A mortgage or bill of sale to secure debt may embrace all property
in possession, or to which the mortgagor or grantor has the right of
possession at the time. A mortgage or bill of sale to secure debt
given by a person or a corporation to a trustee or trustees to
secure an issue of bonds shall, when it is expressly so stipulated
therein, embrace, cover, and convey title to after-acquired property
of such person or corporation. Provided, however, any public utility
company, whether or not incorporated, including, without limitation,
any corporation organized under or governed by the provisions of
Article 4 of Chapter 3 of Title 46, may by mortgage, bill of sale to
secure debt, deed to secure debt, or deed of trust, embrace, cover,
convey, pledge, and encumber after-acquired property of such
company, wherever located, when the instrument expressly so
stipulates therein; and any such instrument when recorded as
provided by law shall constitute notice from the time it is filed
for record and shall have priority (subject to purchase money
encumbrances) as against the interests of third parties with respect
to after-acquired property from the time such property is acquired. |