NRS111.353. Recording of master form mortgages and deeds of trust; incorporation of provisions by reference in subsequently recorded instruments.  


Latest version.
  •   A mortgage or deed of trust of real property may be recorded and be constructive notice of such mortgage or deed of trust and the contents thereof in the following manner:

          1.  Any person may record in the office of the county recorder of any county master form mortgages and deeds of trust of real property, which:

          (a) Need not be acknowledged or proved or certified to be recorded or entitled to record.

          (b) Shall have noted upon the face thereof that they are master forms.

          (c) Shall be indexed and recorded by the county recorder in the same manner as other mortgages and deeds of trust are recorded, and the county recorder shall note on all indexes and records of such documents that they are master forms.

          2.  Thereafter, any of the provisions of any such recorded master form mortgage or deed of trust may be included for any and all purposes in any mortgage or deed of trust by reference therein to any such provisions, without setting them forth in full, if such master form mortgage or deed of trust is of record in the county in which the mortgage or deed of trust adopting or including by reference any of the provisions of such master form mortgage or deed of trust is recorded.

          3.  Such reference shall contain a statement as to the following:

          (a) Each county in which the mortgage or deed of trust containing such a reference is recorded;

          (b) The date such master form mortgage or deed of trust was recorded;

          (c) The county recorder’s office where the master form mortgage or deed of trust is recorded, and the book or volume and the first page of the records in the recorder’s office wherein and at which any such master form mortgage or deed of trust was recorded; and

          (d) By paragraph numbers or any other method that will definitely identify such provisions, the specific provisions of any such master form mortgage or deed of trust that are being so adopted and included therein.

          4.  The recording of any such mortgage or deed of trust which has included therein any such provisions by reference as provided in this section shall operate as constructive notice of the whole of such mortgage or deed of trust, including the terms, as a part of the written contents of any such mortgage or deed of trust, of any such provisions so included by reference as though such provisions were written in full therein.

          5.  The parties bound or to be bound by provisions so adopted and included by reference shall be bound thereby in the same manner and with like effect for all purposes as though such provisions had been and were set forth in full in any such mortgage or deed of trust.

      (Added to NRS by 1967, 766)