Title 44, Chapter 14, Section 36
( 44-14-36)
(a) A mortgage, deed to secure debt, indenture, deed of trust, or
other security agreement or any supplement or amendment thereto
relating to real property made by a railroad corporation, electric
or gas corporation, other public utility corporation, or any
corporation or other entities engaged in the furnishing of telephone
service or the production, transmission, or distribution of
electricity or made by any receivers, trustees, or other legal
officers in possession of or operating any such corporation or other
entity shall be recorded on the real property records in the office
of the clerk of the superior court in each county in this state in
which any of the property is located. Any such security agreement
or any supplement or amendment thereto shall be valid only from the
time it is filed for record against subsequent creditors, grantees,
purchasers, and mortgagees acting in good faith and without notice.
Such instruments need not otherwise be filed or refiled except as
may be provided by Chapter 3 of Title 40. To the extent that any
mortgage, deed to secure debt, indenture, deed of trust, or other
security agreement or any supplement or amendment thereto executed
before April 8, 1968, has been filed or recorded as provided in this
Code section, it need not be refiled or rerecorded under this Code
section; and nothing in this Code section shall be deemed to impair
the lien or effect of any such instrument executed prior to April 8,
1968, which instrument has been recorded or filed in accordance with
the laws of this state applicable thereto prior to April 8, 1968. (b) A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-501 through 11-9-504. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed. |