This text of New York § 291-D (Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 291-d. Recording of master forms of mortgage covenants and clauses;\nincorporation thereof by reference.
1.An instrument containing a form\nor forms of mortgage covenants, conditions, obligations, powers,\nreleases, and other clauses may be recorded in the office of the\nrecording officer of any county and such recording officer, upon the\nrequest of any person, on tender of the lawful fees therefor, shall\nrecord the same in his said office. Every such instrument shall be\nentitled on the face thereof as a "Master form recorded by ....... (name\nof person causing the instrument to be recorded)." Such instrument need\nnot be acknowledged or proved or certified to be entitled to record.\n 2. When any such instrument is recorded, the clerk or register shall\nindex such instrument under
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§ 291-d. Recording of master forms of mortgage covenants and clauses;\nincorporation thereof by reference. 1. An instrument containing a form\nor forms of mortgage covenants, conditions, obligations, powers,\nreleases, and other clauses may be recorded in the office of the\nrecording officer of any county and such recording officer, upon the\nrequest of any person, on tender of the lawful fees therefor, shall\nrecord the same in his said office. Every such instrument shall be\nentitled on the face thereof as a "Master form recorded by ....... (name\nof person causing the instrument to be recorded)." Such instrument need\nnot be acknowledged or proved or certified to be entitled to record.\n 2. When any such instrument is recorded, the clerk or register shall\nindex such instrument under the name of the person causing it to be\nrecorded in the manner provided for miscellaneous instruments relating\nto real property.\n 3. Thereafter any of the provisions of such master form instrument may\nbe incorporated by reference in any conveyance of real property situated\nwithin the state, if such reference in the conveyance states that the\nmaster form instrument was recorded in the county in which the\nconveyance is offered for record, the date when and the office, book and\npage or pages where such master form instrument was recorded, and that a\ncopy of such master form instrument was furnished to the person\nexecuting the conveyance. The recording of any conveyance which has so\nincorporated by reference therein any of the provisions of a master form\ninstrument recorded as provided in this section shall have like effect\nas if such provisions of the master form so incorporated by reference\nhad been set forth fully in the conveyance.\n 4. Whenever an instrument of conveyance is presented for recording on\nwhich is set forth matter purporting to be a copy or reproduction of\nsuch master form instrument or of part thereof, identified by its title\nas provided in subdivision one of this section and stating the date when\nit was recorded and the county, office, book and page where it was\nrecorded, preceded by the words "do not record" or "not to be recorded,\n" and plainly separated from the matter to be recorded as part of the\nconveyance, in such manner that it will not appear upon a photographic\nreproduction of any page containing any part of the conveyance, such\nmatter shall not be recorded by the county clerk or register to whom the\ninstrument is presented for recording; in such case the county clerk or\nregister shall record only the conveyance apart from such matter and\nshall not be liable for so doing, any other provisions of law to the\ncontrary notwithstanding.\n 5. For the purposes of any provision of law relating to fees for\nrecording, entering or indexing of conveyances, or relating to searches,\nfurnishing of certified copies, reproduction by photographic method or\notherwise, or destruction, or to any other matter pertaining to the\npowers and duties of recording officers with respect to conveyances,\nexcept manner of indexing thereof, the master form instrument provided\nfor in subdivision one of this section shall be deemed a conveyance.\n