H. B. No. 72 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 72

Representatives Brenner, Gerberry

A BILL

To amend sections 135.807, 149.52, 317.02, 317.04,

317.05, 317.07, 317.08, 317.09, 317.10, 317.111,

317.112, 317.12, 317.13, 317.15, 317.17, 317.18,

317.19, 317.20, 317.22, 317.26, 317.28, 317.29,

317.31, 317.32, 317.35, 317.36, 319.203, 323.43,

503.13, 703.16, 707.09, 709.06, 709.32, 709.38,

709.39, 723.04, 723.05, 961.02, 961.05, 971.15,

1311.06, 1311.35, 1311.42, 1337.08, 1513.33,

1513.37, 1701.73, 1701.81, 1701.811, 1702.38,

1702.43, 1702.462, 1705.38, 1705.381, 1729.38,

1776.70, 1776.74, 1782.433, 1782.4310, 2113.62,

2505.13, 2937.27, 3929.18, 4123.76, 4123.78,

4141.23, 4961.39, 5301.01, 5301.14, 5301.21,

5301.25, 5301.255, 5301.28, 5301.32, 5301.33,

5301.331, 5301.332, 5301.34, 5301.35, 5301.52,

5301.56, 5302.15, 5302.17, 5302.171, 5302.222,

5309.13, 5309.41, 5309.64, 5715.701, 5719.04,

5721.35, 5747.451, and 5815.15 and to repeal

sections 317.201 and 711.12 of the Revised Code

generally to modernize and make other changes

regarding how the county recorder's office

maintains records.

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

Section 1. That sections 135.807, 149.52, 317.02, 317.04,	23
317.05, 317.07, 317.08, 317.09, 317.10, 317.111, 317.112, 317.12,	24
317.13, 317.15, 317.17, 317.18, 317.19, 317.20, 317.22, 317.26,	25
317.28, 317.29, 317.31, 317.32, 317.35, 317.36, 319.203, 323.43,	26
503.13, 703.16, 707.09, 709.06, 709.32, 709.38, 709.39, 723.04,	27
723.05, 961.02, 961.05, 971.15, 1311.06, 1311.35, 1311.42,	28
1337.08, 1513.33, 1513.37, 1701.73, 1701.81, 1701.811, 1702.38,	29
1702.43, 1702.462, 1705.38, 1705.381, 1729.38, 1776.70, 1776.74,	30
1782.433, 1782.4310, 2113.62, 2505.13, 2937.27, 3929.18, 4123.76,	31
4123.78, 4141.23, 4961.39, 5301.01, 5301.14, 5301.21, 5301.25,	32
5301.255, 5301.28, 5301.32, 5301.33, 5301.331, 5301.332, 5301.34,	33
5301.35, 5301.52, 5301.56, 5302.15, 5302.17, 5302.171, 5302.222,	34
5309.13, 5309.41, 5309.64, 5715.701, 5719.04, 5721.35, 5747.451,	35
and 5815.15 of the Revised Code be amended to read as follows:	36

Sec. 135.807. (A) A property tax payment linked deposit	37
program shall provide for the delivery of a lien certificate to an	38
eligible lending institution making payment to the county	39
treasurer, pursuant to a loan agreement between the eligible	40
lending institution and eligible borrower, of some or all of the	41
taxes then due on the homestead of that eligible borrower.	42

(B)(1) To ensure uniformity among all counties, the tax	43
commissioner shall prescribe the form for a lien certificate	44
delivered pursuant to division (A) of this section, which form	45
shall include the identity of the homestead, the eligible	46
borrower, the eligible lending institution, the amount of taxes	47
paid by that eligible lending institution, and the tax year for	48
which the taxes were paid. The tax commissioner shall distribute	49
the forms to the county treasurers of all counties in which a	50
property tax payment linked deposit program is established.	51

(2) A county treasurer shall use the lien certificate form	52
prescribed by the tax commissioner, except that, prior to the time	53
that a lien certificate form is prescribed and the forms are	54
distributed by the tax commissioner, the form shall be prepared by	55
the county treasurer of the county, contain the information	56
required by division (B)(1) of this section, and include the	57
following sentence: "This lien certificate is delivered pursuant	58
to section 135.807 of the Revised Code and vests in the eligible	59
lending institution the first lien held previously by the state	60
and its taxing districts for the amount of taxes paid by the	61
eligible lending institution, together with any and all unpaid	62
interest thereon."	63

(C)(1) The delivery of the lien certificate pursuant to	64
division (A) of this section vests in the eligible lending	65
institution the first lien held previously by the state and its	66
taxing districts for the amount of the taxes paid by the eligible	67
lending institution, together with any unpaid interest thereon	68
from the date of delivery at the interest rate specified in the	69
loan agreement between the eligible lending institution and the	70
eligible borrower. The lien is superior to any subsequent tax	71
liens.	72

(2) Subject to division (C)(3) of this section, the lien	73
certificate delivered pursuant to division (A) of this section is	74
superior to all other liens and encumbrances upon the homestead	75
described in that lien certificate, and the lien continues in full	76
force and effect until the amount of all taxes paid by the	77
eligible lending institution, together with any unpaid interest	78
thereon, has been repaid to the eligible lending institution.	79

(3) With respect to the priority as among first liens of the	80
state and its taxing districts, the priority is determined by the	81
date that the first liens of the state and its taxing districts	82
attached pursuant to section 323.11 of the Revised Code, with	83
first priority to the earliest attached lien and each immediately	84
subsequent priority based upon the next earliest attached lien.	85

(D) The eligible lending institution may record the lien	86
certificate or memorandum thereof as a mortgage on the land in the	87
office of the county recorder of the county in which the homestead	88
is situated. The county recorder shall record the certificate in	89
the ~~record of mortgages~~official records provided for in ~~division~~	90
~~(B) of~~ section 317.08 of the Revised Code and shall index the	91
certificate in the indexes provided for under section 317.18 of	92
the Revised Code. If the lien subsequently is canceled, the	93
cancellation also shall be recorded by the county recorder. When a	94
loan is repaid in full, the eligible financial institution shall	95
promptly record the full payment and cancel or otherwise release	96
the lien. On repayment of the loan in full, the lien certificate	97
shall be null and void.	98

Sec. 149.52. As used in this section, "archaeological site"	99
means any mounds, earthworks, burial or settlement sites, or other	100
place where evidence of prehistoric or early historic settlement	101
or occupation lies on or below the surface of the ground.	102

The Ohio historical society may accept articles dedicating as	103
preserves real property upon which significant archaeological	104
sites are located, if funds and services are available for their	105
preservation and protection.	106

An archaeological preserve is established when articles of	107
dedication have been filed by or at the direction of the owner of	108
site, or a governmental agency having ownership or control	109
thereof, in the office of the county recorder of the county in	110
which the site is located.	111

Articles of dedication shall be executed by the owner of the	112
land in the same manner and with the same effect as a deed or	113
conveyance of an interest in real property and shall be	114
irrevocable except as provided in this section. The county	115
recorder may not accept articles of dedication for recording	116
unless they have been accepted by the director of the Ohio	117
historical society. The articles shall be recorded in the ~~county~~	118
~~record of deeds~~official records of the county recorder. The	119
director may not accept articles of dedication unless they contain	120
terms restricting the use of the property which adequately provide	121
for its preservation and protection, for restoration where	122
appropriate, and for archaeological research and study. Whenever	123
possible and consistent with such purposes, the articles shall	124
provide for public access in order that the maximum benefit be	125
obtained.	126

Articles of dedication may contain provisions for the	127
management, custody, and transfer to the state or the society of	128
real property or any estate, or right therein, provisions defining	129
the rights of the owner or operating agency and of the society and	130
its agents, and such other provisions as may be necessary or	131
advisable to carry out the uses and purposes for which the	132
property is dedicated. They may contain conditions under which the	133
owner and the society may agree to rescind the articles.	134

The attorney general, upon request of the director, may bring	135
an action for injunction in any court of competent jurisdiction to	136
enforce the terms of articles of dedication.	137

The director may make or accept amendments of any articles of	138
dedication upon terms and conditions that are consistent with the	139
purposes for which the preserve is dedicated. If the fee simple	140
interest in the property is not held by the society, no amendments	141
shall be made without the written consent of the owner. Each	142
amendment shall be recorded in the same manner as the articles of	143
dedication.	144

Archaeological preserves dedicated under this section shall	145
not be taken for any other use or purpose except another public	146
use or purpose after a finding by a court orof common pleas of	147
the existence of an imperative and unavoidable public necessity	148
for such other public use or purpose.	149

All departments, agencies, units, instrumentalities, and	150
political subdivisions of the state, including counties,	151
townships, municipal corporations, park districts, conservancy	152
districts, universities, colleges, and school districts, may	153
dedicate real property under their jurisdiction as archaeological	154
preserves in accordance with this section.	155

No person shall violate any terms or conditions of the	156
articles of dedication of an archaeological preserve. No person	157
shall sell, offer for sale, or possess any artifacts or skeletal	158
remains removed without privilege to do so from an archaeological	159
preserve dedicated under this section. Whoever violates this	160
section is guilty of a misdemeanor of the second degree. Whoever	161
violates or threatens to violate this section may be enjoined from	162
violation.	163

Sec. 317.02. Before entering upon the duties of ~~his~~ office,	164
the county recorder shall give a bond, conditioned for the	165
faithful discharge of the duties ~~of his office~~, signed by a	166
bonding or surety company authorized to do business in this state,	167
or, at ~~his~~the recorder's option, by two or more freeholders	168
having real estate in the value of double the amount of the bond	169
over and above all encumbrances to the state in the sum of not	170
less than ten thousand dollars, the surety company and the amount	171
of the bond to be approved by the board of county commissioners.	172
The expense or premium for ~~such~~the bond shall be paid by the	173
board and charged to the general fund of the county. ~~Such~~The	174
bond, with the oath of office required by sections 3.22 and 3.23	175
of the Revised Code, and by Section 7 of Article XV, Ohio	176
Constitution, and the approval of the board indorsed thereon,	177
shall be deposited with the county treasurer.	178

Sec. 317.04. The county recorder shall keep a seal of	179
office, to be procured at the expense of the county, which hethe	180
county recorder shall affix to all ~~his~~ certificates attached to	181
copies of records.	182

Sec. 317.05. The county recorder may appoint deputies to aid	183
~~him~~ in the performance of ~~his~~the county recorder's duties. Such	184
an appointment or removal shall be in writing and filed with the	185
county treasurer. The county recorder and ~~his~~the recorder's	186
sureties shall be responsible for ~~his~~the deputies' neglect of	187
duty or misconduct in office. Before entering upon the discharge	188
of their duties ~~such~~, the deputies shall take the oath of office	189
as prescribed in section 317.02 of the Revised Code.	190

Sec. 317.07. ~~On going out of~~Upon leaving office, each	191
county recorder shall deliver to ~~his~~the county recorder's	192
successor, the seal of office, all books, records, and other	193
instruments of writing belonging to the office, and take ~~his~~the	194
successor's receipt for them. In case of the county recorder's	195
death ~~of the recorder~~, ~~his~~the county recorder's personal	196
representatives shall deliver ~~such~~the seal, books, records, and	197
~~papers~~instruments to ~~his~~the successor in office.	198

Sec. 317.08. (A) ~~Except as provided in divisions (C), (D),~~	199
~~and (E) of this section, the~~The county recorder shall ~~keep six~~	200
~~separate sets of records as follows~~record all instruments in one	201
general record series to be known as the "official records." The	202
county recorder shall record in the official records all of the	203
following instruments that are presented for recording, upon	204
payment of the fees prescribed by law:	205

(1) ~~A record of deeds, in which shall be recorded all deeds~~	206
Deeds and other instruments of writing for the absolute and	207
unconditional sale or conveyance of lands, tenements, and	208
hereditaments; ~~all notices~~	209

(2) Notices as provided in sections 5301.47 to 5301.56 of the	210
Revised Code; ~~all judgments~~	211

(3) Judgments or decrees in actions brought under section	212
5303.01 of the Revised Code; ~~all declarations~~	213

(4) Declarations and bylaws, and all amendments to	214
declarations and bylaws, as provided in Chapter 5311. of the	215
Revised Code; ~~affidavits~~	216

(5) Affidavits as provided in sections 5301.252 and 5301.56	217
of the Revised Code; ~~all certificates~~	218

(6) Certificates as provided in section 5311.17 of the	219
Revised Code; ~~all articles~~	220

(7) Articles dedicating archaeological preserves accepted by	221
the director of the Ohio historical society under section 149.52	222
of the Revised Code; ~~all articles~~	223

(8) Articles dedicating nature preserves accepted by the	224
director of natural resources under section 1517.05 of the Revised	225
Code; ~~all agreements~~	226

(9) Agreements for the registration of lands as	227
archaeological or historic landmarks under section 149.51 or	228
149.55 of the Revised Code; ~~all conveyances~~	229

(10) Conveyances of conservation easements and agricultural	230
easements under section 5301.68 of the Revised Code; ~~all~~	231
~~instruments~~	232

(11) Instruments extinguishing agricultural easements under	233
section 901.21 or 5301.691 of the Revised Code or pursuant to the	234
terms of such an easement granted to a charitable organization	235
under section 5301.68 of the Revised Code; ~~all instruments~~	236

(12) Instruments or orders described in division (B)(2)(b) of	237
section 5301.56 of the Revised Code; ~~all no~~	238

(13) No further action letters issued under section 122.654	239
or 3746.11 of the Revised Code; ~~all covenants~~	240

(14) Covenants not to sue issued under section 3746.12 of the	241
Revised Code, including all covenants not to sue issued pursuant	242
to section 122.654 of the Revised Code; ~~any restrictions~~	243

(15) Restrictions on the use of property contained in a no	244
further action letter issued under section 122.654 of the Revised	245
Code, ~~any~~ restrictions on the use of property identified pursuant	246
to division (C)(3)(a) of section 3746.10 of the Revised Code, and	247
~~any~~ restrictions on the use of property contained in a deed or	248
other instrument as provided in division (E) or (F) of section	249
3737.882 of the Revised Code; ~~any~~	250

(16) Any easement executed or granted under section 3734.22,	251
3734.24, 3734.25, or 3734.26 of the Revised Code; ~~any~~	252

(17) Any environmental covenant entered into in accordance	253
with sections 5301.80 to 5301.92 of the Revised Code; ~~all~~	254
~~memoranda~~	255

(18) Memoranda of trust, as described in division (A) of	256
section 5301.255 of the Revised Code, that describe specific real	257
property; ~~and all agreements~~	258

(19) Agreements entered into under ~~division (A) of~~ section	259
1506.44 of the Revised Code;	260

~~(2) A record of mortgages, in which shall be recorded all of~~	261
~~the following:~~	262

~~(a) All mortgages~~(20) Mortgages, including amendments,	263
supplements, modifications, and extensions of mortgages, or other	264
instruments of writing by which lands, tenements, or hereditaments	265
are or may be mortgaged or otherwise conditionally sold, conveyed,	266
affected, or encumbered;	267

~~(b) All executory~~(21) Executory installment contracts for	268
the sale of land executed after September 29, 1961, that by their	269
terms are not required to be fully performed by one or more of the	270
parties to them within one year of the date of the contracts;	271

~~(c) All options~~(22) Options to purchase real estate,	272
including supplements, modifications, and amendments of the	273
options, but no option of that nature shall be recorded if it does	274
not state a specific day and year of expiration of its validity;	275

~~(d)~~(23) Any tax certificate sold under section 5721.33 of	276
the Revised Code, or memorandum of it, that is presented for	277
filing of record.	278

~~(3) A record of powers~~;

279

(24) Powers of attorney, including all memoranda of trust, as	280
described in division (A) of section 5301.255 of the Revised Code,	281
that do not describe specific real property;	282

~~(4) A record of plats, in which shall be recorded all plats~~	283
(25) Plats and maps of town lots, of the subdivision of town lots,	284
and of other divisions or surveys of lands, any center line survey	285
of a highway located within the county, the plat of which shall be	286
furnished by the director of transportation or county engineer,	287
and all drawings and amendments to drawings, as provided in	288
Chapter 5311. of the Revised Code;	289

(5) ~~A record of leases, in which shall be recorded all leases~~	290
(26) Leases, memoranda of leases, and supplements, modifications,	291
and amendments of leases and memoranda of leases;	292

~~(6) A record of declarations~~(27) Declarations executed	293
pursuant to section 2133.02 of the Revised Code and durable powers	294
of attorney for health care executed pursuant to section 1337.12	295
of the Revised Code;	296

(28) Unemployment compensation liens, internal revenue tax	297
liens, and other liens in favor of the United States as described	298
in division (A) of section 317.09 of the Revised Code, personal	299
tax liens, mechanic's liens, agricultural product liens, notices	300
of liens, certificates of satisfaction or partial release of	301
estate tax liens, discharges of recognizances, excise and	302
franchise tax liens on corporations, broker's liens, and liens	303
provided for in section 1513.33, 1513.37, 3752.13, 4141.23,	304
5111.022, or 5311.18 of the Revised Code; and	305

(29) Corrupt activity lien notices filed pursuant to section	306
2923.36 of the Revised Code and medicaid fraud lien notices filed	307
pursuant to section 2933.75 of the Revised Code.	308

(B) All instruments or memoranda of instruments entitled to	309
record shall be recorded in the ~~proper record in the~~ order in	310
which they are presented for ~~record~~recording. ~~The recorder may~~	311
~~index, keep, and record in one volume unemployment compensation~~	312
~~liens, internal revenue tax liens and other liens in favor of the~~	313
~~United States as described in division (A) of section 317.09 of~~	314
~~the Revised Code, personal tax liens, mechanic's liens,~~	315
~~agricultural product liens, notices of liens, certificates of~~	316
~~satisfaction or partial release of estate tax liens, discharges of~~	317
~~recognizances, excise and franchise tax liens on corporations,~~	318
~~broker's liens, and liens provided for in sections 1513.33,~~	319
~~1513.37, 3752.13, 5111.022, and 5311.18 of the Revised Code.~~	320

The recording of an option to purchase real estate, including	321
any supplement, modification, and amendment of the option, under	322
this section shall serve as notice to any purchaser of an interest	323
in the real estate covered by the option only during the period of	324
the validity of the option as stated in the option.	325

(C) In ~~lieu of keeping the six separate sets of~~addition to	326
the official records ~~required in divisions (A)(1) to (6) of this~~	327
~~section and the records required in divisions (D) and (E) of this~~	328
~~section~~, a county recorder may ~~record all the instruments required~~	329
~~to be recorded by this section in two separate sets of record~~	330
~~books. One set shall be called the "official records" and shall~~	331
~~contain the instruments listed in divisions (A)(1), (2), (3), (5),~~	332
~~and (6) and (D) and (E) of this section. The second~~elect to keep	333
a separate set of records ~~shall~~that contain the instruments	334
listed in division (A)~~(4)~~(25) of this section.	335

(D) ~~Except as provided in division (C) of this section, the~~	336
~~county recorder shall keep a separate set of records containing~~	337
~~all corrupt activity lien notices filed with the recorder pursuant~~	338
~~to section 2923.36 of the Revised Code and a separate set of~~	339
~~records containing all medicaid fraud lien notices filed with the~~	340
~~recorder pursuant to section 2933.75 of the Revised Code.~~	341

~~(E)(1) The~~As part of the official records, the county	342
recorder shall keep a separate set of records containing all	343
transfers, conveyances, or assignments of any type of tangible or	344
intangible personal property or any rights or interests in that	345
property if and to the extent that any person wishes to record	346
that personal property transaction and if the applicable	347
instrument is acknowledged before a notary public. If the	348
transferor is a natural person, the notice of personal property	349
transfer shall be recorded in the county in this state in which	350
the transferor maintains the transferor's principal residence. If	351
the transferor is not a natural person, the notice of personal	352
property transfer shall be recorded in the county in this state in	353
which the transferor maintains its principal place of business. If	354
the transferor does not maintain a principal residence or a	355
principal place of business in this state and the transfer is to a	356
trustee of a legacy trust formed pursuant to Chapter 5816. of the	357
Revised Code, the notice of personal property transfer shall be	358
recorded in the county in this state where that trustee maintains	359
a principal residence or principal place of business. In all other	360
instances, the notice of personal property transfer shall be	361
recorded in the county in this state where the property described	362
in the notice is located.	363

~~(2) The records described in division (E)(1) of this section~~	364
~~shall be maintained in or as part of the "official records" under~~	365
~~division (C) of this section.~~	366

Sec. 317.09. (A)(1) Notices of liens for internal revenue	367
taxes, of liens arising under section 107 of the "Comprehensive	368
Environmental Response, Compensation, and Liability Act of 1980,"	369
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other lien	370
in favor of the United States, as provided in the statutes of the	371
United States or in any regulation adopted under those statutes,	372
certificates discharging the liens, and certificates of release of	373
the liens shall be filed for record, by mail or otherwise, in the	374
office of the county recorder of the county in which the property	375
subject to the lien is situated. If a duplicate copy of a notice	376
of a lien or a certificate of discharge or release of a lien is	377
provided, the county recorder shall endorse on the copy the date	378
and hour that the notice or certificate was received for filing	379
and recording and shall return the copy, by mail or otherwise, to	380
the district director of the internal revenue service of the Ohio	381
district from which the notice or certificate originated, the	382
regional administrator of the region of the United States	383
environmental protection agency from which the notice or	384
certificate originated, or the other official of the United States	385
who originated the notice or certificate, whichever is applicable.	386

(2) ~~Except as provided in division (B) of this section, when~~	387
When a notice of a lien in favor of the United States is filed,	388
the county recorder shall ~~enter it in a book or an electronic or~~	389
~~magnetic medium known as the "federal tax and other federal lien~~	390
~~index," in alphabetical order, showing on one line the name and~~	391
~~residence of the person named in the notice, the serial number or~~	392
~~other identifying number of the notice, and the total amount of~~	393
record the lien in the official records provided for in section	394
317.08 of the Revised Code and shall index the lien in the indexes	395
provided for under section 317.18 of the Revised Code. ~~Except as~~	396
~~provided in division (C) of this section, the~~The county recorder	397
shall file and keep all original notices of liens in numerical	398
order. ~~Except as provided in division (C) of this section, when~~	399
When a certificate of discharge or release of any lien in favor of	400
the United States is issued by the proper official of the United	401
States or the official's delegate and is filed for record in the	402
office of the county recorder in which the original notice of the	403
lien is filed, the county recorder shall ~~enter~~record the	404
certificate ~~with the date of filing in the federal tax and other~~	405
~~federal lien index on the line on which the notice of the lien so~~	406
~~discharged or released is entered and permanently attach the~~	407
~~original~~in the official records provided for in section 317.08 of	408
the Revised Code and shall index the certificate of discharge or	409
release ~~to the original notice of the lien~~in the indexes provided	410
for in section 317.18 of the Revised Code.	411

(B) ~~If a county recorder records all instruments in two sets~~	412
~~of record books pursuant to division (C) of section 317.08 of the~~	413
~~Revised Code, notices of liens in favor of the United States and~~	414
~~certificates discharging or releasing those liens that are filed~~	415
~~with the recorder shall be recorded in the "official records" set~~	416
~~of books.~~	417

~~(C)~~ A county recorder may use any nonpaper electronic or	418
magnetic medium specified in section 9.01 of the Revised Code to	419
record the notices of liens and the certificates of discharge or	420
release of liens covered by this section. ~~If any of those mediums~~	421
~~is used, an "original notice," for purposes of this section, shall~~	422
~~mean the notice as originally recorded by the nonpaper electronic~~	423
~~or magnetic medium, and the recorder, instead of permanently~~	424
~~attaching an original certificate of discharge or release to the~~	425
~~original notice, shall otherwise clearly indicate on the original~~	426
~~notice that it has been discharged or released by the particular~~	427
~~certificate.~~ If ~~such a~~the county recorder wishes to dispose of	428
paper versions of the notices and certificates covered by this	429
section because they are no longer needed in that format, the	430
county recorder shall request the county records commission to	431
revise the county's schedule of records retention and disposal in	432
accordance with section 149.38 of the Revised Code to provide for	433
the disposal of those paper records.	434

~~(D)~~(C) The county recorder shall receive a fee of five	435
dollars for filing and indexing each notice of a lien filed	436
pursuant to this section and shall receive a fee of three dollars	437
for filing and indexing a certificate of discharge or release of	438
the lien. The fees provided for in this division shall be	439
collected at the time that the notice or certificate is presented	440
in the office of the county recorder.	441

Sec. 317.10. The county recorder shall record any certified	442
copy of any matter in reference to bankruptcy, which any act of	443
congress provides for, as being necessary to be filed in the	444
county wherein lands of the bankrupt are situated, in order to be	445
notice of such bankruptcy. Such a certified copy shall be recorded	446
in the ~~record of deeds~~official records and indexed in the same	447
manner as deeds, in the name of the bankrupt as grantor, and in	448
the name of the trustee in bankruptcy, or receiver, as grantee.	449
The county recorder shall be paid the same fees for recording such	450
a certified copy as is provided in section 317.32 of the Revised	451
Code.	452

Sec. 317.111. No instrument by which the title to real	453
estate or personal property, or any interest therein or lien	454
thereon, is conveyed, created, encumbered, assigned, or otherwise	455
disposed of, shall be received for record or filing by the county	456
recorder unless the name of the person who, and governmental	457
agency, if any, ~~which,~~that prepared ~~such~~the instrument appears	458
~~at the conclusion of such~~upon the instrument, and ~~such~~the name	459
is either printed, typewritten, stamped, or signed in a legible	460
manner. An instrument is in compliance with this section if it	461
contains a statement in the following form: "This instrument was	462
prepared by (name)."	463

This section does not apply to any instrument executed prior	464
to October 5, 1955, nor to the following: any decree, order,	465
judgment, or writ of any court; any will or death certificate; any	466
instrument executed or acknowledged outside of this state.	467

Sec. 317.112. (A) Each instrument and its contents by which	468
the title to real estate or personal property, or by which any	469
interest in or lien on real estate or personal property, is	470
conveyed, created, encumbered, assigned, discharged, canceled, or	471
otherwise disposed of, and that is presented to the county	472
recorder for recording or filing ~~shall satisfy each of the~~	473
~~following requirements:~~	474

~~(1) The instrument~~ shall be of a quality ~~of paper~~ that	475
permits the legible reproduction of the instrument ~~by photographic~~	476
~~or microphotograpic processes;~~	477

~~(2) The~~, and the contents of the instrument shall be	478
sufficiently legible to permit their reproduction by photographic	479
or microphotographic processes.	480

(B)(1) If an instrument that is described in division (A) of	481
this section and that is presented for recording or filing does	482
not satisfy ~~each of~~ the requirements of that division, the county	483
recorder ~~may~~, prior to recording or filing the instrument, may	484
require the person who presented the instrument for recording or	485
filing to do either of the following:	486

(a) If the instrument presented was a copy of an original	487
document, to substitute the original document for recording or	488
filing if it satisfies the requirements of division (A) of this	489
section; or	490

(b) To prepare or cause to be prepared, and present for	491
recording or filing a true copy of the instrument, which true copy	492
shall be handwritten or typewritten, satisfy the requirements of	493
division (A) of this section, and contain a certification of the	494
person who prepared the true copy that it is a true copy of the	495
instrument.	496

(2) The county recorder shall attach a true copy of an	497
instrument that is presented for recording or filing pursuant to	498
division (B)(1)(b) of this section to the instrument that was	499
presented for recording or filing.	500

(3) The notice that is imparted by the recording or filing of	501
an instrument is not affected if the county recorder accepts an	502
instrument for recording or filing that subsequently is found not	503
to satisfy ~~each of~~ the requirements of division (A) of this	504
section.	505

(C) This section does not apply to wills or death	506
certificates.	507

Sec. 317.12. Upon the presentation of a deed or other	508
instrument of writing for record, the county recorder shall	509
indorse thereon the date, the precise time of its presentation,	510
and a file number. ~~Such~~The file numbering shall be consecutive	511
and in the order in which the instrument of writing is received	512
for record, except financing statements, which ~~shall~~may have a	513
separate series of file numbers and may be filed separately, as	514
provided by sections 1309.501 to 1309.527 of the Revised Code.	515
~~Until recorded, each instrument shall be kept on file in the same~~	516
~~numerical order, for easy reference. If required, the recorder~~	517
~~shall, without fee, give to the person presenting such instrument~~	518
~~a receipt naming the parties thereto, the date thereof, and a~~	519
~~brief description of the premises.~~ When a deed or other instrument	520
is recorded, the county recorder shall indorse on it the time when	521
recorded, and the number or letter and page of the ~~book~~official	522
records in which it is recorded.	523

Sec. 317.13. (A) Except as otherwise provided in division	524
(B) of this section, the county recorder shall record in the	525
~~proper record~~official records, in legible handwriting,	526
typewriting, or printing, or by any authorized photographic or	527
electronic process, all deeds, mortgages, plats, or other	528
instruments of writing that are required or authorized by the	529
Revised Code to be recorded and that are presented to the county	530
recorder for that purpose. The county recorder shall record the	531
instruments in regular succession, according to the priority of	532
presentation, and shall enter the file number at the beginning of	533
the record. On the record of each instrument, the county recorder	534
shall record the date and precise time the instrument was	535
presented for record. All records made, prior to July 28, 1949, by	536
means authorized by this section or by section 9.01 of the Revised	537
Code shall be deemed properly made.	538

(B) The county recorder may refuse to record an instrument of	539
writing presented ~~to the recorder~~ for recording if the instrument	540
is not required or authorized by the Revised Code to be recorded	541
or the county recorder has reasonable cause to believe the	542
instrument is materially false or fraudulent. This division does	543
not create a duty upon a recorder to inspect, evaluate, or	544
investigate an instrument of writing that is presented for	545
recording.	546

