66-1217. Recordation of real and personal property mortgages or security interests in fixtures made by railroad and utility companies; filing with secretary of state, when; liens. - Kansas Statutes

66-1217

Chapter 66.--PUBLIC UTILITIES Article 12.--MISCELLANEOUS PROVISIONS

      66-1217.   Recordation of real and personal propertymortgages orsecurity interests in fixtures made by railroad and utility companies;filing with secretary of state, when; liens.Any mortgage of real property or of both real property and personalproperty, including fixtures, or a security interest in fixtures alone,made by a corporation which is a railroad company as defined inK.S.A. 2009 Supp.66-2,123, and amendments thereto, or a public utility asdefined in K.S.A.66-104, and amendments thereto, shall be recordedin the office of the register of deeds of the county or counties in whichthe real property is located, and when so recorded shall be a lien on thereal property and fixtures described in the mortgage or security agreementfrom the time of recording. If the instrument so provides,the instrument shall be alien on any real property and fixtures thereafter acquired subject to themortgage or security agreement from the time of acquisition. Ifsuchmortgage or security agreement includes personal property, a copy ofsuchmortgage or security agreement certified as true by the debtor or creditor,or an officer of either, shall also be filed with the secretary of state inaccordance with part 5 of article 9 of the uniformcommercial code and amendments thereto and accompanied by the form prescribedby K.S.A. 84-9-521(a), and amendments thereto, which must indicate in box 10 ofthe form that the lienis filed in accordance with this section. When so filed the mortgage orsecurityagreement shall be a lien on such property described insuchmortgage or security agreement from the time of such filing,and if theinstrument so provides, shall be a lien on any property thereafter acquiredsubject to the mortgage or security agreement from the time ofacquisition. The lien thereon shall be enforceable in accordance withthelaws ofthis state governing mortgages of real estate. No other recording or filingof any such instrument shall be necessary, notwithstanding the provisionsof any other statute. The instrument shall be effective upon the recorduntil terminated and the filing officer shall remove the record one year aftertermination.

      History:   L. 1965, ch. 392, § 1;L. 2002, ch. 159, § 3;L. 2005, ch. 21, § 11; July 1.