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SF 4419

as introduced - 92nd Legislature (2021 - 2022) Posted on 09/07/2022 09:34am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to real property; modifying and updating certain recording and title
provisions; making clarifying and technical changes; repealing obsolete provisions;
amending Minnesota Statutes 2020, sections 336.9-601; 508.52; 518.191,
subdivisions 1, 3; 550.365, subdivision 2; 559.209; 582.039, subdivision 2; 583.25;
583.26, subdivision 2; 600.23; repealing Minnesota Statutes 2020, sections 346.02;
507.07; 582.14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 336.9-601, is amended to read:


336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
INTANGIBLES, OR PROMISSORY NOTES.

(a) Rights of secured party after default. After default, a secured party has the rights
provided in this part and, except as otherwise provided in section 336.9-602, those provided
by agreement of the parties. A secured party:

(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and

(2) if the collateral is documents, may proceed either as to the documents or as to the
goods they cover.

(b) Rights and duties of secured party in possession or control. A secured party in
possession of collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.

(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and
(b) are cumulative and may be exercised simultaneously.

(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and
section 336.9-605, after default, a debtor and an obligor have the rights provided in this part
and by agreement of the parties.

(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment,
the lien of any levy that may be made upon the collateral by virtue of an execution based
upon the judgment relates back to the earliest of:

(1) the date of perfection of the security interest or agricultural lien in the collateral;

(2) the date of filing a financing statement covering the collateral; or

(3) any date specified in a statute under which the agricultural lien was created.

(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
or agricultural lien by judicial procedure within the meaning of this section. A secured party
may purchase at the sale and thereafter hold the collateral free of any other requirements
of this article.

(g) Consignor or buyer of certain rights to payment. Except as otherwise provided
in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor
or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.

(h) Security interest in collateral that is agricultural property; enforcement. A
person may not begin to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided
in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served
on the debtor after a condition of default has occurred in the security agreement and a copy
served on the director of the deleted text begin agriculturaldeleted text end new text begin Minnesotanew text end extension service; and the debtor and
creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed
under sections 583.20 to 583.32.

(i) Mediation notice. A mediation notice under subsection (h) must contain the following
notice with the blanks properly filled in.

"TO: ...(Name of Debtor)...

YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural
Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of
Debt)...

AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A
COURT JUDGMENT AGAINST THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO
PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN
MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE
deleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICE
new text end .

FROM: ...(Name and Address of Secured Party)..."

Sec. 2.

Minnesota Statutes 2020, section 508.52, is amended to read:


508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW
CERTIFICATE.

An owner of registered land who desires to convey the land, or a portion thereof, in fee,
shall execute a deed of conveyance, and record the deed with the registrar. The deed of
conveyance shall be recorded and endorsed with the number and place of registration of
the certificate of title. Before canceling the outstanding certificate of title the registrar shall
show by memorial thereon the registration of the deed on the basis of which it is canceled.
The encumbrances, claims, or interests adverse to the title of the registered owner shall be
stated upon the new certificate, except so far as they may be simultaneously released or
discharged. The registrar shall not carry forward as a memorial on the new certificate of
title any memorials of a transfer on death deed if the grantors of the transfer on death deed
retain no fee interest in the land covered by the new certificate. The certificate of title shall
be marked "Canceled" by the registrar, who shall enter in the register a new certificate of
title to the grantee and prepare deleted text begin and deliver to the granteedeleted text end a deleted text begin copy of thedeleted text end new certificate of
title.new text begin The registrar, upon request, shall deliver to the grantee a copy of the new certificate
of title.
new text end If a deed in fee is for a portion of the land described in a certificate of title, the
memorial of the deed entered by the registrar shall include the legal description contained
in the deed and the registrar shall enter a new certificate of title to the grantee for the portion
of the land conveyed and, except as otherwise provided in this section, issue a residue
certificate of title to the grantor for the portion of the land not conveyed. The registrar shall
prepare andnew text begin , upon request,new text end deliver to each of the parties a copy of their respective certificates
of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate
to the grantor for the portion of the land not conveyed, the registrar may if the grantor's
deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary
by the registered owner, mark by the land description on the certificate of title "Part of land
conveyed, see memorials." The fee for a residue certificate of title shall be paid to the
registrar only when the grantor's certificate of title is canceled after the conveyance by the
grantor of a portion of the land described in the grantor's certificate of title. When two or
more successive conveyances of the same property are filed for registration on the same
day the registrar may enter a certificate in favor of the grantee or grantees in the last of the
successive conveyances, and the memorial of the previous deed or deeds entered on the
prior certificate of title shall have the same force and effect as though the prior certificate
of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in
the successive conveyances. The fees for the registration of the earlier deed or deeds shall
be the same as the fees prescribed for the entry of memorials. The registrar of titles, with
the consent of the transferee, may mark "See memorials for new owner(s)" by the names
of the registered owners on the certificate of title and also add to the memorial of the
transferring conveyance a statement that the memorial shall serve in lieu of a new certificate
of title in favor of the grantee or grantees therein noted and may refrain from canceling the
certificate of title until the time it is canceled by a subsequent transfer, and the memorial
showing such transfer of title shall have the same effect as the entry of a new certificate of
title for the land described in the certificate of title; the fee for the registration of a conveyance
without cancellation of the certificate of title shall be the same as the fee prescribed for the
entry of a memorial.

