429.032. Partial release when lien is on multiple lots or tracts--mechanic's lien claimant to file record in circuit court, content--form for partial release. - Missouri Statutes

Partial release when lien is on multiple lots or tracts--mechanic'slien claimant to file record in circuit court, content--form forpartial release.

429.032. 1. When multiple lots, tracts or parcels are the subject ofone mechanic's lien created by virtue of sections 429.010 to 429.340, it shallbe permissible for every mechanic or other person who has a lien upon suchmultiple lots, tracts or parcels to release one or more of the lots, tracts orparcels from the mechanic's lien. The lots, tracts or parcels released, andthe amount of mechanic's lien debt attributable to such lot, tract or parcelso released shall be specified by the mechanic's lien claimant.

2. Whenever a mechanic's lien filed upon multiple lots, tracts orparcels is partially released as to one or more of the lots, tracts orparcels, it shall be the duty of the mechanic's lien claimant to acknowledgeupon the record or the margin thereof, in the office of the clerk of thecircuit court, the portion of the mechanic's lien debt that is satisfied andthe lots, tracts or parcels which are being released. The acknowledgmentshall be sufficient if filed with the clerk of the circuit court in thefollowing form:

PARTIAL RELEASE OF MECHANIC'S LIEN

STATE OF MISSOURI)

)SS.

COUNTY OF )

COMES NOW ...................., (name of lien claimant) the lien claimantand does hereby partially release its mechanic's lien filed on ........, (datelien filed) and filed for record as lien number......................................... (lien number or book and pagenumbers)

The amount of the original mechanic's lien debt is $ ......... .

The amount of the original mechanic's lien debt which is now satisfied is $............. .

The lots, tracts or parcels which are being released are more fully describedas follows:

(Legal description of lots, tracts or parcels which are being released)

..........................

Lien Claimant

By........................

(Signature of authorized

representative)

(FOR INDIVIDUAL LIEN CLAIMANT)

On this ........ day of ........, 20...., before me personally appeared............................, to me* known to be the person described in andwho executed the foregoing instrument, and acknowledged that he/she executedthe same as his/her free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officialseal in the county and state aforesaid, the day and year first above written.

............................

Notary Public

My commission expires:

......................

OR

(FOR CORPORATE LIEN CLAIMANT)

On this .......... day of ........, 20........, before me personallyappeared ................................, to me personally known, who, beingby me duly sworn, did say that he is the ........................ of............................, a Missouri corporation, and that the sealaffixed to the foregoing corporation, and that the seal affixed to theforegoing instrument is the corporate seal of said corporation, and that saidinstrument was signed and sealed on behalf of said corporation by authority ofits board of directors; and said .................... acknowledged saidinstrument to be the free act and deed of said corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officialseal in the county and state aforesaid, the day and year first above written.

............................

Notary Public

My commission expires:

......................

(L. 1992 H.B. 1434 & 1490 § 23)

*Word "be" appears in original rolls.