N.Y. Real Property Law § 291-d: Recording of master forms of mortgage covenants and clauses; incorporation thereof by reference

§ 291-d. Recording of master forms of mortgage covenants and clauses;

incorporation thereof by reference. 1. An instrument containing a form

or forms of mortgage covenants, conditions, obligations, powers,

releases, and other clauses may be recorded in the office of the

recording officer of any county and such recording officer, upon the

request of any person, on tender of the lawful fees therefor, shall

record the same in his said office. Every such instrument shall be

entitled on the face thereof as a "Master form recorded by ....... (name

of person causing the instrument to be recorded)." Such instrument need

not be acknowledged or proved or certified to be entitled to record.

2. When any such instrument is recorded, the clerk or register shall

index such instrument under the name of the person causing it to be

recorded in the manner provided for miscellaneous instruments relating

to real property.

3. Thereafter any of the provisions of such master form instrument may

be incorporated by reference in any conveyance of real property situated

within the state, if such reference in the conveyance states that the

master form instrument was recorded in the county in which the

conveyance is offered for record, the date when and the office, book and

page or pages where such master form instrument was recorded, and that a

copy of such master form instrument was furnished to the person

executing the conveyance. The recording of any conveyance which has so

incorporated by reference therein any of the provisions of a master form

instrument recorded as provided in this section shall have like effect

as if such provisions of the master form so incorporated by reference

had been set forth fully in the conveyance.

4. Whenever an instrument of conveyance is presented for recording on

which is set forth matter purporting to be a copy or reproduction of

such master form instrument or of part thereof, identified by its title

as provided in subdivision one of this section and stating the date when

it was recorded and the county, office, book and page where it was

recorded, preceded by the words "do not record" or "not to be recorded,

" and plainly separated from the matter to be recorded as part of the

conveyance, in such manner that it will not appear upon a photographic

reproduction of any page containing any part of the conveyance, such

matter shall not be recorded by the county clerk or register to whom the

instrument is presented for recording; in such case the county clerk or

register shall record only the conveyance apart from such matter and

shall not be liable for so doing, any other provisions of law to the

contrary notwithstanding.

5. For the purposes of any provision of law relating to fees for

recording, entering or indexing of conveyances, or relating to searches,

furnishing of certified copies, reproduction by photographic method or

otherwise, or destruction, or to any other matter pertaining to the

powers and duties of recording officers with respect to conveyances,

except manner of indexing thereof, the master form instrument provided

for in subdivision one of this section shall be deemed a conveyance.