REPRESENTATIVES Faber, Cates, Schaffer, Seitz, G. Smith, Kearns, Willamowski, Grendell

To amend sections 317.113, 323.43, 1337.01, 1337.06,

1

1337.091, 1337.10, 5301.01, 5301.04, 5301.08,

2

5301.251, 5301.255, 5301.28, 5301.31, 5301.32,

3

5301.33, 5301.331, 5301.34, 5301.35, 5302.05,

4

5302.07, 5302.09, 5302.11, 5302.12, 5302.17,

5

5302.22, 5309.05, 5309.10, 5309.30, 5309.51,

6

5309.75, and 5311.05 and to repeal section 5301.234

7

of the Revised Code to eliminate the requirement

8

that deeds, mortgages, land contracts, leases and

9

memoranda of leases of real property, memoranda of

10

trust, certain powers of attorney, and other

11

recordable instruments and transactions pertaining

12

to real property be signed and attested to in the

13

presence of witnesses.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 317.113, 323.43, 1337.01, 1337.06,	15
1337.091, 1337.10, 5301.01, 5301.04, 5301.08, 5301.251, 5301.255,	16
5301.28, 5301.31, 5301.32, 5301.33, 5301.331, 5301.34, 5301.35,	17
5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17, 5302.22,	18
5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05 of the	19
Revised Code be amended to read as follows:	20

Sec. 317.113.  The county recorder shall not accept for	21
recording a deed or other instrument in writing that is executed	22
or certified in whole or in part in a language other than the	23
English language unless it complies with the requirements of	24
sections 317.11, 317.111, and 317.112 of the Revised Code and is	25
accompanied by a complete English translation certified as	26
provided in this section. The translator of the deed or other	27
instrument in writing shall certify that the translation is	28
accurate and that the translator is competent to perform the	29
translation. The translator shall sign and acknowledge the	30
translation of the deed or other instrument in writing in the	31
presence of two witnesses, who shall attest the translator's	32
signature and subscribe their names to the attestation. The	33
translator shall sign and acknowledge the translation before a	34
judge of a court of record in this state, a clerk of a court of	35
record in this state, a county auditor, a county engineer, or a	36
notary public.	37

A certificate of the translator that is substantially in the	38
following form satisfies the requirements of this section:	39

"CERTIFICATE OF TRANSLATOR

40

The undersigned, .........................., hereby certifies	41
that the document attached to this certificate and made a part of	42
this certificate has been translated into English by the	43
undersigned; that the translation is accurate; and that the	44
undersigned is competent to perform the translation.	45

Signed and Acknowledged in the Presence of:

46

The foregoing certificate of translator has been acknowledged	54
before me this ..... day of .........., ......	55

This section does not apply to a deed or other instrument in	58
writing executed or certified prior to August 20, 1996.	59

Sec. 323.43.  Each person owning lands may authorize or	60
consent to the payment by another of the taxes levied upon such	61
those lands or the surface owner of lands may pay the taxes levied	62
upon coal under saidthe land if saidthe taxes are delinquent,	63
without consent of the owner of the coal. A person paying such	64
those taxes shall first obtain from the owner of suchthe lands,	65
except in the case of coal, a certificate of authority to pay	66
them,that is signed in the presence of two witnesses, and	67
acknowledged before an officer authorized to administer oaths.	68
SuchThe certificate shall contain an accurate description of the	69
property as shown by the tax duplicate, the amount of the taxes	70
levied thereonon the property, the year for which they were	71
levied, the name of the person authorized to pay them, and the	72
date of the payment thereofof the taxes.	73

WhereIf the tax on coal has been paid by the surface owner,	74
the certificate shall contain an accurate description of the	75
property as shown by the tax duplicate, the amount of the taxes	76
levied thereonon the coal, the year for which they were levied,	77
and the date of the payment thereofof the taxes.	78

The person paying suchthose taxes shall file suchthe	79
certificate in the office of the county recorder for record within	80
ten days from the date of the payment thereofof the taxes. When	81
the certificate has been filed, the amount thereofof the tax,	82
with interest at eight per cent per annum from the date of the	83
payment of suchthe tax, shall become a lien upon such real estate	84
in preference to all liens thereafter attaching to the property,	85
and in preference to all pre-existing liens the holders of which	86
have executed and acknowledged suchthat certificate of authority.	87
The money paid, with the interest thereon, may be recovered from	88
the person legally liable for the payment of the tax. SuchAn	89
action may be brought by the person paying the tax at any time	90
after the expiration of one year from the date of the payment	91
thereof. WhenIf the surface owner has paid taxes on coal under	92
this section he, the surface owner may bring an action in	93
foreclosure in the same manner provided by law for the foreclosure	94
of mortgages on land. SuchThe surface owner shall have the option	95
after judgment in the foreclosure action to purchase the coal at	96
the appraised amount or to have the coal sold at public sale in	97
accordance with law. The certificate filed with the recorder	98
shall be recorded and canceled in the same manner as mortgages on	99
real estate in a book separately kept and indexed by himthe	100
recorder for that purpose, and the recorder shall receive the fees	101
prescribed by law for recording real estate mortgages.	102

Sec. 1337.01.  A power of attorney for the conveyance,	103
mortgage, or lease of any interest in real property mustshall be	104
signed, attested, acknowledged, and certified as provided in	105
section 5301.01 of the Revised Code.	106

Sec. 1337.06.  A power of attorney for the transfer of	107
personal property or the transaction of business relating thereto	108
to the transfer of personal property, in order to be admitted to	109
record as provided in section 1337.07 of the Revised Code, must	110
shall be signed, witnessed, and acknowledged in the same manner as	111
deeds and mortgages under section 5301.01 of the Revised Code.	112
When so executed, acknowledged, and recorded, a copy of the record	113
thereof, certified by the county recorder, with histhe recorder's	114
official seal affixed theretoto it, shall be received in all	115
courts and places within this state as prima-facie evidence of the	116
existence of suchthat instrument and as conclusive evidence of	117
the existence of suchthat record.	118

Sec. 1337.091.  (A) The death or adjudged incompetency of	119
any principal who has executed a power of attorney in writing does	120
not revoke the power and authority of the attorney in fact who,	121
without actual knowledge of the death or adjudged incompetency of	122
the principal, acts in good faith under the power of attorney. Any	123
action so taken, unless otherwise invalid or unenforceable, inures	124
to the benefit of and binds the principal and histhe principal's	125
heirs, devisees, and personal representatives.	126

(B) An affidavit, executed by the attorney in fact stating	127
that hethe attorney in fact did not have, at the time of doing an	128
act pursuant to the power of attorney, actual knowledge of the	129
revocation of the power of attorney by the principal, or the	130
revocation of the power of attorney by death or adjudged	131
incompetency of the principal is, in the absence of fraud,	132
conclusive proof of the nonrevocation of the power at that time.	133
If the exercise of the power requires the execution and delivery	134
of any instrument that is recordable, the affidavit when witnessed	135
and acknowledged before a notary public in the same manner as a	136
deed, is likewise recordable.	137

