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Session Laws, 1980
Volume 739, Page 2908   View pdf image
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2908

LAWS OF MARYLAND

Ch. 824

(4) A FINANCING STATEMENT MAY BE AMENDED BY
FILING A WRITING SIGNED BY BOTH THE DEBTOR AND THE SECURED
PARTY. AN AMENDMENT OOFS NOT EXTEND THE PERIOD OF
EFFECTIVENESS OF A FINANCING STATEMENT. [The term "financing
statement" as used in this title means the original
financing statement and any amendments but if] IF any
amendment adds collateral, it is effective as to the added
collateral only from the filing date of the amendment. IN
THIS TITLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, THE TERM
"FINANCING STATEMENT" MEANS THE ORIGINAL FINANCING STATEMENT
AND ANY AMENDMENTS.

(5)  A FINANCING STATEMENT COVERING TIMBER TO BE CUT OR
COVERING MINERALS OR THE LIKE (INCLUDING OIL AND GAS) OR
ACCOUNTS SUBJECT TO SUBSECTION (5) OF § 9-103, OR A
FINANCING STATEMENT FILED AS TO COLLATERAL WHICH IS OR IS TO
BECOME FIXTURES WHERE THE DEBTOR IS NOT A TRANSMITTING
UTILITY, MUST SHOW THAT IT COVERS THIS TYPE OF COLLATERAL,
MUST RECITE THAT IT IS "TO BE RECORDED IN THE LAND RECORDS",
AND THE FINANCING STATEMENT MUST CONTAIN A DESCRIPTION OF
THE REAL ESTATE. IF THE DEBTOR DOES NOT HAVE AN INTEREST OF
RECORD IN THE REAL ESTATE, THE FINANCING STATEMENT MUST SHOW
THE NAME OF A RECORD OWNER.

(6)  A MORTGAGE IS EFFECTIVE, UPON THE DATE OF ITS
RECORDING, AS A FINANCING STATEMENT COVERING GOODS THAT ARE
OR ARE TO BECOME FIXTURES IF:

(A)  THE GOODS ARE DESCRIBED IN THE MORTGAGE BY
ITEM OR TYPE,

(B)  THE GOODS ARE OR ARE TO BECOME FIXTURES
RELATED TO THE REAL ESTATE DESCRIBED IN THE MORTGAGE,

(C)  THE MORTGAGE COMPLIES WITH THE REQUIREMENTS
FOR A FINANCING STATEMENT IN THIS SECTION OTHER THAN A
RECITAL THAT IT IS TO BE RECORDED IN THE LAND RECORDS, AND

(D)  THE MORTGAGE IS DULY RECORDED IN THE
APPROPRIATE LAND RECORDS. NO FEE WITH REFERENCE TO THE
FINANCING STATEMENT IS REQUIRED OTHER THAN THE REGULAR
RECORDING AND SATISFACTION FEES WITH RESPECT TO THE
MORTGAGE.

(7)  A FINANCING STATEMENT SUFFICIENTLY SHOWS THE NAME
OF THE DEBTOR IF IT GIVES THE INDIVIDUAL, PARTNERSHIP, OR
CORPORATE NAME OF THE DEBTOR, WHETHER OR NOT IT ADDS OTHER
TRADE NAMES OR THE NAMES OF PARTNERS. WHERE THE DEBTOR SO
CHANGES HIS NAME OR IN THE CASE OF AN ORGANIZATION ITS NAME,
IDENTITY, OR CORPORATE STRUCTURE THAT A FILED FINANCING
STATEMENT BECOMES SERIOUSLY MISLEADING, THE FILING IS NOT
EFFECTIVE TO PERFECT A SECURITY INTEREST IN COLLATERAL
ACQUIRED BY THE DEBTOR MORE THAN 4 MONTHS AFTER THE CHANGE,
UNLESS A NEW APPROPRIATE FINANCING STATEMENT IS FILED BEFORE
THE EXPIRATION OF THAT TIME. A FILED FINANCING STATEMENT
REMAINS EFFECTIVE WITH RESPECT TO COLLATERAL TRANSFERRED BY
THE DEBTOR EVEN THOUGH THE SECURED PARTY KNOWS OF OR
CONSENTS TO THE TRANSFER.

 

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Session Laws, 1980
Volume 739, Page 2908   View pdf image
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