(C) If a person presents an instrument of writing to the	547
county recorder for recording and the county recorder, pursuant to	548
division (B) of this section, refuses to record the instrument,	549
the person ~~may commence an action in or apply~~has a cause of	550
action for an order from the court of common pleas in the county	551
that the county recorder serves, to require the county recorder to	552
record the instrument. If the court determines that the instrument	553
is required or authorized by the Revised Code to be recorded and	554
is not materially false or fraudulent, it shall order the county	555
recorder to record the instrument.	556

Sec. 317.15. When a deed or other instrument of writing for	557
the sale, conveyance, or encumbrance of lands, tenements, or	558
hereditaments, situated within this state, has been recorded in	559
the ~~proper~~official records of a county of the state, other than	560
the county in which they are situated, whether or not the county	561
in which ~~such~~the instrument is recorded ever comprised a part of	562
the territory in which ~~such~~the lands, tenements, and	563
hereditaments are situated, any person interested therein may	564
procure, from the official records of the county in which the	565
instrument is recorded, a certified copy of ~~such~~the record from	566
the county recorder, with ~~his~~the seal of office affixed thereto,	567
and cause it to be recorded in the county where such lands,	568
tenements, or hereditaments lie, in the manner provided by section	569
5301.25 of the Revised Code. In making such a record, the	570
certificate shall have the same validity and legal effect as the	571
record of other deeds and instruments of writing.	572

Sec. 317.17. When directed by the board of county	573
commissioners to do so, the county recorder may transcribe in	574
~~suitable books~~the official records provided for that purpose,	575
from the records of other counties, all deeds, mortgages, powers	576
of attorney, and other instruments of writing, for the sale,	577
conveyance, or encumbrance of lands, tenements, or hereditaments	578
situated within ~~his~~the county recorder's county. When	579
transcribed, ~~such~~those records shall be part of the records of	580
the county and have the same legal effect as other records of	581
instruments of like kind recorded originally in ~~his~~the county	582
recorder's office. Copies of ~~such~~those records shall be received	583
in evidence in the same manner and with the same effect as	584
original records of like instruments.	585

Sec. 317.18. ~~At the beginning of each day's business, the~~	586
The county recorder shall make and keep up ~~general alphabetical~~	587
~~indexes,~~ direct and reverse,indexes of all the names of both	588
parties to all instruments previously received for record by ~~him~~	589
the county recorder. ~~The volume and page where each such~~	590
~~instrument is recorded may be omitted until it is actually~~	591
~~recorded if the file number is entered in place of the volume or~~	592
~~page.~~ The indexes shall show the kind of instrument, the range,	593
township, and section or the survey number and number of acres, or	594
the permanent parcel number provided for under section 319.28 of	595
the Revised Code, or the lot and sublot number and the part	596
thereof, all as the case requires, of each tract, parcel, or lot	597
of land described in any such instrument. The name of each grantor	598
shall be entered in the direct index ~~under the appropriate letter,~~	599
~~followed on the same line by~~, and the name of ~~the~~each grantee,	600
~~or, if there is more than one grantee, by the name of the first~~	601
~~grantee followed by "and others" or its equivalent. The name of~~	602
~~each grantee~~ shall be entered in the reverse index ~~under the~~	603
~~appropriate letter, followed on the same line by the name of the~~	604
~~grantor, or, if there is more than one grantor, by the name of the~~	605
~~first grantor followed by "and others" or its equivalent~~.	606

As to notices of claims filed in accordance with sections	607
5301.51, 5301.52, and 5301.56 of the Revised Code, there shall be	608
entered in the reverse index ~~under the appropriate letter~~ the name	609
of each claimant, followed ~~on the same line~~ by the name of the	610
present owner of title against whom the claim is asserted, if the	611
notice contains the name of the present owner; or, if the notice	612
contains the names of more than one such owner, there shall be	613
entered the name of the first owner followed by "and others" or	614
its equivalent.	615

~~In all cases of deeds, mortgages, or other instruments made~~	616
~~by any sheriff, master commissioner, marshal, auditor, executor,~~	617
~~administrator, trustee, or other officer, for the sale,~~	618
~~conveyance, or encumbrance of any lands, tenements, or~~	619
~~hereditaments, and recorded in the recorder's office, the recorder~~	620
~~shall index the parties to such instrument under their appropriate~~	621
~~letters, respectively, as follows:~~	622

~~(A) The names of the persons represented by such officer as~~	623
~~owners of the lands, tenements, or hereditaments described in any~~	624
~~such instruments;~~	625

~~(B) The official designation of the officer by whom such~~	626
~~instrument was made;~~	627

~~(C) The individual names of the officers by whom such~~	628
~~instrument was made.~~	629

~~In all cases of instruments filed in accordance with Chapter~~	630
~~5311. of the Revised Code, the name of each owner shall be entered~~	631
~~in the direct index, under the appropriate letter, followed on the~~	632
~~same line by the name of the condominium property, and the name of~~	633
~~the condominium property shall be entered in the reverse index~~	634
~~under the appropriate letter followed on the same line by the name~~	635
~~of the owner of the property, or, if the instrument contains the~~	636
~~names of more than one owner, there shall be entered the name of~~	637
~~the first owner followed by "and others" or its equivalent.~~	638

~~Any general alphabetical index shall be commenced in~~	639
~~conformity to this section, and whenever~~Whenever, in the opinion	640
of the board of county commissioners, it becomes necessary to	641
transcribe, on account of its worn out or incomplete condition,	642
any volume of an index in use, such volume shall be revised and	643
transcribed to conform with this section; except that in counties	644
having a sectional index in conformity with section 317.20 of the	645
Revised Code, such transcript shall be only a copy of the	646
original.	647

Sec. 317.19. The county recorder shall keep a daily register	648
of deeds ~~and a daily register of~~and mortgages, in which he shall	649
~~note~~be noted, as soon as filed, in alphabetical order according	650
to the names of the grantors, respectively, all deeds and	651
mortgages affecting real estate, filed in ~~his~~the county	652
recorder's office. HeThe county recorder shall keep ~~such~~the	653
register in ~~his~~the county recorder's office, and it shall be open	654
to the inspection of the public during business hours. The county	655
recorder may destroy ~~such~~the daily register after the expiration	656
of a period of ten years from the date of the last entry in ~~such~~	657
the register.	658

Sec. 317.20. (A) When, in the opinion of the board of county	659
commissioners, sectional indexes are needed and it so directs, in	660
addition to the ~~alphabetical~~ indexes provided for in section	661
317.18 of the Revised Code, the board may provide for making, in	662
books prepared for that purpose, sectional indexes to the records	663
of all real estate in the county beginning with some designated	664
year and continuing through the period of years that the board	665
specifies. The sectional indexes shall place under the heads of	666
the original surveyed sections or surveys, parts of a section or	667
survey, squares, subdivisions, permanent parcel numbers provided	668
for under section 319.28 of the Revised Code, or lots, on the	669
left-hand page or on the upper portion of that page of the index	670
book, the name of the grantor, then the name of the grantee, then	671
the number and page of the record in which the instrument is found	672
recorded, then the character of the instrument, and then a	673
pertinent description of the interest in property conveyed by the	674
deed, lease, or assignment of lease, and shall place under similar	675
headings on the right-hand page or on the lower portion of that	676
page of the index book, beginning at the bottom, all the	677
mortgages, liens, notices provided for in sections 5301.51,	678
5301.52, and 5301.56 of the Revised Code, or other encumbrances	679
affecting the real estate.	680

(B) The compensation for the services rendered under this	681
section shall be paid from the general revenue fund of the county,	682
and no additional levy shall be made in consequence of the	683
services.	684

(C) If the board of county commissioners decides to have	685
sectional indexes made, it shall advertise for three consecutive	686
weeks in one newspaper of general circulation in the county or as	687
provided in section 7.16 of the Revised Code for sealed proposals	688
to do the work provided for in this section, shall contract with	689
the lowest and best bidder, and shall require the successful	690
bidder to give a bond for the faithful performance of the contract	691
in the sum that the board fixes. The work shall be done to the	692
acceptance of the auditor of state upon allowance by the board.	693
The board may reject any and all bids for the work, provided that	694
no more than five cents shall be paid for each entry of each tract	695
or lot of land.	696

(D) When the sectional indexes are brought up and completed,	697
the county recorder shall maintain the indexes and comply with	698
division (E) of this section in connection with registered land.	699

(E)(1) As used in division (E) of this section, "housing	700
accommodations" and "restrictive covenant" have the same meanings	701
as in section 4112.01 of the Revised Code.	702

(2) In connection with any transfer of registered land that	703
occurs on and after March 30, 1999, in accordance with Chapters	704
5309. and 5310. of the Revised Code, the county recorder shall	705
delete from the sectional indexes maintained under this section	706
all references to any restrictive covenant that appears to apply	707
to the transferred registered land, if any inclusion of the	708
restrictive covenant in a transfer, rental, or lease of housing	709
accommodations, any honoring or exercising of the restrictive	710
covenant, or any attempt to honor or exercise the restrictive	711
covenant constitutes an unlawful discriminatory practice under	712
division (H)(9) of section 4112.02 of the Revised Code.	713

Sec. 317.22. No deed of absolute conveyance of land or any	714
conveyance, absolute or otherwise, of minerals or mineral rights	715
shall be recorded by the county recorder until:	716

(A) The conveyance presented to the county recorder bears the	717
stamp of the county auditor stating the conveyance has been	718
examined and the grantor has complied with section 319.202 of the	719
Revised Code;	720

(B) Such conveyance has been presented to the county auditor,	721
and by the county auditor indorsed "transferred," or "transfer not	722
necessary."	723

Before any real estate, the title to which has passed under	724
the laws of descent, is transferred from the name of the ancestor	725
to the heir at law or next of kin of such ancestor, or to any	726
grantee of such heir or next of kin; and before any deed or	727
conveyance of real estate made by any such heir or next of kin is	728
presented to or filed for record by the recorder, the heir or next	729
of kin, or that person's grantee, agent, or attorney shall present	730
to the auditor the affidavit of such heir or next of kin, or of	731
two persons resident of this state, each of whom has personal	732
knowledge of the facts. Such affidavit shall set forth the date of	733
the ancestor's death, and the place of residence at the time of	734
death; the fact that the ancestor died intestate; the names, ages,	735
and addresses, so far as known and can be ascertained, of each of	736
such ancestor's heirs at law and next of kin, who, by the	737
ancestor's death, inherited such real estate, the relationship of	738
each to the ancestor, and the part or portion of such real estate	739
inherited by each. Such transfers shall be made by the auditor in	740
accordance with the statement contained in the affidavit, and the	741
auditor shall indorse upon the deed or conveyance the fact that	742
such transfer was made by affidavit. The affidavit shall be filed	743
with the county recorder of the county in which such real estate	744
is situated, at or before the time such deed or conveyance is	745
filed with the county recorder, and shall be recorded by the	746
county recorder of the county in the ~~record of deeds~~official	747
records and indexed in the ~~general index of deeds~~direct and	748
reverse indexes in the county recorder's office, in the name of	749
such ancestor as grantor and of each such heir or next of kin as	750
grantee, in the same manner as if such names occurred in a deed of	751
conveyance from the ancestor to such heirs at law. The county	752
recorder shall receive the same fees for such indexing and	753
recording as provided by section 317.32 of the Revised Code.	754

(C) The record of such affidavit shall, in the trial of any	755
cause, so far as competent, be prima-facie evidence.	756

(D) No county recorder shall record a conveyance if the	757
indorsement, indorsements, or stamps of indorsement of a county	758
auditor indicating compliance with section 319.202 of the Revised	759
Code on the conveyance are in whole or in part defaced, illegible,	760
or incomplete.	761

Sec. 317.26. Upon the presentation of any instrument of	762
writing for filing or record, the county recorder shall indorse	763
thereon the fee ~~charged by him~~ for filing or recording ~~such~~the	764
instrument~~, and also enter such fee upon the margin of the folio~~	765
~~upon which the filing or recording of such instrument is entered~~.	766

Sec. 317.28. No county recorder, and no deputy, or employee	767
of ~~such~~the county recorder, shall take the acknowledgement of any	768
instrument required to be filed or recorded in ~~his~~the county	769
recorder's office.	770

Sec. 317.29. When the records in the county recorder's	771
office, or any part of them, become defaced or injured, the	772
recorder, when directed to do so by the board of county	773
commissioners, shall transcribe them into new books or on other	774
media, which shall be as valid as the original record, and	775
transcripts from the new books or other media shall be received	776
and taken as of the same force and effect.	777

Sec. 317.31. When any instrument or record mentioned in	778
section 317.30 of the Revised Code is presented to the county	779
recorder or other proper custodian of such records, hethe county	780
recorder or other custodian shall forthwith record and index it in	781
the same manner as provided for in the original recording. A	782
competent person shall compare such record with the instrument so	783
recorded, and, if correctly recorded, certify on the margin of the	784
page upon which ~~such~~the record has been made the correctness of	785
it.	786

Sec. 317.32. The county recorder shall charge and collect	787
the following fees, to include, except as otherwise provided in	788
division (A)(2) of this section, base fees for the recorder's	789
services and housing trust fund fees collected pursuant to section	790
317.36 of the Revised Code:	791

(A)(1) Except as otherwise provided in division (A)(2) of	792
this section, for recording and indexing an instrument if the	793
photocopy or any similar process is employed, a base fee of	794
fourteen dollars for the first two pages and a housing trust fund	795
fee of fourteen dollars, and a base fee of four dollars and a	796
housing trust fund fee of four dollars for each subsequent page,	797
size eight and one-half inches by fourteen inches, or fraction of	798
a page, including the caption page, of such instrument;	799

(2) For recording and indexing an instrument described in	800
division (E)(1) of section 317.08 of the Revised Code if the	801
photocopy or any similar process is employed, a fee of	802
twenty-eight dollars for the first two pages to be deposited into	803
the county treasury to the credit of the special fund designated	804
as "general fund moneys to supplement the equipment needs of the	805
county recorder" under section 317.321 of the Revised Code, and a	806
fee of eight dollars to be deposited in the same manner for each	807
subsequent page, size eight and one-half inches by fourteen	808
inches, or fraction of a page, including the caption page, of that	809
instrument;	810

(B) For certifying a photocopy from the record previously	811
recorded, a base fee of one dollar and a housing trust fund fee of	812
one dollar per page, size eight and one-half inches by fourteen	813
inches, or fraction of a page; for each certification if the	814
recorder's seal is required, except as to instruments issued by	815
the armed forces of the United States, a base fee of fifty cents	816
and a housing trust fund fee of fifty cents;	817

(C) ~~For manual or typewritten recording of assignment or~~	818
~~satisfaction of mortgage or lease or any other marginal entry, a~~	819
~~base fee of four dollars and a housing trust fund fee of four~~	820
~~dollars;~~	821

~~(D)~~ For entering any marginal reference by separate recorded	822
instrument, a base fee of two dollars and a housing trust fund fee	823
of two dollars for each marginal reference set out in that	824
instrument, in addition to the fees set forth in division (A)(1)	825
of this section;	826

~~(E)~~(D) For indexing in the real estate mortgage records,	827
pursuant to section 1309.519 of the Revised Code, financing	828
statements covering crops growing or to be grown, timber to be	829
cut, minerals or the like, including oil and gas, accounts subject	830
to section 1309.301 of the Revised Code, or fixture filings made	831
pursuant to section 1309.334 of the Revised Code, a base fee of	832
two dollars and a housing trust fund fee of two dollars for each	833
name indexed;	834

~~(F) For recording manually any plat not exceeding six lines,~~	835
~~a base fee of two dollars and a housing trust fund fee of two~~	836
~~dollars, and for each additional line, a base fee of ten cents and~~	837
~~a housing trust fund fee of ten cents;~~	838

~~(G)~~(E) For filing zoning resolutions, including text and	839
maps, in the office of the recorder as required under sections	840
303.11 and 519.11 of the Revised Code, a base fee of twenty-five	841
dollars and a housing trust fund fee of twenty-five dollars,	842
regardless of the size or length of the resolutions;	843

~~(H)~~(F) For filing zoning amendments, including text and maps,	844
in the office of the recorder as required under sections 303.12	845
and 519.12 of the Revised Code, a base fee of ten dollars and a	846
housing trust fund fee of ten dollars regardless of the size or	847
length of the amendments;	848

~~(I)~~(G) For photocopying a document, other than at the time of	849
recording and indexing as provided for in division (A)(1) or (2)	850
of this section, a base fee of one dollar and a housing trust fund	851
fee of one dollar per page, size eight and one-half inches by	852
fourteen inches, or fraction thereof;	853

~~(J)~~(H) For local facsimile transmission of a document, a base	854
fee of one dollar and a housing trust fund fee of one dollar per	855
page, size eight and one-half inches by fourteen inches, or	856
fraction thereof; for long distance facsimile transmission of a	857
document, a base fee of two dollars and a housing trust fund fee	858
of two dollars per page, size eight and one-half inches by	859
fourteen inches, or fraction thereof;	860

~~(K)~~(I) For recording a declaration executed pursuant to	861
section 2133.02 of the Revised Code or a durable power of attorney	862
for health care executed pursuant to section 1337.12 of the	863
Revised Code, or both a declaration and a durable power of	864
attorney for health care, a base fee of at least fourteen dollars	865
but not more than twenty dollars and a housing trust fund fee of	866
at least fourteen dollars but not more than twenty dollars.	867

In any county in which the recorder employs the photostatic	868
or any similar process for recording maps, plats, or prints the	869
recorder shall determine, charge, and collect for the recording or	870
rerecording of any map, plat, or print, a base fee of five cents	871
and a housing trust fund fee of five cents per square inch, for	872
each square inch of the map, plat, or print filed for that	873
recording or rerecording, with a minimum base fee of twenty	874
dollars and a minimum housing trust fund fee of twenty dollars;	875
for certifying a copy from the record, a base fee of two cents and	876
a housing trust fund fee of two cents per square inch of the	877
record, with a minimum base fee of two dollars and a minimum	878
housing trust fund fee of two dollars.	879

The fees provided in this section shall be paid upon the	880
presentation of the instruments for record or upon the application	881
for any certified copy of the record, except that the payment of	882
~~fees associated with the filing and recording of, or the copying~~	883
~~of, notices of internal revenue tax liens and notices of other~~	884
~~liens in favor of the United States as described in division (A)~~	885
~~of section 317.09 of the Revised Code and certificates of~~	886
~~discharge or release of those liens, shall be governed by section~~	887
~~317.09 of the Revised Code, and the payment of~~ fees for providing	888
copies of instruments conveying or extinguishing agricultural	889
easements to the office of farmland preservation in the department	890
of agriculture under division (H) of section 5301.691 of the	891
Revised Code shall be governed by that division.	892

Sec. 317.35. (A) The county recorder shall record the plans	893
and drawings filed ~~with him~~ under section 9.56 of the Revised Code	894
and shall make them available for public inspection.	895

(B) For ~~his~~ services provided, the county recorder shall	896
charge for photocopying ten dollars for the first two pages and	897
two dollars for each page thereafter.	898

Sec. 317.36. (A) The county recorder shall collect the low-	899
and moderate-income housing trust fund fee as specified in	900
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23,	901
4509.60, 5111.022, 5310.15, 5719.07, 5727.56, ~~5733.18,~~ 5733.22,	902
6101.09, and 6115.09 of the Revised Code. The amount of any	903
housing trust fund fee the recorder is authorized to collect is	904
equal to the amount of any base fee the recorder is authorized to	905
collect for services. The housing trust fund fee shall be	906
collected in addition to the base fee.	907

(B) The recorder shall certify the amounts collected as	908
housing trust fund fees pursuant to division (A) of this section	909
into the county treasury as housing trust fund fees to be paid to	910
the treasurer of state pursuant to section 319.63 of the Revised	911
Code.	912

Sec. 319.203. Subject to division (B) of section 315.251 of	913
the Revised Code, the county auditor, the county recorder, and the	914
county engineer of each county, by written agreement, shall adopt	915
standards governing conveyances of real property in the county.	916
These standards may include the requirements specified in section	917
315.251 of the Revised Code. The county auditor, county recorder,	918
and county engineer may modify those standards from time to time	919
as they consider necessary or desirable. The standards shall be	920
adopted or modified only after the county auditor, county	921
recorder, and county engineer have held two public hearings, not	922
less than ten days apart, concerning adoption or modification of	923
the standards. The standards shall be available for public	924
inspection during normal business hours at the offices of the	925
county auditor, county recorder, and county engineer.	926

Before the county auditor transfers any conveyance of real	927
property presented to the auditor under section 319.20 or 315.251	928
of the Revised Code, the county auditor shall review the	929
conveyance to determine whether it complies with the standards	930
adopted under this section. The county auditor shall not transfer,	931
and the county recorder shall not record, any conveyance that does	932
not comply with those standards.	933

Sec. 323.43. Each person owning lands may authorize or	934
consent to the payment by another of the taxes levied upon those	935
lands or the surface owner of lands may pay the taxes levied upon	936
coal under the land if the taxes are delinquent, without consent	937
of the owner of the coal. A person paying those taxes shall first	938
obtain from the owner of the lands, except in the case of coal, a	939
certificate of authority to pay them that is signed and	940
acknowledged before an officer authorized to administer oaths. The	941
certificate shall contain an accurate description of the property	942
as shown by the tax duplicate, the amount of the taxes levied on	943
the property, the year for which they were levied, the name of the	944
person authorized to pay them, and the date of the payment of the	945
taxes.	946

If the tax on coal has been paid by the surface owner, the	947
certificate shall contain an accurate description of the property	948
as shown by the tax duplicate, the amount of the taxes levied on	949
the coal, the year for which they were levied, and the date of the	950
payment of the taxes.	951

The person paying those taxes shall file the certificate in	952
the office of the county recorder for record within ten days from	953
the date of the payment of the taxes. When the certificate has	954
been filed, the amount of the tax, with interest at eight per cent	955
per annum from the date of the payment of the tax, shall become a	956
lien upon such real estate in preference to all liens thereafter	957
attaching to the property, and in preference to all pre-existing	958
liens the holders of which have executed and acknowledged that	959
certificate of authority. The money paid, with the interest	960
thereon, may be recovered from the person legally liable for the	961
payment of the tax. An action may be brought by the person paying	962
the tax at any time after the expiration of one year from the date	963
of the payment. If the surface owner has paid taxes on coal under	964
this section, the surface owner may bring an action in foreclosure	965
in the same manner provided by law for the foreclosure of	966
mortgages on land. The surface owner shall have the option after	967
judgment in the foreclosure action to purchase the coal at the	968
appraised amount or to have the coal sold at public sale in	969
accordance with law. The certificate filed with the recorder shall	970
be recorded and canceled in the same manner as mortgages on real	971
estate in ~~a book separately kept and indexed by the recorder for~~	972
~~that purpose, and~~ the official records of the county recorder. The	973
county recorder shall receive the fees prescribed by law for	974
recording real estate mortgages.	975

Sec. 503.13. The petition, map, and order of the board of	976
county commissioners, certified by the county auditor, shall be	977
recorded in the ~~plat book in the office~~official records of the	978
county recorder, and as soon as a record is made, proceedings	979
under sections 503.09 to 503.12~~, inclusive,~~ of the Revised Code,	980
for the erection of a new township shall be complete.	981

Sec. 703.16. The city auditor ~~shall~~, upon the passage by the	982
legislative authority of a resolution surrendering the corporate	983
rights of the city, shall make two certified transcripts of such	984
resolution, one of which shall forthwith be delivered to the	985
county recorder, who shall record it in the ~~proper~~official	986
records ~~in his office~~, and the other shall be forwarded to the	987
secretary of state.	988

Sec. 707.09. The county recorder shall file the transcript	989
or other papers provided by section 707.08 of the Revised Code in	990
~~his~~the county recorder's office, and at the expiration of sixty	991
days thereafter, unless enjoined as provided in section 707.11 of	992
the Revised Code, hethe county recorder shall make a record of	993
the petition, transcript, if any, and map in the ~~proper book of~~	994
official records. HeThe county recorder shall also file a copy of	995
the record with the secretary of state. The county recorder shall	996
preserve in ~~his~~the county recorder's office the original papers	997
or copies of the original papers delivered to ~~him~~the county	998
recorder by the board of county commissioners.	999

The incorporation shall be effective as of the date that the	1000
record is filed with the secretary of state.	1001

Sec. 709.06. If the resolution or ordinance required by	1002
section 709.04 of the Revised Code is an acceptance of the	1003
proposed annexation, the auditor or clerk of the municipal	1004
corporation to which annexation is proposed shall make three	1005
copies, containing the petition, the map or plat accompanying the	1006
petition, a transcript of the proceedings of the board of county	1007
commissioners, and resolutions and ordinances in relation to the	1008
annexation, with a certificate to each copy that it is correct.	1009
Such certificate shall be signed by the auditor or clerk in ~~his~~	1010
the auditor's or clerk's official capacity, and shall be	1011
authenticated by the seal of the municipal corporation if there is	1012
any. The auditor or clerk shall forthwith deliver one such copy to	1013
the county auditor and one such copy to the county recorder, who	1014
shall ~~make a~~ record ~~thereof~~it in the ~~proper book of~~official	1015
records ~~and file and preserve it~~. The other copy shall be	1016
forwarded by the auditor or clerk to the secretary of state.	1017

Sec. 709.32. Under the direction of the municipal	1018
corporation to which territory is proposed to be annexed, the	1019
auditor or clerk thereof shall make and certify two transcripts of	1020
all the ordinances, abstracts of the returns of the votes, and	1021
other papers relating to annexation, one of which shall be filed	1022
in the ~~office~~official records of the county recorder, ~~who, having~~	1023
~~made a record thereof, shall file and preserve it,~~ and the other	1024
shall be forwarded to the secretary of state.	1025

Sec. 709.38. Upon petition of a majority of the freehold	1026
electors owning lands in any portion of the territory of a	1027
municipal corporation, or, if no freehold electors own land	1028
therein, upon petition of a majority of the owners of lands	1029
therein, accurately described in such petition with an accurate	1030
map or plat thereof, praying to have such portion of territory	1031
detached therefrom, the board of county commissioners, with the	1032
assent of the legislative authority of the municipal corporation	1033
given in an ordinance passed for the purpose, shall detach such	1034
portion of the territory therefrom and attach it to any township	1035
contiguous thereto, or, if the petition so requests, such board	1036
shall erect the territory into a new township, the boundaries of	1037
which need not include twenty-two square miles of territory.	1038

Before any such territory is attached or detached, under this	1039
section, the following requirements shall be met:	1040

(A) The board shall:

1041

(1) Ascertain and apportion the amount of existing	1042
indebtedness of the municipal corporation from which the	1043
detachment is made, which indebtedness shall be assumed and paid	1044
by the township contiguous thereto and to which the territory is	1045
attached, or by the new township, if a new township is erected, or	1046
by the corporate successors of such township, and such	1047
apportionment shall be made in proportion to the tax duplicate for	1048
the detached territory transferred to a contiguous township	1049
erected into a new township to the total tax duplicate for the	1050
remaining portion of the municipal corporation from which the	1051
detachment is made;	1052

(2) Ascertain, adjust, and divide between the contiguous	1053
township or the new township, if a new township is erected, and	1054
the remaining portion of the municipal corporation all moneys and	1055
other credits belonging to such municipal corporation in the same	1056
proportion as is provided in this section for division and	1057
apportionment of any indebtedness;	1058

(3) Order the amount so adjusted and divided to be paid or	1059
delivered by the parties in possession thereof to the proper	1060
officers of the contiguous township or new township and to the	1061
remaining portion of the municipal corporation.	1062

(B) After such apportionment is made each section of the	1063
original territory by which the indebtedness was incurred shall be	1064
primarily liable for the portion of the indebtedness so	1065
apportioned.	1066

(C) In the issuing of bonds under Chapter 133. of the Revised	1067
Code, and in arriving at the limitations imposed in such sections,	1068
only the portion of the indebtedness apportioned to each section	1069
of territory shall be counted as the net indebtedness.	1070

(D) The petition, map, ordinance, and the order of the board,	1071
certified by the county auditor, shall be recorded in the ~~plat~~	1072
~~book~~official records in the office of the county recorder, and as	1073
soon as such record is made the proceedings shall be complete,	1074
both as to the detaching of such territory from the municipal	1075
corporation and the annexation thereof to the township or the	1076
erection of the territory into the new township, and as to the	1077
apportionment of the indebtedness.	1078

(E) Wherever territory has been detached from a municipal	1079
corporation and attached to a township or created into a new	1080
township, the board of township trustees of such township, or,	1081
~~where~~if such township has become a municipal corporation or been	1082
annexed to any municipal corporation, the legislative authority of	1083
the corporate successor of ~~such~~the township may, by ordinance,	1084
duly passed, contract, through its proper officers, with the	1085
municipal corporation from which the detachment was originally	1086
made, to apportion the indebtedness of the original territory in	1087
the manner provided in this section. Such a contract shall be made	1088
by ordinance or resolution, duly passed by the legislative	1089
authority of the municipal corporation or board of township	1090
trustees, and the effect of ~~such~~the contract shall be the same as	1091
if such apportionment was originally made by the board of county	1092
commissioners, as provided by this section.	1093

Sec. 709.39. The freehold electors owning lands in any	1094
portion of a village, such portion being contiguous to an	1095
adjoining township, and comprising not less than one thousand five	1096
hundred acres of land, may file a petition with the board of	1097
elections in such county requesting that an election be held to	1098
obtain the opinion of the freehold electors owning lands and	1099
residing within such portion of the village upon the question of	1100
the detachment of the portion from such village, or, upon the	1101
question of the detachment of such portion from the village and	1102
the erection of such detached portion into a new township. Such	1103
petition shall contain:	1104

(A) An accurate description of the territory sought to be	1105
detached;	1106

(B) An accurate map or plat thereof;

1107

(C) If the erection of a new township is also sought, the	1108
name proposed for such new township;	1109

