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(124th General Assembly)
(Substitute House Bill Number 279)
AN ACT
To amend sections 317.113, 323.43, 1337.01, 1337.06,
1337.091, 1337.10, 5301.01,
5301.04, 5301.08,
5301.251, 5301.255, 5301.28, 5301.31, 5301.32,
5301.33, 5301.331, 5301.34, 5301.35, 5302.05,
5302.07, 5302.09, 5302.11, 5302.12, 5302.17,
5302.22, 5309.05,
5309.10, 5309.30, 5309.51,
5309.75, and 5311.05 and
to repeal section 5301.234
of the
Revised Code to
eliminate the requirement
that
deeds, mortgages,
land contracts, leases and
memoranda of leases of
real property, memoranda of
trust, certain powers
of attorney, and other
recordable instruments and
transactions pertaining
to real property be signed
and attested to in the
presence of witnesses.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 317.113, 323.43, 1337.01, 1337.06,
1337.091, 1337.10, 5301.01,
5301.04, 5301.08, 5301.251, 5301.255,
5301.28, 5301.31, 5301.32, 5301.33, 5301.331,
5301.34, 5301.35,
5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17, 5302.22,
5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05 of the
Revised Code be
amended to read as follows:
Sec. 317.113. The county recorder shall not accept for
recording a deed or other instrument in writing that is
executed
or certified in whole or in part in a language other
than the
English language
unless it complies with the requirements of
sections 317.11,
317.111, and 317.112 of the Revised Code and is
accompanied
by a complete English
translation certified as
provided in this section. The translator of the
deed or other
instrument in writing shall certify that the translation
is
accurate and that the translator is competent to perform the
translation. The translator shall sign and acknowledge the
translation of the deed or other instrument in writing
in the
presence
of two witnesses, who shall attest the translator's
signature
and subscribe their names to the attestation. The
translator
shall sign and acknowledge the translation before a
judge of a
court of record in this state, a clerk of a court of
record in
this state, a county auditor, a county engineer, or a
notary
public. A certificate of the translator that is substantially in the
following form
satisfies the requirements of this section: "CERTIFICATE OF TRANSLATORThe undersigned, .........................., hereby certifies
that the
document attached to this certificate and made a part of
this certificate has
been translated into English by the
undersigned; that the translation
is accurate; and that the
undersigned is competent to perform the translation. Signed and Acknowledged in the Presence of:
.............................. | |
.............................. | |
| ................................ |
| (Signature of Translator) |
| SSN: ........................... |
State of ...................... | |
County of ..................... | |
The foregoing certificate of translator has been acknowledged
before me
this ..... day of .........., ......
| ................................. |
| (Signature of Judge or Officer
Taking the Acknowledgment)" |
This section does not apply to a deed or other instrument
in
writing executed or certified prior to August 20,
1996.
Sec. 323.43. Each person owning lands may authorize or
consent to the payment by another of the taxes levied upon
such
those
lands or the surface owner of lands may pay the taxes levied
upon
coal under
said
the land if
said
the taxes are delinquent,
without
consent of the owner of the coal. A person paying
such
those taxes
shall first obtain from the owner of
such
the lands,
except in the
case of coal, a certificate of authority to pay
them,
that is signed
in
the presence of two witnesses, and
acknowledged before an officer
authorized to administer oaths.
Such
The certificate shall contain
an accurate description of the
property as shown by the tax
duplicate, the amount of the taxes
levied
thereon
on the property, the year for
which they were
levied, the name of the person authorized to pay
them, and the
date of the payment
thereof
of the taxes. Where
If the tax on coal has been paid by the surface owner,
the certificate shall contain an accurate description of the
property as shown by the tax duplicate, the amount of the taxes
levied
thereon
on the coal, the year for which they were levied,
and the date
of the payment
thereof
of the taxes.
The person paying
such
those taxes shall file
such
the
certificate in
the office of the county recorder for record within
ten days from
the date of the payment
thereof
of the taxes. When
the certificate has been
filed, the amount
thereof
of the tax,
with interest at eight per cent per
annum from the date of the
payment of
such
the tax, shall become a
lien upon such real estate
in preference to all liens thereafter
attaching to the property,
and in preference to all pre-existing
liens the holders of which
have executed and acknowledged
such
that
certificate of authority.
