Okla. Stat. tit. 68, § 68-1908
This is the official text of Okla. Stat. tit. 68, § 68-1908, part of Oklahoma’s Stat. tit. 68, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 68,." Browse the sections below, each linked to its official government source.
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Corporate mortgages - Further loans - Additional tax
Official statutory text
In the case of mortgages made by corporations in trust to secure
payments of bonds or obligations issued or to be issued thereafter,
if the total amount of principal indebtedness which under any
contingency may be advanced or accrued, or which may become secured
by any such mortgage which is subject to this article has not been
advanced or secured thereon or become secured thereby before such
mortgage is recorded, it may contain at the end thereof a statement
of the amount which at the time of the execution and delivery
thereof has been advanced or accrued thereon or which is then
secured by such mortgage; thereupon the tax payable on the recording
of the mortgage shall be computed on the basis of the amount so
stated to have been so advanced or accrued thereon, or which is
stated to be secured thereby. Such statement shall thereafter at
all times be binding upon and conclusive against the mortgagee, the
holders of any bonds or obligations secured by such mortgage and all
persons claiming through the mortgagee any interest in the mortgage
or in the mortgaged premises. Whenever a further amount is to be
advanced under the original mortgage, or shall accrue thereon or
become secured thereby, the corporation making such mortgage shall,
at or before the time when such amount is to be advanced, accrues or
becomes secured, file in the office of the county treasurer in the
county where such mortgage has been or is first recorded, a
statement, verified by the secretary, treasurer or other proper
Oklahoma Statutes - Title 68. Revenue and Taxation Page 708
officer of said corporation of the amount of principal indebtedness
to be so advanced, accruing or becoming secured, and the tax on such
amount shall become due and payable at the time of filing such
statement. Such additional tax shall be paid to the county
treasurer in the county where such mortgage has been or is first
recorded and a receipt therefor shall be noted in the margin of the
record of such mortgage and if requested a duplicate receipt for
such payment shall also be given to the party paying such tax and
the note of such payment or additional payment or such receipt shall
have the same force and effect as the record of receipt of the tax
which under this article is payable at or before the recording of
the mortgage. If such additional tax is not paid as required by this
section, the trust mortgagee shall not certify any bond or other
obligation issued on account thereof, and the district attorney of
the county in which such mortgage has been or is first recorded may
maintain an action against the corporation making such mortgage to
recover the amount of such tax, with interest at the rate of one
percent (1%) per month from the date when the same became due, and
upon recovering such tax and interest such district attorney shall
pay the same to the county treasurer of such county in satisfaction
of such tax. The corporation making such mortgage or the owner of
the property which secures the mortgage debt shall annually within
thirty (30) days after July 1st, until the maximum amount of
principal indebtedness secured by such mortgage has been advanced,
has accrued or become secured and the tax thereon paid, file in the
office of the county treasurer in the county where such mortgage has
been or is first recorded, a statement, verified by the secretary,
treasurer or other proper
officer of said corporation, of the total amount of principal
indebtedness that has been advanced or has accrued on such mortgage,
or has become secured thereby, prior to the first day of July
preceding the filing of such statement. A failure to file any
statement required by this section within the time required shall
subject the corporation making such mortgage to a penalty of One
Hundred Dollars ($100.00) per day for each day such failure
continues, recoverable by the district attorney of the county in
such mortgage,
or has become secured thereby, prior to the first day of July
preceding the filing of such statement. A failure to file any
statement required by this section within the time required shall
subject the corporation making such mortgage to a penalty of One
Hundred Dollars ($100.00) per day for each day such failure
continues, recoverable by the district attorney of the county in
which such mortgage has been or is first recorded. Provided,
however, that where a mortgage, or deed of trust, is executed to
secure the payment of bonds issued by any domestic railroad,
transportation, transmission or industrial corporation and the money
derived from the sale of said bonds so secured by said mortgage, or
deed of trust, is to be used for the creation, construction,
building, improving and erecting of property that will be subject to
an ad valorem tax in the county where same is situated, there shall
be paid a recording fee on said mortgage, or deed of trust, so
executed for recording said mortgage, or deed of trust, the sum of
twenty-five cents ($0.25) for first folio and ten cents ($0.10) for
Oklahoma Statutes - Title 68. Revenue and Taxation Page 709
each additional folio and fifty cents ($0.50) for indexing and
recorder's certificate instead of the fees designated in this
article, and on payment of same shall not be subject to the
penalties prescribed in this article.