(D) The name of a person to act as agent of the petitioners;

1110

(E) Signatures equal in number to fifteen per cent of the	1111
total number of votes cast at the last general election in such	1112
territory.	1113

Within ten days after the filing of such petition with the	1114
board, the board shall determine whether the petition conforms to	1115
this section. If it does not conform, no further action shall be	1116
taken thereon. If it does conform, the board shall order an	1117
election, as prayed for in the petition, which election shall be	1118
held at a convenient place within the territory sought to be	1119
detached, on a day named by the board, which day shall be not less	1120
than ninety days thereafter. The board shall thereupon give ten	1121
days' notice of such election by publication in a newspaper of	1122
general circulation in such territory, and shall cause written or	1123
printed notices thereof to be posted in three or more public	1124
places in such territory. The election shall be conducted in the	1125
manner provided in Title XXXV of the Revised Code, and the judges	1126
and clerks thereof shall be designated by such board.	1127

If no freehold electors own lands in the portion of the	1128
village seeking to be detached, the owners of lands within that	1129
portion may file a petition with the board of county commissioners	1130
requesting that the board proceed with the detachment procedures,	1131
or with procedures for the detachment and erection of the portion	1132
of the village into a new township, pursuant to section 709.38 of	1133
the Revised Code. The petition shall contain the items required in	1134
divisions (A), (B), and (D) of this section, and signatures equal	1135
in number to at least a majority of the owners of land within the	1136
portion of the village seeking to be detached.	1137

The ballots shall contain the words "for detachment," and	1138
"against detachment." If a majority of the ballots cast at such	1139
election are cast against detachment, no further proceedings shall	1140
be had in relation thereto for a period of two years. If a	1141
majority of the votes cast at such election are cast for	1142
detachment, the result of such election, together with the	1143
original petition and plat and a transcript of all the proceedings	1144
of such board in reference thereto shall be certified by the board	1145
and delivered to the county recorder, who shall ~~forthwith make a~~	1146
record ofin the official records the petition and plat and	1147
transcript of all the proceedings of the board and the result of	1148
the election~~, in the public book of records, and preserve in the~~	1149
~~recorder's office the original papers delivered to the recorder by~~	1150
~~such board. The recorder shall certify thereon that the~~	1151
~~transcribed petition and map are properly recorded~~. After having	1152
made such record, the county recorder shall certify and forward to	1153
the secretary of state, a transcript thereof.	1154

The detachment of such territory from the village shall	1155
thereupon be complete, and, if the petition included a request	1156
that such territory be erected into a new township, the territory	1157
shall thereupon constitute a new township, under the name and	1158
style specified in such petition. All expense involved in holding	1159
such election, and in the filing, recording, and transcribing of	1160
the records, provided for in this section, shall be defrayed by	1161
the petitioners, and the board and the county recorder may require	1162
the payment thereof in advance as a condition precedent to the	1163
taking by them, or either of them, of any action provided for in	1164
this section.	1165

Sec. 723.04. The legislative authority of a municipal	1166
corporation, on petition by a person owning a lot in the municipal	1167
corporation praying that a street or alley in the immediate	1168
vicinity of such lot be vacated or narrowed, or the name thereof	1169
changed, upon hearing, and upon being satisfied that there is good	1170
cause for such change of name, vacation, or narrowing, that it	1171
will not be detrimental to the general interest, and that it	1172
should be made, may, by ordinance, declare such street or alley	1173
vacated, narrowed, or the name thereof changed. The legislative	1174
authority may include in one ordinance the change of name,	1175
vacation, or narrowing of more than one street, avenue, or alley.	1176
The original ordinance or a certified copy thereof shall be	1177
recorded in the official records of the county recorder.	1178

Sec. 723.05. The legislative authority of a municipal	1179
corporation may, when there are two or more streets, avenues, or	1180
alleys of the same name in the municipal corporation, by ordinance	1181
and without petition therefor, change the name of any such street,	1182
avenue, or alley so as to leave only one to be designated by the	1183
original name.	1184

When, in the opinion of the legislative authority, there is	1185
good cause for vacating or narrowing a street or alley, or any	1186
part thereof, and that such vacation or narrowing will not be	1187
detrimental to the general interest, it may, by ordinance and	1188
without petition therefor, vacate or narrow such street or alley	1189
or any part thereof. The original ordinance or a certified copy	1190
thereof shall be recorded in the official records of the county	1191
recorder.	1192

Sec. 961.02. The owner of any land used or to be used as a	1193
pet cemetery shall file, or cause to be filed, in the office of	1194
the county recorder of the county in which the land is located, a	1195
declaration restricting the land to being used only for such	1196
purposes as are usual and normal for the operation of a pet	1197
cemetery. The owner shall execute the declaration in the same	1198
manner and with the same effect as a conveyance of an interest in	1199
land. The county recorder shall record the declaration in the	1200
~~record of deeds~~official records. The restriction established in	1201
such a recorded declaration may be removed only as provided in	1202
section 961.05 of the Revised Code. Unless a restriction is so	1203
removed, no person shall use land restricted as provided in this	1204
section for any purpose other than for pet cemetery purposes.	1205

Sec. 961.05. (A) After a declaration has been filed pursuant	1206
to section 961.02 of the Revised Code, the land described in the	1207
declaration shall be used for pet cemetery purposes only unless	1208
the restriction for such use is removed by order of the court of	1209
common pleas in the county where the land is located in a	1210
proceeding brought by the pet cemetery owner or ~~his~~the owner's	1211
heirs or assigns.	1212

(B) The court of common pleas may remove the restriction on	1213
the land upon proof satisfactory to the court that either of the	1214
following has occurred:	1215

(1) No interments have been made in, or all pet remains have	1216
been removed from, the land from which the restriction is sought	1217
to be removed;	1218

(2) The owner of the pet cemetery or ~~his~~the owner's heirs or	1219
assigns have received, from those persons who own burial rights in	1220
the pet cemetery or their heirs or assigns, written authorization,	1221
acknowledged before a notary public, to remove the restriction	1222
from the land. Any person granting this authorization who wishes	1223
to have a pet that is already interred in the pet cemetery removed	1224
and reinterred ~~elsewere~~elsewhere shall so state on the	1225
authorization and the pet cemetery owner shall, at ~~his~~the owner's	1226
expense, remove the pet remains and have them reinterred elsewhere	1227
and shall provide proof of this removal and reinterment. A pet	1228
cemetery owner need not obtain the authorization described in	1229
division (B)(2) of this section from a person who has purchased a	1230
burial right in the pet cemetery but who has not yet used that	1231
right for the interment of a pet, if the owner refunds to the	1232
purchaser or ~~his~~the purchaser's heirs or assigns all moneys taken	1233
for the burial right, plus interest computed in the manner and at	1234
the rate agreed upon between the cemetery owner and the owner of	1235
the burial right.	1236

(C) The court of common pleas may remove the restriction on a	1237
portion of the land described in the declaration, if the portion	1238
of the land that remains subject to the restriction is not less	1239
than three acres in size, upon proof satisfactory to the court	1240
that the situations described in either division (B)(1) or (2) of	1241
this section have occurred with respect to that portion of the	1242
land from which the restriction is sought to be removed.	1243

(D) A holder of a lien on the restricted land may object to	1244
the removal of the restriction and the court of common pleas shall	1245
consider any such objection before issuing an order to remove the	1246
restriction.	1247

(E) An order issued by the court of common pleas removing a	1248
restriction pursuant to this section shall be filed in the office	1249
of the county recorder of the county in which the land is located,	1250
who shall record it in the ~~record of deeds~~official records.	1251

Sec. 971.15. ~~The applicable county recorder shall keep a~~	1252
~~book known as the "partition fence record".~~ All agreements between	1253
the owners of adjoining properties filed in accordance with this	1254
chapter, all affidavits filed by owners in accordance with this	1255
chapter, and all assignments of and findings and decisions	1256
regarding responsibility for building and maintaining in good	1257
repair partition fences made under this chapter shall be recorded	1258
in the ~~record~~official records of the county recorder. A document	1259
recorded in the ~~record~~official records shall be final between the	1260
parties thereto and successive owners thereafter until modified by	1261
a subsequent document. All documents recorded ~~in the record~~ shall	1262
describe the land where a partition fence is located and the	1263
portion of the fence assigned to each applicable owner. In	1264
addition, the documents shall describe the purposes and use of the	1265
partition fence.	1266

Sec. 1311.06. (A) Any person, or ~~his~~the person's agent, who	1267
wishes to avail ~~himself~~self of sections 1311.01 to 1311.22 of the	1268
Revised Code, shall make and file for record in the office of the	1269
county recorder in the counties in which the improved property is	1270
located, an affidavit showing the amount due over and above all	1271
legal setoffs, a description of the property to be charged with	1272
the lien, the name and address of the person to or for whom the	1273
labor or work was performed or material was furnished, the name of	1274
the owner, part owner, or lessee, if known, the name and address	1275
of the lien claimant, and the first and last dates that the lien	1276
claimant performed any labor or work or furnished any material to	1277
the improvement giving rise to ~~his~~the claimant's lien. If the	1278
affidavit is recorded, the omission or inaccuracy of any address	1279
in the affidavit does not affect its validity. The affidavit may	1280
be verified before any person authorized to administer oaths,	1281
whether agent for the owner, part owner, lessee, lien claimant, or	1282
an interested or other party.	1283

(B) The affidavit shall be filed within one of the following	1284
periods:	1285

(1) If the lien arises in connection with a one- or	1286
two-family dwelling or in connection with a residential unit of	1287
condominium property as defined in Chapter 5311. of the Revised	1288
Code, within sixty days from the date on which the last labor or	1289
work was performed or material was furnished by the person	1290
claiming the lien;	1291

(2) If the lien arises under section 1311.021 of the Revised	1292
Code, within one hundred twenty days from the date on which the	1293
last labor or work was performed or material was furnished by the	1294
person claiming the lien;	1295

(3) If the lien is one not described in division (B)(1) or	1296
(2) of this section, within seventy-five days from the date on	1297
which the last of the labor or work was performed or material was	1298
furnished by the person claiming the lien.	1299

1300

"AFFIDAVIT FOR MECHANICS' LIEN.	1301

State of Ohio,	1302

County of ........................, ss:	1303

...................., whose address is ...................., being	1304
first duly sworn, says that ...................., the lien	1305
claimant, furnished certain material or performed certain labor or	1306
work in the furtherance of improvements located on or removed to	1307
the land hereinafter described, in pursuance of a certain	1308
contract, with ...................., the owner, part owner,	1309
lessee, original contractor, subcontractor, or other person, as	1310
the case may be, whose address is .................... The first	1311
of the labor or work was performed or material was furnished on	1312
the ........... day of ..............., ....... (year). The last	1313
of the labor or work was performed or material was furnished on	1314
the ........ day of ............, ......(year), and there is	1315
justly and truly due ...................., the lien claimant,	1316
therefor from ...................., the owner, part owner, lessee,	1317
original contractor, subcontractor, or other person, as the case	1318
may be, over and above all legal setoffs, the sum of	1319
................. dollars, for which amount ....................,	1320
the lien claimant, claims a lien on the land, building, or	1321
leasehold, of which .................... is or was the owner, part	1322
owner, or lessee, as the case may be, which property is described	1323
as follows:	1324

.................................................................	1325

.................................................................	1326

.................................................................	1327

................................

1328

Sworn to before me and subscribed in my presence this ............	1329
day of ..................., ...... (year).	1330

1331

..............................

............................."

(D) For purposes of this section, the description of the	1332
property is sufficient if made in accordance with division (B)(1)	1333
of section 1311.04 of the Revised Code.	1334

(E) The county recorder shall indorse upon every affidavit	1335
the date and hour of its filing, and record it in ~~a separate book~~	1336
~~kept for affidavits~~the official records. No exemptions apply	1337
against any lien under this chapter.	1338

(F) One or more laborers may authorize an agent to prepare,	1339
execute, file, and serve the affidavit required by this section.	1340
The affidavit may set forth the claims of one or more laborers,	1341
provided that the affidavit separately itemizes the claim of each	1342
laborer and may set forth claims for wages that are contractually	1343
due but are unpaid.	1344

Sec. 1311.35. The liens in section 1311.34 of the Revised	1345
Code are waived by the employee, as to any portion of such labor,	1346
unless within thirty days from the expiration of three months from	1347
the performance thereof, hethe employee files with the county	1348
recorder of the county where the labor was performed an itemized	1349
statement, verified by affidavit, of the amount, kind, and value	1350
of the labor performed within such period, with all credits and	1351
offsets and the amount then due ~~him~~the employee therefor. ~~Such~~	1352
The statement, when filed, ~~must~~shall be recorded in ~~a book kept~~	1353
~~for the purpose~~the official records, and becomes a lien upon the	1354
real property of the employer without any specific description	1355
thereof, for the period of one year from the filing of the	1356
statement.	1357

Sec. 1311.42. To perfect a lien referred to in section	1358
1311.41 of the Revised Code, a person performing labor, furnishing	1359
material, or boarding, within forty days from the date that hethe	1360
person ceased performing labor, or furnishing materials, or	1361
boarding on or for the railroad, shall file with the county	1362
recorder of the county where the labor was performed, or material	1363
or boarding furnished, an affidavit containing an itemized	1364
statement of the kind and amount of material furnished, or labor	1365
performed, the time when the contractor or subcontractor for whom,	1366
and the section and place where, on the line of the road the labor	1367
was performed, or material furnished, and the amount due therefor,	1368
after deducting all payments and setoffs. In case of boarding,	1369
such affidavit must have attached thereto an itemized account	1370
thereof, showing the name of the contractor or subcontractor on	1371
whose order it was furnished, the several persons to whom	1372
furnished, the weekly rate of boarding, and the several amounts	1373
unpaid by each respectively. On filing the affidavit, it shall be	1374
recorded in ~~a separate book to be provided therefor~~the official	1375
records of the county recorder, and then ~~operate~~it operates as a	1376
lien on the railroad, in the manner and subject only to the	1377
limitations provided in sections 1311.39 to 1311.47~~, inclusive,~~ of	1378
the Revised Code.	1379

Sec. 1337.08. The county recorder shall ~~keep a~~ record, in	1380
~~which shall be recorded~~the official records all powers of	1381
attorney authorizing the transfer of personal property or the	1382
transaction of any business relating thereto. Upon presentation of	1383
such a power of attorney, the county recorder shall endorse	1384
thereon the date of its presentation, and after it is recorded	1385
endorse thereon the time at which the instrument was recorded, and	1386
the number or letter and page of the ~~book~~official records in	1387
which it is recorded. HeThe county recorder also shall keep an	1388
~~alphabetical~~ index of each power of attorney so recorded as	1389
provided in section 317.18 of the Revised Code.	1390

Sec. 1513.33. The amount of any grant to a community	1391
improvement corporation or nonprofit corporation made under	1392
section 1513.31 of the Revised Code or the state's expenses	1393
incurred in reclaiming unreclaimed land owned by a community	1394
improvement corporation or nonprofit corporation under section	1395
1513.32 of the Revised Code shall constitute a loan by the state	1396
to the corporation. Entry into a grant contract under section	1397
1513.31 of the Revised Code or into a reclamation agreement under	1398
section 1513.32 of the Revised Code by the chief of the division	1399
of mineral resources management constitutes the designation of the	1400
community improvement corporation or nonprofit corporation as the	1401
state's agent for the commercial or industrial development of the	1402
land named in the contract or agreement.	1403

Each grant contract under section 1513.31 of the Revised Code	1404
or reclamation agreement under section 1513.32 of the Revised Code	1405
shall include terms for repayment of the grant or reimbursement of	1406
the state for its reclamation expenses, which shall require	1407
repayment of the loan in full upon the first sale, lease, or	1408
rental of the land reclaimed under the contract or agreement if	1409
the entire parcel of reclaimed land is sold, leased, or rented. If	1410
the corporation establishes a business enterprise on the entire	1411
parcel of reclaimed land, the contract shall require repayment of	1412
the loan in full upon the commencement of operation of the	1413
business enterprise. If the reclaimed land is sold, leased, or	1414
rented in portions or the corporation establishes a business	1415
enterprise on any portion of the reclaimed land, the contract or	1416
agreement shall require repayment of that portion of the loan that	1417
corresponds to the portion of the reclaimed land sold, leased, or	1418
rented upon the first sale, lease, or rental of that portion, or	1419
upon commencement of operation of the business enterprise on that	1420
portion, by the corporation in the proportion that the acreage of	1421
the reclaimed land sold, leased, rented, or used in business by	1422
the corporation bears to the total acreage of land reclaimed under	1423
the contract or agreement.	1424

To secure repayment of the moneys granted under section	1425
1513.31 of the Revised Code or of the state's reclamation expenses	1426
under section 1513.32 of the Revised Code to or on behalf of a	1427
community improvement corporation or nonprofit corporation, the	1428
state shall have a lien on the land owned by the corporation that	1429
is land reclaimed under section 1513.31 or 1513.32 of the Revised	1430
Code equal to the amount of the grant made under section 1513.31	1431
of the Revised Code or to the state's expenses incurred in	1432
reclaiming the land under section 1513.32 of the Revised Code.	1433
Within thirty days after the final grant payment is made under	1434
section 1513.31 of the Revised Code or after the completion of the	1435
reclamation work under section 1513.32 of the Revised Code, the	1436
chief shall cause to be recorded in the office of the county	1437
recorder of the county in which the reclaimed land is located a	1438
statement that shall contain an itemized accounting of the grant	1439
paid under section 1513.31 of the Revised Code or an itemized	1440
record of the state's expenses incurred in reclaiming the land	1441
under section 1513.32 of the Revised Code. The statement shall	1442
constitute a notice of lien and operate as of the date of delivery	1443
as a lien on the land reclaimed in the amount of the grant moneys	1444
paid out or the reclamation expenses incurred by the state and	1445
shall have priority as a lien second only to the lien of real	1446
property taxes imposed upon the land. The notice of lien and the	1447
lien shall not be valid as against any mortgagee, pledgee,	1448
purchaser, or judgment creditor whose rights have attached prior	1449
to the date of filing of the statement by the chief or to any	1450
prior or subsequent lien for real property taxes imposed pursuant	1451
to section 5719.04 of the Revised Code.	1452

The county recorder shall record and index the chief's	1453
statement, under the name of the state and the corporation, in the	1454
official records ~~of mechanic's liens~~ maintained by the county	1455
recorder's office. The county recorder shall impose no charge for	1456
the recording or indexing of the statement. If the land is	1457
registered, the county recorder shall make a notation and enter a	1458
memorial of the lien upon the page of the register in which the	1459
last certificate of title to the land is registered, stating the	1460
name of the claimant, amount claimed, volume and page of the	1461
record where recorded, and exact time the memorial was entered.	1462

The lien shall continue in force so long as any portion of	1463
the amount granted under section 1513.31 of the Revised Code or	1464
the state's reclamation expenses incurred under section 1513.32 of	1465
the Revised Code remains unpaid. Upon repayment in full of those	1466
moneys or expenses, the chief promptly shall issue a certificate	1467
of release of the lien. Upon presentation of the certificate of	1468
release, the county recorder of the county where the lien is	1469
recorded shall record the lien as having been discharged.	1470

A lien imposed under this section shall be foreclosed upon	1471
the substantial failure of a corporation to repay any portion of	1472
the amount granted under section 1513.31 of the Revised Code or	1473
the state's reclamation expenses incurred under section 1513.32 of	1474
the Revised Code in accordance with the terms of the grant	1475
contract or reclamation agreement. Before foreclosing any lien	1476
under this section, the chief shall make a written demand upon the	1477
corporation to comply with the repayment terms of the contract or	1478
agreement. If the corporation does not pay the amount due within	1479
sixty days, the chief shall refer the matter to the attorney	1480
general, who shall institute a civil action to foreclose the lien	1481
of the state.	1482

All moneys collected from loan repayments and lien	1483
foreclosures under this section shall be credited to the	1484
unreclaimed lands fund created by section 1513.30 of the Revised	1485
Code.	1486

Sec. 1513.37. (A) There is hereby created in the state	1487
treasury the abandoned mine reclamation fund, which shall be	1488
administered by the chief of the division of mineral resources	1489
management. The fund shall consist of grants from the secretary of	1490
the interior from the federal abandoned mine reclamation fund	1491
established by Title IV of the "Surface Mining Control and	1492
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201,	1493
regulations adopted under it, and amendments to the act and	1494
regulations. Expenditures from the abandoned mine reclamation fund	1495
shall be made by the chief for the following purposes:	1496

(1) Reclamation and restoration of land and water resources	1497
adversely affected by past coal mining, including, but not limited	1498
to, reclamation and restoration of abandoned strip mine areas,	1499
abandoned coal processing areas, and abandoned coal refuse	1500
disposal areas; sealing and filling of abandoned deep mine entries	1501
and voids; planting of land adversely affected by past coal	1502
mining; prevention of erosion and sedimentation; prevention,	1503
abatement, treatment, and control of water pollution created by	1504
coal mine drainage, including restoration of streambeds and	1505
construction and operation of water treatment plants; prevention,	1506
abatement, and control of burning coal refuse disposal areas and	1507
burning coal in situ; and prevention, abatement, and control of	1508
coal mine subsidence;	1509

(2) Acquisition and filling of voids and sealing of tunnels,	1510
shafts, and entryways of noncoal lands;	1511

(3) Acquisition of land as provided for in this section;

1512

(4) Administrative expenses incurred in accomplishing the	1513
purposes of this section;	1514

(5) All other necessary expenses to accomplish the purposes	1515
of this section.	1516

(B) Expenditures of moneys from the fund on land and water	1517
eligible pursuant to division (C) of this section shall reflect	1518
the following priorities in the order stated:	1519

(1) The protection of public health, safety, general welfare,	1520
and property from extreme danger of adverse effects of coal mining	1521
practices;	1522

(2) The protection of public health, safety, and general	1523
welfare from adverse effects of coal mining practices;	1524

(3) The restoration of land and water resources and the	1525
environment previously degraded by adverse effects of coal mining	1526
practices, including measures for the conservation and development	1527
of soil and water (excluding channelization), woodland, fish and	1528
wildlife, recreation resources, and agricultural productivity;	1529

(4) Research and demonstration projects relating to the	1530
development of coal mining reclamation and water quality control	1531
program methods and techniques;	1532

(5) The protection, repair, replacement, construction, or	1533
enhancement of public facilities such as utilities, roads,	1534
recreation facilities, and conservation facilities adversely	1535
affected by coal mining practices;	1536

(6) The development of publicly owned land adversely affected	1537
by coal mining practices, including land acquired as provided in	1538
this section for recreation and historic purposes, conservation	1539
and reclamation purposes, and open space benefits.	1540

(C)(1) Lands and water eligible for reclamation or drainage	1541
abatement expenditures under this section are those that were	1542
mined for coal or were affected by such mining, wastebanks, coal	1543
processing, or other coal mining processes and that meet one of	1544
the following criteria:	1545

(a) Are lands that were abandoned or left in an inadequate	1546
reclamation status prior to August 3, 1977, and for which there is	1547
no continuing reclamation responsibility under state or federal	1548
laws;	1549

(b) Are lands for which the chief finds that surface coal	1550
mining operations occurred at any time between August 4, 1977, and	1551
August 16, 1982, and that any moneys for reclamation or abatement	1552
that are available pursuant to a bond, performance security, or	1553
other form of financial guarantee or from any other source are not	1554
sufficient to provide for adequate reclamation or abatement at the	1555
site;	1556

(c) Are lands for which the chief finds that surface coal	1557
mining operations occurred at any time between August 4, 1977, and	1558
November 5, 1990, that the surety of the mining operator became	1559
insolvent during that time, and that, as of November 5, 1990, any	1560
moneys immediately available from proceedings relating to that	1561
insolvency or from any financial guarantee or other source are not	1562
sufficient to provide for adequate reclamation or abatement at the	1563
site.	1564

(2) In determining which sites to reclaim pursuant to	1565
divisions (C)(1)(b) and (c) of this section, the chief shall	1566
follow the priorities stated in divisions (B)(1) and (2) of this	1567
section and shall ensure that priority is given to those sites	1568
that are in the immediate vicinity of a residential area or that	1569
have an adverse economic impact on a local community.	1570

(3) Surface coal mining operations on lands eligible for	1571
remining shall not affect the eligibility of those lands for	1572
reclamation and restoration under this section after the release	1573
of the bond, performance security, or other form of financial	1574
guarantee for any such operation as provided under division (F) of	1575
section 1513.16 of the Revised Code. If the bond, performance	1576
security, or other form of financial guarantee for a surface coal	1577
mining operation on lands eligible for remining is forfeited,	1578
moneys available under this section may be used if the amount of	1579
the bond, performance security, or other form of financial	1580
guarantee is not sufficient to provide for adequate reclamation or	1581
abatement, except that if conditions warrant, the chief	1582
immediately shall exercise the authority granted under division	1583
(L) of this section.	1584

(D) The chief may submit to the secretary of the interior a	1585
state reclamation plan and annual projects to carry out the	1586
purposes of this section.	1587

(1) The reclamation plan generally shall identify the areas	1588
to be reclaimed, the purposes for which the reclamation is	1589
proposed, the relationship of the lands to be reclaimed and the	1590
proposed reclamation to surrounding areas, the specific criteria	1591
for ranking and identifying projects to be funded, and the legal	1592
authority and programmatic capability to perform the work in	1593
accordance with this section.	1594

(2) On an annual basis, the chief may submit to the secretary	1595
an application for support of the abandoned mine reclamation fund	1596
and implementation of specific reclamation projects. The annual	1597
requests shall include such information as may be requested by the	1598
secretary.	1599

Before submitting an annual application to the secretary, the	1600
chief first shall submit it to the council on unreclaimed strip	1601
mined lands for review and approval by the council. The chief	1602
shall not submit such an application to the secretary until it has	1603
been approved by the council. The chief shall submit applications	1604
for administrative costs, imminent hazards, or emergency projects	1605
to the council for review.	1606

(3) The costs for each proposed project under this section	1607
shall include actual construction costs, actual operation and	1608
maintenance costs of permanent facilities, planning and	1609
engineering costs, construction inspection costs, and other	1610
necessary administrative expenses.	1611

(4) Before making any expenditure of funds from the fund to	1612
implement any specific reclamation project under this section, the	1613
chief first shall submit to the council a project proposal and any	1614
other pertinent information regarding the project requested by the	1615
council for review and approval of the specific project by the	1616
council.	1617

(5) The chief may submit annual and other reports required by	1618
the secretary when funds are provided by the secretary under Title	1619
IV of the "Surface Mining Control and Reclamation Act of 1977," 91	1620
Stat. 445, 30 U.S.C.A. 1201, regulations adopted under it, and	1621
amendments to the act and regulations.	1622

(E)(1) There is hereby created in the state treasury the acid	1623
mine drainage abatement and treatment fund, which shall be	1624
administered by the chief. The fund shall consist of grants from	1625
the secretary of the interior from the federal abandoned mine	1626
reclamation fund pursuant to section 402(g)(6) of Title IV of the	1627
"Surface Mining Control and Reclamation Act of 1977," 91 Stat.	1628
445, 30 U.S.C.A. 1201. All investment earnings of the fund shall	1629
be credited to the fund.	1630

(2) The chief shall make expenditures from the fund, in	1631
consultation with the United States department of agriculture,	1632
soil conservation service, to implement acid mine drainage	1633
abatement and treatment plans approved by the secretary. The plans	1634
shall provide for the comprehensive abatement of the causes and	1635
treatment of the effects of acid mine drainage within qualified	1636
hydrologic units affected by coal mining practices and shall	1637
include at least all of the following:	1638

(a) An identification of the qualified hydrologic unit. As	1639
used in division (E) of this section, "qualified hydrologic unit"	1640
means a hydrologic unit that meets all of the following criteria:	1641

(i) The water quality in the unit has been significantly	1642
affected by acid mine drainage from coal mining practices in a	1643
manner that has an adverse impact on biological resources.	1644

(ii) The unit contains lands and waters that meet the	1645
eligibility requirements established under division (C) of this	1646
section and any of the priorities established in divisions (B)(1)	1647
to (3) of this section.	1648

(iii) The unit contains lands and waters that are proposed to	1649
be the subject of expenditures from the reclamation forfeiture	1650
fund created in section 1513.18 of the Revised Code or the	1651
unreclaimed lands fund created in section 1513.30 of the Revised	1652
Code.	1653

(b) The extent to which acid mine drainage is affecting the	1654
water quality and biological resources within the hydrologic unit;	1655

(c) An identification of the sources of acid mine drainage	1656
within the hydrologic unit;	1657

(d) An identification of individual projects and the measures	1658
proposed to be undertaken to abate and treat the causes or effects	1659
of acid mine drainage within the hydrologic unit;	1660

(e) The cost of undertaking the proposed abatement and	1661
treatment measures;	1662

(f) An identification of existing and proposed sources of	1663
funding for those measures;	1664

(g) An analysis of the cost-effectiveness and environmental	1665
benefits of abatement and treatment measures.	1666

(3) The chief may make grants of moneys from the acid mine	1667
drainage abatement and treatment fund to watershed groups for	1668
conducting projects to accomplish the purposes of this section. A	1669
grant may be made in an amount equal to not more than fifty per	1670
cent of each of the following:	1671

(a) Reasonable and necessary expenses for the collection and	1672
analysis of data sufficient to do either or both of the following:	1673

(i) Identify a watershed as a qualified hydrologic unit;

1674

(ii) Monitor the quality of water in a qualified hydrologic	1675
unit before, during, and at any time after completion of the	1676
project by the watershed group.	1677

(b) Engineering design costs and construction costs involved	1678
in the project, provided that the project is conducted in a	1679
qualified hydrologic unit and the chief considers the project to	1680
be a priority.	1681