(C) This section shall not be construed to alter or affect	138
any provision for revocation contained in any power of attorney.	139
This section shall not be construed to affect any provision of a	140
power of attorney that indicates, consistent with section 1337.09	141
of the Revised Code, that the authority of the attorney in fact is	142
exercisable by himthe attorney in fact as provided in the power	143
of attorney notwithstanding the later disability, incapacity, or	144
adjudged incompetency of the principal.	145

Sec. 1337.10.  The county recorder shall charge the same fee	146
for the recording of a power of attorney authorizing the transfer	147
of personal property or the transaction of business relating	148
theretoto the transfer of personal property, the indexing	149
thereofof that instrument, and for making a certified copy of the	150
record of suchthe instrument, as hethat the recorder is allowed	151
by section 317.32 of the Revised Code to charge for likesimilar	152
services in regard to other instruments.	153

In a county in which the county recorder has determined to	154
use the microfilm process as provided by section 9.01 of the	155
Revised Code, the recorder may require that all cancellations,	156
releases, or other actions affecting recorded powers of attorney	157
be by separate instrument, signed, witnessed, and acknowledged as	158
provided by section 5301.01 of the Revised Code. The original	159
instrument bearing the proper endorsement may be used as suchthat	160
separate instrument. Any such cancellations, releases, or other	161
actions described in this section shall be recorded in the books	162
in which the powers of attorney were recorded. The fee for such	163
recordation shall be as set forth in this section.	164

Sec. 5301.01. (A) A deed, mortgage, land contract as referred	165
to in division (B)(2) of section 317.08 of the Revised Code, or	166
lease of any interest in real property and a memorandum of trust	167
as described in division (A) of section 5301.255 of the Revised	168
Code shall be signed by the grantor, mortgagor, vendor, or lessor	169
in the case of a deed, mortgage, land contract, or lease or shall	170
be signed by the settlor and trustee in the case of a memorandum	171
of trust. The signing shall be acknowledged by the grantor,	172
mortgagor, vendor, or lessor, or by the settlor and trustee, in	173
the presence of two witnesses, who shall attest the signing and	174
subscribe their names to the attestation. The signing shall be	175
acknowledged by the grantor, mortgagor, vendor, or lessor, or by	176
the settlor and trustee, before a judge or clerk of a court of	177
record in this state, or a county auditor, county engineer, notary	178
public, or mayor, who shall certify the acknowledgement and	179
subscribe histhe official's name to the certificate of the	180
acknowledgement.	181

(B)(1) If a deed, mortgage, land contract as referred to in	182
division (B)(2) of section 317.08 of the Revised Code, lease of	183
any interest in real property, or a memorandum of trust as	184
described in division (A) of section 5301.255 of the Revised Code	185
was executed prior to the effective date of this amendment and was	186
not acknowledged in the presence of, or was not attested by, two	187
witnesses as required by this section prior to that effective	188
date, both of the following apply:	189

(a) The instrument is deemed properly executed and is	190
presumed to be valid unless the signature of the grantor,	191
mortgagor, vendor, or lessor in the case of a deed, mortgage, land	192
contract, or lease or of the settlor and trustee in the case of a	193
memorandum of trust was obtained by fraud.	194

(b) The recording of the instrument in the office of the	195
county recorder of the county in which the subject property is	196
situated is constructive notice of the instrument to all persons,	197
including without limitation, a subsequent purchaser in good faith	198
or any other subsequent holder of an interest in the property,	199
regardless of whether the instrument was recorded prior to, on, or	200
after the effective date of this amendment.	201

(2) Division (B)(1) of this section does not affect any	202
accrued substantive rights or vested rights that came into	203
existence prior to the effective date of this amendment.	204

Sec. 5301.04.  A deed, mortgage, or lease of any interest of	205
a married person in real property mustshall be signed, attested,	206
acknowledged, and certified as provided in section 5301.01 of the	207
Revised Code.	208

Sec. 5301.08.  Sections 5301.01 to 5301.45, inclusive, of the	209
Revised Code do not affect the validity of any lease of lands	210
appropriated by congress for the support of schools or for	211
ministerial purposes for any term not exceeding ten years or of	212
any other lands for any term not exceeding three years or require	213
suchthat lease to be attested, acknowledged, or recorded.	214

Sec. 5301.251.  In lieu of the recording of a lease, there	215
may be recorded a memorandum of suchthat lease, executed,	216
attested, and acknowledged in accordance with section 5301.01 of	217
the Revised Code which. The memorandum of lease shall contain the	218
names of the lessor and the lessee and their addresses as set	219
forth in saidthe lease, a reference to suchthe lease with its	220
date of execution, a description of the leased premises with such	221
certainty as to identify the property, including the reference	222
provided for in section 5301.011 of the Revised Code, and the term	223
of the lease, together with any rights of renewal or extension	224
thereofof the lease, and the date of commencement of the term or	225
the manner of determining the samecommencement of the term as set	226
forth in suchthe lease.	227

A memorandum of lease thusthat is entitled to be so recorded	228
may also may set forth any other provisions contained in the	229
lease, or the substance thereofof those provisions, and shall be	230
constructive notice of only that information contained in suchthe	231
memorandum.	232

Sections 317.08, 5301.251, and 5301.33 of the Revised Code	233
shall not be construed to affect the enforcibilityenforceability,	234
validity, or legal effect of instruments recorded in saidthose	235
lease records prior to August 9, 1963.	236

Sec. 5301.255.  (A) A memorandum of trust that satisfies	237
both of the following may be presented for recordation in the	238
office of the county recorder of any county in which real property	239
that is subject to the trust is located:	240

(1) The memorandum shall be executed by the settlor and	241
trustee of the trust, attested by witnesses, and acknowledged by	242
the settlor and trustee of the trust in accordance with section	243
5301.01 of the Revised Code.	244

(2) The memorandum shall state all of the following:

245

(a) The names and addresses of the settlor and trustee of	246
the trust;	247

(b) The date of execution of the trust;

248

(c) The powers specified in the trust relative to the	249
acquisition, sale, or encumbering of real property by the trustee	250
or the conveyance of real property by the trustee, and any	251
restrictions upon those powers.	252

(B) A memorandum of trust that satisfies divisions (A)(1)	253
and (2) of this section also may set forth the substance or actual	254
text of provisions of the trust that are not described in those	255
divisions.	256

(C) A memorandum of trust that satisfies divisions (A)(1)	257
and (2) of this section shall constitute notice only of the	258
information contained in it.	259

(D) Upon the presentation for recordation of a memorandum of	260
trust that satisfies divisions (A)(1) and (2) of this section and	261
the payment of the requisite fee prescribed in section 317.32 of	262
the Revised Code, a county recorder shall record the memorandum of	263
trust as follows:	264

