Lincoln County Mortgage Security Agreement and Promissory Note Form (South Dakota)

All Lincoln County specific forms and documents listed below are included in your immediate download package:

Mortgage Form

Lincoln County Mortgage Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Lincoln County compliant document last validated/updated 5/10/2024

Mortgage Guidelines

Lincoln County Mortgage Guidelines

Line by line guide explaining every blank on the form.
Included Lincoln County compliant document last validated/updated 7/9/2024

Completed Example of the Mortgage Document

Lincoln County Completed Example of the Mortgage Document

Example of a properly completed form for reference.
Included Lincoln County compliant document last validated/updated 6/4/2024

Promissory Note Form

Lincoln County Promissory Note Form

Note that is secured by the Mortgage Agreement.
Included Lincoln County compliant document last validated/updated 5/8/2024

Promissory Note Guidelines

Lincoln County Promissory Note Guidelines

Line by line guide explaining every blank on the form.
Included Lincoln County compliant document last validated/updated 5/10/2024

Completed Example of the Promissory Note Document

Lincoln County Completed Example of the Promissory Note Document

Example of a properly completed form for reference.
Included Lincoln County compliant document last validated/updated 6/24/2024

Annual Accounting Statement Form

Lincoln County Annual Accounting Statement Form

Mail to borrower for fiscal year reporting.
Included Lincoln County compliant document last validated/updated 3/27/2024

The following South Dakota and Lincoln County supplemental forms are included as a courtesy with your order:

When using these Mortgage Security Agreement and Promissory Note forms, the subject real estate must be physically located in Lincoln County. The executed documents should then be recorded in the following office:

Lincoln County Register of Deeds

104 N Main St, Suite 130, Canton, South Dakota 57013-1703

Hours: 8:00am-5:00pm M-F

Phone: (605) 764-5661

Local jurisdictions located in Lincoln County include:

  • Canton
  • Fairview
  • Harrisburg
  • Hudson
  • Lennox
  • Sioux Falls
  • Tea
  • Worthing

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Lincoln County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Lincoln County using our eRecording service.
Are these forms guaranteed to be recordable in Lincoln County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Lincoln County including margin requirements, content requirements, font and font size requirements.

Can the Mortgage Security Agreement and Promissory Note forms be re-used?

Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Lincoln County that you need to transfer you would only need to order our forms once for all of your properties in Lincoln County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by South Dakota or Lincoln County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.

What type of files are the forms?

All of our Lincoln County Mortgage Security Agreement and Promissory Note forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.

Do I need any special software to use these forms?

You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.

Do I have to enter all of my property information online?

No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.

Can I save the completed form, email it to someone?

Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

This is a recordable mortgage that serves (as notice to all subsequent purchasers and encumbrancers.) (44-8-10) Included is a Power of Sale clause, considered more favorable to lenders because it uses a non-judicial foreclosure, saving time and expense. [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.] [44-8-3]

This mortgage contains a (due-on-sale clause) which (is a provision of a real estate mortgage which requires that the note secured by the mortgage be paid at the time the property is transferred and no assumption of the original note is permitted.) (44-8-27). This is done because [No lender may enforce a due-on-sale clause unless the real estate mortgage includes such clause.] [44-8-28]

44-8-21. Mortgage securing note for purchase price of real estate--No negotiability--Enforcement of liability--Endorsement of note. In all cases where a note given by the purchaser and grantee of real estate to the vendor and grantor thereof to secure payment of all or any part of the purchase price is secured by a mortgage on such real estate, such note shall bear an endorsement upon its face to the effect that it is given for such purpose, and thereafter the same shall not be negotiable, nor shall any liability of any kind be enforced upon it either by action at law, or by set-off, or counterclaim, or otherwise, excepting by foreclosure of the mortgage. The rights of any party to said note, or of any assignee, or purchaser thereof, shall not be affected by the absence of such endorsement but shall be the same as though such note had been properly endorsed. Nothing herein contained shall apply to such note given prior to July 1, 1933.

44-8-22. Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.

Nothing contained in 44-8-20 or 44-8-21 shall affect the rights of a payee or other owner of a note given in payment of all or part of the purchase price of real estate unless such note is secured by a real estate mortgage.

A mortgage and promissory note secured, including stringent default terms can be beneficial to the lender. Use these forms for residential, commercial, rental property, condominiums, vacant land and planned unit developments.

(South Dakota Mortgage Package includes forms, guidelines, and completed examples) For use in South Dakota only.

Our Promise

The documents you receive here will meet, or exceed, the Lincoln County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Lincoln County Mortgage Security Agreement and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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