A watershed group that wishes to obtain a grant under	1682
division (E)(3) of this section shall submit an application to the	1683
chief on forms provided by the division of mineral resources	1684
management, together with detailed estimates and timetables for	1685
accomplishing the stated goals of the project and any other	1686
information that the chief requires.	1687

For the purposes of establishing priorities for awarding	1688
grants under division (E)(3) of this section, the chief shall	1689
consider each project's feasibility, cost-effectiveness, and	1690
environmental benefit, together with the availability of matching	1691
funding, including in-kind services, for the project.	1692

The chief shall enter into a contract for funding with each	1693
applicant awarded a grant to ensure that the moneys granted are	1694
used for the purposes of this section and that the work that the	1695
project involves is done properly. The contract is not subject to	1696
division (B) of section 127.16 of the Revised Code. The final	1697
payment of grant moneys shall not be made until the chief inspects	1698
and approves the completed project.	1699

The chief shall require each applicant awarded a grant under	1700
this section who conducts a project involving construction work to	1701
pay workers at the greater of their regular rate of pay, as	1702
established by contract, agreement, or prior custom or practice,	1703
or the average wage rate paid in this state for the same or	1704
similar work performed in the same or a similar locality by	1705
private companies doing similar work on similar projects.	1706

As used in division (E)(3) of this section, "watershed group"	1707
means a charitable organization as defined in section 1716.01 of	1708
the Revised Code that has been established for the purpose of	1709
conducting reclamation of land and waters adversely affected by	1710
coal mining practices and specifically for conducting acid mine	1711
drainage abatement.	1712

(F)(1) If the chief makes a finding of fact that land or	1713
water resources have been adversely affected by past coal mining	1714
practices; the adverse effects are at a stage where, in the public	1715
interest, action to restore, reclaim, abate, control, or prevent	1716
the adverse effects should be taken; the owners of the land or	1717
water resources where entry must be made to restore, reclaim,	1718
abate, control, or prevent the adverse effects of past coal mining	1719
practices are not known or are not readily available; or the	1720
owners will not give permission for the state, political	1721
subdivisions, or their agents, employees, or contractors to enter	1722
upon the property to restore, reclaim, abate, control, or prevent	1723
the adverse effects of past coal mining practices; then, upon	1724
giving notice by mail to the owners, if known, or, if not known,	1725
by posting notice upon the premises and advertising once in a	1726
newspaper of general circulation in the municipal corporation or	1727
county in which the land lies, the chief or the chief's agents,	1728
employees, or contractors may enter upon the property adversely	1729
affected by past coal mining practices and any other property to	1730
have access to the property to do all things necessary or	1731
expedient to restore, reclaim, abate, control, or prevent the	1732
adverse effects. The entry shall be construed as an exercise of	1733
the police power for the protection of the public health, safety,	1734
and general welfare and shall not be construed as an act of	1735
condemnation of property nor of trespass on it. The moneys	1736
expended for the work and the benefits accruing to any such	1737
premises so entered upon shall be chargeable against the land and	1738
shall mitigate or offset any claim in or any action brought by any	1739
owner of any interest in the premises for any alleged damages by	1740
virtue of the entry, but this provision is not intended to create	1741
new rights of action or eliminate existing immunities.	1742

(2) The chief or the chief's authorized representatives may	1743
enter upon any property for the purpose of conducting studies or	1744
exploratory work to determine the existence of adverse effects of	1745
past coal mining practices and to determine the feasibility of	1746
restoration, reclamation, abatement, control, or prevention of	1747
such adverse effects. The entry shall be construed as an exercise	1748
of the police power for the protection of the public health,	1749
safety, and general welfare and shall not be construed as an act	1750
of condemnation of property nor trespass on it.	1751

(3) The chief may acquire any land by purchase, donation, or	1752
condemnation that is adversely affected by past coal mining	1753
practices if the chief determines that acquisition of the land is	1754
necessary to successful reclamation and that all of the following	1755
apply:	1756

(a) The acquired land, after restoration, reclamation,	1757
abatement, control, or prevention of the adverse effects of past	1758
coal mining practices, will serve recreation and historic	1759
purposes, serve conservation and reclamation purposes, or provide	1760
open space benefits.	1761

(b) Permanent facilities such as a treatment plant or a	1762
relocated stream channel will be constructed on the land for the	1763
restoration, reclamation, abatement, control, or prevention of the	1764
adverse effects of past coal mining practices.	1765

(c) Acquisition of coal refuse disposal sites and all coal	1766
refuse thereon will serve the purposes of this section or public	1767
ownership is desirable to meet emergency situations and prevent	1768
recurrences of the adverse effects of past coal mining practices.	1769

(4)(a) Title to all lands acquired pursuant to this section	1770
shall be in the name of the state. The price paid for land	1771
acquired under this section shall reflect the market value of the	1772
land as adversely affected by past coal mining practices.	1773

(b) The chief may receive grants on a matching basis from the	1774
secretary of the interior for the purpose of carrying out this	1775
section.	1776

(5)(a) Where land acquired pursuant to this section is	1777
considered to be suitable for industrial, commercial, residential,	1778
or recreational development, the chief may sell the land by public	1779
sale under a system of competitive bidding at not less than fair	1780
market value and under other requirements imposed by rule to	1781
ensure that the lands are put to proper use consistent with local	1782
and state land use plans, if any, as determined by the chief.	1783

(b) The chief, when requested, and after appropriate public	1784
notice, shall hold a public meeting in the county, counties, or	1785
other appropriate political subdivisions of the state in which	1786
lands acquired pursuant to this section are located. The meetings	1787
shall be held at a time that shall afford local citizens and	1788
governments the maximum opportunity to participate in the decision	1789
concerning the use or disposition of the lands after restoration,	1790
reclamation, abatement, control, or prevention of the adverse	1791
effects of past coal mining practices.	1792

(6) In addition to the authority to acquire land under	1793
division (F)(3) of this section, the chief may use money in the	1794
fund to acquire land by purchase, donation, or condemnation, and	1795
to reclaim and transfer acquired land to a political subdivision,	1796
or to any person, if the chief determines that it is an integral	1797
and necessary element of an economically feasible plan for the	1798
construction or rehabilitation of housing for persons disabled as	1799
the result of employment in the mines or work incidental to that	1800
employment, persons displaced by acquisition of land pursuant to	1801
this section, persons dislocated as the result of adverse effects	1802
of coal mining practices that constitute an emergency as provided	1803
in the "Surface Mining Control and Reclamation Act of 1977," 91	1804
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons	1805
dislocated as the result of natural disasters or catastrophic	1806
failures from any cause. Such activities shall be accomplished	1807
under such terms and conditions as the chief requires, which may	1808
include transfers of land with or without monetary consideration,	1809
except that to the extent that the consideration is below the fair	1810
market value of the land transferred, no portion of the difference	1811
between the fair market value and the consideration shall accrue	1812
as a profit to those persons. No part of the funds provided under	1813
this section may be used to pay the actual construction costs of	1814
housing. The chief may carry out the purposes of division (F)(6)	1815
of this section directly or by making grants and commitments for	1816
grants and may advance money under such terms and conditions as	1817
the chief may require to any agency or instrumentality of the	1818
state or any public body or nonprofit organization designated by	1819
the chief.	1820

(G)(1) Within six months after the completion of projects to	1821
restore, reclaim, abate, control, or prevent adverse effects of	1822
past coal mining practices on privately owned land, the chief	1823
shall itemize the moneys so expended and may file a statement of	1824
the expenditures in the office of the county recorder of the	1825
county in which the land lies, together with a notarized appraisal	1826
by an independent appraiser of the value of the land before the	1827
restoration, reclamation, abatement, control, or prevention of	1828
adverse effects of past coal mining practices if the moneys so	1829
expended result in a significant increase in property value. The	1830
statement shall constitute a lien upon the land as of the date of	1831
the expenditures of the moneys and shall have priority as a lien	1832
second only to the lien of real property taxes imposed upon the	1833
land. The lien shall not exceed the amount determined by the	1834
appraisal to be the increase in the fair market value of the land	1835
as a result of the restoration, reclamation, abatement, control,	1836
or prevention of the adverse effects of past coal mining	1837
practices. No lien shall be filed under division (G) of this	1838
section against the property of any person who owned the surface	1839
prior to May 2, 1977, and did not consent to, participate in, or	1840
exercise control over the mining operation that necessitated the	1841
reclamation performed.	1842

(2) The landowner may petition, within sixty days after the	1843
filing of the lien, to determine the increase in the fair market	1844
value of the land as a result of the restoration, reclamation,	1845
abatement, control, or prevention of the adverse effects of past	1846
coal mining practices. The amount reported to be the increase in	1847
value of the premises shall constitute the amount of the lien and	1848
shall be recorded with the statement provided in this section. Any	1849
party aggrieved by the decision may appeal as provided by state	1850
law.	1851

(3) The lien provided in division (G) of this section shall	1852
be recorded and indexed, under the name of the state and the	1853
landowner, in ~~a lien index~~the official records in the office of	1854
the county recorder of the county in which the land lies. The	1855
county recorder shall impose no charge for the recording or	1856
indexing of the lien. If the land is registered, the county	1857
recorder shall make a notation and enter a memorial of the lien	1858
upon the page of the register in which the last certificate of	1859
title to the land is registered, stating the name of the claimant,	1860
amount claimed, volume and page of the record where recorded, and	1861
exact time the memorial was entered.	1862

(4) The lien shall continue in force so long as any portion	1863
of the amount of the lien remains unpaid. If the lien remains	1864
unpaid at the time of conveyance of the land on which the lien was	1865
placed, the conveyance may be set aside. Upon repayment in full of	1866
the moneys expended under this section, the chief promptly shall	1867
issue a certificate of release of the lien. Upon presentation of	1868
the certificate of release, the county recorder of the county in	1869
which the lien is recorded shall record the lien as having been	1870
discharged.	1871

(5) A lien imposed under this section shall be foreclosed	1872
upon the substantial failure of a landowner to pay any portion of	1873
the amount of the lien. Before foreclosing any lien under this	1874
section, the chief shall make a written demand upon the landowner	1875
for payment. If the landowner does not pay the amount due within	1876
sixty days, the chief shall refer the matter to the attorney	1877
general, who shall institute a civil action to foreclose the lien.	1878

(H)(1) The chief may fill voids, seal abandoned tunnels,	1879
shafts, and entryways, and reclaim surface impacts of underground	1880
or strip mines that the chief determines could endanger life and	1881
property, constitute a hazard to the public health and safety, or	1882
degrade the environment.	1883

(2) In those instances where mine waste piles are being	1884
reworked for conservation purposes, the incremental costs of	1885
disposing of the wastes from those operations by filling voids and	1886
sealing tunnels may be eligible for funding, provided that the	1887
disposal of these wastes meets the purposes of this section.	1888

(3) The chief may acquire by purchase, donation, easement, or	1889
otherwise such interest in land as the chief determines necessary	1890
to carry out division (H) of this section.	1891

(I) The chief shall report annually to the secretary of the	1892
interior on operations under the fund and include recommendations	1893
as to its future uses.	1894

(J)(1) The chief may engage in any work and do all things	1895
necessary or expedient, including the adoption of rules, to	1896
implement and administer this section.	1897

(2) The chief may engage in cooperative projects under this	1898
section with any agency of the United States, any other state, or	1899
their governmental agencies or with any state university or	1900
college as defined in section 3345.27 of the Revised Code. The	1901
cooperative projects are not subject to division (B) of section	1902
127.16 of the Revised Code.	1903

(3) The chief may request the attorney general to initiate in	1904
any court of competent jurisdiction an action in equity for an	1905
injunction to restrain any interference with the exercise of the	1906
right to enter or to conduct any work provided in this section,	1907
which remedy is in addition to any other remedy available under	1908
this section.	1909

(4) The chief may construct or operate a plant or plants for	1910
the control and treatment of water pollution resulting from mine	1911
drainage. The extent of this control and treatment may be	1912
dependent upon the ultimate use of the water. Division (J)(4) of	1913
this section does not repeal or supersede any portion of the	1914
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33	1915
U.S.C.A. 1151, as amended, and no control or treatment under	1916
division (J)(4) of this section, in any way, shall be less than	1917
that required by that act. The construction of a plant or plants	1918
may include major interceptors and other facilities appurtenant to	1919
the plant.	1920

(5) The chief may transfer money from the abandoned mine	1921
reclamation fund and the acid mine drainage abatement and	1922
treatment fund to other appropriate state agencies or to state	1923
universities or colleges in order to carry out the reclamation	1924
activities authorized by this section.	1925

(K) The chief may contract for any part of work to be	1926
performed under this section, with or without advertising for	1927
bids, if the chief determines that a condition exists that could	1928
reasonably be expected to cause substantial physical harm to	1929
persons, property, or the environment and to which persons or	1930
improvements on real property are currently exposed.	1931

The chief shall require every contractor performing	1932
reclamation work under this section to pay its workers at the	1933
greater of their regular rate of pay, as established by contract,	1934
agreement, or prior custom or practice, or the average wage rate	1935
paid in this state for the same or similar work as determined by	1936
the chief under section 1513.02 of the Revised Code.	1937

(L)(1) The chief may contract for the emergency restoration,	1938
reclamation, abatement, control, or prevention of adverse effects	1939
of mining practices on eligible lands if the chief determines that	1940
an emergency exists constituting a danger to the public health,	1941
safety, or welfare and that no other person or agency will act	1942
expeditiously to restore, reclaim, abate, control, or prevent	1943
those adverse effects. The chief may enter into a contract for	1944
emergency work under division (L) of this section without	1945
advertising for bids. Any such contract or any purchase of	1946
materials for emergency work under division (L) of this section is	1947
not subject to division (B) of section 127.16 of the Revised Code.	1948

(2) The chief or the chief's agents, employees, or	1949
contractors may enter on any land where such an emergency exists,	1950
and on other land in order to have access to that land, in order	1951
to restore, reclaim, abate, control, or prevent the adverse	1952
effects of mining practices and to do all things necessary or	1953
expedient to protect the public health, safety, or welfare. Such	1954
an entry shall be construed as an exercise of the police power and	1955
shall not be construed as an act of condemnation of property or of	1956
trespass. The moneys expended for the work and the benefits	1957
accruing to any premises so entered upon shall be chargeable	1958
against the land and shall mitigate or offset any claim in or any	1959
action brought by any owner of any interest in the premises for	1960
any alleged damages by virtue of the entry. This provision is not	1961
intended to create new rights of action or eliminate existing	1962
immunities.	1963

Sec. 1701.73. (A)(1) Upon the adoption of any amendment or	1964
amended articles, a certificate containing a copy of the	1965
resolution adopting the amendment or amended articles, a statement	1966
of the manner of its adoption, and, in the case of adoption of the	1967
resolution by the incorporators or directors, a statement of the	1968
basis for such adoption, shall be filed with the secretary of	1969
state, and thereupon the articles shall be amended accordingly,	1970
any change of shares provided for in the amendment or amended	1971
articles shall become effective, and the amended articles shall	1972
supersede the existing articles.	1973

(2) Except as provided in division (A)(3) of this section,	1974
when an amendment or amended articles are adopted by the directors	1975
pursuant to section 1701.70 of the Revised Code, the corporation	1976
shall send notice of the amendment or amended articles, and a copy	1977
or summary of the amendment or amended articles, by mail,	1978
overnight delivery service, or any other means of communication	1979
authorized by the shareholder to whom the notice and copy or	1980
summary are sent, to each shareholder of the corporation of record	1981
as of the date on which the directors approved the amendment or	1982
amended articles. The notice shall be sent to the shareholders	1983
within twenty days after the filing of the certificate required by	1984
division (A)(1) of this section.	1985

(3) Any corporation that files periodic reports with the	1986
United States securities and exchange commission pursuant to	1987
section 13 of the "Securities Exchange Act of 1934," 48 Stat. 881,	1988
15 U.S.C. 78m, as amended, or section 15(d) of the "Securities	1989
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78o(d), as amended,	1990
may satisfy the notice to shareholders of record requirement of	1991
division (A)(2) of this section by including a copy or summary of	1992
the amendment or amended articles in a report filed in accordance	1993
with those provisions within twenty days after the filing of the	1994
certificate required by division (A)(1) of this section.	1995

(B) When an amendment or amended articles are adopted by the	1996
incorporators, the certificate described in division (A)(1) of	1997
this section shall be signed by each of them.	1998

(C) When an amendment or amended articles are adopted by the	1999
directors or by the shareholders, the certificate described in	2000
division (A)(1) of this section shall be signed by any authorized	2001
officer.	2002

(D) A copy of an amendment or amended articles changing the	2003
name of a corporation or its principal office in this state,	2004
certified by the secretary of state, may be filed for record in	2005
the office of the county recorder of any county in this state, and	2006
for such recording, the county recorder shall charge and collect	2007
the same fee as provided for in division (A)(1) of section 317.32	2008
of the Revised Code. The copy shall be recorded in the official	2009
records of ~~deeds~~the county recorder.	2010

Sec. 1701.81. (A) Upon adoption by each constituent entity	2011
of an agreement of merger or consolidation pursuant to section	2012
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, 1701.801, or	2013
1701.802 of the Revised Code, a certificate of merger or	2014
consolidation shall be filed with the secretary of state that is	2015
signed by any authorized representative of each constituent	2016
corporation, partnership, or other entity. The certificate shall	2017
be on a form prescribed by the secretary of state and shall set	2018
forth only the information required by this section.	2019

(B)(1) The certificate of merger or consolidation shall set	2020
forth all of the following:	2021

(a) The name and the form of entity of each constituent	2022
entity and the state under the laws of which each constituent	2023
entity exists;	2024

(b) A statement that each constituent entity has complied	2025
with all of the laws under which it exists and that the laws	2026
permit the merger or consolidation;	2027

(c) The name and mailing address of the person or entity that	2028
is to provide, in response to any written request made by a	2029
shareholder, partner, or other equity holder of a constituent	2030
entity, a copy of the agreement of merger or consolidation;	2031

(d) The effective date of the merger or consolidation, which	2032
date may be on or after the date of the filing of the certificate;	2033

(e) The signature of each representative authorized to sign	2034
the certificate on behalf of each constituent entity and the	2035
office held or the capacity in which the representative is acting;	2036

(f) A statement that the agreement of merger or consolidation	2037
is authorized on behalf of each constituent entity and that each	2038
person who signed the certificate on behalf of each entity is	2039
authorized to do so;	2040

(g) In the case of a merger, a statement that one or more	2041
specified constituent entities will be merged into a specified	2042
surviving entity or, in the case of a consolidation, a statement	2043
that the constituent entities will be consolidated into a new	2044
entity;	2045

(h) In the case of a merger, if the surviving entity is a	2046
foreign entity not licensed to transact business in this state,	2047
the name and address of the statutory agent upon whom any process,	2048
notice, or demand against any constituent entity may be served;	2049

(i) In the case of a consolidation, the name and address of	2050
the statutory agent upon whom any process, notice, or demand	2051
against any constituent entity or the new entity may be served.	2052

(2) In the case of a consolidation into a new domestic	2053
corporation, limited liability company, or limited partnership,	2054
the articles of incorporation, the articles of organization, or	2055
the certificate of limited partnership of the new domestic entity	2056
shall be filed with the certificate of merger or consolidation.	2057

(3) In the case of a merger into a domestic corporation,	2058
limited liability company, or limited partnership, any amendments	2059
to the articles of incorporation, articles of organization, or	2060
certificate of limited partnership of the surviving domestic	2061
entity shall be filed with the certificate of merger or	2062
consolidation.	2063

(4) If the surviving or new entity is a foreign entity that	2064
desires to transact business in this state as a foreign	2065
corporation, limited liability company, or limited partnership,	2066
the certificate of merger or consolidation shall be accompanied by	2067
the information required by division (B)(8), (9), or (10) of	2068
section 1701.791 of the Revised Code.	2069

(5) If a foreign or domestic corporation licensed to transact	2070
business in this state is a constituent entity and the surviving	2071
or new entity resulting from the merger or consolidation is not a	2072
foreign or domestic corporation that is to be licensed to transact	2073
business in this state, the certificate of merger or consolidation	2074
shall be accompanied by the affidavits, receipts, certificates, or	2075
other evidence required by division (H) of section 1701.86 of the	2076
Revised Code, with respect to each domestic constituent	2077
corporation, and by the affidavits, receipts, certificates, or	2078
other evidence required by division (C) or (D) of section 1703.17	2079
of the Revised Code, with respect to each foreign constituent	2080
corporation licensed to transact business in this state.	2081

(C) If any constituent entity in a merger or consolidation is	2082
organized or formed under the laws of a state other than this	2083
state or under any chapter of the Revised Code other than this	2084
chapter, there also shall be filed in the proper office all	2085
documents that are required to be filed in connection with the	2086
merger or consolidation by the laws of that state or by that	2087
chapter.	2088

(D) Upon the filing of a certificate of merger or	2089
consolidation and other filings as described in division (C) of	2090
this section or at such later date as the certificate of merger or	2091
consolidation specifies, the merger or consolidation is effective.	2092

(E) The secretary of state shall furnish, upon request and	2093
payment of the fee specified in division (D) of section 111.16 of	2094
the Revised Code, the secretary of state's certificate setting	2095
forth the name and the form of entity of each constituent entity	2096
and the states under the laws of which each constituent entity	2097
existed prior to the merger or consolidation, the name and the	2098
form of entity of the surviving or new entity and the state under	2099
the laws of which the surviving entity exists or the new entity is	2100
to exist, the date of filing of the certificate of merger or	2101
consolidation with the secretary of state, and the effective date	2102
of the merger or consolidation. The certificate of the secretary	2103
of state, or a copy of the certificate of merger or consolidation	2104
certified by the secretary of state, may be filed for record in	2105
the office of the recorder of any county in this state and, if	2106
filed, shall be recorded in the official records of ~~deeds for~~ that	2107
county. For that recording, the county recorder shall charge and	2108
collect the same fee as in the case of deeds.	2109

Sec. 1701.811. (A) Upon the adoption of a declaration of	2110
conversion pursuant to section 1701.782 or 1701.792 of the Revised	2111
Code, or at a later time as authorized by the declaration of	2112
conversion, a certificate of conversion that is signed by an	2113
authorized representative of the converting entity shall be filed	2114
with the secretary of state. The certificate shall be on a form	2115
prescribed by the secretary of state and shall set forth only the	2116
information required by this section.	2117

(B)(1) The certificate of conversion shall set forth all of	2118
the following:	2119

(a) The name and the form of entity of the converting entity	2120
and the state under the laws of which the converting entity	2121
exists;	2122

(b) A statement that the converting entity has complied with	2123
all of the laws under which it exists and that the laws permit the	2124
conversion;	2125

(c) The name and mailing address of the person or entity that	2126
is to provide a copy of the declaration of conversion in response	2127
to any written request made by a shareholder, partner, or member	2128
of the converting entity;	2129

(d) The effective date of the conversion, which date may be	2130
on or after the date of the filing of the certificate pursuant to	2131
this section;	2132

(e) The signature of the representative or representatives	2133
authorized to sign the certificate on behalf of the converting	2134
entity and the office held or the capacity in which the	2135
representative is acting;	2136

(f) A statement that the declaration of conversion is	2137
authorized on behalf of the converting entity and that each person	2138
signing the certificate on behalf of the converting entity is	2139
authorized to do so;	2140

(g) The name and the form of the converted entity and the	2141
state under the laws of which the converted entity will exist;	2142

(h) If the converted entity is a foreign entity that will not	2143
be licensed in this state, the name and address of the statutory	2144
agent upon whom any process, notice, or demand may be served.	2145

(2) In the case of a conversion into a new domestic	2146
corporation, limited liability company, limited partnership, or	2147
other partnership, any organizational document, including a	2148
designation of agent, that would be filed upon the creation of the	2149
new entity shall be filed with the certificate of conversion.	2150

(3) If the converted entity is a foreign entity that desires	2151
to transact business in this state, the certificate of conversion	2152
shall be accompanied by the information required by division	2153
(B)(8), (9), or (10) of section 1701.791 of the Revised Code.	2154

(4) If a foreign or domestic corporation licensed to transact	2155
business in this state is the converting entity, the certificate	2156
of conversion shall be accompanied by the affidavits, receipts,	2157
certificates, or other evidence required by division (H) of	2158
section 1701.86 of the Revised Code with respect to a converting	2159
domestic corporation, or by the affidavits, receipts,	2160
certificates, or other evidence required by division (C) or (D) of	2161
section 1703.17 of the Revised Code with respect to a foreign	2162
corporation.	2163

(C) If the converting entity or the converted entity is	2164
organized or formed under the laws of a state other than this	2165
state or under any chapter of the Revised Code other than this	2166
chapter, all documents required to be filed in connection with the	2167
conversion by the laws of that state or that chapter shall be	2168
filed in the proper office.	2169

(D) Upon the filing of a certificate of conversion and other	2170
filings required by division (C) of this section or at any later	2171
date that the certificate of conversion specifies, the conversion	2172
is effective, subject to the limitation that no conversion will be	2173
effective if there are reasonable grounds to believe that the	2174
conversion would render the converted entity unable to pay its	2175
obligations as they become due in the usual course of its affairs.	2176

(E) The secretary of state shall furnish, upon request and	2177
payment of the fee specified in division (K)(2) of section 111.16	2178
of the Revised Code, the secretary of state's certificate setting	2179
forth all of the following:	2180

(1) The name and form of entity of the converting entity and	2181
the state under the laws of which it existed prior to the	2182
conversion;	2183

(2) The name and the form of entity of the converted entity	2184
and the state under the laws of which it will exist;	2185

(3) The date of filing of the certificate of conversion with	2186
the secretary of state and the effective date of the conversion.	2187

(F) The certificate of the secretary of state, or a copy of	2188
the certificate of conversion certified by the secretary of state,	2189
may be filed for record in the office of the recorder of any	2190
county in this state and, if filed, shall be recorded in the	2191
official records of ~~deeds for~~ that county. For the recording, the	2192
county recorder shall charge and collect the same fee as in the	2193
case of deeds.	2194

Sec. 1702.38. (A) The articles may be amended from time to	2195
time in any respect if the articles as amended set forth all the	2196
provisions that are required in, and only those provisions that	2197
may properly be in, original articles filed at the time of	2198
adopting the amendment, other than with respect to the initial	2199
directors, except that a public benefit corporation shall not	2200
amend its articles in such manner that it will cease to be a	2201
public benefit corporation.	2202

(B) Without limiting the generality of the authority	2203
described in division (A) of this section, the articles may be	2204
amended to:	2205

(1) Change the name of the corporation;

2206

(2) Change the place in this state where its principal office	2207
is to be located;	2208

(3) Change, enlarge, or diminish its purpose or purposes;

2209

(4) Change any provision of the articles or add any provision	2210
that may properly be included in the articles.	2211

(C)(1) The voting members present in person, by use of	2212
authorized communications equipment, by mail, or, if permitted, by	2213
proxy at a meeting held for that purpose, may adopt an amendment	2214
by the affirmative vote of a majority of the voting members	2215
present if a quorum is present or, if the articles or the	2216
regulations provide or permit, by the affirmative vote of a	2217
greater or lesser proportion or number of the voting members, and	2218
by the affirmative vote of the voting members of any particular	2219
class that is required by the articles or the regulations.	2220

(2) For purposes of division (C)(1) of this section,	2221
participation by a voting member at a meeting through the use of	2222
any of the means of communication described in that division	2223
constitutes presence in person of that voting member at the	2224
meeting for purposes of determining a quorum.	2225

(D) In addition to or in lieu of adopting an amendment to the	2226
articles, the voting members may adopt amended articles by the	2227
same action or vote as that required to adopt the amendment.	2228

(E) The directors may adopt amended articles to consolidate	2229
the original articles and all previously adopted amendments to the	2230
articles that are in force at the time, or the voting members at a	2231
meeting held for that purpose may adopt the amended articles by	2232
the same vote as that required to adopt an amendment.	2233

(F) Amended articles shall set forth all the provisions that	2234
are required in, and only the provisions that may properly be in,	2235
original articles filed at the time of adopting the amended	2236
articles, other than with respect to the initial directors, and	2237
shall contain a statement that they supersede the existing	2238
articles.	2239

(G) Upon the adoption of any amendment or amended articles, a	2240
certificate containing a copy of the resolution adopting the	2241
amendment or amended articles, a statement of the manner of its	2242
adoption, and, in the case of adoption of the resolution by the	2243
directors, a statement of the basis for such adoption, shall be	2244
filed with the secretary of state, and upon that filing the	2245
articles shall be amended accordingly, and the amended articles	2246
shall supersede the existing articles. The certificate shall be	2247
signed by any authorized officer of the corporation.	2248

(H) A copy of an amendment or amended articles changing the	2249
name of a corporation or its principal office in this state,	2250
certified by the secretary of state, may be filed for record in	2251
the office of the county recorder of any county in this state, and	2252
for that recording the county recorder shall charge and collect	2253
the same fee as provided for in division (A)(1) of section 317.32	2254
of the Revised Code. That copy shall be recorded in the official	2255
records of ~~deeds~~the county recorder.	2256

Sec. 1702.43. (A) Upon adoption by each constituent entity	2257
of an agreement of merger or consolidation pursuant to section	2258
1702.41 or 1702.411 of the Revised Code, a certificate of merger	2259
or consolidation signed by any authorized representative of each	2260
constituent entity, shall be filed with the secretary of state.	2261
The certificate shall be on a form prescribed by the secretary of	2262
state and shall set forth only the information required by this	2263
section.	2264

(1) The certificate of merger or consolidation shall set	2265
forth all of the following:	2266

(a) The name of each constituent entity and the state under	2267
whose laws each constituent entity exists;	2268

(b) A statement that each constituent entity has complied	2269
with all of the laws under which it exists and that the laws	2270
permit the merger or consolidation;	2271