(1) Unless division (D)(2) of this section applies, in the	265
record of deeds described in division (A) of section 317.08 of the	266
Revised Code, if the memorandum of trust describes specific real	267
property, or in the record of powers of attorney described in	268
division (C) of that section, if the memorandum of trust does not	269
describe specific real property;	270

(2) If the county recorder records instruments in accordance	271
with division (F) of section 317.08 of the Revised Code, in the	272
official records described in that division.	273

Sec. 5301.28.  When the mortgagee of property within this	274
state, or the party to whom the mortgage has been assigned, either	275
by a separate instrument, or in writing on suchthat mortgage, or	276
on the margin of the record thereofof the mortgage, which	277
assignment, if in writing on suchthe mortgage or on the margin of	278
the record thereofof the mortgage, need not be witnessed or	279
acknowledged, receives payment of any part of the money due the	280
holder of suchthe mortgage, and secured by the mortgage, and	281
enters satisfaction or a receipt thereforfor the payment, either	282
on the mortgage or its record, suchthat satisfaction or receipt,	283
when entered on suchthe record, or copied thereonon the record	284
from the original mortgage by the county recorder, will release	285
the mortgage to the extent of suchthe receipt. In all cases when	286
a mortgage has been assigned in writing on suchthat mortgage, the	287
recorder mustshall copy the assignment from the original mortgage	288
upon the margin of the record of the mortgage before suchthe	289
satisfaction or receipt is entered upon the record thereofof the	290
mortgage.	291

In a county in which the county recorder has determined to	292
use the microfilm process as provided by section 9.01 of the	293
Revised Code, the recorder may require that all satisfactions of	294
mortgages be made by separate instrument. The original instrument	295
bearing the proper endorsement may be used as such separate	296
instrument. SuchThat separate instrument shall be recorded in the	297
book provided by section 5301.34 of the Revised Code for the	298
satisfactions of mortgages. The recorder shall charge the fee for	299
suchthe recording as provided by section 317.32 of the Revised	300
Code for recording mortgages.	301

Sec. 5301.31.  Except in counties in which a separate	302
instrument is required to assign or partially release a mortgage	303
as described in section 5301.32 of the Revised Code, a mortgage	304
may be assigned or partially released by the holder of the	305
mortgage, by writing the assignment or partial release on the	306
original mortgage or upon the margin of the record of the original	307
mortgage and signing it. The assignment or partial release need	308
not be acknowledged or witnessed, but, if it is written upon the	309
margin of the record of the original mortgage, the signing shall	310
be attested by the county recorder. The assignment, whether it is	311
upon the original mortgage, upon the margin of the record of the	312
original mortgage, or by separate instrument, shall transfer not	313
only the lien of the mortgage but also all interest in the land	314
described in the mortgage. An assignment of a mortgage shall	315
contain the then current mailing address of the assignee. The	316
signature of a person on the assignment or partial release may be	317
a facsimile of that person's signature. A facsimile of a	318
signature on an assignment or partial release is equivalent to and	319
constitutes the written signature of the person for all	320
requirements regarding mortgage assignments or partial releases.	321

For entering an assignment or partial release of a mortgage	322
upon the margin of the record of the original mortgage or for	323
attesting it, the recorder shall be entitled to the fee provided	324
by section 317.32 of the Revised Code for recording the assignment	325
and satisfaction of mortgages.	326

Sec. 5301.32.  A mortgage may be assigned or partially	327
released by a separate instrument of assignment or partial	328
release, acknowledged and witnessed as provided by section 5301.01	329
of the Revised Code. The separate instrument of assignment or	330
partial release shall be recorded in the book provided by section	331
5301.34 of the Revised Code for the recording of satisfactions of	332
mortgages, and the. The county recorder shall be entitled to	333
charge the fee for that recording as provided by section 317.32 of	334
the Revised Code for recording deeds. The signature of a person	335
on the assignment or partial release may be a facsimile of that	336
person's signature. A facsimile of a signature on an assignment	337
or partial release is equivalent to and constitutes the written	338
signature of the person for all requirements regarding mortgage	339
assignments or partial releases.	340

In a county in which the recorder has determined to use the	341
microfilm process as provided by section 9.01 of the Revised Code,	342
the recorder may require that all assignments and partial releases	343
of mortgages be by separate instruments. The original instrument	344
bearing the proper endorsement may be used as the separate	345
instrument.	346

An assignment of a mortgage shall contain the then current	347
mailing address of the assignee.	348

Sec. 5301.33.  Except in counties where deeds or other	349
separate instruments are required as provided in this section, a	350
lease, whether or not renewable forever, whichthat is recorded in	351
any county recorder's office, may be canceled or partially	352
released by the lessor and lessee, or assigned by either of them,	353
by writing suchthe cancellation, partial release, or assignment	354
on the original lease, or upon the margin of the record thereofof	355
the original lease, and by signing it. SuchThat cancellation,	356
partial release, or assignment need not be witnessed or	357
acknowledged, but if written on the margin of the record, the	358
signing thereof mustshall be attested to by the recorder. Such	359
The assignment by the lessee, whether it is upon the lease, or	360
upon the margin of the record thereofof the lease, or by separate	361
instrument, shall transfer all interest held by the lessee under	362
the lease in the premises described thereinin the lease, unless	363
otherwise stated in the lease or in the assignment. For copying	364
suchthe cancellation, partial release, or assignment upon the	365
margin of the record, if written upon the original instrument, or	366
for attesting it, if written upon the margin of the record, the	367
recorder shall charge the fee provided by section 317.32 of the	368
Revised Code for recording the assignment and satisfaction of	369
mortgages.	370

A lease, whether or not renewable forever, whichthat is	371
recorded in any county recorder's office, may also may be	372
canceled, partially released, or assigned by deed or by other	373
separate instrument acknowledged and witnessed as provided in	374
section 5301.01 of the Revised Code. Unless in the form of a	375
deed, a separate instrument of cancellation, partial release, or	376
assignment shall be recorded in the record of leases provided for	377
by section 317.08 of the Revised Code and the. The recorder shall	378
charge the fee for suchthat recording as provided in section	379
317.32 of the Revised Code for recording deeds.	380

WhenIf a lease has been canceled, partially released, or	381
assigned by deed or by other separate instrument and suchthat	382
deed or other separate instrument recites the recorder's file	383
number of the original lease or the volume and page of the record	384
whereinin which the original lease is recorded, the recorder	385
shall note on the margin of the record of the original lease the	386
recorder's file number of suchthe deed or other separate	387
instrument or the volume and page of the record whereinin which	388
the same is recorded.	389

"Lessor" and "lessee" as used in this section include an	390
assignee of the interest of either. "Lease" as used in this	391
section includes a memorandum of lease provided for by section	392
5301.251 of the Revised Code. This section does not permit the	393
assignment of any lease whoseif the assignment is prohibited by	394
the terms thereofof the lease.	395