The money paid, with the interest
thereon, may be recovered from
the person legally liable for the
payment of the tax.
Such
An
action may be brought by the person
paying the tax at any time
after the expiration of one year from
the date of the payment
thereof.
When
If the surface owner has paid
taxes on coal under
this section
he, the surface owner may bring
an action in
foreclosure in the same manner provided by law for the
foreclosure
of mortgages on land.
Such
The surface owner shall have
the option
after judgment in the foreclosure action to purchase
the coal at
the appraised amount or to have the coal sold at
public sale in
accordance with law. The certificate filed with
the recorder
shall be recorded and canceled in the same manner as
mortgages on
real estate in a book separately kept and indexed by
him
the
recorder for that purpose, and the recorder shall
receive the fees
prescribed by law for recording real estate mortgages.
Sec. 1337.01. A power of attorney for the conveyance,
mortgage, or lease of
any interest in real property
must
shall be
signed,
attested, acknowledged, and
certified as provided in
section 5301.01 of the Revised Code.
Sec. 1337.06. A power of attorney for the transfer of
personal property or
the transaction of business relating
thereto
to the transfer of personal property, in order to be admitted to
record as provided in section 1337.07 of the Revised Code,
must
shall be signed,
witnessed, and acknowledged in the same manner as
deeds and mortgages under
section 5301.01 of the Revised Code.
When so executed, acknowledged, and
recorded, a copy of the record
thereof, certified by the county recorder, with
his
the recorder's
official seal affixed
thereto
to it, shall be
received in all
courts and places
within this state as prima-facie evidence of the
existence of
such
that instrument
and as conclusive evidence of
the existence of
such
that record.
Sec. 1337.091. (A) The death or adjudged incompetency of
any principal who has executed a power of attorney in writing
does
not revoke the power and authority of the attorney in fact
who,
without actual knowledge of the death or adjudged
incompetency of
the principal, acts in good faith under the power
of attorney.
Any
action so taken, unless otherwise invalid or
unenforceable,
inures
to the benefit of and binds the principal
and
his
the
principal's
heirs, devisees, and personal
representatives. (B) An affidavit, executed by the attorney in fact stating
that
he
the attorney in fact did not have, at the time of doing
an
act pursuant to the
power of attorney, actual knowledge of the
revocation of the
power of attorney by the principal, or the
revocation of the
power of attorney by death or adjudged
incompetency of the
principal is, in the absence of fraud,
conclusive proof of the
nonrevocation of the power at that time.
If the exercise of the
power requires the execution and delivery
of any instrument that
is recordable, the affidavit when
witnessed
and acknowledged
before a notary public in the same manner as a
deed, is likewise
recordable. (C) This section shall not be construed to alter or affect
any provision for revocation contained in any power of attorney.
This section shall not be construed to affect any provision of a
power of attorney that indicates, consistent with section 1337.09
of the Revised Code, that the authority of the attorney in fact
is
exercisable by
him
the attorney in fact as provided in the
power
of attorney
notwithstanding the later disability, incapacity, or
adjudged
incompetency of the principal.
Sec. 1337.10. The county recorder shall charge the same
fee
for the recording of a power of attorney authorizing the
transfer
of personal property or the transaction of business
relating
thereto
to the transfer of personal property, the indexing
thereof
of that instrument, and for making a
certified copy of the
record of
such
the instrument,
as he
that the
recorder is allowed
by section 317.32 of the Revised Code to charge for
like
similar
services
in regard to other instruments. In a county in which the county recorder has determined to
use the microfilm process as provided by section 9.01 of the
Revised Code, the recorder may require that all cancellations,
releases, or other actions affecting recorded powers of attorney
be by separate instrument, signed, witnessed, and acknowledged as
provided by section 5301.01 of the Revised Code. The original
instrument bearing the proper endorsement may be used as
such
that
separate instrument. Any
such cancellations, releases, or other
actions
described in this section shall be recorded in the books
in which the powers of
attorney were recorded. The fee for
such
recordation shall be as
set forth in this section.
