MARVIN MANDEL, Governor

803

be issued, the]] THE affidavit may be made by any trustee
named in the deed of trust, [and the affidavit may be
made] BY AN AGENT OF THE TRUSTEE, OR by an agent of a
mortgagee or of a party secured by the deed of trust [or
by the trustee named in a deed of trust to secure a bond
to be issued].

4-109.

(c)    For the purposes of this section, the failures
in the formal requisites of an instrument are:

(1)    A defective acknowledgment;

(2)    A failure to attach any clerk's
certificate;

(3)    An omission of a notary seal or other
seal;

(4)    A lack of or improper acknowledgment or
affidavit of consideration, AGENCY, or disbursement; or

(5)    An omission of an attestation.

5-106.

Every assignment of any beneficial interest in a
trust, the assets of which wholly or partially consist of
land, [shall be] IS VOID UNLESS THE ASSIGNMENT IS:

(1)    [[IN WRITING SIGNED BY THE ASSIGNOR]] In
writing signed by the assignor[,] OR his agent lawfully
authorized by writing[,]; or

(2)    by his last will in writing[ , or else it
is are void].

6-102.

(d)    (1) To be effective and to be entitled to be
recorded, the notice shall contain an accurate and full
description of all land affected by the notice. The
description shall be set forth in particular terms and
not by general inclusions. However, if the claim is
founded on a recorded instrument, then the description in
the notice may be the same as that contained in the
recorded instrument. The notice also shall contain the
name of any record owner of the land[,] at the time the
notice is filed[,] and the terms of the special
limitation or condition subsequent from which the
possibility of reverter or right of entry arises.

(2) Every notice which is duly acknowledged
shall be accepted for recording among the land records on
payment of the same fees as are charged for the recording
of deeds.