In a county in which the county recorder has determined to	396
use the microfilm process as provided by section 9.01 of the	397
Revised Code, the recorder may require that all cancellations,	398
partial releases, and assignments of leases be by deed or other	399
separate instrument. The original instrument bearing the proper	400
endorsement may be used as such separate instrument.	401

Sec. 5301.331.  Except in counties where deeds or other	402
instruments are required as provided in this section, a land	403
contract whichthat is recorded in the office of the county	404
recorder may be cancelled, partially released by the vendor and	405
vendee, or assigned by either of them by writing suchthe	406
cancellation, partial release, or assignment on the original land	407
contract or upon the margin of the record thereofof the original	408
land contract, and by signing it. SuchThat cancellation, partial	409
release, or assignment need not be witnessed or acknowledged, but	410
if written on the margin of the record, the signing thereof must	411
shall be attested to by the county recorder. SuchThe assignment	412
by the vendee, whether it is on the land contract or upon the	413
margin of the record thereofof that contract, or by separate	414
instrument, shall transfer the right held by the vendee under the	415
land contract in the premises described thereinin the contract	416
unless otherwise stated in the land contract or in the assignment.	417
For copying suchthe cancellation, partial release, or assignment	418
upon the margin of the record, or for attesting it, if written	419
upon the margin of the record, the recorder shall charge the fee	420
provided by section 317.32 of the Revised Code for recording the	421
assignment and satisfaction of mortgages.	422

A land contract whichthat is recorded in the office of the	423
county recorder may also be cancelled, partially released, or	424
assigned by deed or by other separate instrument, acknowledged and	425
witnessed as provided in section 5301.01 of the Revised Code.	426
Unless in the form of a deed, a separate instrument of	427
cancellation, partial release, or assignment shall be recorded in	428
the book provided by section 5301.34 of the Revised Code for	429
recording satisfactions of mortgages, and the. The recorder shall	430
charge the fee for suchthat record as provided for in section	431
317.32 of the Revised Code for record fees.	432

WhenIf a land contract has been cancelled, partially	433
released, or assigned by deed or other separate instrument, and	434
suchthat deed or other separate instrument recites the recorder's	435
file number of the original land contract or the volume and page	436
of the record whereinin which the original land contract is	437
recorded, the recorder shall note on the margin of the original	438
land contract the recorder's file number of suchthe deed or other	439
separate instrument or the volume and page of the record wherein	440
in which the same is recorded.	441

"Vendor" and "Vendeevendee" as used in this section include	442
an assignee of the interest of either. This section does not	443
permit the assignment of any land contract whoseif the assignment	444
is prohibited by the terms thereofof the land contract.	445

In a county where the county recorder has determined to use	446
the microfilm process as provided by section 9.01 of the Revised	447
Code, the recorder may require that all cancellations, partial	448
releases, and assignments of land contracts be by deed or other	449
separate instrument. The original instrument bearing the proper	450
endorsement may be used as such separate instrument.	451

Sec. 5301.34.  A mortgage mustshall be discharged upon the	452
record thereofof the mortgage by the county recorder when there	453
is presented to himthe county recorder a certificate executed by	454
the mortgagee or histhe mortgagee's assigns, acknowledged and	455
witnessed as provided in section 5301.01 of the Revised Code, or	456
when there is presented to himthe recorder a deed of release	457
executed by the governor as provided in section 5301.19 of the	458
Revised Code, certifying that the mortgage has been fully paid and	459
satisfied. In addition to the discharge on the records by the	460
recorder, such certificate shall be recorded in a book kept for	461
that purpose by the recorder. SuchThe recorder is entitled to the	462
fees for such recording as provided by section 317.32 of the	463
Revised Code for recording deeds.	464

Sec. 5301.35.  The priority of the lien of a mortgage may be	465
waived to the extent specified by the holder thereofof the lien	466
in favor of any lien, mortgage, lease, easement, or other interest	467
in the property covered by the mortgage, by writing suchthe	468
waiver of priority on the original mortgage and signing it, by	469
writing suchthe waiver of priority upon the margin of the record	470
of saidthat mortgage and signing it, or by a separate instrument	471
acknowledged and witnessed as provided by section 5301.01 of the	472
Revised Code. SuchThat waiver, when recorded upon the margin of	473
the record of suchthe mortgage, or when recorded as a separate	474
instrument, is constructive notice to all persons dealing with	475
either the property described in saidthat mortgage or the	476
mortgage itself from the date of filing saidthe waiver for	477
record. SuchThe waiver, if written upon saidthe mortgage or upon	478
the margin of the record thereofof the mortgage, need not be	479
acknowledged or witnessed, but if written upon the margin of the	480
record, the signing mustshall be attested by the county recorder.	481

If saidthe waiver of priority is by separate instrument, it	482
shall be recorded in the book provided by section 5301.34 of the	483
Revised Code for the recording of satisfactions of mortgages. For	484
suchthe recording, the county recorder may charge the fee as	485
provided by section 317.32 of the Revised Code for recording	486
deeds. For entering any such waiver of priority upon the margin	487
of the record of saidthe mortgage, or for attesting it, the	488
recorder is entitled to the fees for recording suchthose waivers	489
of priority asthat are charged for assignments or satisfactions	490
of mortgages under section 317.32 of the Revised Code.	491

In a county in which the county recorder has determined to	492
use the microfilm process as provided by section 9.01 of the	493
Revised Code, the recorder may require that all waivers of	494
priority of mortgages be made by separate instrument. The	495
original instrument bearing the proper indorsementendorsement may	496
be used as such separate instrument.	497

Sec. 5302.05.  A deed in substance following the form set	498
forth in this section, when duly executed in accordance with	499
Chapter 5301. of the Revised Code, has the force and effect of a	500
deed in fee simple to the grantee, histhe grantee's heirs,	501
assigns, and successors, to histhe grantee's and theirthe	502
grantee's heirs', assigns', and successors' own use, with	503
covenants on the part of the grantor with the grantee, histhe	504
grantee's heirs, assigns, and successors, that, at the time of the	505
delivery of suchthat deed hethe grantor was lawfully seized in	506
fee simple of the granted premises, that the granted premises were	507
free from all encumbrances, that hethe grantor had good right to	508
sell and convey the same to the grantee and histhe grantee's	509
heirs, assigns, and successors, and that hethe grantor does	510
warrant and will defend the same to the grantee and histhe	511
grantee's heirs, assigns, and successors, forever, against the	512
lawful claims and demands of all persons.	513

"GENERAL WARRANTY DEED

514

........... (marital status), of ........... County,	515
.............. for valuable consideration paid, grant(s), with	516
general warranty covenants, to ............., whose tax-mailing	517
address is .................., the following real property:	518

