Constructive notice -- Effect as between direct parties to mortgage or trust deed.

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  • (1) The recording of a mortgage or trust deed that incorporates a provision of a master form in accordance with Section 57-3-203, operates as constructive notice of the mortgage or trust deed, including all incorporated provisions of the referenced master form.
  • (2) Nothing in this part modifies the law regarding the effectiveness of a mortgage, trust deed, or contract as between:
    • (a) the mortgagor and mortgagee of the mortgage; or
    • (b) the trustor, beneficiary, and trustee under a trust deed.




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