Sec. 3.

Minnesota Statutes 2020, section 518.191, subdivision 1, is amended to read:


Subdivision 1.

Abbreviated judgment and decree.

If real estate is described in a
judgment and decree of dissolution, the court deleted text begin maydeleted text end new text begin shall new text end direct either of the parties or their
legal counsel to prepare and submit to the court a proposed summary real estate disposition
judgment. Upon approval by the court and filing of the summary real estate disposition
judgment with the court administrator, the court administrator shall provide to any party
upon request certified copies of the summary real estate disposition judgment.

Sec. 4.

Minnesota Statutes 2020, section 518.191, subdivision 3, is amended to read:


Subd. 3.

Court order.

An order or provision in a judgment and decree that provides
that the judgment and decree must be recorded in the office of the county recorder or filed
in the office of the registrar of titles means, if a summary real estate disposition judgment
has been approved by the court, that the summary real estate disposition judgment, rather
than the judgment and decree, must be recorded in the office of the county recorder or filed
in the office of the registrar of titles.new text begin The recorder or registrar of titles is not responsible for
determining if a summary real estate disposition judgment has been approved by the court.
new text end

Sec. 5.

Minnesota Statutes 2020, section 550.365, subdivision 2, is amended to read:


Subd. 2.

Contents.

A mediation notice must contain the following notice with the blanks
properly filled in.

"TO: ....(Name of Judgment Debtor)....

A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON
....(Date of Judgment).

AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO
TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED
AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE
AMOUNT OF ....(Amount of Debt)....

YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICE
deleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICE
new text end .

FROM: ....(Name and Address of Judgment Creditor)...."

Sec. 6.

Minnesota Statutes 2020, section 559.209, is amended to read:


559.209 MEDIATION NOTICE AND CONDITIONS FOR AGRICULTURAL
PROPERTY.

Subdivision 1.

Requirement.

A person may not begin to terminate a contract for deed
under section 559.21 to purchase agricultural property subject to sections 583.20 to 583.32
for a remaining balance on the contract of more than the amount provided in section 583.24,
subdivision 5
, unless: (1) a mediation notice is served on the contract for deed purchaser
after a default has occurred under the contract and a copy served on the director and the
contract for deed vendor and purchaser have completed mediation under sections 583.20
to 583.32; or (2) as otherwise allowed under sections 583.20 to 583.32.

Subd. 2.

Contents.

A mediation notice must contain the following notice with the blanks
properly filled in.

"TO: ....(Name of Contract for Deed Purchaser)....

YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS
....(Amount of Debt)....

AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.

YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS
IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM
IS AVAILABLE deleted text begin AT ANY COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE DIRECTOR
OF THE MINNESOTA EXTENSION SERVICE
new text end .

FROM: ....(Name and Address of Contract for Deed Vendor)...."

Sec. 7.

Minnesota Statutes 2020, section 582.039, subdivision 2, is amended to read:


Subd. 2.

Contents.

A mediation notice must contain the following notice with the blanks
properly filled in.

"TO: ....(Name of Record Owner)....

YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description).
THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount
of Debt)....

AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS
TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.

YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL
BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.

IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.

TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
deleted text begin AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICE
new text end .

FROM: ....(Name and Address of Holder of Mortgage)...."

Sec. 8.

Minnesota Statutes 2020, section 583.25, is amended to read:


583.25 VOLUNTARY MEDIATION PROCEEDINGS.

A debtor that owns agricultural property or a creditor of the debtor may request mediation
of the indebtedness by a farm mediator by applying to the director. The director shall deleted text begin makedeleted text end new text begin
provide
new text end voluntary mediation application forms deleted text begin available at the county recorder's and county
extension office in each county
deleted text end new text begin when requestednew text end . The director must evaluate each request
and may direct a mediator to meet with the debtor and creditor to assist in mediation.

Sec. 9.

Minnesota Statutes 2020, section 583.26, subdivision 2, is amended to read:


Subd. 2.

Mediation request.

(a) A debtor must file a mediation request form with the
director by 14 days after receiving a mediation notice. The debtor must state all known
creditors with debts secured for agricultural property and must authorize the director to
obtain the debtor's credit report from one or more credit reporting agencies. The mediation
request form must include an instruction that the debtor must state all known creditors with
debts secured by agricultural property and unsecured creditors that are necessary for the
farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors
are necessary for the farm operation but the mediation request form must notify the debtor
that omission of a significant unsecured creditor could result in a bad-faith determination
pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation
request must state the date that the notice was served on the debtor. The director shall deleted text begin makedeleted text end new text begin
provide
new text end mediation request forms deleted text begin available in the county recorder's and county extension
office of each county
deleted text end new text begin when requestednew text end .

