17-630.Mortgages and deeds of trust for securing
bonds of
interstate gas pipelines and certain public utilities or indebtedness
incurred under rural electrification act; execution and filing;
notice.
Every mortgage or deed of trust, or satisfaction thereof, covering any
real or personal property situated in this state, made to secure the
payment of bonds issued or to be issued thereafter by any corporation
which is an interstate gas pipeline company, or by any public utility as
defined in K.S.A. 66-104 and amendments thereto except nothing herein
shall apply to
or affect railroad corporations, and every mortgage or deed of trust, or
satisfaction thereof, covering any real or personal property situated in
this state made to secure any indebtedness incurred under the rural
electrification act of 1936, as amended (U.S. code, title 7, chapter
31), shall be executed and duly acknowledged and certified, as other
instruments affecting real estate. Such mortgage or deed of
trust, or satisfaction thereof shall be filed in the
office of the secretary of state accompanied by the form prescribed by
K.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 of
the form that the
instrument is filed in accordance with this section. The secretary shall
certify that the instrument
has been filed in the secretary's office by endorsing
upon the original
signed instrument the word "filed" and the date and hour of its filing.
This endorsement is the "filing date" of the instrument and is
conclusive of the date and time of its filing in the absence of actual
fraud. The secretary of state shall thereupon file and index the
endorsed instrument in accordance with part 5 of article 9 of the uniform
commercial code, and amendments thereto. The instrument shall be effective upon
the record until terminated and the secretary of state shall remove the record
one year after termination.
The filing of such instrument in the
office of the secretary of state shall be notice to all persons of the
contents thereof and to all subsequent purchasers and encumbrancers of
the rights and interests of the parties thereto as to property described
in the filed instrument and property acquired subsequent to
the execution thereof if the instrument so provides.
Notwithstanding any provision of law to the contrary, no other filing
of any such instrument shall be necessary. Any such mortgage or deed of trust
filed in the office of the register of deeds of
any county in this state may be refiled in the office of
the secretary of state in the manner provided in
this section. Such refiling shall thereafter as to
any property not
previously released from such mortgage or deed of trust be of the same
effect as if the instrument had been originally filed in
the office of the secretary of state. The secretary of state shall charge
the same filing and information retrieval fees and credit the amounts in the
same manner as financing statements filed under part 5 of article 9 of the
uniform commercial code, and amendments thereto.
History: L. 1974, ch. 232, § 1; L. 1975, ch. 129, §
1;
L. 1999, ch. 39, § 1;
L. 2002, ch. 159, § 1; May 23.
17-630.Mortgages and deeds of trust for securing
bonds of
interstate gas pipelines and certain public utilities or indebtedness
incurred under rural electrification act; execution and filing;
notice.
Every mortgage or deed of trust, or satisfaction thereof, covering any
real or personal property situated in this state, made to secure the
payment of bonds issued or to be issued thereafter by any corporation
which is an interstate gas pipeline company, or by any public utility as
defined in K.S.A. 66-104 and amendments thereto except nothing herein
shall apply to
or affect railroad corporations, and every mortgage or deed of trust, or
satisfaction thereof, covering any real or personal property situated in
this state made to secure any indebtedness incurred under the rural
electrification act of 1936, as amended (U.S. code, title 7, chapter
31), shall be executed and duly acknowledged and certified, as other
instruments affecting real estate. Such mortgage or deed of
trust, or satisfaction thereof shall be filed in the
office of the secretary of state accompanied by the form prescribed by
K.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 of
the form that the
instrument is filed in accordance with this section. The secretary shall
certify that the instrument
has been filed in the secretary's office by endorsing
upon the original
signed instrument the word "filed" and the date and hour of its filing.
This endorsement is the "filing date" of the instrument and is
conclusive of the date and time of its filing in the absence of actual
fraud. The secretary of state shall thereupon file and index the
endorsed instrument in accordance with part 5 of article 9 of the uniform
commercial code, and amendments thereto. The instrument shall be effective upon
the record until terminated and the secretary of state shall remove the record
one year after termination.
The filing of such instrument in the
office of the secretary of state shall be notice to all persons of the
contents thereof and to all subsequent purchasers and encumbrancers of
the rights and interests of the parties thereto as to property described
in the filed instrument and property acquired subsequent to
the execution thereof if the instrument so provides.
Notwithstanding any provision of law to the contrary, no other filing
of any such instrument shall be necessary. Any such mortgage or deed of trust
filed in the office of the register of deeds of
any county in this state may be refiled in the office of
the secretary of state in the manner provided in
this section. Such refiling shall thereafter as to
any property not
previously released from such mortgage or deed of trust be of the same
effect as if the instrument had been originally filed in
the office of the secretary of state. The secretary of state shall charge
the same filing and information retrieval fees and credit the amounts in the
same manner as financing statements filed under part 5 of article 9 of the
uniform commercial code, and amendments thereto.
History: L. 1974, ch. 232, § 1; L. 1975, ch. 129, §
1;
L. 1999, ch. 39, § 1;
L. 2002, ch. 159, § 1; May 23.
17-630.Mortgages and deeds of trust for securing
bonds of
interstate gas pipelines and certain public utilities or indebtedness
incurred under rural electrification act; execution and filing;
notice.
Every mortgage or deed of trust, or satisfaction thereof, covering any
real or personal property situated in this state, made to secure the
payment of bonds issued or to be issued thereafter by any corporation
which is an interstate gas pipeline company, or by any public utility as
defined in K.S.A. 66-104 and amendments thereto except nothing herein
shall apply to
or affect railroad corporations, and every mortgage or deed of trust, or
satisfaction thereof, covering any real or personal property situated in
this state made to secure any indebtedness incurred under the rural
electrification act of 1936, as amended (U.S. code, title 7, chapter
31), shall be executed and duly acknowledged and certified, as other
instruments affecting real estate. Such mortgage or deed of
trust, or satisfaction thereof shall be filed in the
office of the secretary of state accompanied by the form prescribed by
K.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 of
the form that the
instrument is filed in accordance with this section. The secretary shall
certify that the instrument
has been filed in the secretary's office by endorsing
upon the original
signed instrument the word "filed" and the date and hour of its filing.
This endorsement is the "filing date" of the instrument and is
conclusive of the date and time of its filing in the absence of actual
fraud. The secretary of state shall thereupon file and index the
endorsed instrument in accordance with part 5 of article 9 of the uniform
commercial code, and amendments thereto. The instrument shall be effective upon
the record until terminated and the secretary of state shall remove the record
one year after termination.
The filing of such instrument in the
office of the secretary of state shall be notice to all persons of the
contents thereof and to all subsequent purchasers and encumbrancers of
the rights and interests of the parties thereto as to property described
in the filed instrument and property acquired subsequent to
the execution thereof if the instrument so provides.
Notwithstanding any provision of law to the contrary, no other filing
of any such instrument shall be necessary. Any such mortgage or deed of trust
filed in the office of the register of deeds of
any county in this state may be refiled in the office of
the secretary of state in the manner provided in
this section. Such refiling shall thereafter as to
any property not
previously released from such mortgage or deed of trust be of the same
effect as if the instrument had been originally filed in
the office of the secretary of state. The secretary of state shall charge
the same filing and information retrieval fees and credit the amounts in the
same manner as financing statements filed under part 5 of article 9 of the
uniform commercial code, and amendments thereto.
History: L. 1974, ch. 232, § 1; L. 1975, ch. 129, §
1;
L. 1999, ch. 39, § 1;
L. 2002, ch. 159, § 1; May 23.