45-72. Termination of future optional advances.
(a) The holder of a security instrument conforming to the provisions of this Article shall, at the request of the maker of the security instrument or his successor in title promptly furnish to him a statement duly executed and acknowledged in such form as to meet the requirements for the execution and acknowledgment of deeds, setting forth in substance the following:
This __________ day of ______________________ , 19_________ .
(Signature and Acknowledgment)"
(b) Such statement, when duly executed and acknowledged, shall be entitled to probate and registration, and upon filing for registration shall be effective from the date of the statement. It shall have the effect of limiting the lien or encumbrance of the holder of the security instrument to the amount therein stated, plus any necessary advances made to preserve the security, and interest on the unpaid principal. It shall bar any further advances under the security instrument therein referred to except such as may be necessary to preserve the security then held as provided in G.S. 45-70(c). (1969, c. 736, s. 1; 1989, c. 496, s. 4; 1999-456, s. 59.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 45 - Mortgages and Deeds of Trust
Article 7 - Instruments to Secure Future Advances and Future Obligations.
§ 45-69 - Fluctuation of obligations within maximum amount.
§ 45-70 - Priority of security instrument.
§ 45-71 - Satisfaction of the security instrument.
§ 45-72 - Termination of future optional advances.
§ 45-73 - Cancellation of record; presentation of notes described in security instrument sufficient.