Sec. 5301.01. (A) A deed, mortgage, land contract as referred
to
in division
(B)(2) of section 317.08 of the Revised Code, or
lease
of any interest in real
property and a memorandum of trust
as
described in division (A) of section
5301.255 of the Revised
Code
shall be signed by the grantor, mortgagor,
vendor, or lessor
in
the case of a deed, mortgage, land contract, or lease or
shall
be
signed by the settlor and trustee in the case of a memorandum
of
trust.
The signing shall be acknowledged by the grantor,
mortgagor, vendor,
or lessor, or by the settlor and trustee, in
the presence of two witnesses,
who shall attest the signing and
subscribe their names to the attestation.
The signing shall be
acknowledged by the grantor, mortgagor, vendor, or
lessor, or by
the settlor and trustee, before a judge or clerk of a court of
record in this state, or a county auditor, county engineer, notary
public, or
mayor, who shall certify the acknowledgement and
subscribe
his
the
official's name to the
certificate of the
acknowledgement. (B)(1) If a deed, mortgage, land contract as referred to in
division (B)(2) of section 317.08 of the Revised Code, lease of
any interest in real property, or a memorandum of trust as
described in division (A) of section 5301.255 of the Revised Code
was executed prior to the effective date of this amendment and was
not acknowledged in the presence of, or was not attested by, two
witnesses as required by this section prior to that effective
date, both of the following apply:
(a) The instrument is deemed properly executed and is
presumed to be valid unless the signature of the grantor,
mortgagor, vendor, or lessor in the case of a deed, mortgage, land
contract, or lease or of the settlor and trustee in the case of a
memorandum of trust was obtained by fraud.
(b) The recording of the instrument in the office of the
county recorder of the county in which the subject property is
situated is constructive notice of the instrument to all persons,
including without limitation, a subsequent purchaser in good faith
or any other subsequent holder of an interest in the property,
regardless of whether the instrument was recorded prior to, on, or
after the effective date of this amendment.
(2) Division (B)(1) of this section does not affect any
accrued substantive rights or vested rights that came into
existence prior to the effective date of this amendment.
Sec. 5301.04. A deed, mortgage, or lease of any interest of
a married person
in real property
must
shall be signed,
attested,
acknowledged, and certified as
provided in section 5301.01 of the
Revised Code.
Sec. 5301.08. Sections 5301.01 to 5301.45, inclusive, of the
Revised Code do
not affect the validity of any lease of lands
appropriated by congress for the
support of schools or for
ministerial purposes for any term not exceeding ten
years or of
any other lands for any term not exceeding three years or require
such
that lease to be
attested, acknowledged, or recorded.
Sec. 5301.251. In lieu of the recording of a lease, there
may be recorded a
memorandum of
such
that lease, executed,
attested, and acknowledged in accordance
with section 5301.01 of
the Revised Code
which. The memorandum of lease shall contain the
names of
the
lessor and the lessee and their addresses as set
forth in
said
the lease, a
reference to
such
the lease with its
date of
execution, a description of the
leased
premises with such
certainty as to identify the property, including the
reference
provided for in section 5301.011 of the Revised Code,
and the term
of
the lease, together with any rights of renewal or extension
thereof
of the lease, and the
date of commencement of the term or
the manner of determining the
same
commencement of the term as set
forth in
such
the lease. A memorandum of lease
thus
that is entitled to be
so recorded
may also
may set forth any
other
provisions contained in the
lease, or the substance
thereof
of those provisions, and shall be
constructive notice of only that information contained in
such
the
memorandum. Sections 317.08, 5301.251, and 5301.33 of the Revised Code
shall not be
construed to affect the
enforcibility
enforceability,
validity, or
legal effect of instruments
recorded in
said
those
lease records prior to August 9, 1963.
