NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 280
HOUSE BILL 491

AN ACT RELATING TO THE ADOPTION OF A STANDARD FORM OF AGRICULTURAL LIEN AND FIXING THE FEES FOR RECORDING SAME IN BEAUFORT COUNTY.

The General Assembly of North Carolina do enact:

Section 1. There is hereby adopted for Beaufort County a standard form of agriculture lien which shall read as follows:
"WHEREAS, ___________________________, has agreed, at its option and at such times and in such amounts as it deems proper, to make advances to the undersigned (whether one or more) for the purpose of enabling us to cultivate the lands hereinafter described during the year 19____, the total amount of said advances not to exceed $______________, all of the same to be due and payable on the ______________day of _______________, 19____, with interest on the unpaid balance at 6% per annum from the above date until paid:
"NOW THEREFORE: To secure the payment of said advances, we do hereby convey to _____________________________ all the crops of every description which may be raised during the year 19_______ on the following described lands in ____________________ Township, ______________ County, North Carolina, to wit: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________containing _________ acres, more or less, in cultivation and owned in fee simple by ____________________________________________________________________________________________________________________________________________.
Said crops shall consist of not less than _______ acres in tobacco, _______ acres in corn, _______ acres in soybeans, _______ acres in cotton, ______ acres in Irish potatoes, _______ acres in ______________, and ______acres in _______________.
"To further secure the payment of said advances, we do also sell, convey, and alien to ____________________________ the following articles of personal property, all of which is owned by us, to wit:
______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
including all tobacco sticks of _____________ thousands; and, any and all increase to the above described livestock.
"We do further assign to _______________________, to the full extent of the advances secured by this lien, all insurance policies carried by or for us on the above described crops or property insuring the same against loss, damage, or destruction by fire, wind, weather conditions or other cause.
"PROVIDED: If the advances and debt here secured are paid by the due date mentioned above, this instrument shall be null and void; otherwise, said _______________________ may seize said crops and personal property and sell the same, foreclosing this lien in the manner provided by statute, and apply the proceeds from such sale to the payment of the costs and expenses of such foreclosure and sale, and to the discharge of the debt and interest secured by this lien, and pay any remaining surplus to the undersigned.
"It is agreed that in the event a foreclosure sale becomes necessary, the ________________________ may sell any tobacco on the open auction market without prior advertisement and such sale shall be deemed to be in full compliance with all statutory requirements.
"WITNESS our hands and seals, this __________ day of __________________, 19_____.
	_______________________________(SEAL)
Witness:
	_______________________________(SEAL)
	
	_______________________________(SEAL)
	_______________________________(SEAL)
WAIVER OF LANDLORD LIEN
"The undersigned, as owner of the lands described in the foregoing instrument, in consideration of the advances to be made to our tenant, do hereby release and waive our landlord's lien on the crops described in said instrument to the extent of the advances made by ________________________ as above provided.
"WITNESS our hands and seals, this ________ day of _____________, 19_____.
	_______________________________(SEAL)
	_______________________________(SEAL)
Witness:
_____________________________
"STATE OF NORTH CAROLINA, ________________________________ COUNTY.
I, __________________________, a Notary Public, of 	______________County, North Carolina, do certify that _____________________________personally appeared before me this day, and being duly sworn stated that in________________________ presence ________________________ signed the foregoing instrument.
WITNESS my hand and official seal this the _________ day of _____________________, 19____.
		
	Notary Public
My Commission expires ___________________________.
"STATE OF NORTH CAROLINA, ________________________________COUNTY.
	___________________________, 19____.
The execution of the foregoing instrument was this day acknowledged before me by _____________________ the lienor for the purposes therein expressed and also by ________________________.
		
	Notary Public
My Commission expires ___________________________.
"STATE OF NORTH CAROLINA, ________________________________COUNTY.
	___________________________, 19____.
The foregoing certificate of ___________________ County is adjudged to be correct. Let the instrument with the certificate be registered.
This ________ day of ______________, 19____.
		"
	Clerk Superior Court
Sec. 2. The recording fee for the lien herein set out in Section 1 shall be seventy‑five cents (75¢) for each lien recorded and twenty‑five cents (25¢) for the clerk's fee.
Any change in the wording phraseology or increased space other than that set out in Section 1 herein shall be recorded by the Register of Deeds of Beaufort County at the same rate of fees as is now prescribed for the registration of deeds, and deeds of trust.
Sec. 3. Registration fees heretofore collected for the registration of this form of crop lien, by the Register of Deeds of Beaufort County, are hereby validated.
Sec. 4. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 5. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 23rd day of April, 1963.