Authorization to incorporate master form by reference -- Referencing a master form -- Prohibiting the reference of legal descriptions.

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  • (1)
    • (a) After a master form is recorded in accordance with Section 57-3-202, any provision of that master form may be incorporated in a mortgage or trust deed without setting the provision in full by making reference to the master form in the manner provided in this section.
    • (b) The incorporation of a provision of a master form is effective for purposes of this chapter only if it complies with the provision of this section.
  • (2) To incorporate a provision of a master form:
    • (a) the master form shall be of record in any county in which the mortgage or trust deed incorporating the master form provision is recorded;
    • (b) the mortgage or trust deed incorporating the master form provision shall contain a statement for each county in which the mortgage or trust deed is to be recorded that:
      • (i) gives the specific date on which the referenced master form was recorded in that county;
      • (ii) identifies the referenced master form by reference to the indexing information for the referenced master form from the county records of that county, providing:
        • (A) the entry number; and
        • (B) the book and first page number of the records or book where the recorded master form appears; and
      • (iii) if less than all of the provisions of the referenced master form are incorporated, identifies by paragraph, section, or other method which provision is incorporated into the mortgage or trust deed.
  • (3) In the absence of a statement identifying which provision is to be incorporated as described in Subsection (2)(b)(iii), the entire referenced master form is considered incorporated.
  • (4) A party may not incorporate by reference the legal description of the real property affected by the mortgage or trust deed being recorded.




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