# Title 47 — Property

## Chapter 47-29 — Recording Master Mortgage

### § 47-29-01. Recording master form.

An instrument containing a form or forms of covenants, conditions, obligations, powers, and
other clauses of a mortgage or deed of trust may be recorded in the office of recorder of any
county and the recorder of such county, upon the request of any person, on tender of the lawful
fees therefor, shall record the same in the recorder's registry. Every such instrument shall be
entitled on the face thereof as a "Master form recorded by __________________________
(name of person causing the instrument to be recorded)". Except as otherwise provided for in
this chapter, such mortgage or deed of trust instruments shall meet all other requirements for
recording.
### § 47-29-02. Indexing.

When any such instrument is recorded, the recorder shall index such instrument under the
name of the person causing it to be recorded in the manner provided for miscellaneous
instruments relating to real estate.
### § 47-29-03. Incorporating master form.

Thereafter any of the provisions of such master form instrument may be incorporated by
reference in any mortgage or deed of trust of real estate situated within this state, if such
reference in the mortgage or deed of trust states that the master form instrument was recorded
in the county in which the mortgage or deed of trust is offered for record, the date when, the
document number, or the book and page or pages where such master form instrument was
recorded, and that a copy of such master form instrument was furnished to the person executing
the mortgage or deed of trust. The recording of any mortgage or deed of trust which has so
incorporated by reference therein any of the provisions of a master form instrument recorded as
provided in this section shall have like effect as if such provisions of the master form so
incorporated by reference had been set forth fully in the mortgage or deed of trust.
### § 47-29-04. Recording instrument incorporating master forms.

Whenever a mortgage or deed of trust is presented for recording on which is set forth
matter purporting to be a copy or reproduction of the master form instrument or of a part of the
master form instrument, identified by its title as provided in section 47-29-01 and stating the
date when it was recorded and the book and page or document number where it was recorded,
preceded by the words "do not record" or "not to be recorded", and plainly separated from the
matter to be recorded as a part of the mortgage or deed of trust in a manner that it will not
appear upon a photographic reproduction of any page containing any part of the mortgage or
deed of trust, the matter may not be recorded by the recorder to whom the instrument is
presented for recording. The recorder shall record only the mortgage or deed of trust apart from
the matter and is not liable for so doing, notwithstanding any other provision of law.
