If the owner of the lease shall, within the thirty - day period provided by the notice pursuant to § 45-7-4 , commence an action against the owner of said land or mineral rights to determine all rights under said lease and file for record a notice of pendency of said action, then the said affidavit shall not be recorded, but the register of deeds shall notify the owner of the land or mineral rights of the action of the lease owner.
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