(description of land or interest therein and encumbrances,	519
reservations, and exceptions, if any)	520

..............., wife (husband) of the grantor, releases all	522
rights of dower therein.	523

Witness ............................. hand this ...........	524
day of ....................	525

Executed before me on ............... day of ...............	526
by ...................., who, under penalty of perjury in	527
violation of section 2921.11 of the Revised Code, represented to	528
me to be said person.	529

(Execution in accordance with Chapter 5301. of the Revised	533
Code)"	534

Sec. 5302.07.  A deed in substance following the form set	535
forth in this section, when duly executed in accordance with	536
Chapter 5301. of the Revised Code, has the force and effect of a	537
deed in fee simple to the grantee, histhe grantee's heirs,	538
assigns, and successors, to histhe grantee's and theirthe	539
grantee's heirs', assigns', and successors' own use, with	540
covenants on the part of the grantor with the grantee, histhe	541
grantee's heirs, assigns, and successors, that, at the time of the	542
delivery of suchthat deed the premises were free from all	543
encumbrances made by himthe grantor, and that hethe grantor does	544
warrant and will defend the same to the grantee and histhe	545
grantee's heirs, assigns, and successors, forever, against the	546
lawful claims and demands of all persons claiming by, through, or	547
under the grantor, but against none other.	548

"LIMITED WARRANTY DEED

549

.......... (marital status), of ............ County,	550
............. for valuable consideration paid, grant(s), with	551
limited warranty covenants, to ..........., whose tax-mailing	552
address is ..........., the following real property:	553

(description of land or interest therein and encumbrances,	554
reservations, and exceptions, if any)	555

..........., wife (husband) of said grantor, releases to said	557
grantee all rights of dower therein.	558

Witness .......... hand this .......... day of ...........

559

Executed before me on ............... day of ...............	560
by ...................., who, under penalty of perjury in	561
violation of section 2921.11 of the Revised Code, represented to	562
me to be said person.	563

(Execution in accordance with Chapter 5301. of the Revised	567
Code)"	568

Sec. 5302.09.  A deed in substance following the form set	569
forth in this section, when duly executed in accordance with	570
Chapter 5301. of the Revised Code, has the force and effect of a	571
deed in fee simple to the grantee, histhe grantee's heirs,	572
assigns, and successors, to histhe grantee's and theirthe	573
grantee's heirs', assigns', and successors' own use, with	574
covenants on the part of the grantor with the grantee, histhe	575
grantee's heirs, assigns, and successors, that, at the time of the	576
delivery of suchthat deed, hethe grantor was duly appointed,	577
qualified, and acting in the fiduciary capacity described in such	578
that deed, and was duly authorized to make the sale and conveyance	579
of the premises; that in all of histhe grantor's proceedings in	580
the sale thereof heof the premises the grantor has complied with	581
the requirements of the statutes in such case provided.	582

"DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE,

583

GUARDIAN, RECEIVER, OR COMMISSIONER

584

.........., executor of the will of ................,	585
(administrator of the estate of ........) (trustee under .......)	586
(guardian of ........) (receiver of ........) (commissioner), by	587
the power conferred by .........., and every other power, for	588
........ dollars paid, grants, with fiduciary covenants, to	589
.........., whose tax-mailing address is ........., the following	590
real property:	591

(description of land or interest therein and encumbrances,	592
reservations, and exceptions, if any)	593

Witness ........... hand this ....... day of .............

595

Executed before me on ............... day of ...............	596
by ...................., who, under penalty of perjury in	597
violation of section 2921.11 of the Revised Code, represented to	598
me to be said person.	599

(Execution in accordance with Chapter 5301. of the Revised	603
Code)"	604

Sec. 5302.11.  A deed in substance following the form set	605
forth in this section, when duly executed in accordance with	606
Chapter 5301. of the Revised Code, has the force and effect of a	607
deed in fee simple to the grantee, histhe grantee's heirs,	608
assigns, and successors, and to histhe grantee's and theirthe	609
grantee's heirs', assigns', and successors' own use, but without	610
covenants of any kind on the part of the grantor.	611

"QUIT-CLAIM DEED

612

............... (marital status), of .......... County,	613
..................... for valuable consideration paid, grant(s) to	614
.................., whose tax-mailing address is .........., the	615
following real property:	616

(description of land or interest therein and encumbrances,	617
reservations, and exceptions, if any)	618

Prior Instrument Reference:  Volume ......., Page ......

619

..............., wife (husband) of the grantor, releases all	620
rights of dower therein.	621

Witness ............... hand this ............ day of	622
...................................	623

Executed before me on ............... day of ...............	624
by ...................., who, under penalty of perjury in	625
violation of section 2921.11 of the Revised Code, represented to	626
me to be said person.	627

(Execution in accordance with Chapter 5301. of the Revised	631
Code)"	632

Sec. 5302.12.  A mortgage in substance following the form set	633
forth in this section, when duly executed in accordance with	634
Chapter 5301. of the Revised Code, has the force and effect of a	635
mortgage to the use of the mortgagee and histhe mortgagee's	636
heirs, assigns, and successors, with mortgage covenants and upon	637
the statutory condition, as defined in sections 5302.13 and	638
5302.14 of the Revised Code, to secure the payment of the money or	639
the performance of any obligation specified in the mortgage. The	640
parties may insert in the mortgage any other lawful agreement or	641
condition.	642

"MORTGAGE

643

........................, .................... (marital status),	644
of ................ (current mailing address), for ..........	645
Dollars paid, grant(s), with mortgage covenants, to ............,	646
of .................. (current mailing address), the following	647
real property:	648

(Description of land or interest in land and encumbrances,	649
reservations, and exceptions, if any.)	650

(A reference to the last recorded instrument through which	651
the mortgagor claims title. The omission of the reference shall	652
not affect the validity of the mortgage.)	653

This mortgage is given, upon the statutory condition, to	654
secure the payment of ................. dollars with interest as	655
provided in a note of the same date.	656

"Statutory condition" is defined in section 5302.14 of the	657
Revised Code and provides generally that, if the mortgagor pays	658
the principal and interest secured by this mortgage, performs the	659
other obligations secured by this mortgage and the conditions of	660
any prior mortgage, pays all the taxes and assessments, maintains	661
insurance against fire and other hazards, and does not commit or	662
suffer waste, then this mortgage shall be void.	663

..................., wife (husband) of the mortgagor,	664
releases to the mortgagee all rights of dower in the described	665
real property.	666

Witness .......... hand this .... day of ................

