North Dakota Code § 35-03-09

Defeasance must be recorded - Effect of failure to record
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When a grant of real property purports to be an absolute conveyance but is intended to be 
defeasible on the performance of certain conditions, the grant is not defeated or affected as 
against subsequent purchasers or encumbrancers in good faith and for value, unless an 
instrument of defeasance duly executed and acknowledged is recorded in the office of the 
recorder of the county where the property is situated.

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