1040                             Laws of Maryland                      [Ch. 349

Any person who owns or has any interest in property on which
a mortgage or deed of trust remains unreleased of record twenty
years after the date of maturity of said instrument, or twenty years
after the date of the last payment called for in said instrument, or
forty years after the date of record of such instrument when the
date of last payment called for in said instrument cannot be ascer-
tained from the record, shall have the right to file a bill in equity
reciting the above facts. All parties to said instrument, including
but not limited to the mortgagee or mortgagees, their personal repre-
sentatives, successors or assigns, the trustees, their successors or
assigns, or any party named in the instrument, their personal repre-
sentatives, successors and assigns, shall be made parties to the bill
and summoned or served with notice by publication, as in other equity
cases. Upon proof that the said instrument or instruments and the
debt thereby secured has been paid or discharged or upon its appear-
ing to the court that more than twenty years have elapsed since the
maturity of the mortgage or deed of trust, raising a presumption of
payment which has not been rebutted at the hearing, the court shall
order the same to be entered by the clerk on the margin of the page
in the book wherein the encumbrance is recorded, or to make such
other appropriate entry, which entry, when made, shall operate as a
release of such mortgage or deed of trust as to the property of the
petitioner.

7-107. Payment of real property taxes by mortgagee or trustee.
In the case of a mortgage or a deed of trust on any property
in which the mortgagee or trustee assumes responsibility by the
collection of taxes through an expense account arrangement for pay-
ment of the real estate taxes on the mortgaged property, the mort-
gagee or trustee shall pay the said taxes within forty-five days from
the first due date, or receipt of the tax bill by the mortgagee or trustee
on the mortgaged property, whichever occurs last provided the mort-
gagee or trustee has sufficient funds of the mortgagor on hand at
said date that had been collected to pay the taxes. Any mortgagee
or trustee having sufficient funds available for the payment of taxes
and failing to pay at the time as provided herein, shall be required
to give the mortgagor a credit for the difference between the amount
of taxes due if paid at the time as provided herein and the amount
of taxes actually paid by the mortgagee or trustee.

7-108. Incorporation by reference.

The terms of any writing which is in existence when a mortgage
or deed of trust is executed, including but not limited to a statement
of covenants, administrative provisions, procedures upon default, and
fiduciary powers, recorded in the record office in which the mortgage
or deed of trust is to be recorded, may be incorporated into such
mortgage or deed of trust by reference thereto if and to the extent
that the language of the mortgage or deed of trust manifests an
intent so to do and describes the writing sufficiently to permit its
identification. Nothing herein contained shall be construed as cast-
ing any doubt upon the validity of any incorporation by reference
made prior to the adoption of this section.

Subtitle 2—Vendor's Liens
7-201. Requirements.

When any property or interest therein shall be transferred or
conveyed, and the purchase money, or any part thereof, shall remain