667

Executed before me on ............... day of ...............	668
by ...................., who, under penalty of perjury in	669
violation of section 2921.11 of the Revised Code, represented to	670
me to be said person.	671

(Execution in accordance with Chapter 5301. of the Revised	675
Code)"	676

Sec. 5302.17.  A deed conveying any interest in real property	677
to two or more persons, and in substance following the form set	678
forth in this section, when duly executed in accordance with	679
Chapter 5301. of the Revised Code, creates a survivorship tenancy	680
in the grantees, and upon the death of any of the grantees, vests	681
the interest of the decedent in the survivor, survivors, or his	682
the survivor's or theirsurvivors' separate heirs and assigns.	683

"SURVIVORSHIP DEED

684

............... (marital status), of .................... County,	685
......................... for valuable consideration paid,	686
grant(s), (covenants, if any), to .........................	687
(marital status) and ..................., (marital status), for	688
their joint lives, remainder to the survivor of them, whose	689
tax-mailing addresses are ............, the following real	690
property:	691

(description of land or interest therein and encumbrances,	692
reservations, and exceptions, if any)	693

Prior Instrument Reference: ...........................,.

694

..............., wife (husband) of the grantor, releases all	695
rights of dower therein.	696

Witness ............... hand this ................. day of	697
.................."	698

Executed before me on ............... day of ...............	699
by ...................., who, under penalty of perjury in	700
violation of section 2921.11 of the Revised Code, represented to	701
me to be said person.	702

(Execution in accordance with Chapter 5301. of the Revised	706
Code)"	707

Any persons who are the sole owners of real property, prior	708
to April 4, 1985, as tenants with a right of survivorship under	709
the common or statutory law of this state or as tenants in common	710
may create in themselves and in any other person or persons a	711
survivorship tenancy in the real property by executing a deed as	712
provided in this section conveying their entire, separate	713
interests in the real property to themselves and to the other	714
person or persons.	715

Except as otherwise provided in this section, when a person	716
holding real property as a survivorship tenant dies, the transfer	717
of the interest of the decedent may be recorded by presenting to	718
the county auditor and filing with the county recorder either a	719
certificate of transfer as provided in section 2113.61 of the	720
Revised Code, or an affidavit accompanied by a certified copy of a	721
death certificate. The affidavit shall recite the names of the	722
other survivorship tenant or tenants, the address of the other	723
survivorship tenant or tenants, the date of death of the decedent,	724
and a description of the real property. The county recorder shall	725
make index reference to any certificate or affidavit so filed in	726
the record of deeds. When a person holding real property as a	727
survivorship tenant dies and the title to the property is	728
registered pursuant to Chapter 5309. of the Revised Code, the	729
procedure for the transfer of the interest of the decedent shall	730
be pursuant to section 5309.081 of the Revised Code.	731

Sec. 5302.22.  (A) A deed conveying any interest in real	732
property, and in substance following the form set forth in this	733
division, when duly executed in accordance with Chapter 5301. of	734
the Revised Code and recorded in the office of the county	735
recorder, creates a present interest as sole owner or as a tenant	736
in common in the grantee and creates a transfer on death interest	737
in the beneficiary or beneficiaries. Upon the death of the	738
grantee, the deed vests the interest of the decedent in the	739
beneficiary or beneficiaries. The deed described in this division	740
shall in substance conform to the following form:	741

"Transfer on Death Deed

742

.................... (marital status), of ........... County,	743
.................... (for valuable consideration paid, if any),	744
grant(s) (with covenants, if any), to .................... whose	745
tax mailing address is ...................., transfer on death to	746
...................., beneficiary(s), the following real	747
property;:	748

(Description of land or interest in land and encumbrances,	749
reservations, and exceptions, if any.)	750

Prior Instrument Reference: ................................

751

...................., wife (husband) of the grantor, releases all	752
rights of dower therein.	753

Witness .................... hand this ....................	754
day of ...................."	755

Executed before me on ............... day of ...............	756
by ...................., who, under penalty of perjury in	757
violation of section 2921.11 of the Revised Code, represented to	758
me to be said person.	759

(Execution in accordance with Chapter 5301. of the Revised	763
Code)"	764

(B) Any person who, under the Revised Code or the common law	765
of this state, owns real property or any interest in real property	766
as a sole owner or as a tenant in common may create an interest in	767
the real property transferable on death by executing and recording	768
a deed as provided in this section conveying the person's entire,	769
separate interest in the real property to one or more individuals,	770
including the grantor, and designating one or more other persons,	771
identified in the deed by name, as transfer on death	772
beneficiaries.	773

A deed conveying an interest in real property that includes a	774
transfer on death beneficiary designation need not be supported by	775
consideration and need not be delivered to the transfer on death	776
beneficiary to be effective.	777

(C) Upon the death of any individual who owns real property	778
or an interest in real property that is subject to a transfer on	779
death beneficiary designation made under a transfer on death deed	780
as provided in this section, the deceased owner's interest shall	781
be transferred only to the transfer on death beneficiaries who are	782
identified in the deed by name and who survive the deceased owner	783
or that are in existence on the date of death of the deceased	784
owner. The transfer of the deceased owner's interest shall be	785
recorded by presenting to the county auditor and filing with the	786
county recorder an affidavit, accompanied by a certified copy of a	787
death certificate for the deceased owner. The affidavit shall	788
recite the name and address of each designated transfer on death	789
beneficiary who survived the deceased owner or that is in	790
existence on the date of the deceased owner's death, the date of	791
the deceased owner's death, a description of the subject real	792
property or interest in real property, and the names of each	793
designated transfer on death beneficiary who has not survived the	794
deceased owner or that is not in existence on the date of the	795
deceased owner's death. The affidavit shall be accompanied by a	796
certified copy of a death certificate for each designated transfer	797
on death beneficiary who has not survived the deceased owner. The	798
county recorder shall make an index reference to any affidavit so	799
filed in the record of deeds.	800

Upon the death of any individual holding real property or an	801
interest in real property that is subject to a transfer on death	802
beneficiary designation made under a transfer on death deed as	803
provided in this section, if the title to the real property is	804
registered pursuant to Chapter 5309. of the Revised Code, the	805
procedure for the transfer of the interest of the deceased owner	806
shall be pursuant to section 5309.081 of the Revised Code.	807

Sec. 5309.05.  The persons who, singly or collectively, claim	808
to own and to be seized of, or to have the power of appointing or	809
disposing of, the legal or equitable estate in fee in and to the	810
whole of any parcel of land, may personally or through an attorney	811
in fact, authorized by an instrument signed, witnessed,	812
acknowledged, and recorded as a deed, have their title to said	813
that estate in saidthat land, or the whole title to saidthat	814
land, registered in the county where the land is situated. A	815
corporation may apply by its agent or attorney, authorized by vote	816
of its board of directors, and any person under disability may	817
apply by histhe person's legal guardian or trustee. All persons	818
in whose behalf the application is made shall be named as the	819
applicants or plaintiffs, except in cases mentioned in section	820
5309.66 of the Revised Code.	821