Sec. 5301.255. (A) A memorandum of trust that satisfies
both of the following may be presented for recordation in the
office of the county recorder of any county in which real
property
that is subject to the trust is located: (1) The memorandum shall be executed by the settlor and
trustee of the trust, attested by witnesses, and acknowledged by
the settlor and trustee of the trust in accordance with section
5301.01 of the Revised Code. (2) The memorandum shall state all of the following: (a) The names and addresses of the settlor and trustee of
the trust; (b) The date of execution of the trust; (c) The powers specified in the trust relative to the
acquisition, sale, or encumbering of real property by the trustee
or the conveyance of real property by the trustee, and any
restrictions upon those powers. (B) A memorandum of trust that satisfies divisions (A)(1)
and (2) of this section also may set forth the substance or
actual
text of provisions of the trust that are not described in
those
divisions. (C) A memorandum of trust that satisfies divisions (A)(1)
and (2) of this section shall constitute notice only of the
information contained in it. (D) Upon the presentation for recordation of a memorandum
of
trust that satisfies divisions (A)(1) and (2) of this section
and
the payment of the requisite fee prescribed in section 317.32
of
the Revised Code, a county recorder shall record the
memorandum of
trust as follows: (1) Unless division (D)(2) of this section applies, in the
record of deeds described in division (A) of section 317.08 of
the
Revised Code, if the memorandum of trust describes specific
real
property, or in the record of powers of attorney described
in
division (C) of that section, if the memorandum of trust does
not
describe specific real property; (2) If the county recorder records instruments in
accordance
with division (F) of section 317.08 of the Revised
Code, in the
official records described in that division.
Sec. 5301.28. When the mortgagee of property within this
state, or the party to whom the mortgage has been assigned,
either
by a separate instrument, or in writing on
such
that mortgage,
or
on the margin of the record
thereof
of the mortgage, which
assignment, if in
writing on
such
the mortgage or on the margin of
the record
thereof
of the mortgage,
need not be
witnessed or
acknowledged, receives payment of any
part of the money due the
holder of
such
the mortgage, and secured by
the mortgage, and
enters satisfaction or a receipt
therefor
for the payment,
either
on the mortgage or its record,
such
that satisfaction or
receipt,
when entered on
such
the record, or copied
thereon
on the record
from the
original mortgage by the county recorder, will release
the
mortgage to the extent of
such
the receipt. In all cases when
a
mortgage has been assigned in writing on
such
that mortgage, the
recorder
must
shall copy the assignment from the original mortgage
upon
the margin of the record of the mortgage before
such
the
satisfaction
or receipt is entered upon the record
thereof
of the
mortgage. In a county in which the county recorder has determined to
use the microfilm process as provided by section 9.01 of the
Revised Code, the recorder may require that all satisfactions of
mortgages be made by separate instrument. The original
instrument
bearing the proper endorsement may be used as such
separate
instrument.
Such
That separate instrument shall be recorded
in the
book provided by section 5301.34 of the Revised Code for
the
satisfactions of mortgages. The recorder shall charge the
fee for
such
the recording as provided by section 317.32 of the
Revised
Code for recording mortgages.
Sec. 5301.31. Except in counties in which a separate
instrument is required to assign or partially release a mortgage
as described in section 5301.32 of the Revised Code, a mortgage
may be assigned or partially released by the holder of the
mortgage, by writing the assignment or partial release on the
original mortgage or upon the margin of the record of the
original
mortgage and signing it. The assignment or partial
release need
not be acknowledged
or witnessed, but, if it is
written upon the
margin of the record of the original mortgage,
the signing shall
be attested by the county recorder. The
assignment, whether it is
upon the original mortgage, upon the
margin of the record of the
original mortgage, or by separate
instrument, shall transfer not
only the lien of the mortgage but
also all interest in the land
described in the mortgage. An
assignment of a mortgage shall
contain the then current mailing
address of the assignee. The
signature of a person on the assignment or
partial release may
be
a facsimile of that person's signature. A facsimile of a
signature on an
assignment or partial release is equivalent to and
constitutes the written
signature of the
person for all
requirements regarding mortgage assignments or partial
releases. For entering an assignment or partial release of a mortgage
upon the margin of the record of the original mortgage or for
attesting it, the recorder shall be entitled to the fee provided
by section 317.32 of the Revised Code for recording the
assignment
and satisfaction of mortgages.
