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ings on the said premises insured against loss by fire, for the benefit of the mortgagee.
Fourth. That the part of the first part will pay the rents and other charges mentioned in and made payable by said indenture of lease within
days after said rent or charges are payable.
Fifth. And it is hereby expressly agreed that the whole of the said principal sum shall become due at the option of the said mortgagee or obligee after default in the payment of any instalment of principal, or after default in the payment of interest for
days, or after default in the payment of any rent or other charge made payable by said indenture of lease for days, or after payment of any tax or assessment for days after notice and demand.
In witness whereof, the said part of the first part to these presents ha hereunto set hand and seal the day and year first above written. Sealed and delivered
in the presence of
RECORDING INSTRUMENTS AFFECTING REAL PROPERTY.
SECTION 240. Definitions ; effect of article.
241. Recording of conveyances.
SECTION 258. Acknowledgment by corporation and form of certificate.
259. When county clerk's authentication necessary.
state, when parties and certifying officer are dead.
§ 240. Definitions ; effect of article.—The term “ real property” as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. The term “purchaser,” includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. The term "conveyance," includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, and although the power be one of revocation only ; except a will, a lease for a term not exceeding three years, an executory contract for the sale or pur. chase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. The term “recording officer,” means the county clerk of the county, except in the counties of New York, Kings or Westchester, where it means the register of the county. This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.
§ 241. Recording of conveyances.-A conveyance of real prop
erty, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.
§ 242. By whom conveyance must be acknowledged or proved. -Except as otherwise provided by this article, such acknowledg. ment can be made only by the person who executed the convey. ance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness.
$ 243. Recording of conveyances heretofore acknowledged or proved.—A conveyance of real property, within the state, heretofore executed, and heretofore acknowledged or proved, and certified, so as to be entitled to be read in evidence, or recorded, under the laws in force at the time when so acknowledged or proved, but which has not been recorded is entitled to be read in evidence, and recorded in the same manner, and with the like effect, as if this chapter had not been passed. If heretofore executed, but not proved or acknowledged, it may be proved or acknowledged in the same manner as conveyances hereafter executed and with like effect.
$ 244. Recording executory contracts and powers of attorney. -An executory contract for the sale or purchase of real property, or an instrument containing a power to convey real property, as the agent or attorney for the owner of the property, acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded, may be recorded by the recording officer of any county in which any of the real property to which it relates is situated.
$ 2:45. Recording of letters patent.—Letters patent, issued under the great seal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like effect, as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded. § 246. Recording copies of instruments which are in secre
tary of state's office.-A copy of an instrument affecting real property, within the state, recorded or filed in the office of the secretary of state, certified in the manner required to entitle the same to be read in evidence, may be recorded with such certificate, in the office of any recording officer of the state.
$ 247. Certified copies may be recorded.- A copy of a record, or of any recorded instrument, certified or authenticated so as to be entitled to be read in evidence, may be again recorded in any office where the original would be entitled to be recorded. Such record has the same effect as if the original were so recorded. A copy of a conveyance or mortgage affecting separate parcels of real property situated in different counties, or of the record of such conveyance or mortgage in one of such counties, certified or authenticated so as to be entitled to be read in evidence, may be recorded in any county in which any such parcel is situated, with the same effect as if the original instrument authenticated as required by section two hundred and fifty-nine of this chapter were so recorded.
§ 248. Acknowledgments and proofs within the state. The acknowledgment or proof of a conveyance of real property within the state may be made at any place within the state, before a justice of the supreme court; or within the district wherein such officer is authorized to perform official duties, before a judge, clerk, deputy clerk, or special deputy clerk of a court, a notary public, or the mayor or recorder of a city, a justice of the peace, surrogate, special surrogate, special county judge, or commissioner of deeds.
$ 249. Acknowledgments and proofs in other states. The acknowledgment or proof of a conveyance of real property, within the state, inay be made without the state, but within the United States, before either of the following officers acting within his jurisdiction, or of the court to which he belongs :
I. A judge of the supreme court, of the circuit court of appeals, of the circuit court, or of the district court of the United States.
2. A judge of the supreme, superior, or circuit court of the state.
3. A mayor of a city.
4. A commissioner appointed for the purpose by the governor of the state.
5. Any officer of a state, authorized by the laws :'.
take the acknowledgment or proof of deeds to be recorded therein. $249 a. added 1901 c.84
§ 250. Acknowledgments and proofs in foreign countries.- amv19o1 The acknowledgment and proof of a conveyance of real property C. 611 within the state, may be made without the United States before either of the following officers:
1. An ambassador, a minister plenipotentiary, minister extraordinary, minister resident, or chargé des affaires of the United States, residing and accredited within the country.
2. A consul-general, vice-consul-general, deputy consul-general, vice-consul or deputy-consul, a consular or vice-consular agent, or a consul or commercial or vice-commercial agent of the United States residing within the country.
3. A commissioner appointed for the purpose by the governor, and acting within his own jurisdiction.
4. A person specially authorized for that purpose by a commission, under the seal of the supreme court, issued to a reputable person, residing in or going to the country where the acknowledgment or proof is so to be taken.
5. If within the dominion of Canada, it may also be made before any judge of a court of record; or before any officer of such dominion authorized by the laws thereof to take the acknowledgment or proof of deeds to be recorded therein.
6. If within the United Kingdom of Great Britain and Ireland or the dominions thereunto belonging, it may also be made before the mayor, provost or other chief magistrate of a city or town therein.
7. All acts of ambassadors, ministers plenipotentiary, ministers extraordinary, minister resident or chargé des affaires of the United States government in taking the acknowledgment or proof of a conveyance of real property within the state, performed before the twelfth day of May, eighteen hundred and ninety-six, are hereby confirmed, provided that the certificate of acknowledgment or proof is in the form required by the laws of this state. (As amended by chap. 542 of 1899.)
$ 251. Acknowledgments and proofs by married women.The acknowledgment or proof of a conveyance of real property, within the state, or of any other written instrument, may be made by a married woman the same as if unmarried.
$ 252. Requisites of acknowledgments.-An acknowledgment must not be taken by any officer unless he knows or has satisfac