§ 45-6. Renunciation by representative; clerk appoints trustee. - North Carolina Statutes

§45‑6.  Renunciation by representative; clerk appoints trustee.

The executor or administratorof any deceased mortgagee or trustee in any mortgage or deed of trustheretofore or hereafter executed may renounce in writing, before the clerk ofthe superior court before whom he qualifies, the trust under the mortgage ordeed of trust at the time he qualifies as executor or administrator, or at anytime thereafter before he intermeddles with or exercises any of the dutiesunder said mortgage or deed of trust, except to preserve the property until atrustee can be appointed.  In every such case of renunciation the clerk of thesuperior court of any county wherein the said mortgage or deed of trust isregistered has power and authority, upon proper proceedings instituted beforehim, as in other cases of special proceedings, to appoint some person to act astrustee and execute said mortgage or deed of trust.  The clerk, in addition torecording his proceedings in his book of orders and decrees, shall record a separateinstrument, as required by G.S. 161‑14.1, containing the name of thesubstituted trustee or mortgagee and may enter the name of the substitutedtrustee or mortgagee on the margin of the deed in trust or the mortgage in thebook of the office of the register of deeds of said county. (1905,c. 128; Rev., s. 1038; C.S., s. 2580; 1991, c. 114, s. 5.)