(c) The name and mailing address of the person or entity that	2272
is to provide, in response to any written request made by a member	2273
or other person, a copy of the agreement of merger or	2274
consolidation;	2275

(d) The effective date of the merger or consolidation, which	2276
date may be on or after the date of the filing of the certificate;	2277

(e) The signature of each representative authorized to sign	2278
the certificate on behalf of each constituent entity and the	2279
office each representative authorized to sign holds or the	2280
capacity in which the representative is acting;	2281

(f) A statement that the agreement of merger or consolidation	2282
is authorized on behalf of each constituent entity and that each	2283
person who signed the certificate on behalf of each entity is	2284
authorized to do so;	2285

(g) In the case of a merger, a statement that one or more	2286
specified constituent entities will be merged into a specified	2287
surviving entity or, in the case of a consolidation, a statement	2288
that the constituent entities will be consolidated into a new	2289
entity;	2290

(h) In the case of a merger, if the surviving entity is a	2291
foreign entity not licensed to transact business in this state,	2292
the name and address of the statutory agent upon whom any process,	2293
notice, or demand may be served;	2294

(i) In the case of a consolidation, the name and address of	2295
the statutory agent upon whom any process, notice, or demand	2296
against any constituent entity or the new entity may be served.	2297

(2) In the case of a consolidation into a new domestic	2298
corporation, the articles of incorporation of the new domestic	2299
corporation shall be filed with the certificate of consolidation.	2300

(3) In the case of a merger into a domestic corporation, any	2301
amendments to the articles of incorporation of the surviving	2302
domestic corporation shall be filed with the certificate of	2303
merger. Filing requirements with respect to mergers and	2304
consolidations in which a domestic corporation is not the	2305
surviving or resulting entity shall be subject to division (B) of	2306
section 1702.43 of the Revised Code.	2307

(4) If the surviving or new entity is a foreign entity that	2308
desires to transact business in this state as a foreign	2309
corporation, limited liability company, limited partnership, or	2310
unincorporated association, the certificate of merger or	2311
consolidation shall be accompanied by the information required by	2312
division (A)(3)(h), (i), (j), or (k) of section 1702.411 of the	2313
Revised Code, whichever is applicable.	2314

(5) If a domestic or foreign corporation licensed to transact	2315
business in this state is a constituent entity and the surviving	2316
or new entity resulting from the merger or consolidation is not a	2317
domestic or foreign corporation that is to be licensed to transact	2318
business in this state, the certificate of merger or consolidation	2319
shall be accompanied by the affidavits, receipts, certificates, or	2320
other evidence required by division (G) of section 1702.47 of the	2321
Revised Code, with respect to each domestic corporation, and by	2322
the affidavits, receipts, certificates, or other evidence required	2323
by division (C) or (D) of section 1703.17 of the Revised Code,	2324
with respect to each foreign constituent corporation licensed to	2325
transact business in this state.	2326

(B) If any constituent entity in a merger or consolidation is	2327
organized or formed under the laws of a state other than this	2328
state or under any chapter of the Revised Code other than this	2329
chapter, there also shall be filed in the proper office all	2330
documents that are required to be filed in connection with the	2331
merger or consolidation by the laws of that state or by that	2332
chapter.	2333

(C) Upon the filing of a certificate of merger or	2334
consolidation and other filings as described in division (B) of	2335
this section, or at a later date that the certificate of merger or	2336
consolidation specifies, the merger or consolidation shall become	2337
effective.	2338

(D) The secretary of state shall furnish, upon request and	2339
payment of the fee specified in division (D) of section 111.16 of	2340
the Revised Code, a certificate setting forth the name and form of	2341
each constituent entity and the state under whose laws each	2342
constituent entity existed prior to the merger or consolidation,	2343
the name and form of the surviving or new entity and the state	2344
under whose laws the surviving entity exists or the new entity is	2345
to exist, the date of filing of the certificate of merger or	2346
consolidation with the secretary of state, and the effective date	2347
of the merger or consolidation. The certificate of the secretary	2348
of state or a copy of the merger or consolidation certified by the	2349
secretary of state may be filed for record in the office of the	2350
county recorder of any county in this state and, if filed, shall	2351
be recorded in the official records of ~~deeds for~~ that county. For	2352
that recording, the county recorder shall charge and collect the	2353
same fee as in the case of deeds.	2354

Sec. 1702.462. (A) Upon the adoption of a declaration of	2355
conversion pursuant to section 1702.461 of the Revised Code, or at	2356
a later time as authorized by the declaration of conversion, a	2357
certificate of conversion that is signed by an authorized	2358
representative of the converting entity shall be filed with the	2359
secretary of state. The certificate shall be on a form prescribed	2360
by the secretary of state and shall set forth only the information	2361
required under division (B) of this section.	2362

(B)(1) The certificate of conversion shall set forth all of	2363
the following:	2364

(a) The name and form of entity of the converting entity and	2365
the state under the laws of which the converting entity exists;	2366

(b) A statement that the converting entity has complied with	2367
all of the laws under which it exists and that the laws permit the	2368
conversion;	2369

(c) The name and mailing address of the person or entity that	2370
is to provide a copy of the declaration of conversion in response	2371
to any written request made by a member of the converting entity;	2372

(d) The effective date of the conversion, which date may be	2373
on or after the date of the filing of the certificate pursuant to	2374
this section;	2375

(e) The signature of the representative or representatives	2376
authorized to sign the certificate on behalf of the converting	2377
entity and the office held or the capacity in which the	2378
representative is acting;	2379

(f) A statement that the declaration of conversion is	2380
authorized on behalf of the converting entity and that each person	2381
signing the certificate on behalf of the converting entity is	2382
authorized to do so;	2383

(g) The name and the form of the converted entity and the	2384
state under the laws of which the converted entity will exist;	2385

(h) If the converted entity is a foreign entity that will not	2386
be licensed in this state, the name and address of the statutory	2387
agent upon whom any process, notice, or demand may be served.	2388

(2) In the case of a conversion into a limited liability	2389
company, limited partnership, or other partnership, any	2390
organizational document, including a designation of agent, that	2391
would be filed upon the creation of the new entity shall be filed	2392
with the certificate of conversion.	2393

(3) If the converted entity is a foreign entity that desires	2394
to transact business in this state, the certificate of conversion	2395
shall be accompanied by the information required by divisions	2396
(B)(1)(c)(ii) and (iii) of section 1702.461 of the Revised Code.	2397

(4) If a foreign or domestic corporation licensed to transact	2398
business in this state is the converting entity, the certificate	2399
of conversion shall be accompanied by the affidavits, receipts,	2400
certificates, or other evidence required by division (G) of	2401
section 1702.47 of the Revised Code, with respect to a converting	2402
domestic corporation, or by the affidavits, receipts,	2403
certificates, or other evidence required by division (C) or (D) of	2404
section 1703.17 of the Revised Code with respect to a foreign	2405
corporation.	2406

(C) If the converting entity or the converted entity is	2407
organized or formed under the laws of a state other than this	2408
state or under any chapter of the Revised Code other than this	2409
chapter, all documents required to be filed in connection with the	2410
conversion by the laws of that state or that chapter shall be	2411
filed in the proper office.	2412

(D) Upon the filing of a certificate of conversion and other	2413
filings required by division (C) of this section or at any later	2414
date that the certificate of conversion specifies, the conversion	2415
is effective, subject to the limitation that no conversion shall	2416
be effective if there are reasonable grounds to believe that the	2417
conversion would render the converted entity unable to pay its	2418
obligations as they become due in the usual course of its affairs.	2419

(E) The secretary of state shall furnish, upon request and	2420
payment of the fee specified in division (K)(2) of section 111.16	2421
of the Revised Code, the secretary of state's certificate setting	2422
forth all of the following:	2423

(1) The name and form of entity of the converting entity and	2424
the state under the laws of which it existed prior to the	2425
conversion;	2426

(2) The name and form of entity of the converted entity and	2427
the state under the laws of which it will exist;	2428

(3) The date of filing of the certificate of conversion with	2429
the secretary of state and the effective date of the conversion.	2430

(F) The certificate of the secretary of state, or a copy of	2431
the certificate of conversion certified by the secretary of state,	2432
may be filed for record in the office of the county recorder of	2433
any county in this state and, if filed, shall be recorded in the	2434
official records of ~~deeds for~~ that county. For the recording, the	2435
county recorder shall charge and collect the same fee as in the	2436
case of deeds.	2437

Sec. 1705.38. (A) Upon the adoption by each constituent	2438
entity of an agreement of merger or consolidation pursuant to	2439
section 1705.36 or 1705.37 of the Revised Code, a certificate of	2440
merger or consolidation shall be filed with the secretary of state	2441
that is signed by a manager of each constituent limited liability	2442
company in which the management is not reserved to its members, by	2443
at least one member of each other constituent limited liability	2444
company, by at least one general partner of each constituent	2445
partnership, and by an authorized representative of each other	2446
constituent entity. The certificate shall be on a form prescribed	2447
by the secretary of state and shall set forth only the information	2448
required by this section.	2449

(B)(1) The certificate of merger or consolidation shall set	2450
forth all of the following:	2451

(a) The name and the form of entity of each constituent	2452
entity and the state under the laws of which each constituent	2453
entity exists;	2454

(b) A statement that each constituent entity has complied	2455
with all of the laws under which it exists and that the laws	2456
permit the merger or consolidation;	2457

(c) The name and mailing address of the person or entity that	2458
is to provide, in response to any written request made by a	2459
shareholder, partner, or other equity holder of a constituent	2460
entity, a copy of the agreement of merger or consolidation;	2461

(d) The effective date of the merger or consolidation, which	2462
date may be on or after the date of the filing of the certificate;	2463

(e) The signature of the representative or representatives	2464
authorized to sign the certificate on behalf of each constituent	2465
entity and the office held or the capacity in which the	2466
representative is acting;	2467

(f) A statement that the agreement of merger or consolidation	2468
is authorized on behalf of each constituent entity and that the	2469
persons who signed the certificate on behalf of each entity are	2470
authorized to do so;	2471

(g) In the case of a merger, a statement that one or more	2472
specified constituent entities will be merged into a specified	2473
surviving entity or, in the case of a consolidation, a statement	2474
that the constituent entities will be consolidated into a new	2475
entity;	2476

(h) In the case of a merger, if the surviving entity is a	2477
foreign entity not licensed to transact business in this state,	2478
the name and address of the statutory agent upon whom any process,	2479
notice, or demand may be served;	2480

(i) In the case of a consolidation, the name and address of	2481
the statutory agent upon whom any process, notice, or demand	2482
against any constituent entity or the new entity may be served.	2483

(2) In the case of a consolidation into a new domestic	2484
corporation, limited liability company, or limited partnership,	2485
the articles of incorporation, the articles of organization, or	2486
the certificate of limited partnership of the new domestic entity	2487
shall be filed with the certificate of merger or consolidation.	2488

(3) In the case of a merger into a domestic corporation,	2489
limited liability company, or limited partnership, any amendments	2490
to the articles of incorporation, articles of organization, or	2491
certificate of limited partnership of the surviving domestic	2492
entity shall be filed with the certificate of merger or	2493
consolidation.	2494

(4) If the surviving or new entity is a foreign entity that	2495
desires to transact business in this state as a foreign	2496
corporation, limited liability company, or limited partnership,	2497
the certificate of merger or consolidation shall be accompanied by	2498
the information required by division (B)(8), (9), or (10) of	2499
section 1705.37 of the Revised Code.	2500

(5) If a foreign or domestic corporation licensed to transact	2501
business in this state is a constituent entity and the surviving	2502
or new entity resulting from the merger or consolidation is not a	2503
foreign or domestic corporation that is to be licensed to transact	2504
business in this state, the certificate of merger or consolidation	2505
shall be accompanied by the affidavits, receipts, certificates, or	2506
other evidence required by division (H) of section 1701.86 of the	2507
Revised Code, with respect to each domestic constituent	2508
corporation, and by the affidavits, receipts, certificates, or	2509
other evidence required by division (C) or (D) of section 1703.17	2510
of the Revised Code, with respect to each foreign constituent	2511
corporation licensed to transact business in this state.	2512

(C) If any constituent entity in a merger or consolidation is	2513
organized or formed under the laws of a state other than this	2514
state or under any chapter of the Revised Code other than this	2515
chapter, there also shall be filed in the proper office all	2516
documents that are required to be filed in connection with the	2517
merger or consolidation by the laws of that state or by that	2518
chapter.	2519

(D) Upon the filing of a certificate of merger or	2520
consolidation and other filings as described in division (C) of	2521
this section or at any later date that the certificate of merger	2522
or consolidation specifies, the merger or consolidation is	2523
effective.	2524

(E)(1) Upon request and payment of the fee specified in	2525
division (D) of section 111.16 of the Revised Code, the secretary	2526
of state shall furnish the secretary of state's certificate	2527
setting forth all of the following:	2528

(a) The name and form of entity of each constituent entity	2529
and the states under the laws of which each constituent entity	2530
existed prior to a merger or consolidation;	2531

(b) The name and the form of entity of the surviving or new	2532
entity and the state under the laws of which the surviving entity	2533
exists or the new entity is to exist;	2534

(c) The date of the filing of the certificate of merger or	2535
consolidation in the secretary of state's office;	2536

(d) The effective date of the merger or consolidation.

2537

(2) The certificate of the secretary of state or a copy of a	2538
certificate of merger or consolidation that has been certified by	2539
the secretary of state may be filed for record in the office of	2540
the county recorder of any county in this state and, if filed,	2541
shall be recorded in the ~~record~~official records of ~~deeds for~~ that	2542
county. For that recording, the county recorder shall charge and	2543
collect the same fees as for recording a deed.	2544

Sec. 1705.381. (A) Upon the adoption of a declaration of	2545
conversion pursuant to section 1705.361 or 1705.371 of the Revised	2546
Code, or at a later time as authorized by the declaration of	2547
conversion, a certificate of conversion that is signed by an	2548
authorized representative of the converting entity shall be filed	2549
with the secretary of state. The certificate shall be on a form	2550
prescribed by the secretary of state and shall set forth only the	2551
information required by this section.	2552

(B)(1) The certificate of conversion shall set forth all of	2553
the following:	2554

(a) The name and the form of entity of the converting entity	2555
and the state under the laws of which the converting entity	2556
exists;	2557

(b) A statement that the converting entity has complied with	2558
all of the laws under which it exists and that those laws permit	2559
the conversion;	2560

(c) The name and mailing address of the person or entity that	2561
is to provide a copy of the declaration of conversion in response	2562
to any written request made by a shareholder, partner, or member	2563
of the converting entity;	2564

(d) The effective date of the conversion, which date may be	2565
on or after the date of the filing of the certificate pursuant to	2566
this section;	2567

(e) The signature and title of the representative or	2568
representatives authorized to sign the certificate on behalf of	2569
the converting entity;	2570

(f) A statement that the declaration of conversion is	2571
authorized on behalf of the converting entity and that each person	2572
signing the certificate on behalf of the converting entity is	2573
authorized to do so;	2574

(g) The name and the form of the converted entity and the	2575
state under the laws of which the converted entity will exist;	2576

(h) If the converted entity is a foreign entity that will not	2577
be licensed in this state, the name and address of the statutory	2578
agent upon whom any process, notice or demand may be served.	2579

(2) In the case of a conversion into a new domestic	2580
corporation, limited liability company, limited partnership, or	2581
other partnership, any organizational document that would be filed	2582
upon the creation of the converted entity shall be filed with the	2583
certificate of conversion.	2584

(3) If the converted entity is a foreign entity that desires	2585
to transact business in this state, the certificate of conversion	2586
shall be accompanied by the information required by division	2587
(B)(8), (9), or (10) of section 1705.37 of the Revised Code.	2588

(4) If a foreign or domestic corporation licensed to transact	2589
business in this state is the converting entity, the certificate	2590
of conversion shall be accompanied by the affidavits, receipts,	2591
certificates, or other evidence required by division (H) of	2592
section 1701.86 of the Revised Code with respect to a converting	2593
domestic corporation or by the affidavits, receipts, certificates,	2594
or other evidence required by division (C) or (D) of section	2595
1703.17 of the Revised Code with respect to a foreign corporation.	2596

(C) If the converting entity or the converted entity is	2597
organized or formed under the laws of a state other than this	2598
state or under any chapter of the Revised Code other than this	2599
chapter, all documents required to be filed in connection with the	2600
conversion by the laws of that state or that chapter shall be	2601
filed in the proper office.	2602

(D) Upon the filing of a certificate of conversion and other	2603
filings required by division (C) of this section or at any later	2604
date that the certificate of conversion specifies, the conversion	2605
is effective, subject to the limitation that no conversion will be	2606
effective if there are reasonable grounds to believe that the	2607
conversion would render the converted entity unable to pay its	2608
obligations as they become due in the usual course of its affairs.	2609

(E) The secretary of state shall furnish, upon request and	2610
payment of the fee specified in division (K)(2) of section 111.16	2611
of the Revised Code, the secretary of state's certificate setting	2612
forth all of the following:	2613

(1) The name and form of entity of the converting entity and	2614
the state under the laws of which it existed prior to the	2615
conversion;	2616

(2) The name and the form of entity of the converted entity	2617
and the state under the law of which it will exist;	2618

(3) The date of filing of the certificate of conversion with	2619
the secretary of state and the effective date of the conversion.	2620

(F) The certificate of the secretary of state, or a copy of	2621
the certificate of conversion certified by the secretary of state,	2622
may be filed for record in the office of the county recorder of	2623
any county in this state and, if filed, shall be recorded in the	2624
official records of ~~deeds for~~ that county. For the recording, the	2625
county recorder shall charge and collect the same fee as in the	2626
case of deeds.	2627

Sec. 1729.38. (A)(1) Upon adoption of an agreement of merger	2628
or consolidation under section 1729.35 or 1729.36 of the Revised	2629
Code, a certificate, signed by any authorized officer or	2630
representative of each constituent association or entity, shall be	2631
filed with the secretary of state on a form prescribed by the	2632
secretary of state that sets forth the following:	2633

(a) The name and form of each constituent association or	2634
entity and the state law under which each constituent entity	2635
exists;	2636

(b) A statement that each constituent association or entity	2637
has adopted the agreement of merger or consolidation, the manner	2638
of adoption, and that the agreement was adopted in compliance with	2639
the laws applicable to each constituent association or entity;	2640

(c) The effective date of the merger or consolidation, which	2641
date may be on or after the date of filing of the certificate;	2642

(d) In the case of a merger, a statement that one or more	2643
specified constituent associations or entities will be merged into	2644
a specified surviving association or entity or, in the case of a	2645
consolidation, a statement that the constituent associations or	2646
entities will be consolidated into a new association or entity;	2647

(e) The name and address of the statutory agent upon whom any	2648
process, notice, or demand against any constituent association or	2649
entity, or the surviving or new association or entity, may be	2650
served.	2651

(2) In the case of a merger into an association or domestic	2652
entity, any amendments to the articles of incorporation or the	2653
articles orof organization of the surviving association or entity	2654
shall be filed with the certificate.	2655

(3) In the case of a consolidation to form a new domestic	2656
association or entity, the articles of incorporation or the	2657
articles of organization of the new association or entity shall be	2658
filed with the certificate.	2659

(4) If the surviving or new entity is a foreign entity that	2660
desires to transact business in this state as a foreign entity,	2661
the certificate shall be accompanied by the information required	2662
for qualification of a foreign entity in this state by Chapter	2663
1703. of the Revised Code, in the case of a foreign corporation or	2664
foreign cooperative, or by sections 1705.53 and 1705.54 of the	2665
Revised Code, in the case of a foreign limited liability company.	2666

(B) A copy of the certificate of merger or consolidation,	2667
certified by the secretary of state, may be filed for record in	2668
the office of the county recorder of any county in this state. For	2669
such recording, the county recorder shall charge and collect the	2670
same fee as in the case of deeds. The certified copy of the	2671
certificate of merger or consolidation shall be recorded in the	2672
official records of ~~deeds~~the county recorder.	2673

(C) For purposes of this section, "domestic entity" means a	2674
corporation other than an association or a limited liability	2675
company organized under the laws of this state.	2676

Sec. 1776.70. (A) Upon the adoption by each constituent	2677
entity of an agreement of merger or consolidation pursuant to	2678
section 1776.68 or 1776.69 of the Revised Code, the resulting	2679
entity shall file a certificate of merger or consolidation with	2680
the secretary of state, unless the only constituent entities that	2681
are domestic entities are partnerships, and in the case of a	2682
consolidation, the resulting entity is a domestic partnership, in	2683
which case the filing of a certificate of merger or consolidation	2684
is optional. Any certificate shall be on a form the secretary of	2685
state prescribes, signed by an authorized representative of each	2686
constituent entity, and set forth only the information this	2687
section requires.	2688

(B)(1) The certificate of merger or consolidation shall set	2689
forth all of the following:	2690

(a) The name and the form of entity of each constituent	2691
entity and the state under the laws of which each constituent	2692
entity exists;	2693

(b) A statement that each constituent entity has complied	2694
with all of the laws under which it exists and that the laws	2695
permit the merger or consolidation;	2696

(c) The name and mailing address of the person or entity that	2697
is to provide, in response to any written request made by a	2698
shareholder, partner, or other equity holder of a constituent	2699
entity, a copy of the agreement of merger or consolidation;	2700

(d) The effective date of the merger or consolidation, which	2701
date shall be on or after the date of the filing of the	2702
certificate;	2703

(e) The signature of the representative or representatives	2704
authorized to sign the certificate on behalf of each constituent	2705
entity and the office held or the capacity in which the	2706
representative is acting;	2707

(f) A statement that the agreement of merger or consolidation	2708
is authorized on behalf of each constituent entity and that each	2709
person who signed the certificate on behalf of each entity is	2710
authorized to do so;	2711

(g) In the case of a merger, a statement that one or more	2712
specified constituent entities will be merged into a specified	2713
surviving entity or, in the case of a consolidation, a statement	2714
that the constituent entities will be consolidated into a new	2715
entity;	2716

(h) The name and form of the surviving entity in the case of	2717
a merger or the name and form of the new entity in the case of a	2718
consolidation;	2719

(i) In the case of a merger, if the surviving entity is a	2720
foreign entity not licensed to transact business in this state,	2721
the name and address of the statutory agent upon whom any process,	2722
notice, or demand may be served;	2723

(j) In the case of a consolidation, the name and address of	2724
the statutory agent upon whom any process, notice, or demand	2725
against any constituent entity or the new entity may be served.	2726

(2) In the case of a consolidation into a new domestic	2727
corporation, limited liability company, or limited partnership,	2728
the articles of incorporation, the articles of organization, or	2729
the certificate of limited partnership of the new domestic entity	2730
shall be filed with the certificate of consolidation.	2731

(3) In the case of a merger into a domestic corporation,	2732
limited liability company, or limited partnership, any amendments	2733
to the articles of incorporation, articles of organization, or	2734
certificate of limited partnership of the surviving domestic	2735
entity shall be filed with the certificate of merger.	2736

(4) If the surviving or new entity is a foreign entity that	2737
desires to transact business in this state as a foreign	2738
corporation, limited liability company, limited partnership, or	2739
limited liability partnership, the certificate of merger or	2740
consolidation shall be accompanied by the information required by	2741
division (B)(7), (8), (9), or (10) of section 1776.69 of the	2742
Revised Code.	2743

(5) If a domestic corporation or a foreign corporation	2744
licensed to transact business in this state is a constituent	2745
entity and the surviving or new entity resulting from the merger	2746
or consolidation is not a domestic corporation or a foreign	2747
corporation that is to be licensed to transact business in this	2748
state, the certificate of merger or consolidation shall be	2749
accompanied by the affidavits, receipts, certificates, or other	2750
evidence required by division (H) of section 1701.86 of the	2751
Revised Code, with respect to each domestic constituent	2752
corporation, and by the affidavits, receipts, certificates, or	2753
other evidence required by division (C) or (D) of section 1703.17	2754
of the Revised Code, with respect to each foreign constituent	2755
corporation licensed to transact business in this state.	2756

(C) If any constituent entity in a merger or consolidation is	2757
organized or formed under the laws of a state other than this	2758
state or under any chapter of the Revised Code other than this	2759
chapter, there also shall be filed in the proper office all	2760
documents that are required to be filed in connection with the	2761
merger or consolidation by the laws of that state or by that	2762
chapter.	2763

(D)(1) Upon the filing of a certificate of merger or	2764
consolidation and other filings as described in division (C) of	2765
this section, or at any later date that the certificate of merger	2766
or consolidation specifies, the merger or consolidation is	2767
effective, subject to the limitation specified in division (B)(6)	2768
of section 1776.68 of the Revised Code.	2769

(2) If domestic partnerships are the only domestic entities	2770
that are constituent entities or the resulting entity in a merger	2771
or consolidation, and the agreement of merger or consolidation	2772
provides for a means of determining when the merger becomes	2773
effective, other than based upon the filing of a certificate of	2774
merger, the merger becomes effective at the time determined in	2775
accordance with the agreement of merger or consolidation.	2776

(E)(1) Upon request and payment of the fee division (K)(2) of	2777
section 111.16 of the Revised Code specifies, the secretary of	2778
state shall furnish a certificate setting forth the name and form	2779
of entity of each constituent entity and the states under the laws	2780
of which each constituent entity existed prior to the merger or	2781
consolidation, the name and the form of entity of the surviving or	2782
new entity and the state under the laws of which the surviving	2783
entity exists or the new entity is to exist, the date of filing of	2784
the certificate of merger or consolidation with the secretary of	2785
state, and the effective date of the merger or consolidation.	2786

(2) The certificate of the secretary of state, or a copy of	2787
the certificate of merger or consolidation certified by the	2788
secretary of state, may be filed for record in the office of the	2789
county recorder of any county in this state and, if filed, shall	2790
be recorded in the official records of ~~deeds for~~ that county. For	2791
that recording, the county recorder shall charge and collect the	2792
same fee as in the case of deeds.	2793

Sec. 1776.74. (A) Upon the adoption of a declaration of	2794
conversion pursuant to section 1776.72 or 1776.73 of the Revised	2795
Code, or at a later time as authorized by the declaration of	2796
conversion, a certificate of conversion that is signed by an	2797
authorized representative of the converting entity shall be filed	2798
by the authorized representative with the secretary of state. The	2799
certificate shall be on a form prescribed by the secretary of	2800
state and shall set forth only the information required by this	2801
section.	2802

(B)(1) The certificate of conversion shall set forth all of	2803
the following:	2804

(a) The name and the form of entity of the converting entity	2805
and the state under the laws of which the converting entity	2806
exists;	2807

(b) A statement that the converting entity has complied with	2808
all of the laws under which it exists and that those laws permit	2809
the conversion;	2810

(c) The name and mailing address of the person or entity that	2811
is to provide a copy of the declaration of conversion in response	2812
to any written request made by a shareholder, partner, or member	2813
of the converting entity;	2814

(d) The effective date of the conversion, which date may be	2815
on or after the date of the filing of the certificate pursuant to	2816
this section;	2817

(e) The signature of the representative or representatives	2818
authorized to sign the certificate on behalf of the converting	2819
entity and the office held or the capacity in which the	2820
representative is acting;	2821

(f) A statement that the declaration of conversion is	2822
authorized on behalf of the converting entity and that each person	2823
who has signed the certificate on behalf of the converting entity	2824
is authorized to do so;	2825

(g) The name and the form of the converted entity and the	2826
state under the laws of which the converted entity will exist;	2827

(h) If the converted entity is a foreign entity that will not	2828
be licensed in this state, the name and address of the statutory	2829
agent upon whom any process, notice, or demand may be served.	2830

(2) In the case of a conversion into a new domestic	2831
corporation, limited liability company, limited partnership, or	2832
other partnership, any organizational document that would be filed	2833
upon the creation of the converted entity shall be filed with the	2834
certificate of conversion.	2835

(3) If the converted entity is a foreign entity that desires	2836
to transact business in this state, the certificate of conversion	2837
shall be accompanied by the information required by division	2838
(B)(7), (8), (9), or (10) of section 1776.69 of the Revised Code.	2839

(4) If a domestic corporation or a foreign corporation	2840
licensed to transact business in this state is the converting	2841
entity, the certificate of conversion shall be accompanied by the	2842
affidavits, receipts, certificates, or other evidence required by	2843
division (H) of section 1701.86 of the Revised Code with respect	2844
to a converting domestic corporation, or by the affidavits,	2845
receipts, certificates, or other evidence required by division (C)	2846
or (D) of section 1703.17 of the Revised Code with respect to a	2847
foreign corporation.	2848

(C) If the converting entity or the converted entity is	2849
organized or formed under the laws of a state other than this	2850
state or under any chapter of the Revised Code other than this	2851
chapter, all documents required to be filed in connection with the	2852
conversion by the laws of that state or that chapter also shall be	2853
filed in the proper office.	2854

(D) Upon the filing of a certificate of conversion and other	2855
filings required by division (C) of this section, or at any later	2856
date that the certificate of conversion specifies, the conversion	2857
is effective, subject to the limitation that no conversion shall	2858
be effected if there are reasonable grounds to believe that the	2859
conversion would render the converted entity unable to pay its	2860
obligations as the obligations become due in the usual course of	2861
the converted entity's affairs.	2862

(E) Upon request and payment of the fee specified in division	2863
(K)(2) of section 111.16 of the Revised Code, the secretary of	2864
state shall furnish a certificate setting forth all of the	2865
following:	2866

(1) The name and form of entity of the converting entity and	2867
the state under the laws of which it existed prior to the	2868
conversion;	2869

(2) The name and the form of entity of the converted entity	2870
and the state under the law of which it will exist;	2871

(3) The date of filing of the certificate of conversion with	2872
the secretary of state and the effective date of the conversion.	2873