Sec. 5309.10.  If the application to register the title to	822
land or to any interest thereinin land is made by a married	823
person, the husband or wifespouse of suchthat person shall	824
signify his or herthe spouse's assent to the registration as	825
prayed for by indorsementendorsement on the application witnessed	826
and acknowledged as a deed, or by a separate instrument so	827
witnessed and acknowledged and filed with the application. If the	828
husband and wifespouses are separated and living apart, or either	829
one refuses to consent to the application of the other, the assent	830
of the husband or wifenonapplicant spouse is not necessary, and	831
in suchthat case the husband or wifenonapplicant spouse shall be	832
treated and named as a party defendant to the application.	833

Sec. 5309.30.  The county recorder shall take from the owner	834
of any registered property, right, interest, lien, or charge, in	835
every case wherein which it is practicable to do so, suchthe	836
owner's receipt or signature card, giving the residence and	837
post-office address, for the certificate of title, or whatever	838
paper is issued or delivered to or filed by himthe owner, signed	839
by suchthe owner in person and witnessed. When suchIf the	840
receipt or signature card is signed in the recorder's office, it	841
may be witnessed by the recorder or somea deputy. If signed	842
elsewhere, suchthe receipt or signature card mustshall be	843
attested by two witnesses and acknowledged before an officer	844
authorized to take acknowledgment of deeds. When signed,	845
witnessed andor acknowledged, and filed with the recorder, such	846
the receipt shall be regarded as containing the genuine signature	847
of suchthat person.	848

Sec. 5309.51.  The holder of any mortgage, encumbrance,	849
lease, charge, or lien upon registered land may execute to a	850
transferee an assignment for the whole or any part thereofof the	851
mortgage, encumbrance, lease, charge, or lien, by indorsement	852
endorsement of suchthe assignment on the original instrument of	853
encumbrance, the holder's duplicate, the mortgagee's certified	854
copy of a mortgage, or by a separate instrument witnessed and	855
acknowledged as required by section 5301.01 of the Revised Code.	856
The assignment of only a part only mustof the mortgage,	857
encumbrance, lease, charge, or lien shall state whether the part	858
transferred is to be given priority, be deferred, or rank equally	859
with the remaining part. When suchthat assignment is filed with	860
the county recorder and the assignor produces the instrument of	861
encumbrance which hethat the assignor holds, if suchthat	862
instrument is the original instrument or one of the original	863
duplicates thereofof the instrument, and in the case of a	864
mortgage when the assignor produces the "mortgagee's certified	865
copy," if suchthat copy was issued and delivered, the recorder,	866
being satisfied that the assignment is properly made and should be	867
registered, shall register suchthe assignment by entering a	868
memorial of the part transferred, the date of transfer, the name,	869
residence, and post-office address of the transferee, how suchthe	870
part transferred is to rank with the remaining part, and the file	871
number upon the register where suchin which the instrument	872
creating the charge is registered, and in case of assignment by	873
separate instrument, upon the original instrument. On the	874
instrument of assignment theThe recorder shall indorseendorse on	875
the instrument of assignment the exact time of filing and the	876
volume and folium of the register wherein which the assignment is	877
registered. If the original instrument of encumbrance, or one of	878
the duplicates thereofof the instrument, is recorded, the	879
assignee may, on payment of the recorder's fees therefor, may have	880
suchthat assignment copied on the margin of the record of the	881
instrument assigned, or copied in a separate volume and noted on	882
the margin of the record of the instrument assigned, if the	883
recorder keeps any such separate volume for the record of	884
assignments and transfer, thetransfers. The record of suchthat	885
assignment toshall be noted on the indexes of the instrument	886
assigned. If the original instrument of encumbrance or one of the	887
original duplicates thereofof the instrument, indorsedendorsed	888
by the recorder, or a mortgagee's certified copy of the mortgage,	889
is outstanding in the hands of the encumbrancer, lessee, or their	890
assigns, no entry or memorial of an assignment or transfer of such	891
that instrument or security of any part thereofof the instrument	892
shall be made by the recorder without the production of suchthe	893
original instrument, or the indorsedendorsed original duplicate	894
thereofof the instrument, or the mortgagee's certified copy.	895

Waivers of the priority of lien of mortgages may be	896
registered subject to the requirements of this section as to	897
assignments.	898

Sec. 5309.75.  The deed or instrument constituting a person	899
an attorney in fact shall contain:	900

(A) The full name of the party appointing, and of the person	901
appointed, and the residence and post-office address of each;	902

(B) The number of the outstanding certificate of title, and	903
the volume and folium of the register;	904

(C) A description of the land, whichthat shall be the same	905
as given in the certificate of title;	906

(D) A brief statement of the powers conferred upon the	907
attorney in fact.	908

SuchThat deed or instrument shall be signed by the person	909
making it and witnessed and acknowledged as provided in section	910
5301.01 of the Revised Code.	911

Sec. 5311.05.  (A) A declaration submitting property to the	912
provisions of this chapter shall be signed and acknowledged by the	913
owner in the presence of two witnesses who shall attest the	914
signing and subscribe their names to the attestation, and before a	915
judge or clerk of a court of record, county auditor, county	916
engineer, notary public, mayor, or county court judge, who shall	917
certify the acknowledgment and subscribe his name to the	918
certificate of acknowledgment.	919

(B) A declaration shall contain all of the following:

920

(1) A legal description of the land or, in the case of water	921
slip condominium property, of the land and the land under the	922
water area, thereby submitted to the provisions of this chapter;	923

(2) The name by which the condominium property shall be	924
known which shall include the word "condominium";	925

(3) The purpose or purposes of the condominium property and	926
the units and commercial facilities situated thereinin the	927
condominium property and the restrictions, if any, upon the use or	928
uses thereofof the condominium property;	929

(4) A general description of the building or buildings	930
thereby submitted to the provisions of this chapter, stating the	931
principal materials of which it is or they are constructed and the	932
number of stories, basements, and units thereinin the building or	933
buildings, or a general description of each water slip and of the	934
piers and wharves forming each water slip thereby submitted to the	935
provisions of this chapter;	936

(5) The unit designation of each unit thereby submitted to	937
the provisions of this chapter and a statement of its location,	938
approximate area, number of rooms, and the immediate common area	939
or limited common area to which it has access, and any other data	940
necessary for its proper identification;	941

(6) A description of the common area and facilities and	942
limited common areas and facilities thereby submitted to the	943
provisions of this chapter, the percentage or percentages of	944
interest thereinin the common area and facilities and limited	945
common areas and facilities appertaining to each unit, the basis	946
upon which those appurtenant percentages of interest are	947
allocated, and the procedures whereby the percentages appertaining	948
to each unit may be altered, which percentages, basis, and	949
procedures shall be in accordance with section 5311.04 of the	950
Revised Code;	951

(7) A statement that each unit owner shall be a member of a	952
unit owners association whichthat shall be established for the	953
administration of the condominium property;	954

(8) The name of a person to receive service of process for	955
the unit owners association, together with the residence or place	956
of business of the person, which residence or place of business	957
shall be in a county in which all or a part of the condominium	958
property is situated;	959

(9) The method by which the declaration may be amended,	960
whichthat, except as provided in division (D) of section 5311.04	961
and section 5311.051 of the Revised Code, shall require the	962
affirmative vote of those unit owners exercising not less than	963
seventy-five per cent of the voting power;	964

(10) Any further provisions deemed desirable.

