(a) (1) Except as provided in paragraph (2) of this subsection, the Administrator shall establish a surcharge of $20 for each type of recordable instrument to be recorded among the land records and the financing statement records. (2) For recordable instruments executed on or after July 1, 2011, the surcharge established under this subsection shall be $40 for each type of recordable instrument to be recorded among the land records and the financing statement records. (b) The surcharge shall be collected by the office of the clerk of the circuit court for each county. (c) The surcharge may not be charged: (1) To an entity that is exempt from the payment of fees under § 3- 603 of the Real Property Article; (2) For the recordation of a restrictive covenant modification executed under § 3-112 of the Real Property Article; or (3) For the recordation of an amendment to the common area deeds or other declarations of a homeowners association that deletes a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin in accordance with § 11B-113.3 of the Real Property Article. (d) Receipts from the surcharge shall be placed in the Fund and used by the Administrator for the purposes of the Fund.
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