North Dakota Code § 35-27-04

When lien attaches - Exception - Filing
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As against a mortgage given in good faith for the purpose of providing funds for the 
payment of materials or labor for the improvement, a lien may not be preferred even though 
such mortgage is recorded after the time the first item of material or labor is furnished upon the 
premises, or after the actual visible beginning of the improvement unless the person furnishing 
such labor, skill, or material for such improvement, before the recording of such mortgage, files 
for record a construction lien.

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