(F) The certificate of the secretary of state or a copy of	2874
the certificate of conversion certified by the secretary of state,	2875
may be filed for record in the office of the county recorder of	2876
any county in this state and, if filed, shall be recorded in the	2877
official records of ~~deeds for~~ that county. For the recording, the	2878
county recorder shall charge and collect the same fee as in the	2879
case of deeds.	2880

Sec. 1782.433. (A) Upon the adoption by each constituent	2881
entity of an agreement of merger or consolidation pursuant to	2882
section 1782.431 or 1782.432 of the Revised Code, a certificate of	2883
merger or consolidation shall be filed with the secretary of state	2884
that is signed by an authorized representative of each constituent	2885
entity. The certificate shall be on a form prescribed by the	2886
secretary of state and shall set forth only the information	2887
required by this section.	2888

(B)(1) The certificate of merger or consolidation shall set	2889
forth all of the following:	2890

(a) The name and the form of entity of each constituent	2891
entity and the state under the laws of which each constituent	2892
entity exists;	2893

(b) A statement that each constituent entity has complied	2894
with all of the laws under which it exists and that the laws	2895
permit the merger or consolidation;	2896

(c) The name and mailing address of the person or entity that	2897
is to provide, in response to any written request made by a	2898
shareholder, partner, or other equity holder of a constituent	2899
entity, a copy of the agreement of merger or consolidation;	2900

(d) The effective date of the merger or consolidation, which	2901
date may be on or after the date of the filing of the certificate;	2902

(e) The signature of the representative or representatives	2903
authorized to sign the certificate on behalf of each constituent	2904
entity and the office held or the capacity in which the	2905
representative is acting;	2906

(f) A statement that the agreement of merger or consolidation	2907
is authorized on behalf of each constituent entity and that the	2908
persons who signed the certificate on behalf of each entity are	2909
authorized to do so;	2910

(g) In the case of a merger, a statement that one or more	2911
specified constituent entities will be merged into a specified	2912
surviving entity or, in the case of a consolidation, a statement	2913
that the constituent entities will be consolidated into a new	2914
entity;	2915

(h) In the case of a merger, if the surviving entity is a	2916
foreign entity not licensed to transact business in this state,	2917
the name and address of the statutory agent upon whom any process,	2918
notice, or demand may be served;	2919

(i) In the case of a consolidation, the name and address of	2920
the statutory agent upon whom any process, notice, or demand	2921
against any constituent entity or the new entity may be served.	2922

(2) In the case of a consolidation into a new domestic	2923
corporation, limited liability company, or limited partnership,	2924
the articles of incorporation, the articles of organization, or	2925
the certificate of limited partnership of the new domestic entity	2926
shall be filed with the certificate of merger or consolidation.	2927

(3) In the case of a merger into a domestic corporation,	2928
limited liability company, or limited partnership, any amendments	2929
to the articles of incorporation, articles of organization, or	2930
certificate of limited partnership of the surviving domestic	2931
entity shall be filed with the certificate of merger or	2932
consolidation.	2933

(4) If the surviving or new entity is a foreign entity that	2934
desires to transact business in this state as a foreign	2935
corporation, limited liability company, or limited partnership,	2936
the certificate of merger or consolidation shall be accompanied by	2937
the information required by division (B)(7), (8), or (9) of	2938
section 1782.432 of the Revised Code.	2939

(5) If a foreign or domestic corporation licensed to transact	2940
business in this state is a constituent entity and the surviving	2941
or new entity resulting from the merger or consolidation is not a	2942
foreign or domestic corporation that is to be licensed to transact	2943
business in this state, the certificate of merger or consolidation	2944
shall be accompanied by the affidavits, receipts, certificates, or	2945
other evidence required by division (H) of section 1701.86 of the	2946
Revised Code, with respect to each domestic constituent	2947
corporation, and by the affidavits, receipts, certificates, or	2948
other evidence required by division (C) or (D) of section 1703.17	2949
of the Revised Code, with respect to each foreign constituent	2950
corporation licensed to transact business in this state.	2951

(C) If any constituent entity in a merger or consolidation is	2952
organized or formed under the laws of a state other than this	2953
state or under any chapter of the Revised Code other than this	2954
chapter, there also shall be filed in the proper office all	2955
documents that are required to be filed in connection with the	2956
merger or consolidation by the laws of that state or by that	2957
chapter.	2958

(D) Upon the filing of a certificate of merger or	2959
consolidation and other filings as described in division (C) of	2960
this section or at any later date that the certificate of merger	2961
or consolidation specifies, the merger or consolidation is	2962
effective.	2963

(E) The secretary of state shall furnish, upon request and	2964
payment of the fee specified in division (K)(2) of section 111.16	2965
of the Revised Code, the secretary of state's certificate setting	2966
forth: the name and form of entity of each constituent entity and	2967
the states under the laws of which each constituent entity existed	2968
prior to the merger or consolidation; the name and the form of	2969
entity of the surviving or new entity and the state under the laws	2970
of which the surviving entity exists or the new entity is to	2971
exist; the date of filing of the certificate of merger or	2972
consolidation with the secretary of state; and the effective date	2973
of the merger or consolidation. The certificate of the secretary	2974
of state, or a copy of the certificate of merger or consolidation	2975
certified by the secretary of state, may be filed for record in	2976
the office of the county recorder of any county in this state and,	2977
if filed, shall be recorded in the official records of ~~deeds for~~	2978
that county. For that recording, the county recorder shall charge	2979
and collect the same fee as in the case of deeds.	2980

Sec. 1782.4310. (A) Upon the adoption of a declaration of	2981
conversion pursuant to section 1782.438 or 1782.439 of the Revised	2982
Code, or at a later time as authorized by the declaration of	2983
conversion, a certificate of conversion that is signed by an	2984
authorized representative of the converting entity shall be filed	2985
with the secretary of state. The certificate shall be on a form	2986
prescribed by the secretary of state and shall set forth only the	2987
information required by this section.	2988

(B)(1) The certificate of conversion shall set forth all of	2989
the following:	2990

(a) The name and the form of entity of the converting entity	2991
and the state under the laws of which the converting entity	2992
exists;	2993

(b) A statement that the converting entity has complied with	2994
all of the laws under which it exists and that those laws permit	2995
the conversion;	2996

(c) The name and mailing address of the person or entity that	2997
is to provide a copy of the declaration of conversion in response	2998
to any written request made by a shareholder, partner, or member	2999
of the converting entity;	3000

(d) The effective date of the conversion, which date may be	3001
on or after the date of the filing of the certificate pursuant to	3002
this section;	3003

(e) The signature of the representative or representatives	3004
authorized to sign the certificate on behalf of the converting	3005
entity and the office held or the capacity in which the	3006
representative is acting;	3007

(f) A statement that the declaration of conversion is	3008
authorized on behalf of the converting entity and that each person	3009
that signed the certificate on behalf of the converting entity is	3010
authorized to do so;	3011

(g) The name and the form of the converted entity and the	3012
state under the laws of which the converted entity will exist;	3013

(h) If the converted entity is a foreign entity that will not	3014
be licensed in this state, the name and address of the statutory	3015
agent upon whom any process, notice, or demand may be served.	3016

(2) In the case of a conversion into a new domestic	3017
corporation, limited liability company, or partnership, any	3018
organizational document that would be filed upon the creation of	3019
the converted entity shall be filed with the certificate of	3020
conversion.	3021

(3) If the converted entity is a foreign entity that desires	3022
to transact business in this state, the certificate of conversion	3023
shall be accompanied by the information required by division	3024
(B)(7), (8), or (9) of section 1782.432 of the Revised Code.	3025

(4) If a foreign or domestic corporation licensed to transact	3026
business in this state is the converting entity, the certificate	3027
of conversion shall be accompanied by the affidavits, receipts,	3028
certificates, or other evidence required by division (H) of	3029
section 1701.86 of the Revised Code with respect to a converting	3030
domestic corporation, or by the affidavits, receipts,	3031
certificates, or other evidence required by division (C) or (D) of	3032
section 1703.17 of the Revised Code with respect to a foreign	3033
corporation.	3034

(C) If the converting entity or the converted entity is	3035
organized or formed under the laws of a state other than this	3036
state or under any chapter of the Revised Code other than this	3037
chapter, all documents required to be filed in connection with the	3038
conversion by the laws of that state or that chapter shall be	3039
filed in the proper office.	3040

(D) Upon the filing of a certificate of conversion and other	3041
filings required by division (C) of this section, or at any later	3042
date that the certificate of conversion specifies, the conversion	3043
is effective, subject to the limitation that no conversion shall	3044
be effected if there are reasonable grounds to believe that the	3045
conversion would render the converted entity unable to pay its	3046
obligations as they become due in the usual course of its affairs.	3047

(E) The secretary of state shall furnish, upon request and	3048
payment of the fee specified in division (K)(2) of section 111.16	3049
of the Revised Code, the secretary of state's certificate setting	3050
forth all of the following:	3051

(1) The name and form of entity of the converting entity and	3052
the state under the laws of which it existed prior to the	3053
conversion;	3054

(2) The name and the form of entity of the converted entity	3055
and the state under the law of which it will exist;	3056

(3) The date of filing of the certificate of conversion with	3057
the secretary of state and the effective date of the conversion.	3058

(F) The certificate of the secretary of state, or a copy of	3059
the certificate of conversion certified by the secretary of state,	3060
may be filed for record in the office of the county recorder of	3061
any county in this state and, if filed, shall be recorded in the	3062
official records of ~~deeds for~~ that county. For the recording, the	3063
county recorder shall charge and collect the same fee as in the	3064
case of deeds.	3065

Sec. 2113.62. Upon receipt of the certificate provided for	3066
in section 2113.61 of the Revised Code, the county recorder shall	3067
record it in the ~~books provided for the recording of deeds~~	3068
official records and index ~~those records~~the certificate in the	3069
name of the decedent as grantor and the person to whom the real	3070
property passes as grantee in the ~~index~~indexes provided for ~~the~~	3071
~~record of deeds~~in section 317.18 of the Revised Code.	3072

Sec. 2505.13. If a supersedeas bond has been executed and	3073
filed and the surety is one other than a surety company, the clerk	3074
of the court with which the bond has been filed, upon request,	3075
shall issue a certificate that sets forth the fact that the bond	3076
has been filed and that states the style and number of the appeal,	3077
the amount of the bond, and the sureties on it. Such a certificate	3078
may be filed in the office of the county recorder of any county in	3079
which the sureties may own land, and, when filed, the bond shall	3080
be a lien upon the land of the sureties in such county. The lien	3081
shall be extinguished upon the satisfaction, reversal, or vacation	3082
of the final order, judgment, or decree involved, or by an order	3083
of the court that entered the final order, judgment, or decree,	3084
that releases the lien or releases certain land from the operation	3085
of the lien.	3086

The clerk~~, upon request,~~ shall issue a notice of discharge of	3087
such a lien, which ~~may~~shall be filed in the office of any county	3088
recorder in whose office the certificate of lien was filed. Such	3089
notice shall state that the final order, judgment, or decree	3090
involved is satisfied, reversed, or vacated, or that an order has	3091
been entered that releases the lien or certain land from the	3092
operation of the lien. ~~Such~~The county recorder shall properly	3093
~~keep and file such~~record the certificates and notices ~~as are~~	3094
~~filed with the recorder~~in the official records provided for in	3095
section 317.08 of the Revised Code and shall index them in the	3096
~~book or record~~indexes provided for in section ~~2937.27~~317.18 of	3097
the Revised Code.	3098

The fee for issuing such a certificate or notice shall be as	3099
provided by law, and shall be taxed as part of the costs of the	3100
appeal. A county recorder shall receive a base fee of fifty cents	3101
for filing and indexing such a certificate, ~~which fee shall cover~~	3102
~~the filing and the entering on the index of the notice~~ and a	3103
housing trust fund fee of fifty cents pursuant to section 317.36	3104
of the Revised Code.	3105

Sec. 2937.27. The county recorder of the county in which the	3106
property of a surety on a recognizance is located, shall keep and	3107
file in the official records all notices of lien and notices of	3108
discharge ~~which~~that are filed with ~~him~~the county recorder	3109
pursuant to section 2937.26 of the Revised Code~~, and shall keep in~~	3110
~~addition thereto, a book or record in which he shall index notice~~	3111
~~of liens and notice of discharges, as they are filed with him~~.	3112
When a lien has been released or discharged for a period of one	3113
year, the county recorder may destroy all notices of such lien.	3114
The county recorder may use any nonpaper electronic or magnetic	3115
medium specified in section 9.01 of the Revised Code to record the	3116
notices of lien and the notices of discharge. If the county	3117
recorder wishes to dispose of paper versions of the notices	3118
because they are no longer needed in that format, the county	3119
recorder shall request the county records commission to revise the	3120
county's schedule of records retention and disposal in accordance	3121
with section 149.38 of the Revised Code to provide for the	3122
disposal of those paper records.	3123

Sec. 3929.18. Any building insured by a mutual company must	3124
be pledged to such company, together with the right and title of	3125
the insured in the land upon which it is situated, to the amount	3126
of the premium note or contingent liability, and the company shall	3127
have a lien on such building and land to the amount of such note	3128
or liability. Such lien shall not take effect until the company	3129
files, with the county recorder of the county in which the	3130
property insured is located, a certificate stating the date,	3131
number, and amount of the premium note or contingent liability,	3132
and such a description of the property insured as will enable a	3133
person readily to identify it. The lien is valid for a period of	3134
five years from the date of filing, unless sooner released or	3135
satisfied in the same manner provided by law for the release and	3136
satisfaction of mortgages on real property or discharged by the	3137
final judgment or order of a court of competent jurisdiction.	3138

A lien may be extended by the filing of an extension	3139
certificate that references the original certificate and any	3140
previous extension certificates prior to the expiration date of	3141
the original certificate or then current extension certificate, in	3142
which case the lien is valid for a period of five years from the	3143
date of the filing of the extension certificate unless sooner	3144
released or satisfied in the manner provided in this section. Any	3145
lien filed under this section prior to ~~the effective date of this~~	3146
~~amendment~~July 14, 2004, shall be valid for a period of five years	3147
after ~~the effective date of this amendment~~July 14, 2004, unless	3148
sooner released or satisfied in the manner provided in this	3149
section, and may be extended by the filing of an extension	3150
certificate prior to the expiration of the five-year period.	3151

The county recorder ~~must~~shall record ~~and index~~ such	3152
certificates in the recorder's ~~book of liens, for which the~~	3153
official records and shall index such certificates as provided in	3154
section 317.18 of the Revised Code. The county recorder shall	3155
receive a fee as provided in section 317.32 of the Revised Code.	3156

Sec. 4123.76. When an application for compensation or	3157
benefits or an application for further compensation or benefits is	3158
filed with the industrial commission or the bureau of workers'	3159
compensation under section 4123.75 of the Revised Code against an	3160
employer who has not complied with section 4123.35 of the Revised	3161
Code, the bureau shall make and file for record in the office of	3162
the county recorder in the counties where the employer's property	3163
is located, an affidavit showing the date on which the application	3164
was filed with the commission or the bureau, the name and address	3165
of the employer against whom it was filed, and the fact that the	3166
employer had not complied with section 4123.35 of the Revised	3167
Code. The county recorder shall accept and file the affidavit and	3168
record and index the ~~same~~affidavit as a mortgage on real estate	3169
~~and shall file the same as a chattel mortgage and the recorder~~	3170
~~shall index the same as a mortgage on real estate and as a chattel~~	3171
~~mortgage~~. A copy of the application or other bureau record	3172
documenting the claim shall be filed with the affidavit. A copy of	3173
the affidavit shall be served upon the employer by the bureau. The	3174
affidavit constitutes a valid lien from the time of filing, in	3175
favor of the bureau, upon the real property and tangible personal	3176
property of the employer located within the county. The	3177
administrator of workers' compensation shall have the lien	3178
canceled of record after the employer has paid to the claimant or	3179
to the bureau the amount of the compensation or benefits which has	3180
been ordered paid to the claimant, or when the application has	3181
finally been denied after the claimant has exhausted the remedies	3182
provided by law in such cases, or when the employer has filed a	3183
bond in the amount and with surety as the administrator approves	3184
conditioned on the payment of all sums ordered paid to the	3185
claimant. The recorder shall make no charge for the services	3186
provided by this section to be performed by the recorder.	3187

Sec. 4123.78. If any employer fails to comply with section	3188
4123.35 of the Revised Code in accordance with the rules of the	3189
administrator of workers' compensation, the administrator shall	3190
file with the county recorder of any counties in which the	3191
employer's property is located, its certificate of the amount of	3192
premium due from the employer, and that amount shall be a lien	3193
from the date of filing against the real property and personal	3194
property of the employer within the county in which the	3195
certificate is filed. The county recorder shall ~~accept and file~~	3196
~~the certificate and~~ record and index the ~~same~~certificate as a	3197
mortgage on real estate ~~and shall file the same as a chattel~~	3198
~~mortgage and he shall index the same as mortgage on real estate~~	3199
~~and as a chattel mortgage~~. The county recorder shall make no	3200
charge for the services provided by this section to be performed	3201
by ~~him~~the county recorder.	3202

Sec. 4141.23. (A) Contributions shall accrue and become	3203
payable by each employer for each calendar year or other period as	3204
prescribed by this chapter. Such contributions become due and	3205
shall be paid by each employer to the director of job and family	3206
services for the unemployment compensation fund in accordance with	3207
such regulations as the director prescribes, and shall not be	3208
deducted, in whole or in part, from the remuneration of	3209
individuals in the employer's employ.	3210

In the payment of any contributions, a fractional part of a	3211
dollar may be disregarded unless it amounts to fifty cents or	3212
more, in which case it may be increased to the next higher dollar.	3213

(B)(1) Any contribution or payment in lieu of contribution,	3214
due from an employer on or before December 31, 1992, shall, if not	3215
paid when due, bear interest at the rate of ten per cent per	3216
annum. In such computation any fraction of a month shall be	3217
considered as a full month.	3218

(2) Any contribution, payment in lieu of contribution,	3219
interest, forfeiture, or fine due from an employer on or after	3220
January 1, 1993, shall, if not paid when due, bear interest at the	3221
annual rate of fourteen per cent compounded monthly on the	3222
aggregate receivable balance due. In such computation any fraction	3223
of a month shall be considered as a full month.	3224

(C) The director may waive the interest assessed under	3225
division (B)(2) of this section if the employer meets all of the	3226
following conditions within thirty days after the date the	3227
director mails or delivers the notice of assessment of interest:	3228

(1) Provides to the director a written request for a waiver	3229
of interest clearly demonstrating that the employer's failure to	3230
timely pay contributions, payments in lieu of contributions,	3231
interest, forfeiture, and fines was a result of circumstances	3232
beyond the control of the employer or the employer's agent, except	3233
that negligence on the part of the employer or the employer's	3234
agent shall not be considered beyond the control of the employer	3235
or the employer's agent;	3236

(2) Furnishes to the director all quarterly reports required	3237
under section 4141.20 of the Revised Code;	3238

(3) Pays in full all contributions, payments in lieu of	3239
contributions, interest, forfeiture, and fines for each quarter	3240
for which such payments are due.	3241

The director shall deny an employer's request for a waiver of	3242
interest after finding that the employer's failure to timely	3243
furnish reports or make payments as required under this chapter	3244
was due to an attempt to evade payment.	3245

(D) Any contribution, interest, forfeiture, or fine required	3246
to be paid under this chapter by any employer shall, if not paid	3247
when due, become a lien upon the real and personal property of	3248
such employer. Upon failure of such employer to pay the	3249
contributions, interest, forfeiture, or fine required to be paid	3250
under this chapter, the director shall file notice of such lien,	3251
for which there shall be no charge, in the office of the county	3252
recorder of the county in which it is ascertained that such	3253
employer owns real estate or personal property. The director shall	3254
notify the employer by mail of the lien. The absence of proof that	3255
the notice was sent does not affect the validity of the lien. Such	3256
lien shall not be valid as against the claim of any mortgagee,	3257
pledgee, purchaser, judgment creditor, or other lienholder of	3258
record at the time such notice is filed.	3259

If the employer acquires real or personal property after	3260
notice of lien is filed, such lien shall not be valid as against	3261
the claim of any mortgagee, pledgee, subsequent bona fide	3262
purchaser for value, judgment creditor, or other lienholder of	3263
record to such after-acquired property, unless the notice of lien	3264
is refiled after such property was acquired by the employer and	3265
before the competing lien attached to such after-acquired property	3266
or before the conveyance to such subsequent bona fide purchaser	3267
for value.	3268

Such a notice shall be recorded in ~~a book kept by the~~	3269
~~recorder called the "unemployment compensation lien record" and~~	3270
~~indexed therein in an alphabetical index~~the county recorder's	3271
official records and indexed in the direct and reverse indexes	3272
under the name of ~~such~~the employer. When such unpaid	3273
contributions, interest, forfeiture, or fines have been paid, the	3274
employer may record with the county recorder of the county in	3275
which such notice of lien has been filed and recorded, notice of	3276
such payment, and the notice of payment shall be recorded in the	3277
county recorder's official records and indexed in the direct and	3278
reverse indexes. For recording the notice of payment, the county	3279
recorder shall charge and receive from the employer a base fee of	3280
two dollars for services and a housing trust fund fee of two	3281
dollars pursuant to section 317.36 of the Revised Code.	3282

(E) Notwithstanding other provisions in this section, the	3283
director may reduce, in whole or in part, the amount of interest,	3284
forfeiture, or fines required to be paid under this chapter if the	3285
director determines that the reduction is in the best interest of	3286
the unemployment compensation fund.	3287

(F) Assessment of contributions shall not be made after four	3288
years from the date on which such contributions became payable,	3289
and no action in court for the collection of contributions without	3290
assessment of such contributions shall be begun after the	3291
expiration of five years from the date such contributions became	3292
payable. In case of a false or fraudulent report or of a willful	3293
attempt in any manner to evade contributions, such contributions	3294
may be assessed or a proceeding in court for the collection of	3295
such contributions may be begun without assessment at any time.	3296
When the assessment of contributions has been made within such	3297
four-year period provided, action in court to collect such	3298
contributions may be begun within, but not later than, six years	3299
after such assessment.	3300

(G) In the event of a distribution of an employer's assets,	3301
pursuant to an order of any court under the law of this state,	3302
including any receivership, assignment for benefit of creditors,	3303
adjudicated insolvency, or similar proceedings, contributions,	3304
interest, forfeiture, or fine then or thereafter due have the same	3305
priority as provided by law for the payment of taxes due the state	3306
and shall be paid out of the trust fund in the same manner as	3307
provided for other claims for unpaid taxes due the state.	3308

(H) If the attorney general finds after investigation that	3309
any claim for delinquent contributions, interest, forfeitures, or	3310
fines owing to the director is uncollectible, in whole or in part,	3311
the attorney general shall recommend to the director the	3312
cancellation of such claim or any part thereof. The director may	3313
thereupon effect such cancellation.	3314

Sec. 4961.39. When the grant of a right of way or easement	3315
is not in the form of a lawfully executed deed or lease, the	3316
county recorder of the county where the land is situated, upon the	3317
request of the company owning the right of way or easement, shall	3318
record such grant in the ~~record book of leases,~~official records	3319
and index it. Such record, or a copy thereof certified by the	3320
county recorder, shall be received in evidence in all courts and	3321
places in the same manner and to the same effect as the original.	3322
The correctness of such record or copy may be impeached by any	3323
interested party by competent proof. The county recorder is	3324
entitled to the usual fee for recording such grants and certifying	3325
copies thereof.	3326

Sec. 5301.01. (A) A deed, mortgage, land contract as referred	3327
to in division (A)~~(2)(b)~~(21) of section 317.08 of the Revised	3328
Code, or lease of any interest in real property and a memorandum	3329
of trust as described in division (A) of section 5301.255 of the	3330
Revised Code shall be signed by the grantor, mortgagor, vendor, or	3331
lessor in the case of a deed, mortgage, land contract, or lease or	3332
shall be signed by the trustee in the case of a memorandum of	3333
trust. The signing shall be acknowledged by the grantor,	3334
mortgagor, vendor, or lessor, or by the trustee, before a judge or	3335
clerk of a court of record in this state, or a county auditor,	3336
county engineer, notary public, or mayor, who shall certify the	3337
acknowledgement and subscribe the official's name to the	3338
certificate of the acknowledgement.	3339

(B)(1) If a deed, mortgage, land contract as referred to in	3340
division (A)~~(2)(b)~~(21) of section 317.08 of the Revised Code,	3341
lease of any interest in real property, or a memorandum of trust	3342
as described in division (A) of section 5301.255 of the Revised	3343
Code was executed prior to February 1, 2002, and was not	3344
acknowledged in the presence of, or was not attested by, two	3345
witnesses as required by this section prior to that date, both of	3346
the following apply:	3347

(a) The instrument is deemed properly executed and is	3348
presumed to be valid unless the signature of the grantor,	3349
mortgagor, vendor, or lessor in the case of a deed, mortgage, land	3350
contract, or lease or of the settlor and trustee in the case of a	3351
memorandum of trust was obtained by fraud.	3352

(b) The recording of the instrument in the office of the	3353
county recorder of the county in which the subject property is	3354
situated is constructive notice of the instrument to all persons,	3355
including without limitation, a subsequent purchaser in good faith	3356
or any other subsequent holder of an interest in the property,	3357
regardless of whether the instrument was recorded prior to, on, or	3358
after February 1, 2002.	3359

(2) Division (B)(1) of this section does not affect any	3360
accrued substantive rights or vested rights that came into	3361
existence prior to February 1, 2002.	3362

Sec. 5301.14. When a title deed, recorded by the auditor of	3363
state as required by section 5301.13 of the Revised Code, or	3364
recorded in the office of the secretary of state, the record of	3365
which is required to be kept in the office of the auditor of	3366
state, has been lost or destroyed by accident, without having been	3367
recorded in the county recorder's office, on demand and tender of	3368
the fees therefor, the auditor of state ~~must~~shall furnish to any	3369
person a copy of such deed certified under ~~his~~the auditor of	3370
state's official seal, which copy shall be received everywhere in	3371
this state as prima-facie evidence of the existence of the deed,	3372
and in all respects shall have the effect of certified copies from	3373
the official records of ~~deeds recorded in~~ the county where such	3374
lands are situated.	3375

Sec. 5301.21. When the owners of adjoining tracts of land,	3376
or of lots in a municipal corporation, agree upon the site of a	3377
corner or line common to such tracts or lots, in a written	3378
instrument containing a pertinent description thereof, either with	3379
or without a plat, executed, acknowledged, and recorded as are	3380
deeds, such corner or line thenceforth shall be established as	3381
between the parties to such agreement, and all persons	3382
subsequently deriving title from them.	3383

Such agreement ~~must~~shall be recorded by the county recorder,	3384
in the ~~book in his office in which surveys are recorded~~official	3385
records. The original agreement, after being so recorded, or a	3386
certified copy thereof from the record, is competent evidence in	3387
any court in this state against a party thereto, or person in	3388
privity with ~~him~~a party.	3389

When a tract of land is owned by the state, the officer or	3390
board having administrative control thereof, with the approval of	3391
the attorney general, may execute said written instrument and	3392
following recording in the county where the land is situated, said	3393
instrument shall be filed with the auditor of state with the	3394
evidence of title to the land affected.	3395

Sec. 5301.25. (A) All deeds, land contracts referred to in	3396
division (A)~~(2)(b)~~(21) of section 317.08 of the Revised Code, and	3397
instruments of writing properly executed for the conveyance or	3398
encumbrance of lands, tenements, or hereditaments, other than as	3399
provided in division (C) of this section and section 5301.23 of	3400
the Revised Code, shall be recorded in the office of the county	3401
recorder of the county in which the premises are situated. Until	3402
so recorded or filed for record, they are fraudulent insofar as	3403
they relate to a subsequent bona fide purchaser having, at the	3404
time of purchase, no knowledge of the existence of that former	3405
deed, land contract, or instrument.	3406

(B) Whenever a survey is made of lands that are being	3407
conveyed, the county auditor shall require that the name of the	3408
person who made the survey appear in the deed. The name shall	3409
either be printed, typewritten, stamped, or signed in a legible	3410
manner. An instrument is in compliance with this division if it	3411
contains a statement in the following form:	3412

"A survey of this property was made by ..............."

