§ 35-15-05 — Account filed with clerk - Recorded by clerk - Liens concurrent and paid pro rata

pro rata.
Any person entitled to a lien under this chapter shall make a verified account in writing of
the items of labor and material furnished and, within sixty days from the time of completing the
labor or furnishing the last item of materials, shall file the account in the office of the clerk of the
district court of the county where the lode, lead, ledge, mine, deposit, bank, or tunnel for which
labor or material is furnished is situated. The person shall file, with the account, a correct
description of the property to be charged with the lien. The account and description must be

recorded in a separate record and filing system to be provided for that purpose by the clerk of
court. Thereupon the account will operate as a lien on the property charged in the description
from the time of the completion of the work or furnishing the last item of material, and for one
year thereafter. When labor or materials have been furnished under a written contract, the
contract or a copy thereof must be filed with the account and description. All lien claims for labor
or materials furnished must be concurrent liens upon the property charged and must be paid pro
rata out of the proceeds arising from the sale of the property, if sold, or upon settlement without
sale.