Mortgage or deed of trust securing payment of bonds issued byinterstate gas pipeline company or public utility, filing in office ofsecretary of state--notice--lien--refiling, effect--satisfaction,release, or cancellation, duties of secretary of state--fee--not toaffect instruments filed prior to effective date of section.
443.451. 1. Notwithstanding other provisions of law to thecontrary, every mortgage or deed of trust or any supplement oramendment thereto, or satisfaction thereof, covering any real orpersonal property situated in this state, made to secure thepayment of bonds issued, or to be issued thereafter, by anycorporation which is an interstate gas pipeline company, or by apublic utility as defined in section 386.020, RSMo, shall beexecuted and duly acknowledged and certified, as otherinstruments affecting real estate, and may be filed in the officeof the secretary of state, who shall certify that the instrumenthas been filed in his or her office by endorsing upon theinstrument the word "filed" and the date and hour of filing.This endorsement is the filing date of the instrument and isconclusive of the date and time of the filing in the absence ofactual fraud. In lieu of filing an original of such instrument,a true copy thereof may be filed with an affidavit by themortgagor or the mortgagee, or an agent of either, that it is atrue copy. The secretary of state shall thereupon file and indexthe endorsed instrument.
2. The filing of such instrument in the office of thesecretary of state shall be notice to all persons of the contentsthereof and to all subsequent purchasers and encumbrancers, andno other filing or recording of any such instrument shall benecessary.
3. Such mortgage or deed of trust, and any supplement to oramendment thereof, filed in the office of the secretary of statein accordance with the provisions of this section, shall be alien on the mortgaged property from the time it is filed.
4. Such mortgage or deed of trust, or any supplement to oramendment thereof, heretofore recorded or filed in the office ofthe recorder of deeds of any county in this state may be refiledin the office of the secretary of state in the manner provided inthis section, and such refiling shall thereafter as to anyproperty not previously released from such mortgage or deed oftrust and any supplement to or amendment thereof be of the sameeffect as if the instrument had been originally filed in theoffice of the secretary of state.
5. When such mortgage is satisfied, released or canceled,in whole or in part, and evidence thereof shall be filed in theoffice of the secretary of state, the secretary of state shallenter the date of such satisfaction, release or cancellationthereof in an appropriate record in his or her office. Thesecretary of state shall furnish to the person filing suchmortgage, supplement or amendment thereto or any evidence ofsatisfaction, release or cancellation of such mortgage acertificate of the filing.
6. The secretary of state shall charge and collect a feefor each filing or certificate of filing in accordance with theuniform filing fees as provided in section 400.9-403, RSMo.
7. Instruments recorded or filed prior to August 28, 1993,shall not be affected by this section.
Mortgage or deed of trust securing payment of bonds issued byinterstate gas pipeline company or public utility, filing in office ofsecretary of state--notice--lien--refiling, effect--satisfaction,release, or cancellation, duties of secretary of state--fee--not toaffect instruments filed prior to effective date of section.
443.451. 1. Notwithstanding other provisions of law to thecontrary, every mortgage or deed of trust or any supplement oramendment thereto, or satisfaction thereof, covering any real orpersonal property situated in this state, made to secure thepayment of bonds issued, or to be issued thereafter, by anycorporation which is an interstate gas pipeline company, or by apublic utility as defined in section 386.020, RSMo, shall beexecuted and duly acknowledged and certified, as otherinstruments affecting real estate, and may be filed in the officeof the secretary of state, who shall certify that the instrumenthas been filed in his or her office by endorsing upon theinstrument the word "filed" and the date and hour of filing.This endorsement is the filing date of the instrument and isconclusive of the date and time of the filing in the absence ofactual fraud. In lieu of filing an original of such instrument,a true copy thereof may be filed with an affidavit by themortgagor or the mortgagee, or an agent of either, that it is atrue copy. The secretary of state shall thereupon file and indexthe endorsed instrument.
2. The filing of such instrument in the office of thesecretary of state shall be notice to all persons of the contentsthereof and to all subsequent purchasers and encumbrancers, andno other filing or recording of any such instrument shall benecessary.