3413

(Name)

This division does not apply to any court decree, order,	3414
judgment, or writ, to any instrument executed or acknowledged	3415
outside of this state, or to any instrument executed within this	3416
state prior to September 20, 1965.	3417

(C) All tax certificates sold pursuant to section 5721.32 or	3418
5721.33 of the Revised Code, or memoranda thereof, may be recorded	3419
in the office of the county recorder of the county in which the	3420
premises are situated, as provided in division (B) of section	3421
5721.35 of the Revised Code; provided, however, that the first and	3422
superior lien of the state and its taxing districts conveyed to	3423
the holder of the tax certificate, as provided in division (A) of	3424
section 5721.35 of the Revised Code, shall in no way be diminished	3425
or adversely affected if the tax certificate evidencing the	3426
conveyance of such first and superior lien, or memorandum thereof,	3427
is not recorded as provided in this section.	3428

Sec. 5301.255. (A) A memorandum of trust that satisfies both	3429
of the following may be presented for recordation in the office of	3430
the county recorder of any county in which real property that is	3431
subject to the trust is located:	3432

(1) The memorandum shall be executed by the trustee of the	3433
trust and acknowledged by the trustee of the trust in accordance	3434
with section 5301.01 of the Revised Code.	3435

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

3436

(a) The name and address of the trustee of the trust;

3437

(b) The date of execution of the trust;

3438

(c) The powers specified in the trust relative to the	3439
acquisition, sale, or encumbering of real property by the trustee	3440
or the conveyance of real property by the trustee, and any	3441
restrictions upon those powers.	3442

(B) A memorandum of trust that satisfies divisions (A)(1) and	3443
(2) of this section also may set forth the substance or actual	3444
text of provisions of the trust that are not described in those	3445
divisions.	3446

(C) A memorandum of trust that satisfies divisions (A)(1) and	3447
(2) of this section shall constitute notice only of the	3448
information contained in it.	3449

(D) Upon the presentation for recordation of a memorandum of	3450
trust that satisfies divisions (A)(1) and (2) of this section and	3451
the payment of the requisite fee prescribed in section 317.32 of	3452
the Revised Code, a county recorder shall record the memorandum of	3453
trust ~~as follows:~~	3454

~~(1) Unless division (D)(2) of this section applies,~~ in the	3455
~~record of deeds~~official records described in division (A)~~(1)~~(18)	3456
of section 317.08 of the Revised Code, if the memorandum of trust	3457
describes specific real property, or in the ~~record of powers of~~	3458
~~attorney~~official records described in division (A)~~(3)~~(24) of that	3459
section, if the memorandum of trust does not describe specific	3460
real property;	3461

~~(2) If the county recorder records instruments in accordance~~	3462
~~with division (C) of section 317.08 of the Revised Code, in the~~	3463
~~official records described in that division~~.	3464

Sec. 5301.28. When the mortgagee of property within this	3465
state, or the party to whom the mortgage has been assigned, either	3466
by a separate instrument, or in writing on that mortgage, or on	3467
the margin of the record of the mortgage, which assignment, if in	3468
writing on the mortgage or on the margin of the record of the	3469
mortgage, need not be acknowledged, receives payment of any part	3470
of the money due the holder of the mortgage, and secured by the	3471
mortgage, and enters satisfaction or a receipt for the payment,	3472
either on the mortgage or its record, that satisfaction or	3473
receipt, when entered on the record, or copied on the record from	3474
the original mortgage by the county recorder, will release the	3475
mortgage to the extent of the receipt. In all cases when a	3476
mortgage has been assigned in writing on that mortgage, the	3477
recorder shall copy the assignment from the original mortgage upon	3478
the margin of the record of the mortgage before the satisfaction	3479
or receipt is entered upon the record of the mortgage.	3480

In a county in which the county recorder has determined to	3481
use the microfilm process as provided by section 9.01 of the	3482
Revised Code, the county recorder may require that all	3483
satisfactions of mortgages be made by separate instrument. The	3484
original instrument bearing the proper endorsement may be used as	3485
such a separate instrument. That separate instrument shall be	3486
recorded in the ~~book provided by section 5301.34 of the Revised~~	3487
~~Code for the satisfactions of mortgages~~county recorder's official	3488
records. The county recorder shall charge the fee for the	3489
recording as provided by section 317.32 of the Revised Code for	3490
recording mortgages.	3491

Sec. 5301.32. A mortgage may be assigned or partially	3492
released by a separate instrument of assignment or partial	3493
release, acknowledged as provided by section 5301.01 of the	3494
Revised Code. The separate instrument of assignment or partial	3495
release shall be recorded in the ~~book provided by section 5301.34~~	3496
~~of the Revised Code for the recording of satisfactions of~~	3497
~~mortgages~~county recorder's official records. The county recorder	3498
shall be entitled to charge the fee for that recording as provided	3499
by section 317.32 of the Revised Code for recording deeds. The	3500
signature of a person on the assignment or partial release may be	3501
a facsimile of that person's signature. A facsimile of a signature	3502
on an assignment or partial release is equivalent to and	3503
constitutes the written signature of the person for all	3504
requirements regarding mortgage assignments or partial releases.	3505

In a county in which the county recorder has determined to	3506
use the microfilm process as provided by section 9.01 of the	3507
Revised Code, the county recorder may require that all assignments	3508
and partial releases of mortgages be by separate instruments. The	3509
original instrument bearing the proper endorsement may be used as	3510
the separate instrument.	3511

An assignment of a mortgage shall contain the then current	3512
mailing address of the assignee.	3513

Sec. 5301.33. Except in counties where deeds or other	3514
separate instruments are required as provided in this section, a	3515
lease, whether or not renewable forever, that is recorded in any	3516
county recorder's office, may be canceled or partially released by	3517
the lessor and lessee, or assigned by either of them, by writing	3518
the cancellation, partial release, or assignment on the original	3519
lease, or upon the margin of the record of the original lease, and	3520
by signing it. That cancellation, partial release, or assignment	3521
need not be acknowledged, but if written on the margin of the	3522
record, the signing shall be attested to by the county recorder.	3523
The assignment by the lessee, whether it is upon the lease, or	3524
upon the margin of the record of the lease, or by separate	3525
instrument, shall transfer all interest held by the lessee under	3526
the lease in the premises described in the lease, unless otherwise	3527
stated in the lease or in the assignment. For copying the	3528
cancellation, partial release, or assignment upon the margin of	3529
the record, if written upon the original instrument, or for	3530
attesting it, if written upon the margin of the record, the county	3531
recorder shall charge the fee provided by section 317.32 of the	3532
Revised Code for recording the assignment and satisfaction of	3533
mortgages.	3534

A lease, whether or not renewable forever, that is recorded	3535
in any county recorder's office, also may be canceled, partially	3536
released, or assigned by deed or by other separate instrument	3537
acknowledged as provided in section 5301.01 of the Revised Code.	3538
Unless in the form of a deed, a separate instrument of	3539
cancellation, partial release, or assignment shall be recorded in	3540
the ~~record of leases~~official records provided for by section	3541
317.08 of the Revised Code. The county recorder shall charge the	3542
fee for that recording as provided in section 317.32 of the	3543
Revised Code for recording deeds.	3544

If a lease has been canceled, partially released, or assigned	3545
by deed or by other separate instrument and that deed or other	3546
separate instrument recites the county recorder's file number of	3547
the original lease or the volume and page of the record in which	3548
the original lease is recorded, the county recorder shall note on	3549
the margin of the record of the original lease the county	3550
recorder's file number of the deed or other separate instrument or	3551
the volume and page of the record in which the same is recorded.	3552

"Lessor" and "lessee" as used in this section include an	3553
assignee of the interest of either. "Lease" as used in this	3554
section includes a memorandum of lease provided for by section	3555
5301.251 of the Revised Code. This section does not permit the	3556
assignment of any lease if the assignment is prohibited by the	3557
terms of the lease.	3558

In a county in which the county recorder has determined to	3559
use the microfilm process as provided by section 9.01 of the	3560
Revised Code, the county recorder may require that all	3561
cancellations, partial releases, and assignments of leases be by	3562
deed or other separate instrument. The original instrument bearing	3563
the proper endorsement may be used as such separate instrument.	3564

Sec. 5301.331. Except in counties where deeds or other	3565
instruments are required as provided in this section, a land	3566
contract that is recorded in the office of the county recorder may	3567
be cancelled, partially released by the vendor and vendee, or	3568
assigned by either of them by writing the cancellation, partial	3569
release, or assignment on the original land contract or upon the	3570
margin of the record of the original land contract, and by signing	3571
it. That cancellation, partial release, or assignment need not be	3572
acknowledged, but if written on the margin of the record, the	3573
signing shall be attested to by the county recorder. The	3574
assignment by the vendee, whether it is on the land contract or	3575
upon the margin of the record of that contract, or by separate	3576
instrument, shall transfer the right held by the vendee under the	3577
land contract in the premises described in the contract unless	3578
otherwise stated in the land contract or in the assignment. For	3579
copying the cancellation, partial release, or assignment upon the	3580
margin of the record, or for attesting it, if written upon the	3581
margin of the record, the county recorder shall charge the fee	3582
provided by section 317.32 of the Revised Code for recording the	3583
assignment and satisfaction of mortgages.	3584

A land contract that is recorded in the office of the county	3585
recorder may also be cancelled, partially released, or assigned by	3586
deed or by other separate instrument, acknowledged as provided in	3587
section 5301.01 of the Revised Code. Unless in the form of a deed,	3588
a separate instrument of cancellation, partial release, or	3589
assignment shall be recorded in the ~~book provided by section~~	3590
~~5301.34 of the Revised Code for recording satisfactions of~~	3591
~~mortgages~~county recorder's official records. The county recorder	3592
shall charge the fee for that record as provided for in section	3593
317.32 of the Revised Code for record fees.	3594

If a land contract has been cancelled, partially released, or	3595
assigned by deed or other separate instrument, and that deed or	3596
other separate instrument recites the county recorder's file	3597
number of the original land contract or the volume and page of the	3598
record in which the original land contract is recorded, the county	3599
recorder shall note on the margin of the original land contract	3600
the county recorder's file number of the deed or other separate	3601
instrument or the volume and page of the record in which the same	3602
is recorded.	3603

"Vendor" and " vendee" as used in this section include an	3604
assignee of the interest of either. This section does not permit	3605
the assignment of any land contract if the assignment is	3606
prohibited by the terms of the land contract.	3607

In a county where the county recorder has determined to use	3608
the microfilm process as provided by section 9.01 of the Revised	3609
Code, the county recorder may require that all cancellations,	3610
partial releases, and assignments of land contracts be by deed or	3611
other separate instrument. The original instrument bearing the	3612
proper endorsement may be used as such separate instrument.	3613

Sec. 5301.332. (A)(1) Whenever leases of natural gas and oil	3614
lands recorded under section 5301.09 of the Revised Code	3615
concerning lands upon which there are no producing or drilling oil	3616
or gas wells become forfeited for failure of the lessee~~, his~~or	3617
the lessee's successors or assigns, to abide by specifically	3618
described covenants provided for in the lease, or because the term	3619
of the lease has expired, the lessor~~, his~~or the lessor's	3620
successors or assigns, may file for record an affidavit of	3621
forfeiture with the county recorder after serving notice by	3622
certified mail, return receipt requested, to the lessee~~, his~~or	3623
the lessee's successors or assigns, at ~~his~~the lessee's or the	3624
lessee's successors' or assigns' last known address, or if service	3625
is not obtained by certified mail, by giving notice by publication	3626
at least once in a newspaper of general circulation in the county	3627
in which the land is located of the lessor's intent to declare the	3628
lease forfeited.	3629

(2) The notice or publication shall be addressed to the	3630
lessee~~, his~~or the lessee's successors or assigns, and shall	3631
contain the name of the lessee; a general description of the land;	3632
the number of acres; the date of the lease; the volume and page of	3633
the lease record where the lease is recorded; the cause of the	3634
forfeiture; and shall state the intention of the lessor to file	3635
for record an affidavit of forfeiture with the county recorder if	3636
the lessee does not have the lease released of record within	3637
thirty days from the date of receipt of the notice or of	3638
publication.	3639

(B) After thirty days and not more than sixty days from the	3640
date of proof of mailing or publication of the notice, the lessor,	3641
~~his~~or the lessor's successors or assigns, may file with the	3642
county recorder an affidavit of forfeiture setting forth that he	3643
such person is the lessor of an oil or gas lease; the file number	3644
or volume and page of the lease record where the oil or gas lease	3645
is recorded; that the lessee~~, his~~or the lessee's successors or	3646
assigns, ~~has~~have failed and neglected to comply with	3647
specifically described covenants provided for in the lease,	3648
reciting the facts constituting such failure, or that the term of	3649
the lease has expired; that there are no producing or drilling oil	3650
or gas wells on the leased premises; that the lease has been	3651
forfeited and is void; and that notice was served on the lessee,	3652
~~his~~or the lessee's successors or assigns, or that publication was	3653
made, and the manner and time thereof.	3654

(C) If the lessee~~, his~~or the lessee's successors or assigns,	3655
claims that the lease is in full force and effect, the lessee~~, his~~	3656
or the lessee's successors or assigns, shall, within sixty days	3657
after the mailing or publication of the notice of the lessor of	3658
~~his~~the lessor's intention to declare the lease forfeited, notify	3659
the person who filed the affidavit of forfeiture of the claim, and	3660
file for record an affidavit with the office of the county	3661
recorder of the county in which the land is situated stating that	3662
the lease has not been forfeited and that the lessee~~, his~~or the	3663
lessee's successors or assigns, still claim that the lease is in	3664
full force and effect.	3665

(D) If the lessee~~, his~~or the lessee's successors or assigns,	3666
~~does~~do not give such notice in writing to the lessor at any time	3667
prior to the sixtieth day after the mailing or publication of the	3668
notice of the lessor of ~~his~~the lessor's intention to declare the	3669
lease forfeited, then the lessor shall ~~cause~~file for record with	3670
the county recorder ~~to note upon the margin of the record of the~~	3671
~~lease the following:~~a notice of failure to file. The notice shall	3672
contain all of the following:	3673

(1) A statement that the person filing the notice is the	3674
lessor or the lessor's successors or assigns;	3675

(2) The document number or volume and page of the lease	3676
record where the oil or gas lease is recorded;	3677

(3) A general description of the land;

3678

(4) The statement: "This lease cancelled pursuant to	3679
affidavit of forfeiture recorded inas Document Number ....., or	3680
Official Record/Lease Vol. ....., Page ....." ~~Thereafter~~	3681

Thereafter, the record of the lease shall not be notice to	3682
the public of the existence of the lease or of any interest	3683
therein or rights thereunder and the record shall not be received	3684
in evidence in any court of the state on behalf of the lessee~~, his~~	3685
or the lessee's successors or assigns, or against the lessor~~, his~~	3686
or the lessor's successors or assigns.	3687

(E) For recording the affidavit of forfeiture, ~~for noting~~	3688
~~such cancellation upon the margin of the record, and for recording~~	3689
the affidavit giving notice that the lease has not been forfeited,	3690
and the notice of failure to file, the county recorder shall	3691
charge the fees provided by section 317.32 of the Revised Code.	3692

~~In a county in which the county recorder has determined to~~	3693
~~use the microfilm process as provided by section 9.01 of the~~	3694
~~Revised Code, the recorder may, where applicable, require that the~~	3695
~~notation "This lease cancelled pursuant to affidavit of forfeiture~~	3696
~~recorded in Lease Vol. ....., Page ....." be entered on the~~	3697
~~affidavit, and that the affidavit be recorded in the record of~~	3698
~~leases provided for by section 317.08 of the Revised Code. The~~	3699
~~recorder shall charge the fee for such recording as provided by~~	3700
~~section 317.32 of the Revised Code for the recording of deeds. The~~	3701
~~record of the lease is not notice to the public of the existence~~	3702
~~of the lease or of any interests therein or rights thereunder and~~	3703
~~the record shall not be received in evidence in any court of the~~	3704
~~state on behalf of the lessee, his successors or assigns, against~~	3705
~~the lessor, his successors or assigns.~~	3706

Sec. 5301.34. A mortgage shall be discharged upon the record	3707
of the mortgage by the county recorder when there is presented to	3708
the county recorder a certificate executed by the mortgagee or the	3709
mortgagee's assigns, acknowledged as provided in section 5301.01	3710
of the Revised Code, or when there is presented to the recorder a	3711
deed of release executed by the governor as provided in section	3712
5301.19 of the Revised Code, certifying that the mortgage has been	3713
fully paid and satisfied. In addition to the discharge on the	3714
records by the county recorder, such certificate shall be recorded	3715
in ~~a book~~the official records kept ~~for that purpose~~ by the county	3716
recorder. The county recorder is entitled to the fees for such	3717
recording as provided by section 317.32 of the Revised Code for	3718
recording deeds.	3719

Sec. 5301.35. The priority of the lien of a mortgage may be	3720
waived to the extent specified by the holder of the lien in favor	3721
of any lien, mortgage, lease, easement, or other interest in the	3722
property covered by the mortgage, by writing the waiver of	3723
priority on the original mortgage and signing it, by writing the	3724
waiver of priority upon the margin of the record of that mortgage	3725
and signing it, or by a separate instrument acknowledged as	3726
provided by section 5301.01 of the Revised Code. That waiver, when	3727
recorded upon the margin of the record of the mortgage, or when	3728
recorded as a separate instrument, is constructive notice to all	3729
persons dealing with either the property described in that	3730
mortgage or the mortgage itself from the date of filing the waiver	3731
for record. The waiver, if written upon the mortgage or upon the	3732
margin of the record of the mortgage, need not be acknowledged,	3733
but if written upon the margin of the record, the signing shall be	3734
attested by the county recorder.	3735

If the waiver of priority is by separate instrument, it shall	3736
be recorded in the ~~book provided by section 5301.34 of the Revised~~	3737
~~Code for the recording of satisfactions of mortgages~~official	3738
records of the county recorder. For the recording, the county	3739
recorder may charge the fee as provided by section 317.32 of the	3740
Revised Code for recording deeds. For entering any waiver of	3741
priority upon the margin of the record of the mortgage, or for	3742
attesting it, the county recorder is entitled to the fees for	3743
recording those waivers of priority that are charged for	3744
assignments or satisfactions of mortgages under section 317.32 of	3745
the Revised Code.	3746

In a county in which the county recorder has determined to	3747
use the microfilm process as provided by section 9.01 of the	3748
Revised Code, the county recorder may require that all waivers of	3749
priority of mortgages be made by separate instrument. The original	3750
instrument bearing the proper endorsement may be used as such	3751
separate instrument.	3752

Sec. 5301.52. (A) To be effective and entitled to recording,	3753
the notice referred to in section 5301.51 of the Revised Code	3754
shall satisfy all of the following:	3755

(1) Be in the form of an affidavit;

3756

(2) State the nature of the claim to be preserved and the	3757
names and addresses of the persons for whose benefit the notice is	3758
being filed;	3759

(3) Contain an accurate and full description of all land	3760
affected by the notice, which description shall be set forth in	3761
particular terms and not by general inclusions, except that if the	3762
claim is founded upon a recorded instrument, the description in	3763
the notice may be the same as that contained in such recorded	3764
instrument;	3765

(4) State the name of each record owner of the land affected	3766
by the notice, at the time of its recording, together with the	3767
recording information of the instrument by which each record owner	3768
acquired title to the land;	3769

(5) Be made by any person who has knowledge of the relevant	3770
facts or is competent to testify concerning them in court.	3771

(B) The notice shall be filed for record in the office of the	3772
county recorder of the county or counties where the land described	3773
in it is situated. The county recorder of each county shall accept	3774
all such notices presented ~~to him which~~that describe land	3775
situated inwithin the county ~~in which he serves~~, and shall enter	3776
and record them in the ~~deed~~official records of that county, and	3777
shall index each notice in the ~~grantee deed~~direct index under the	3778
names of the claimants appearing in that notice and in the ~~grantor~~	3779
~~deed~~reverse index under the names of the record owners appearing	3780
in that notice. ~~Such~~If the county recorder maintains indexes	3781
under section 317.20 of the Revised Code, the notices also shall	3782
be indexed under the description of the real estate involved ~~in a~~	3783
~~book set apart for that purpose to be known as the "Notice Index~~."	3784
~~Each~~The county recorder ~~may~~shall charge the same fees for the	3785
recording of such notices as are charged for recording deeds.	3786

(C) A notice prepared, executed, and recorded in conformity	3787
with the requirements of this section, or a certified copy of it,	3788
shall be accepted as evidence of the facts stated insofar as they	3789
affect title to the land affected by that notice.	3790

(D) Any person who knowingly makes any false statement in a	3791
notice executed under this section is guilty of perjury under	3792
section 2921.11 of the Revised Code.	3793

Sec. 5301.56. (A) As used in this section:

3794

(1) "Holder" means the record holder of a mineral interest,	3795
and any person who derives the person's rights from, or has a	3796
common source with, the record holder and whose claim does not	3797
indicate, expressly or by clear implication, that it is adverse to	3798
the interest of the record holder.	3799

(2) "Drilling or mining permit" means a permit issued under	3800
Chapter 1509., 1513., or 1514. of the Revised Code to the holder	3801
to drill an oil or gas well or to mine other minerals.	3802

(3) "Mineral interest" means a fee interest in at least one	3803
mineral regardless of how the interest is created and of the form	3804
of the interest, which may be absolute or fractional or divided or	3805
undivided.	3806

(4) "Mineral" means gas, oil, coal, coalbed methane gas,	3807
other gaseous, liquid, and solid hydrocarbons, sand, gravel, clay,	3808
shale, gypsum, halite, limestone, dolomite, sandstone, other	3809
stone, metalliferous or nonmetalliferous ore, or another material	3810
or substance of commercial value that is excavated in a solid	3811
state from natural deposits on or in the earth.	3812

(5) "Owner of the surface of the lands subject to the	3813
interest" includes the owner's successors and assignees.	3814

(B) Any mineral interest held by any person, other than the	3815
owner of the surface of the lands subject to the interest, shall	3816
be deemed abandoned and vested in the owner of the surface of the	3817
lands subject to the interest if the requirements established in	3818
division (E) of this section are satisfied and none of the	3819
following applies:	3820

(1) The mineral interest is in coal, or in mining or other	3821
rights pertinent to or exercisable in connection with an interest	3822
in coal, as described in division (E) of section 5301.53 of the	3823
Revised Code. However, if a mineral interest includes both coal	3824
and other minerals that are not coal, the mineral interests that	3825
are not in coal may be deemed abandoned and vest in the owner of	3826
the surface of the lands subject to the interest.	3827

(2) The mineral interest is held by the United States, this	3828
state, or any political subdivision, body politic, or agency of	3829
the United States or this state, as described in division (G) of	3830
section 5301.53 of the Revised Code.	3831

(3) Within the twenty years immediately preceding the date on	3832
which notice is served or published under division (E) of this	3833
section, one or more of the following has occurred:	3834

(a) The mineral interest has been the subject of a title	3835
transaction that has been filed or recorded in the office of the	3836
county recorder of the county in which the lands are located.	3837

(b) There has been actual production or withdrawal of	3838
minerals by the holder from the lands, from lands covered by a	3839
lease to which the mineral interest is subject, from a mine a	3840
portion of which is located beneath the lands, or, in the case of	3841
oil or gas, from lands pooled, unitized, or included in unit	3842
operations, under sections 1509.26 to 1509.28 of the Revised Code,	3843
in which the mineral interest is participating, provided that the	3844
instrument or order creating or providing for the pooling or	3845
unitization of oil or gas interests has been filed or recorded in	3846
the office of the county recorder of the county in which the lands	3847
that are subject to the pooling or unitization are located.	3848

(c) The mineral interest has been used in underground gas	3849
storage operations by the holder.	3850

(d) A drilling or mining permit has been issued to the	3851
holder, provided that an affidavit that states the name of the	3852
permit holder, the permit number, the type of permit, and a legal	3853
description of the lands affected by the permit has been filed or	3854
recorded, in accordance with section 5301.252 of the Revised Code,	3855
in the office of the county recorder of the county in which the	3856
lands are located.	3857

(e) A claim to preserve the mineral interest has been filed	3858
in accordance with division (C) of this section.	3859

(f) In the case of a separated mineral interest, a separately	3860
listed tax parcel number has been created for the mineral interest	3861
in the county auditor's tax list and the county treasurer's	3862
duplicate tax list in the county in which the lands are located.	3863

(C)(1) A claim to preserve a mineral interest from being	3864
deemed abandoned under division (B) of this section may be filed	3865
for record by its holder. Subject to division (C)(3) of this	3866
section, the claim shall be ~~filed and~~ recorded in accordance with	3867
division (H) of this section and sections 317.18 to ~~317.201~~317.20	3868
and 5301.52 of the Revised Code, and shall consist of a notice	3869
that does all of the following:	3870

(a) States the nature of the mineral interest claimed and any	3871
recording information upon which the claim is based;	3872

(b) Otherwise complies with section 5301.52 of the Revised	3873
Code;	3874

(c) States that the holder does not intend to abandon, but	3875
instead to preserve, the holder's rights in the mineral interest.	3876

(2) A claim that complies with division (C)(1) of this	3877
section or, if applicable, divisions (C)(1) and (3) of this	3878
section preserves the rights of all holders of a mineral interest	3879
in the same lands.	3880

(3) Any holder of an interest for use in underground gas	3881
storage operations may preserve the holder's interest, and those	3882
of any lessor of the interest, by a single claim, that defines the	3883
boundaries of the storage field or pool and its formations,	3884
without describing each separate interest claimed. The claim is	3885
prima-facie evidence of the use of each separate interest in	3886
underground gas storage operations.	3887

(D)(1) A mineral interest may be preserved indefinitely from	3888
being deemed abandoned under division (B) of this section by the	3889
occurrence of any of the circumstances described in division	3890
(B)(3) of this section, including, but not limited to, successive	3891
filings of claims to preserve mineral interests under division (C)	3892
of this section.	3893

(2) The filing of a claim to preserve a mineral interest	3894
under division (C) of this section does not affect the right of a	3895
lessor of an oil or gas lease to obtain its forfeiture under	3896
section 5301.332 of the Revised Code.	3897

(E) Before a mineral interest becomes vested under division	3898
(B) of this section in the owner of the surface of the lands	3899
subject to the interest, the owner of the surface of the lands	3900
subject to the interest shall do both of the following:	3901

(1) Serve notice by certified mail, return receipt requested,	3902
to each holder or each holder's successors or assignees, at the	3903
last known address of each, of the owner's intent to declare the	3904
mineral interest abandoned. If service of notice cannot be	3905
completed to any holder, the owner shall publish notice of the	3906
owner's intent to declare the mineral interest abandoned at least	3907
once in a newspaper of general circulation in each county in which	3908
the land that is subject to the interest is located. The notice	3909
shall contain all of the information specified in division (F) of	3910
this section.	3911

(2) At least thirty, but not later than sixty days after the	3912
date on which the notice required under division (E)(1) of this	3913
section is served or published, as applicable, file in the office	3914
of the county recorder of each county in which the surface of the	3915
land that is subject to the interest is located an affidavit of	3916
abandonment that contains all of the information specified in	3917
division (G) of this section.	3918

(F) The notice required under division (E)(1) of this section	3919
shall contain all of the following:	3920

(1) The name of each holder and the holder's successors and	3921
assignees, as applicable;	3922

(2) A description of the surface of the land that is subject	3923
to the mineral interest. The description shall include the volume	3924
and page number of the recorded deed or other recorded instrument	3925
under which the owner of the surface of the lands claims title or	3926
otherwise satisfies the requirements established in division	3927
(A)(3) of section 5301.52 of the Revised Code.	3928

(3) A description of the mineral interest to be abandoned.	3929
The description shall include the volume and page number of the	3930
recorded instrument on which the mineral interest is based.	3931

(4) A statement attesting that nothing specified in division	3932
(B)(3) of this section has occurred within the twenty years	3933
immediately preceding the date on which notice is served or	3934
published under division (E) of this section;	3935

(5) A statement of the intent of the owner of the surface of	3936
the lands subject to the mineral interest to file in the office of	3937
the county recorder an affidavit of abandonment at least thirty,	3938
but not later than sixty days after the date on which notice is	3939
served or published, as applicable.	3940

(G) An affidavit of abandonment shall contain all of the	3941
following:	3942

(1) A statement that the person filing the affidavit is the	3943
owner of the surface of the lands subject to the interest;	3944

(2) The volume and page number of the recorded instrument on	3945
which the mineral interest is based;	3946

(3) A statement that the mineral interest has been abandoned	3947
pursuant to division (B) of this section;	3948

(4) A recitation of the facts constituting the abandonment;

3949

(5) A statement that notice was served on each holder or each	3950
holder's successors or assignees or published in accordance with	3951
division (E) of this section.	3952

(H)(1) If a holder or a holder's successors or assignees	3953
claim that the mineral interest that is the subject of a notice	3954
under division (E) of this section has not been abandoned, the	3955
holder or the holder's successors or assignees, not later than	3956
sixty days after the date on which the notice was served or	3957
published, as applicable, shall file in the office of the county	3958
recorder of each county where the land that is subject to the	3959
mineral interest is located one of the following:	3960

(a) A claim to preserve the mineral interest in accordance	3961
with division (C) of this section;	3962

(b) An affidavit that identifies an event described in	3963
division (B)(3) of this section that has occurred within the	3964
twenty years immediately preceding the date on which the notice	3965
was served or published under division (E) of this section.	3966

The holder or the holder's successors or assignees shall	3967
notify the person who served or published the notice under	3968
division (E) of this section of the filing under this division.	3969

(2) If a holder or a holder's successors or assignees who	3970
claim that the mineral interest that is the subject of a notice	3971
under division (E) of this section has not been abandoned fails to	3972
file a claim to preserve the mineral interest, files such a claim	3973
more than sixty days after the date on which the notice was served	3974
or published under division (E) of this section, fails to file an	3975
affidavit that identifies an event described in division (B)(3) of	3976
this section that has occurred within the twenty years immediately	3977
preceding the date on which the notice was served or published	3978
under division (E) of this section, or files such an affidavit	3979
more than sixty days after the date on which the notice was served	3980
or published under that division, the owner of the surface of the	3981
lands subject to the interest who is seeking to have the interest	3982
deemed abandoned and vested in the owner shall ~~cause the county~~	3983
~~recorder of each applicable county to memorialize the record on~~	3984
~~which the severed mineral interest is based with the following:~~	3985
file in the office of the county recorder of each county where the	3986
land that is subject to the mineral interest is located a notice	3987
of failure to file. The notice shall contain all of the following:	3988

(a) A statement that the person filing the notice is the	3989
owner of the surface of the lands subject to the mineral interest;	3990

(b) A description of the surface of the land that is subject	3991
to the mineral interest;	3992

(c) The statement: "This mineral interest abandoned pursuant	3993
to affidavit of abandonment recorded in volume ...., page ....."	3994

Immediately after the ~~county recorder memorializes the record~~	3995
notice of failure to file a mineral interest is recorded, the	3996
mineral interest shall vest in the owner of the surface of the	3997
lands formerly subject to the interest, and the record of the	3998
mineral interest shall cease to be notice to the public of the	3999
existence of the mineral interest or of any rights under it. In	4000
addition, the record shall not be received as evidence in any	4001
court in this state on behalf of the former holder or the former	4002
holder's successors or assignees against the owner of the surface	4003
of the lands formerly subject to the interest. However, the	4004
abandonment and vesting of a mineral interest pursuant to	4005
divisions (E) to (I) of this section only shall be effective as to	4006
the property of the owner that filed the affidavit of abandonment	4007
under division (E) of this section.	4008

(I) For purposes of a recording under this section, a county	4009
recorder shall charge the fee established under section 317.32 of	4010
the Revised Code.	4011

~~A county recorder who uses microfilm as provided under~~	4012
~~section 9.01 of the Revised Code may require the memorial "This~~	4013
~~mineral interest abandoned pursuant to affidavit of abandonment~~	4014
~~recorded in volume ...., page ....." to be located on the~~	4015
~~affidavit of abandonment instead of the record on which the~~	4016
~~severed mineral interest is based, and the affidavit may be~~	4017
~~recorded under section 317.08 of the Revised Code.~~	4018

Sec. 5302.15. An instrument containing a form or forms of	4019
covenants, conditions, obligations, powers, and other clauses of a	4020
mortgage, may be recorded in the ~~record of mortgages~~official	4021
records of any county. Every such instrument shall be entitled	4022
"Master Mortgage Form Recorded By (name of the person causing the	4023
instrument to be recorded)" and shall be dated and signed by the	4024
person causing it to be recorded, but need not be acknowledged.	4025
Upon presentation for record and payment of the fees provided in	4026
section 317.32 of the Revised Code, the county recorder shall	4027
record any such master mortgage form in the ~~record of mortgages~~	4028
official records of the county and shall index it in the ~~general~~	4029
~~alphabetical index of grantees~~direct and reverse indexes under	4030
the name appearing in the title, in the same manner as mortgages	4031
of real property.	4032

Sec. 5302.17. A deed conveying any interest in real property	4033
to two or more persons, and in substance following the form set	4034
forth in this section, when duly executed in accordance with	4035
Chapter 5301. of the Revised Code, creates a survivorship tenancy	4036
in the grantees, and upon the death of any of the grantees, vests	4037
the interest of the decedent in the survivor, survivors, or the	4038
survivor's or survivors' separate heirs and assigns.	4039

"SURVIVORSHIP DEED	4040

............... (marital status), of .................... County,	4041
......................... for valuable consideration paid,	4042
grant(s), (covenants, if any), to .........................	4043
(marital status) and ................... (marital status), for	4044
their joint lives, remainder to the survivor of them, whose	4045
tax-mailing addresses are ............, the following real	4046
property:	4047

(description of land or interest therein and encumbrances,	4048
reservations, and exceptions, if any)	4049

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

4050

..............., wife (husband) of the grantor, releases all	4051
rights of dower therein.	4052

Executed this ............... day of ................

