§ 161-14.1. Recording subsequent entries as separate instruments. - North Carolina Statutes

§ 161‑14.1.  Recording subsequent entries asseparate instruments.

(a)        As used in this section, the following terms mean:

(1)        Original instrument. – The previously recorded instrumentthat is modified, amended, supplemented, assigned, satisfied, terminated,revoked, or cancelled by a subsequent instrument.

(2)        Recording data. – The book and page number or documentnumber that indicates where an instrument is recorded in the office of theregister of deeds.

(3)        Subsequent instrument. – Any instrument presented forregistration that indicates in its title or within the first two pages of itstext that it is intended or purports to modify, amend, supplement, assign,satisfy, terminate, revoke, or cancel a previously registered instrument.Examples of subsequent instruments include the appointment or designation of asubstitute trustee in a deed of trust; an affidavit extending the life of adeed of trust; the cancellation of a Notice of Inactive Hazardous Substance orWaste Disposal Site registered pursuant to G.S. 130A‑310.8(f); a recordof satisfaction or other instrument purporting to satisfy a security instrumentregistered pursuant to G.S. 45‑37 or G.S. 45‑37.2; a notice offoreclosure registered pursuant to G.S. 45‑38; an assignment of asecurity instrument or lease; a modification agreement; a release or partialrelease of property from the lien of a security instrument; an assumptionagreement; a subordination agreement; an instrument terminating future optionaladvances registered pursuant to G.S. 45‑72; the revocation of a power ofattorney; any instrument authorized or directed by law to be indexed under theprovisions of this section; and any instrument for which the register of deedsis authorized or directed by law to make a subsequent entry upon the margin ofthe record of an original instrument.

(b)        The register of deeds shall register each subsequentinstrument as a separate instrument and do all of the following:

(1)        Index the parties to the subsequent instrument.

(2)        If the subsequent instrument names one or more of theoriginal parties to the original instrument, index the original parties to theoriginal instrument as they are named in the subsequent instrument.

(3)        If the subsequent instrument states the recording data forthe original instrument, reference the recording data of the originalinstrument as that recording data is stated in the subsequent instrument toeach name so indexed.

(c)        The register of deeds shall not be required to (i) read orexamine any page of an instrument, other than the first two pages, to determinewhether it is a subsequent instrument within the meaning of this section, or(ii) verify or make inquiry concerning the accuracy, sufficiency, orcompleteness of information about an original instrument contained in any subsequentinstrument. The register of deeds is expressly authorized to rely solely on theinformation contained in the subsequent instrument, including, but not limitedto, the names of the original parties to the original instrument and therecording data for the original instrument. (1963, c. 1021, s. 3; 1991, c. 114, s. 1; 2005‑123, s. 8.)