3. Such mortgage or deed of trust, and any supplement to oramendment thereof, filed in the office of the secretary of statein accordance with the provisions of this section, shall be alien on the mortgaged property from the time it is filed.
4. Such mortgage or deed of trust, or any supplement to oramendment thereof, heretofore recorded or filed in the office ofthe recorder of deeds of any county in this state may be refiledin the office of the secretary of state in the manner provided inthis section, and such refiling shall thereafter as to anyproperty not previously released from such mortgage or deed oftrust and any supplement to or amendment thereof be of the sameeffect as if the instrument had been originally filed in theoffice of the secretary of state.
5. When such mortgage is satisfied, released or canceled,in whole or in part, and evidence thereof shall be filed in theoffice of the secretary of state, the secretary of state shallenter the date of such satisfaction, release or cancellationthereof in an appropriate record in his or her office. Thesecretary of state shall furnish to the person filing suchmortgage, supplement or amendment thereto or any evidence ofsatisfaction, release or cancellation of such mortgage acertificate of the filing.
6. The secretary of state shall charge and collect a feefor each filing or certificate of filing in accordance with theuniform filing fees as provided in section 400.9-403, RSMo.
7. Instruments recorded or filed prior to August 28, 1993,shall not be affected by this section.
Mortgage or deed of trust securing payment of bonds issued byinterstate gas pipeline company or public utility, filing in office ofsecretary of state--notice--lien--refiling, effect--satisfaction,release, or cancellation, duties of secretary of state--fee--not toaffect instruments filed prior to effective date of section.
443.451. 1. Notwithstanding other provisions of law to thecontrary, every mortgage or deed of trust or any supplement oramendment thereto, or satisfaction thereof, covering any real orpersonal property situated in this state, made to secure thepayment of bonds issued, or to be issued thereafter, by anycorporation which is an interstate gas pipeline company, or by apublic utility as defined in section 386.020, RSMo, shall beexecuted and duly acknowledged and certified, as otherinstruments affecting real estate, and may be filed in the officeof the secretary of state, who shall certify that the instrumenthas been filed in his or her office by endorsing upon theinstrument the word "filed" and the date and hour of filing.This endorsement is the filing date of the instrument and isconclusive of the date and time of the filing in the absence ofactual fraud. In lieu of filing an original of such instrument,a true copy thereof may be filed with an affidavit by themortgagor or the mortgagee, or an agent of either, that it is atrue copy. The secretary of state shall thereupon file and indexthe endorsed instrument.
2. The filing of such instrument in the office of thesecretary of state shall be notice to all persons of the contentsthereof and to all subsequent purchasers and encumbrancers, andno other filing or recording of any such instrument shall benecessary.
3. Such mortgage or deed of trust, and any supplement to oramendment thereof, filed in the office of the secretary of statein accordance with the provisions of this section, shall be alien on the mortgaged property from the time it is filed.
4. Such mortgage or deed of trust, or any supplement to oramendment thereof, heretofore recorded or filed in the office ofthe recorder of deeds of any county in this state may be refiledin the office of the secretary of state in the manner provided inthis section, and such refiling shall thereafter as to anyproperty not previously released from such mortgage or deed oftrust and any supplement to or amendment thereof be of the sameeffect as if the instrument had been originally filed in theoffice of the secretary of state.
5. When such mortgage is satisfied, released or canceled,in whole or in part, and evidence thereof shall be filed in theoffice of the secretary of state, the secretary of state shallenter the date of such satisfaction, release or cancellationthereof in an appropriate record in his or her office. Thesecretary of state shall furnish to the person filing suchmortgage, supplement or amendment thereto or any evidence ofsatisfaction, release or cancellation of such mortgage acertificate of the filing.
6. The secretary of state shall charge and collect a feefor each filing or certificate of filing in accordance with theuniform filing fees as provided in section 400.9-403, RSMo.
7. Instruments recorded or filed prior to August 28, 1993,shall not be affected by this section.