4053

	...............................		4054
	(Signature of Grantor)		4055

(Execution in accordance with Chapter 5301. of the Revised	4056
Code)"	4057

Any persons who are the sole owners of real property, prior	4058
to April 4, 1985, as tenants with a right of survivorship under	4059
the common or statutory law of this state or as tenants in common	4060
may create in themselves and in any other person or persons a	4061
survivorship tenancy in the real property by executing a deed as	4062
provided in this section conveying their entire, separate	4063
interests in the real property to themselves and to the other	4064
person or persons.	4065

Except as otherwise provided in this section, when a person	4066
holding real property as a survivorship tenant dies, the transfer	4067
of the interest of the decedent may be recorded by presenting to	4068
the county auditor and filing with the county recorder either a	4069
certificate of transfer as provided in section 2113.61 of the	4070
Revised Code, or an affidavit accompanied by a certified copy of a	4071
death certificate. The affidavit shall recite the names of the	4072
other survivorship tenant or tenants, the address of the other	4073
survivorship tenant or tenants, the date of death of the decedent,	4074
and a description of the real property. The county recorder shall	4075
~~make index reference to~~record any certificate or affidavit so	4076
filed in the ~~record of deeds~~official records. When a person	4077
holding real property as a survivorship tenant dies and the title	4078
to the property is registered pursuant to Chapter 5309. of the	4079
Revised Code, the procedure for the transfer of the interest of	4080
the decedent shall be pursuant to section 5309.081 of the Revised	4081
Code.	4082

Sec. 5302.171. Upon the death, resignation, removal, or	4083
other event terminating the appointment of a trustee of a trust,	4084
which trustee holds title to real property, the successor trustee	4085
or any co-trustee of the trust shall file with the county auditor	4086
and the county recorder of the county in which the real property	4087
is located, as soon as is practical, an affidavit reciting the	4088
name of the immediately preceding trustee and any co-trustees, the	4089
addresses of all trustees, a reference to the deed or other	4090
instrument vesting title in the trustees, and a legal description	4091
of the real property. The affidavit shall be ~~indexed and~~ recorded	4092
in the ~~record of deeds~~official records of the county recorder,	4093
and indexed in the direct and reverse indexes provided for in	4094
section 317.18 of the Revised Code.	4095

The affidavit described in this section shall not be required	4096
if the original trust instrument naming the trustees and	4097
successors and containing relevant facts pertaining to the	4098
succession of trustees, or if a memorandum of trust in compliance	4099
with section 5301.255 of the Revised Code that contains relevant	4100
facts pertaining to the succession of trustees, is recorded in the	4101
office of the county recorder.	4102

Failure to file the affidavit required by this section does	4103
not affect title to real property in the one or more trustees.	4104

Sec. 5302.222. (A) The transfer of a deceased owner's real	4105
property or interest in real property as designated in a transfer	4106
on death designation affidavit provided in section 5302.22 of the	4107
Revised Code shall be recorded by presenting to the county auditor	4108
of the county in which the real property is located and filing	4109
with the county recorder of that county an affidavit of	4110
confirmation executed by any transfer on death beneficiary to whom	4111
the transfer is made. The affidavit of confirmation shall be	4112
verified before a person authorized to administer oaths and shall	4113
be accompanied by a certified copy of the death certificate for	4114
the deceased owner. The affidavit of confirmation shall contain	4115
all of the following information:	4116

(1) The name and address of each transfer on death	4117
beneficiary who survived the deceased owner or that is in	4118
existence on the date of death of the deceased owner. If a named	4119
beneficiary was designated as a transfer on death beneficiary	4120
solely in that person's capacity as a trustee of a trust and that	4121
trustee subsequently has been replaced by a successor trustee, the	4122
affidavit of confirmation shall include the name and address of	4123
the successor trustee and shall be accompanied by a copy of the	4124
recorded successor trustee affidavit described in section 5302.171	4125
of the Revised Code.	4126

(2) The date of death of the deceased owner;

4127

(3) A description of the subject real property or interest in	4128
real property;	4129

(4) The name of each transfer on death beneficiary who has	4130
not survived the deceased owner or that is not in existence on the	4131
date of death of the deceased owner.	4132

(B) The affidavit of confirmation shall be accompanied by a	4133
certified copy of the death certificate for each transfer on death	4134
beneficiary who has not survived the deceased owner.	4135

(C) The county recorder shall ~~make an index reference in the~~	4136
record ~~of deeds to~~in the official records any affidavit of	4137
confirmation filed ~~with the county recorder~~ under this section.	4138

(D) Upon the death of any individual holding real property or	4139
an interest in real property that is the subject of a transfer on	4140
death designation affidavit as provided in section 5302.22 of the	4141
Revised Code, if the title to the real property is registered	4142
pursuant to Chapter 5309. of the Revised Code, the procedure for	4143
the transfer of the interest of the deceased owner to the transfer	4144
on death beneficiary or beneficiaries designated in the affidavit	4145
shall be pursuant to section 5309.081 of the Revised Code.	4146

(E) Any person who knowingly makes any false statement in an	4147
affidavit of confirmation is guilty of falsification under	4148
division (A)(6) of section 2921.13 of the Revised Code.	4149

Sec. 5309.13. After the filing of the application to	4150
register the title to land or to any interest therein and before	4151
registration, the land described in such application may be dealt	4152
with and instruments relating thereto may be recorded and indexed,	4153
in the same manner as if no such application had been filed. As	4154
soon as an application is disposed of, the clerk of the probate	4155
court or the clerk of the court of common pleas shall make a	4156
memorandum stating the disposition of the case and shall send it	4157
to the county recorder, who shall record ~~and index~~ it ~~with~~in the	4158
official records ~~of deeds~~.	4159

Sec. 5309.41. ~~In all cases in which a certificate of title,~~	4160
~~or any other instrument or memorandum affecting registered land,~~	4161
~~is wholly canceled, it shall be retained by the county recorder~~	4162
~~and filed in his office under its proper file number and carefully~~	4163
~~preserved.~~	4164

In all cases where part of the land described in a	4165
certificate of title is ~~only partially~~ transferred, the county	4166
recorder shall issue a new certificate of title to the ~~registered~~	4167
~~owner,~~transferee for the part of the land ~~not~~ transferred, and	4168
shall indorse on the transferor's registered ~~certificate~~ and on	4169
~~the~~ duplicate ~~certificate surrendered~~certificates, a ~~memorial~~	4170
notation partially canceling the same, and the reasons therefor,	4171
~~giving~~stating the ~~volume and folium of the register where the new~~	4172
~~title is registered, and the~~ number of the new certificate for the	4173
transferred land. The county recorder ~~may cancel the property or~~	4174
~~estate transferred on the~~shall maintain as active the	4175
transferor's registered and duplicate certificates for the residue	4176
of the ~~transferor~~land not transferred without ~~the issue of~~	4177
issuing a new certificate to the transferor for the residue.	4178

Sec. 5309.64. (A) Whenever registered land is sold to	4179
satisfy any judgment, decree, or order of a court, or the title is	4180
transferred or affected by a decree or judgment of a court, the	4181
purchaser, or the person in whose favor such decree was rendered,	4182
on filing with the county recorder a certificate that the terms of	4183
sale have been complied with and a certified copy of the order of	4184
sale and return thereof and confirmation, or a certified copy of	4185
the decree of the court transferring or affecting the title, as	4186
the case may be, is entitled to have the property transferred to	4187
the purchaser or person in whose favor the decree was rendered and	4188
the title registered accordingly and a new certificate of title	4189
issued therefor.	4190

(B) When registered land is sold by the sheriff under order	4191
of a court, the sheriff shall file with the county recorder a	4192
certificate that the terms of sale have been complied with and a	4193
certified copy of the order of sale and return thereof and	4194
confirmation. The purchaser is thereafter entitled to have the	4195
property transferred to the purchaser and the title registered	4196
accordingly and a new certificate of title issued therefor.	4197

(C) This section and its applications are not superseded,	4198
negated, or amended, in whole or in part, by section 5309.61 of	4199
the Revised Code.	4200

Sec. 5715.701. The county recorder shall discharge a lien	4201
described in section 5715.70 of the Revised Code when the release	4202
described in that section is presented to the county recorder. In	4203
addition to the discharge on the records by the county recorder,	4204
the release shall be recorded in ~~a book~~the official records kept	4205
~~for that purpose~~ by the county recorder. The county recorder is	4206
entitled to the fees for such recording as provided by section	4207
317.32 of the Revised Code for recording deeds.	4208

Sec. 5719.04. (A) Immediately after each settlement required	4209
by division (D) of section 321.24 of the Revised Code, the county	4210
auditor shall make a tax list and duplicates thereof of all	4211
general personal and classified property taxes remaining unpaid,	4212
as shown by the county treasurer's books and the list of taxes	4213
returned as delinquent by the treasurer to the auditor at such	4214
settlement. The county auditor shall also include in such list all	4215
taxes assessed by the tax commissioner pursuant to law which were	4216
not charged upon the tax lists and duplicates on which such	4217
settlements were made nor previously charged upon a delinquent tax	4218
list and duplicates pursuant to this section, but the auditor	4219
shall not include taxes specifically excepted from collection	4220
pursuant to section 5711.32 of the Revised Code. Such tax list and	4221
duplicates shall contain the name of the person charged and the	4222
amount of such taxes, and the penalty, due and unpaid, and shall	4223
set forth separately the amount charged or chargeable on the	4224
general and on the classified list and duplicate. The auditor	4225
shall deliver one such duplicate to the treasurer on the first day	4226
of December, annually. Upon receipt of the duplicate the treasurer	4227
may prepare and mail tax bills to all persons charged with such	4228
delinquent taxes. Each bill shall include a notice that the	4229
interest charge prescribed by section 5719.041 of the Revised Code	4230
has begun to accrue.	4231

The auditor shall cause a copy of the delinquent personal and	4232
classified property tax list and duplicate provided for in this	4233
division to be published twice within sixty days after delivery of	4234
such duplicate to the treasurer in a newspaper of general	4235
circulation in the county. The newspaper shall meet the	4236
requirements of section 7.12 of the Revised Code. The auditor may	4237
publish the tax list on a ~~pre-printed~~preprinted insert in the	4238
newspaper. The cost of the second publication of the list shall	4239
not exceed three-fourths of the cost of the first publication of	4240
the list.	4241

Before such publication, the auditor shall cause a display	4242
notice of the forthcoming publication of such delinquent personal	4243
and classified property tax list to be inserted once a week for	4244
two consecutive weeks in a newspaper of general circulation in the	4245
county. Copy for such display notice shall be furnished by the	4246
auditor to the newspaper selected to publish such delinquent tax	4247
lists simultaneously with the delivery of the duplicate to the	4248
treasurer. Publication of the delinquent lists may be made by a	4249
newspaper in installments, provided that complete publication	4250
thereof is made twice during said sixty-day period.	4251

The office of the county treasurer shall be kept open to	4252
receive the payment of delinquent general and classified property	4253
taxes from the day of delivery of the duplicate thereof until the	4254
final publication of the delinquent tax list. The name of any	4255
taxpayer who, prior to seven days before either the first or	4256
second publication of said list, pays such taxes in full or enters	4257
into a delinquent tax contract to pay such taxes in installments	4258
pursuant to section 5719.05 of the Revised Code shall be stricken	4259
from such list, and the taxpayer's name shall not be included in	4260
the list for that publication.	4261

The other such duplicate, from which shall first be	4262
eliminated the names of persons whose total liability for taxes	4263
and penalty is less than one hundred dollars, shall be filed by	4264
the auditor on the first day of December, annually, in the office	4265
of the county recorder, and the same shall constitute a notice of	4266
lien and operate as of the date of delivery as a lien on the lands	4267
and tenements, vested legal interests therein, and permanent	4268
leasehold estates of each person named therein having such real	4269
estate in such county. Such notice of lien and such lien shall not	4270
be valid as against any mortgagee, pledgee, purchaser, or judgment	4271
creditor whose rights have attached prior to the date of such	4272
delivery. Such duplicate shall be kept by the county recorder,	4273
~~designated as the personal tax lien record~~in the official	4274
records, and indexed under the name of the person charged with	4275
such tax. No fee shall be charged by the county recorder for the	4276
services required under this section.	4277

The auditor shall add to the tax list made pursuant to this	4278
section all such taxes omitted in a previous year when assessed by	4279
the auditor or finally assessed by the tax commissioner pursuant	4280
to law, and by proper certificates cause the same to be added to	4281
the treasurer's delinquent tax duplicate provided for in this	4282
section, and, in proper cases, file notice of the lien with the	4283
recorder, as provided in this section.	4284

If the authority making any assessment believes that the	4285
collection of such taxes will be jeopardized by delay, such	4286
assessing authority shall so certify on the assessment certificate	4287
thereof, and the auditor shall include a certificate of such	4288
jeopardy in the certificate given by the auditor to the treasurer.	4289
In such event, the treasurer shall proceed immediately to collect	4290
such taxes, and to enforce the collection thereof by any means	4291
provided by law, and the treasurer may not accept a tender of any	4292
part of such taxes; but the person or the representatives of the	4293
person against whom such assessment is made may, in the event of	4294
an appeal to the tax commissioner therefrom, obtain a stay of	4295
collection of the whole or any part of the amount of such	4296
assessment by filing with the treasurer a bond in an amount not	4297
exceeding double the amount as to which the stay is desired, with	4298
such surety as the treasurer deems necessary, conditioned upon the	4299
payment of the amount determined to be due by the decision of the	4300
commissioner which has become final, and further conditioned that	4301
if an appeal is not filed within the period provided by law, the	4302
amount of collection which is stayed by the bond will be paid on	4303
notice and demand of the treasurer at any time after the	4304
expiration of such period. The taxpayer may waive such stay as to	4305
the whole or any part of the amount covered by the bond, and if as	4306
the result of such waiver any part of the amount covered by the	4307
bond is paid, then the bond shall be proportionately reduced on	4308
the request of the taxpayer.	4309

(B) Immediately after each settlement required by division	4310
(D) of section 321.24 of the Revised Code, the auditor shall make	4311
a separate list and duplicate, prepared as prescribed in division	4312
(A) of this section, of all general personal and classified	4313
property taxes that remain unpaid but are excepted from collection	4314
pursuant to section 5711.32 of the Revised Code. The duplicate of	4315
such list shall be delivered to the treasurer at the time of	4316
delivery of the delinquent personal and classified property tax	4317
duplicate.	4318

Sec. 5721.35. (A) Upon the sale and delivery of a tax	4319
certificate, the tax certificate vests in the certificate holder	4320
the first lien previously held by the state and its taxing	4321
districts under section 5721.10 of the Revised Code for the amount	4322
of taxes, assessments, interest, and penalty charged against a	4323
certificate parcel, superior to all other liens and encumbrances	4324
upon the parcel described in the tax certificate, in the amount of	4325
the certificate redemption price, except liens for delinquent	4326
taxes that attached to the certificate parcel prior to the	4327
attachment of the lien being conveyed by the sale of such tax	4328
certificate. With respect to the priority as among such first	4329
liens of the state and its taxing districts for different years,	4330
the priority shall be determined by the date such first liens of	4331
the state and its taxing districts attached pursuant to section	4332
323.11 of the Revised Code, with first priority to the earliest	4333
attached lien and each immediately subsequent priority based upon	4334
the next earliest attached lien.	4335

(B)(1) A certificate holder or the county treasurer may	4336
record the tax certificate or memorandum thereof in the office of	4337
the county recorder of the county in which the certificate parcel	4338
is situated, as a mortgage of land under division (A)~~(2)~~(20) of	4339
section 317.08 of the Revised Code. The county recorder shall	4340
index the certificate in the indexes provided for under section	4341
317.18 of the Revised Code. If the lien is subsequently canceled,	4342
the cancellation also shall be recorded by the county recorder.	4343

(2) Notwithstanding Chapter 1309., Title LIII, or any other	4344
provision of the Revised Code, a secured party holding a security	4345
interest in a tax certificate or memorandum thereof may perfect	4346
that security interest only by one of the following methods:	4347

(a) Possession;

4348

(b) Registering the tax certificate with the county treasurer	4349
in the name of the secured party, or its agent or custodian, as	4350
certificate holder;	4351

(c) Recording the name of the secured party in the tax	4352
certificate register in the office of the county treasurer of the	4353
county in which the certificate parcel is situated.	4354

Sec. 5747.451. (A) The mere retirement from business or	4355
voluntary dissolution of a domestic or foreign qualifying entity	4356
does not exempt it from the requirements to make reports as	4357
required under sections 5747.42 to 5747.44 or to pay the taxes	4358
imposed under section 5733.41 or 5747.41 of the Revised Code. If	4359
any qualifying entity subject to the taxes imposed under section	4360
5733.41 or 5747.41 of the Revised Code sells its business or stock	4361
of merchandise or quits its business, the taxes required to be	4362
paid prior to that time, together with any interest or penalty	4363
thereon, become due and payable immediately, and the qualifying	4364
entity shall make a final return within fifteen days after the	4365
date of selling or quitting business. The successor of the	4366
qualifying entity shall withhold a sufficient amount of the	4367
purchase money to cover the amount of such taxes, interest, and	4368
penalties due and unpaid until the qualifying entity produces a	4369
receipt from the tax commissioner showing that the taxes,	4370
interest, and penalties have been paid, or a certificate	4371
indicating that no taxes are due. If the purchaser of the business	4372
or stock of goods fails to withhold purchase money, the purchaser	4373
is personally liable for the payment of the taxes, interest, and	4374
penalties accrued and unpaid during the operation of the business	4375
by the qualifying entity. If the amount of those taxes, interest,	4376
and penalty unpaid at the time of the purchase exceeds the total	4377
purchase money, the tax commissioner may adjust the qualifying	4378
entity's liability for those taxes, interest, and penalty, or	4379
adjust the responsibility of the purchaser to pay that liability,	4380
in a manner calculated to maximize the collection of those	4381
liabilities.	4382

(B) Annually, on the last day of each qualifying taxable year	4383
of a qualifying entity, the taxes imposed under section 5733.41 or	4384
5747.41 of the Revised Code, together with any penalties	4385
subsequently accruing thereon, become a lien on all property in	4386
this state of the qualifying entity, whether such property is	4387
employed by the qualifying entity in the prosecution of its	4388
business or is in the hands of an assignee, trustee, or receiver	4389
for the benefit of the qualifying entity's creditors and	4390
investors. The lien shall continue until those taxes, together	4391
with any penalties subsequently accruing, are paid.	4392

Upon failure of such a qualifying entity to pay those taxes	4393
on the day fixed for payment, the treasurer of state shall	4394
thereupon notify the tax commissioner, and the commissioner may	4395
file in the office of the county recorder in each county in this	4396
state in which the qualifying entity owns or has a beneficial	4397
interest in real estate, notice of the lien containing a brief	4398
description of such real estate. No fee shall be charged for such	4399
a filing. The lien is not valid as against any mortgagee,	4400
purchaser, or judgment creditor whose rights have attached prior	4401
to the time the notice is so filed in the county in which the real	4402
estate which is the subject of such mortgage, purchase, or	4403
judgment lien is located. The notice shall be recorded in ~~a book~~	4404
the official records kept by the county recorder~~, called the~~	4405
~~qualifying entity tax lien record,~~ and indexed under the name of	4406
the qualifying entity charged with the tax. When the tax, together	4407
with any penalties subsequently accruing thereon, have been paid,	4408
the tax commissioner shall furnish to the qualifying entity an	4409
acknowledgment of such payment that the qualifying entity may	4410
record with the county recorder of each county in which notice of	4411
such lien has been filed, for which recording the county recorder	4412
shall charge and receive a fee of two dollars.	4413

(C) In addition to all other remedies for the collection of	4414
any taxes or penalties due under law, whenever any taxes,	4415
interest, or penalties due from any qualifying entity under	4416
section 5733.41 of the Revised Code or this chapter have remained	4417
unpaid for a period of ninety days, or whenever any qualifying	4418
entity has failed for a period of ninety days to make any report	4419
or return required by law, or to pay any penalty for failure to	4420
make or file such report or return, the attorney general, upon the	4421
request of the tax commissioner, shall file a petition in the	4422
court of common pleas in the county of the state in which such	4423
qualifying entity has its principal place of business for a	4424
judgment for the amount of the taxes, interest, or penalties	4425
appearing to be due, the enforcement of any lien in favor of the	4426
state, and an injunction to restrain such qualifying entity and	4427
its officers, directors, and managing agents from the transaction	4428
of any business within this state, other than such acts as are	4429
incidental to liquidation or winding up, until the payment of such	4430
taxes, interest, and penalties, and the costs of the proceeding	4431
fixed by the court, or the making and filing of such report or	4432
return.	4433

The petition shall be in the name of the state. Any of the	4434
qualifying entities having its principal places of business in the	4435
county may be joined in one suit. On the motion of the attorney	4436
general, the court of common pleas shall enter an order requiring	4437
all defendants to answer by a day certain, and may appoint a	4438
special master commissioner to take testimony, with such other	4439
power and authority as the court confers, and permitting process	4440
to be served by registered mail and by publication in a newspaper	4441
of general circulation in the county, which publication need not	4442
be made more than once, setting forth the name of each delinquent	4443
qualifying entity, the matter in which the qualifying entity is	4444
delinquent, the names of its officers, directors, and managing	4445
agents, if set forth in the petition, and the amount of any taxes,	4446
fees, or penalties claimed to be owing by the qualifying entity.	4447

All or any of the trustees or other fiduciaries, officers,	4448
directors, investors, beneficiaries, or managing agents of any	4449
qualifying entity may be joined as defendants with the qualifying	4450
entity.	4451

If it appears to the court upon hearing that any qualifying	4452
entity that is a party to the proceeding is indebted to the state	4453
for taxes imposed under section 5733.41 or 5747.41 of the Revised	4454
Code, or interest or penalties thereon, judgment shall be entered	4455
therefor with interest; and if it appears that any qualifying	4456
entity has failed to make or file any report or return, a	4457
mandatory injunction may be issued against the qualifying entity,	4458
its trustees or other fiduciaries, officers, directors, and	4459
managing agents, enjoining them from the transaction of any	4460
business within this state, other than acts incidental to	4461
liquidation or winding up, until the making and filing of all	4462
proper reports or returns and until the payment in full of all	4463
taxes, interest, and penalties.	4464

If the trustees or other fiduciaries, officers, directors,	4465
investors, beneficiaries, or managing agents of a qualifying	4466
entity are not made parties in the first instance, and a judgment	4467
or an injunction is rendered or issued against the qualifying	4468
entity, those officers, directors, investors, or managing agents	4469
may be made parties to such proceedings upon the motion of the	4470
attorney general, and, upon notice to them of the form and terms	4471
of such injunction, they shall be bound thereby as fully as if	4472
they had been made parties in the first instance.	4473

In any action authorized by this division, a statement of the	4474
tax commissioner, or the secretary of state, when duly certified,	4475
shall be prima-facie evidence of the amount of taxes, interest, or	4476
penalties due from any qualifying entity, or of the failure of any	4477
qualifying entity to file with the commissioner or the secretary	4478
of state any report required by law, and any such certificate of	4479
the commissioner or the secretary of state may be required in	4480
evidence in any such proceeding.	4481

On the application of any defendant and for good cause shown,	4482
the court may order a separate hearing of the issues as to any	4483
defendant.	4484

The costs of the proceeding shall be apportioned among the	4485
parties as the court deems proper.	4486

The court in such proceeding may make, enter, and enforce	4487
such other judgments and orders and grant such other relief as is	4488
necessary or incidental to the enforcement of the claims and lien	4489
of the state.	4490

In the performance of the duties enjoined upon the attorney	4491
general by this division, the attorney general may direct any	4492
prosecuting attorney to bring an action, as authorized by this	4493
division, in the name of the state with respect to any delinquent	4494
qualifying entities within the prosecuting attorney's county, and	4495
like proceedings and orders shall be had as if such action were	4496
instituted by the attorney general.	4497

(D) If any qualifying entity fails to make and file the	4498
reports or returns required under this chapter, or to pay the	4499
penalties provided by law for failure to make and file such	4500
reports or returns for a period of ninety days after the time	4501
prescribed by this chapter, the attorney general, on the request	4502
of the tax commissioner, shall commence an action in quo warranto	4503
in the court of appeals of the county in which that qualifying	4504
entity has its principal place of business to forfeit and annul	4505
its privileges and franchises. If the court is satisfied that any	4506
such qualifying entity is in default, it shall render judgment	4507
ousting such qualifying entity from the exercise of its privileges	4508
and franchises within this state, and shall otherwise proceed as	4509
provided in sections 2733.02 to 2733.39 of the Revised Code.	4510

Sec. 5815.15. No fiduciary or other person having the	4511
possession or control of any property subject to a power of	4512
appointment, other than the donee or holder of such power, has	4513
notice of a release of the power until a copy of the release is	4514
delivered to the fiduciary or other person having possession or	4515
control.	4516

No purchaser or mortgagee of real property subject to a power	4517
of appointment has notice of a release of the power until a copy	4518
of the release is delivered to the officer charged by law with the	4519
recording of deeds in the county in which the property is	4520
situated. If the property is in this state, the county recorder to	4521
whom a release is delivered shall record the release in the ~~record~~	4522
~~of powers of attorney~~official records, and shall charge a fee	4523
computed in the same manner as the fee charged for recording	4524
deeds.	4525

Section 2. That existing sections 135.807, 149.52, 317.02,	4526
317.04, 317.05, 317.07, 317.08, 317.09, 317.10, 317.111, 317.112,	4527
317.12, 317.13, 317.15, 317.17, 317.18, 317.19, 317.20, 317.22,	4528
317.26, 317.28, 317.29, 317.31, 317.32, 317.35, 317.36, 319.203,	4529
323.43, 503.13, 703.16, 707.09, 709.06, 709.32, 709.38, 709.39,	4530
723.04, 723.05, 961.02, 961.05, 971.15, 1311.06, 1311.35, 1311.42,	4531
1337.08, 1513.33, 1513.37, 1701.73, 1701.81, 1701.811, 1702.38,	4532
1702.43, 1702.462, 1705.38, 1705.381, 1729.38, 1776.70, 1776.74,	4533
1782.433, 1782.4310, 2113.62, 2505.13, 2937.27, 3929.18, 4123.76,	4534
4123.78, 4141.23, 4961.39, 5301.01, 5301.14, 5301.21, 5301.25,	4535
5301.255, 5301.28, 5301.32, 5301.33, 5301.331, 5301.332, 5301.34,	4536
5301.35, 5301.52, 5301.56, 5302.15, 5302.17, 5302.171, 5302.222,	4537
5309.13, 5309.41, 5309.64, 5715.701, 5719.04, 5721.35, 5747.451,	4538
and 5815.15 and sections 317.201 and 711.12 of the Revised Code	4539
are hereby repealed.	4540

Section 3. Section 319.203 of the Revised Code is presented	4541
in this act as a composite of the section as amended by both Am.	4542
Sub. S.B. 262 and Am. Sub. S.B. 287 of the 121st General Assembly.	4543
The General Assembly, applying the principle stated in division	4544
(B) of section 1.52 of the Revised Code that amendments are to be	4545
harmonized if reasonably capable of simultaneous operation, finds	4546
that the composite is the resulting version of the section in	4547
effect prior to the effective date of the section as presented in	4548
this act.	4549