§ 35-27-04 — When lien attaches - Exception - Filing

As against a mortgage given in good faith for the purpose of providing funds for the
payment of materials or labor for the improvement, a lien may not be preferred even though
such mortgage is recorded after the time the first item of material or labor is furnished upon the
premises, or after the actual visible beginning of the improvement unless the person furnishing
such labor, skill, or material for such improvement, before the recording of such mortgage, files
for record a construction lien.