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resources / Statutes / Nonprofit Corporations / §10-2069

Title 10 – Corporations and Associations

Chapter 19 – Not for Profit Corporations and associations, Cooperatives and Fraternal and Benevolent societies

Article 2 – Electric Cooperative Nonprofit Membership Corporations

  • A. Any mortgage, deed of trust or other instrument executed by a cooperative doing business in this state pursuant to this article, which affects real and personal property and which is recorded in the office of the county recorder in any county in which the property is located or is to be located, shall have the same force and effect as if the mortgage, deed of trust or other instrument were also recorded, filed or indexed as provided by law in the office of the county recorder in such county as a mortgage of personal property. All after-acquired property of the cooperative described or referred to as being mortgaged or pledged in the mortgage, deed of trust or other instrument, shall become subject to the lien thereof immediately upon acquisition of such property by the cooperative whether or not such property was in existence at the time of execution of such mortgage, deed of trust or other instrument. Recording of the mortgage, deed of trust or other instrument constitutes notice and otherwise has the same effect with respect to after-acquired property as it has under the laws relating to recording with respect to property owned by the cooperative at the time of execution of the mortgage, deed of trust or other instrument and therein described or referred to as being mortgaged or pledged thereby.
  • B. The lien upon personal property of the mortgage, deed of trust or other instrument shall, after recording, continue in existence and of record for the period of time specified therein without refiling or the filing of a renewal certificate, affidavit or other supplemental information required by law relating to renewal, maintenance or extension of liens upon personal property.