(b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a
debtor who fails to file a timely mediation request waives the right to mediation for that
debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who
served the mediation notice stating that the creditor may proceed against the agricultural
property because the debtor has failed to file a mediation request.

(c) If a debtor has not received a mediation notice and is subject to a proceeding of a
creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections
336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property
under section 559.21, or garnishing, levying on, executing on, seizing, or attaching
agricultural property, the debtor may file a mediation request with the director. The mediation
request form must indicate that the debtor has not received a mediation notice.

Sec. 10.

Minnesota Statutes 2020, section 600.23, is amended to read:


600.23 RECORDERS deleted text begin AND COURT ADMINISTRATORSdeleted text end .

Subdivision 1.

Deposit of papers.

Every county recorder, upon being paid the legal fees
therefor, deleted text begin shalldeleted text end new text begin maynew text end receive and deposit in the office any instruments or papers which deleted text begin shall
be
deleted text end new text begin arenew text end offered for that purpose and, if deleted text begin requireddeleted text end new text begin requestednew text end , shall give to the person depositing
the same a receipt therefor.

Subd. 2.

Endorsed and filed.

new text begin Any new text end such instruments or papersnew text begin so receivednew text end shall be filed
by the officer receiving the same, and so endorsed as to indicate their general nature, the
names of the parties thereto, and time when received, and shall be deposited and kept by
the officer and successors in office in the same manner as the officer's official papers, but
in a place separate therefrom.

Subd. 3.

Withdrawal.

Papers and instruments so deposited shall not be made public or
withdrawn from the office except upon the written order of the person depositing the same,
or the person's executors or administrators, or on the order of some court for the purpose
of being read in the court, and then to be returned to the office.

new text begin Subd. 3a. new text end

new text begin Retention and disposal. new text end

new text begin Papers and instruments deposited for safekeeping
shall be retained, at a minimum, until the earlier of:
new text end

new text begin (1) the county recorder learns of the depositor's death, at which time the county recorder
may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument
to the depositor's executors or administrators; or
new text end

new text begin (2) 20 years following the deposit of the paper or instrument, at which time the county
recorder shall deliver the paper or instrument directly to the Minnesota Historical Society
for review and disposition. If not accepted by the Minnesota Historical Society, the county
recorder may destroy the paper or instrument.
new text end

Subd. 4.

Certificate that instrument cannot be found.

The certificate of any officer
to whom the legal custody of any instrument belongs, stating that the officer has made
diligent search for such instrument and that it cannot be found, shall be prima facie evidence
of the fact so certified to in all cases, matters, and proceedings.

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 346.02; 507.07; and 582.14, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-07482

346.02 FINDER TO GIVE NOTICE; PENALTY.

A person who finds an estray and knows who owns it shall notify the owner within seven days after finding the estray and request the owner to pay all reasonable charges and take such estray away. A finder who does not know who owns the estray shall within ten days file a notice with the town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the same in a book designated "estray book." The finder shall give posted notice of the finding of the estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, as nearly as practicable, naming the residence of the finder, and specifying the town, section, and time when taken up. For failure to give such notice, the finder shall be liable to the owner of the estray in double the amount of damages sustained by the owner thereby.

507.07 WARRANTY AND QUITCLAIM DEEDS; FORMS.

Warranty and quitclaim deeds may be substantially in the following forms:

WARRANTY DEED

A.B., grantor, of (here insert the place of residence), for and in consideration of (here insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place of residence), the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).

Dated this ............... day of ................, .......

(Signature) ...................................

Every such instrument, duly executed as required by law, shall be a conveyance in fee simple of the premises described to the grantee, the grantee's heirs and assigns, with covenants on the part of the grantor, the grantor's heirs and personal representatives, that the grantor is lawfully seized of the premises in fee simple and has good right to convey the same; that the premises are free from all encumbrances; that the grantor warrants to the grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that the grantor will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal representatives, as fully and with like effect as if written at length in such deed.

QUITCLAIM DEED

A.B., grantor, of (here insert the place of residence), for the consideration of (here insert the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of residence), all interest in the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).

Dated this ............... day of ................, .......

(Signature) ...................................

Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after acquired title, unless words expressing such intention be added.

582.14 LIMITATION ON OLD FORECLOSURE ACTIONS.

No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall have filed in the office of the county recorder of the county in which is located the real estate covered thereby, a notice setting forth the name of the claimant, a description of said real estate and of said mortgage including the volume and page at which it is of record and a statement of the amount claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis pendens, and, so discharged, shall, together with all information included therein, cease to constitute either actual or constructive notice.