Common use of ELECTRONIC RECORDING Clause in Contracts

ELECTRONIC RECORDING. For purposes of this Memorandum of Understanding, Electronic Recording is defined based on the level of automation and structure of the transaction. (See Attachment A for Accepted Levels for Electronic Recording currently supported). The three levels of automation are as follows: Level 1: Submitting organizations transmit scanned image original of ink signed documents to the county. The county completes the recording process in the same way as paper using the imaged copy as the source document. An electronic recording endorsement is returned to the organization in the form of a label or printing process in order for the submitting organization to append that information to the original paper document. Level 2: Submitting organizations transmit scanned images of ink signed documents along with electronic indexing information to the county. The county performs an electronic examination of the imaged documents and indexing data, and then completes the recording process using the imaged copy and electronic indexing information. The electronic version of the recorded document is returned electronically to the submitting organization along with the electronic recording data. Level 3: Submitting organizations transmit documents which have been created, signed and notarized electronically along with the electronic indexing information or a Smart documents which are a single object containing the electronic version of the document in such a way that enables the electronic extraction of data from the object. Smart documents are required to be signed and notarized electronically. Electronic signatures must comply with the Uniform Electronic Transaction Act (UETA), K.S.A. 16-1601, et seq. The county performs an electronic examination of the electronic documents and indexing information then completes the recording process using the electronic documents. The Electronic version of the recorded document and electronic recording data is returned and Smart documents are made available to the submitting organization.