965

(C) In the case of an expandable condominium property, the	966
declaration also shall contain all of the following:	967

(1) The explicit reservation of the declarant's option to	968
expand the condominium property;	969

(2) A statement of any limitations on that option, including	970
a statement as to whether the consent of any unit owners is	971
required, and if so, a statement as to the method whereby the	972
consent is to be ascertained; or a statement that there are no	973
such limitations;	974

(3) A time limit, not exceeding seven years from the date	975
the declaration is filed for record, renewable for an additional	976
seven-year period at the option of the developer, exercisable	977
within six months prior to the expiration of the seven-year period	978
and with the consent of the majority of the unit owners other than	979
the developer upon which the option to expand the condominium	980
property will expire, together with a statement of any	981
circumstances that will terminate the option prior to the	982
expiration of the time limit;	983

(4) A legal description by metes and bounds of all	984
additional property that, through exercise of the option, may be	985
submitted to the provisions of this chapter and that, thereby, may	986
be added to the condominium property;	987

(5) A statement as to whether all, or a particular portion,	988
of the additional property must be added to the condominium	989
property, or whether, if any additional property is added, all or	990
a particular portion of the additional property must be added,	991
and, if not, a statement of any limitations as to the portions	992
that may be added or a statement that there are no such	993
limitations;	994

(6) A statement as to whether portions of the additional	995
property may be added to the condominium property at different	996
times, together with any limitations fixing the boundaries of	997
those portions by legal descriptions setting forth the metes and	998
bounds of those portions, or regulating the order in which they	999
may be added to the condominium property, or both;	1000

(7) A statement of any limitations as to the location of any	1001
improvements that may be made on any portion of the additional	1002
property added to the condominium property, or a statement that	1003
there are no such limitations;	1004

(8) A statement of the maximum number of units that may be	1005
created on the additional property. If portions of the additional	1006
property may be added to the condominium property and the	1007
boundaries of those portions are fixed in accordance with division	1008
(C)(6) of this section, the declaration shall also state the	1009
maximum number of units that may be created on each portion added	1010
to the condominium property. If portions of the additional	1011
property may be added to the condominium property and the	1012
boundaries of those portions are not fixed in accordance with	1013
division (C)(6) of this section, the declaration shall also state	1014
the maximum number of units per acre that may be created on any	1015
portion added to the condominium property.	1016

(9) Except in cases where the previously submitted	1017
condominium property contains no units restricted exclusively to	1018
residential use, a statement of the maximum percentage of the	1019
aggregate land and floor area of all units not restricted	1020
exclusively to residential use that may be created on any	1021
additional property or portions of additional property that may be	1022
added to the condominium property;	1023

(10) A statement of the extent to which any structures	1024
erected on any portion of the additional property added to the	1025
condominium property will be compatible with structures on the	1026
submitted property in terms of quality of construction, the	1027
principal materials to be used, and architectural style, or a	1028
statement that the structures need not be compatible in those	1029
terms;	1030

(11) With respect to all improvements to any portion of	1031
additional property added to the condominium property, other than	1032
structures, a statement setting forth both of the following:	1033

(a) A description of the improvements that must be made or a	1034
statement that no other improvements must be made;	1035

(b) Any restrictions or limitations upon the improvements	1036
that may be made or a statement that there are no restrictions or	1037
limitations upon improvements that may be made.	1038

(12) With respect to all units created on any portion of	1039
additional property added to the condominium property, a statement	1040
setting forth both of the following:	1041

(a) Whether all such units must be substantially identical	1042
to units on previously submitted land;	1043

(b) Any limitations as to what types of units may be created	1044
on the additional property or a statement that there are no	1045
limitations.	1046

(13) A description of the declarant's reserved right, if	1047
any, either to create limited common areas and facilities within	1048
any portion of the additional property added to the condominium	1049
property or to designate common areas and facilities within each	1050
portion that may subsequently be assigned as limited common areas	1051
and facilities, in terms of the types, sizes, and maximum number	1052
of suchthose areas and facilities in each portion;	1053

(14) SuchThe drawings and plans asthat the declarant	1054
considers appropriate in supplementing the requirements of	1055
divisions (C)(4), (5), (6), (7), (10), (11), (12), and (13) of	1056
this section.	1057

(D) In the case of a leasehold condominium development, the	1058
declaration shall also contain all of the following:	1059

(1) With respect to any ground lease or other leases the	1060
expiration or termination of which will or may terminate or reduce	1061
the amount of the condominium property, a statement setting forth	1062
the county in which the lease is recorded and the volume and page	1063
of the record;	1064

(2) A statement setting forth the date upon which each lease	1065
referred to in division (D)(1) of this section is due to expire;	1066

(3) A statement as to whether any land or improvements of	1067
the condominium property will be owned by the unit owners in fee	1068
simple, and if so, either a description of the land or	1069
improvements, including a legal description by metes and bounds of	1070
the land, or a statement of any rights the unit owners shall have	1071
to remove suchthose improvements within a reasonable time after	1072
the expiration or termination of the ninety-nine year lease or	1073
leases involved, or a statement that they shall have no such	1074
rights;	1075

(4) A statement of the rights the unit owners have to redeem	1076
the reversion or any of the reversions, or a statement that they	1077
have no such rights;	1078

(5) A statement that, subsequent to the recording of the	1079
declaration, no lessor who executed it, and no successor in	1080
interest to the lessor, have any right or power to terminate any	1081
part of the leasehold interest of any unit owner who makes timely	1082
payment of histhe unit owner's share of the rent to the person	1083
designated in the declaration for the receipt of the rent and who	1084
otherwise complies with all covenants that, if violated, would	1085
entitle the lessor to terminate the lease.	1086

Section 2. That existing sections 317.113, 323.43, 1337.01,	1087
1337.06, 1337.091, 1337.10, 5301.01, 5301.04, 5301.08, 5301.251,	1088
5301.255, 5301.28, 5301.31, 5301.32, 5301.33, 5301.331, 5301.34,	1089
5301.35, 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17,	1090
5302.22, 5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05	1091
and section 5301.234 of the Revised Code are hereby repealed.	1092

Section 3. The General Assembly declares its intent that the	1093
amendment made by this act to section 5301.01 of the Revised Code	1094
is retrospective in its operation and is remedial in its	1095
application to instruments described in that section that were	1096
executed or recorded prior to the effective date of this act,	1097
except that the amendment does not affect any substantive rights	1098
or vested rights that came into existence prior to the effective	1099
date of this act.	1100