South Dakota Codified Laws 44-8-3. Standard form of real estate mortgage
The standard form of real estate mortgages is as follows:
MORTGAGE
Terms Used In South Dakota Codified Laws 44-8-3
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Statute: A law passed by a legislature.
This mortgage, made this ________ day of ________ in the year 20____, by ________ of ________ county and state of ________ mortgagor, to ________ of ________ P. O., county of ________ and state of ________, mortgagee:
Witnesseth, that said mortgagor –– hereby mortgage –– to said mortgagee ________ the following described premises situated in the county of ________ and State of South Dakota, to wit:
_________________________________________________________________________
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as security for the payment to said mortgagee –– at ________ of the principal sum of ________ dollars and interest thereon at ________ percent per annum from date, according to ________ certain promissory note –– bearing even date herewith, due ________ 20____.
Said mortgagor –– further agree –– to pay all taxes and assessments that may be levied upon said premises, before the same shall become delinquent (and to keep the buildings, if any, upon said premises safely insured for the benefit of said mortgagee –– in the sum of ________ dollars against loss by fire ________ and deliver the insurance policies to said mortgagee).
In case of the mortgagor’s failure to pay said taxes or assessments before the same become delinquent or to pay insurance premiums for insurance on said buildings, said mortgagee –– or assignee may do so and the amounts so paid, with interest at ________ percent, from date of payment, shall be added to and deemed a part of the money secured by this mortgage. Said mortgagor –– hereby relinquish –– rights of homestead in said premises and warrant that –– he ________ the owner –– in fee of said premises, and that the same are free from all encumbrances.
In case of default in the payment of said principal sum of money or any part thereof, or interest thereon at the time or times above specified for payment thereof, or in case of nonpayment of any taxes, assessments, or insurance as aforesaid, or of breach of any covenant or agreement herein contained, then and in either case, the whole, principal and interest, of said note –– shall at the option of the holder thereof, immediately become due and payable, and this mortgage may be foreclosed by action, or by advertisement as provided by statute or the rules of practice relating thereto, and this paragraph shall be deemed as authorizing and constituting a power of sale as mentioned in said statutes or rules, and any amendatory thereof.
(Signature) _____________________________
(Acknowledgment)
Source: SL 1911, ch 257, § 3; RC 1919, § 1566; SDC 1939, § 39.0301.