payments of bonds or obligations issued or to be issued thereafter,
if the total amount of principal indebtedness which under any
contingency may be advanced or accrued, or which may become secured
by any such mortgage which is subject to this article has not been
advanced or secured thereon or become secured thereby before such
mortgage is recorded, it may contain at the end thereof a statement
of the amount which at the time of the execution and delivery
thereof has been advanced or accrued thereon or which is then
secured by such mortgage; thereupon the tax payable on the recording
of the mortgage shall be computed on the basis of the amount so
stated to have been so advanced or accrued thereon, or which is
stated to be secured thereby. Such statement shall thereafter at
all times be binding upon and conclusive against the mortgagee, the
holders of any bonds or obligations secured by such mortgage and all
persons claiming through the mortgagee any interest in the mortgage
or in the mortgaged premises. Whenever a further amount is to be
advanced under the original mortgage, or shall accrue thereon or
become secured thereby, the corporation making such mortgage shall,
at or before the time when such amount is to be advanced, accrues or
becomes secured, file in the office of the county treasurer in the
county where such mortgage has been or is first recorded, a
statement, verified by the secretary, treasurer or other proper
Oklahoma Statutes - Title 68. Revenue and Taxation Page 708
officer of said corporation of the amount of principal indebtedness
to be so advanced, accruing or becoming secured, and the tax on such
amount shall become due and payable at the time of filing such
statement. Such additional tax shall be paid to the county
treasurer in the county where such mortgage has been or is first
recorded and a receipt therefor shall be noted in the margin of the
record of such mortgage and if requested a duplicate receipt for
such payment shall also be given to the party paying such tax and
the note of such payment or additional payment or such receipt shall
have the same force and effect as the record of receipt of the tax
which under this article is payable at or before the recording of
the mortgage. If such additional tax is not paid as required by this
section, the trust mortgagee shall not certify any bond or other
obligation issued on account thereof, and the district attorney of
the county in which such mortgage has been or is first recorded may
maintain an action against the corporation making such mortgage to
recover the amount of such tax, with interest at the rate of one
percent (1%) per month from the date when the same became due, and
upon recovering such tax and interest such district attorney shall
pay the same to the county treasurer of such county in satisfaction
of such tax. The corporation making such mortgage or the owner of
the property which secures the mortgage debt shall annually within
thirty (30) days after July 1st, until the maximum amount of
principal indebtedness secured by such mortgage has been advanced,
has accrued or become secured and the tax thereon paid, file in the
office of the county treasurer in the county where such mortgage has
been or is first recorded, a statement, verified by the secretary,
treasurer or other proper
officer of said corporation, of the total amount of principal
indebtedness that has been advanced or has accrued on such mortgage,
or has become secured thereby, prior to the first day of July
preceding the filing of such statement. A failure to file any
statement required by this section within the time required shall
subject the corporation making such mortgage to a penalty of One
Hundred Dollars ($100.00) per day for each day such failure
continues, recoverable by the district attorney of the county in
such mortgage,
or has become secured thereby, prior to the first day of July
preceding the filing of such statement. A failure to file any
statement required by this section within the time required shall
subject the corporation making such mortgage to a penalty of One
Hundred Dollars ($100.00) per day for each day such failure
continues, recoverable by the district attorney of the county in
which such mortgage has been or is first recorded. Provided,
however, that where a mortgage, or deed of trust, is executed to
secure the payment of bonds issued by any domestic railroad,
transportation, transmission or industrial corporation and the money
derived from the sale of said bonds so secured by said mortgage, or
deed of trust, is to be used for the creation, construction,
building, improving and erecting of property that will be subject to
an ad valorem tax in the county where same is situated, there shall
be paid a recording fee on said mortgage, or deed of trust, so
executed for recording said mortgage, or deed of trust, the sum of
twenty-five cents ($0.25) for first folio and ten cents ($0.10) for
Oklahoma Statutes - Title 68. Revenue and Taxation Page 709
each additional folio and fifty cents ($0.50) for indexing and
recorder's certificate instead of the fees designated in this
article, and on payment of same shall not be subject to the
penalties prescribed in this article.
Status: in_force · Read it on the official government site
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