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10  AN ACT concerning real property; relating to the release of a mortgage -
11    or deed of trust.-
12
13  Be it enacted by the Legislature of the State of Kansas:-
14    Section 1.  (a) Any mortgage or deed of trust against real property -
15  located in this state recorded on or after January 1, 1955, and before -
16  January 1, 1965, or referred to or described in any instrument of record -
17  within such period shall be void, unless, prior to July 1, 1998, the owner -
18  and holder thereof files, in the office of the register of deeds of the county -
19  in which the property is located, an affidavit stating:-
20    (1)  The name and address of the owner and holder thereof;-
21    (2)  the nature of the claim;-
22    (3)  the amount due on the claim;-
23    (4)  the date of the last payment on the claim; and-
24    (5)  a description of the property.-
25    (b)  Any mortgage or deed of trust against real property located in this -
26  state recorded on or after January 1, 1965, or referred to or described in -
27  any instrument of record after such date, shall be void by operation of -
28  law if:-
29    (1)  More that 32 years shall have elapsed between the date of the -
30  initial recording of the mortgage; and-
31    (2)  prior to July 1 of the year next preceding the date 32 years after -
32  the date of initial recording, unless an action is commenced to fore--
33  close the mortgage or deed of trust, or unless the owner and holder -
34  of the mortgage does not file in the office of the register of deeds of the -
35  county in which the property is located, an affidavit stating:-
36    (A)  The name and address of the owner and holder thereof;-
37    (B)  the nature of the claim;-
38    (C)  the amount due on the claim;-
39    (D)  the date of the last payment on the claim; and-
40    (E)  a description of the property.-
41    (c)  This section shall not apply to or affect mortgages, deeds of trust -
42  or liens against real property of railroad corporations recorded after Jan--
43  uary 1, 1890.-
44  -
HB 2057--Am. by S-
                                     

 1    (d)  Infancy, incompetency or nonresidency shall not affect the op--
 2  eration of this act.-
 3    Sec. 2.  This act shall take effect and be in force from and after its -
 4  publication in the statute book.-
 5  -