Sec. 5301.32. A mortgage may be assigned or partially
released by a separate instrument of assignment or partial
release, acknowledged
and witnessed as provided by section
5301.01
of the Revised Code. The separate instrument of
assignment or
partial release shall be recorded in the book
provided by section
5301.34 of the Revised Code for the recording
of satisfactions of
mortgages, and the. The county recorder shall be
entitled to
charge the fee for that recording as provided by
section 317.32 of
the Revised Code for recording deeds. The signature of a
person
on the assignment or partial release may
be a facsimile of that
person's signature. A facsimile of a signature on an
assignment
or partial release is equivalent to and constitutes the written
signature of the
person for all requirements regarding mortgage
assignments or partial
releases. In a county in which the recorder has determined to use the
microfilm process as provided by section 9.01 of the Revised
Code,
the recorder may require that all assignments and partial
releases
of mortgages be by separate instruments. The original
instrument
bearing the proper endorsement may be used as the
separate
instrument. An assignment of a mortgage shall contain the then current
mailing address of the assignee.
Sec. 5301.33. Except in counties where deeds or other
separate instruments
are
required as provided in this section, a
lease, whether or not renewable
forever,
which
that is recorded in
any county recorder's office, may be canceled or
partially
released by the lessor and lessee, or assigned by either of them,
by
writing
such
the cancellation, partial release, or assignment
on the original
lease, or upon the margin of the record
thereof
of
the original lease, and
by signing it.
Such
That
cancellation,
partial release, or assignment need not be
witnessed or
acknowledged, but if written on the margin of the record, the
signing
thereof
must
shall be attested to by the recorder.
Such
The assignment by the lessee, whether
it
is upon the lease, or
upon the margin of the record
thereof
of the lease, or by separate
instrument, shall transfer all interest held by the lessee under
the lease in
the premises described
therein
in the lease, unless
otherwise stated in the lease or in the
assignment. For copying
such
the cancellation, partial release, or assignment
upon
the
margin of the record, if written upon the original instrument, or
for
attesting it, if written upon the margin of the record, the
recorder shall
charge the fee provided by section 317.32 of the
Revised Code for recording
the
assignment and satisfaction of
mortgages. A lease, whether or not renewable forever,
which
that is
recorded in any county
recorder's office,
may also
may be
canceled, partially released, or assigned by
deed or by other
separate instrument acknowledged
and witnessed as provided in
section 5301.01 of the Revised Code. Unless in the form of a
deed, a separate
instrument of cancellation, partial release, or
assignment shall be recorded
in
the record of leases provided for
by section 317.08 of the Revised Code
and the. The
recorder shall
charge the fee for
such
that recording as provided in section
317.32
of the Revised Code for recording deeds. When
If a lease has been canceled, partially released, or
assigned by deed or by
other separate instrument and
such
that
deed or other separate instrument recites
the recorder's file
number of the original lease or the volume and page of the
record
wherein
in which the original lease is recorded, the recorder
shall note on the
margin of the record of the original lease the
recorder's file number of
such
the
deed or other separate
instrument or the volume and page of the record
wherein
in which
the same is recorded.
"Lessor" and "lessee" as used in this section include an
assignee of the
interest of either. "Lease" as used in this
section includes a memorandum of
lease provided for by section
5301.251 of the Revised Code. This section does
not permit the
assignment of any lease
whose
if the assignment is prohibited by
the
terms
thereof
of the lease. In a county in which the county recorder has determined to
use the microfilm
process as provided by section 9.01 of the
Revised Code, the recorder may
require that all cancellations,
partial releases, and assignments of leases be
by deed or other
separate instrument. The original instrument bearing the
proper
endorsement may be used as such separate instrument.
Sec. 5301.331. Except in counties where deeds or other
instruments are
required as provided in this section, a land
contract
which
that is recorded in the
office of the county
recorder may be cancelled, partially released by the
vendor and
vendee, or assigned by either of them by writing
such
the
cancellation,
partial release, or assignment on the original land
contract or upon the
margin
of the record
thereof
of the original
land contract, and
by signing it.
Such
That cancellation, partial
release, or
assignment need not be
witnessed or acknowledged, but
if written on the margin
of the record, the signing
thereof must
shall be attested to by the county recorder.
Such
The assignment
by the vendee, whether it is on the land contract or upon the
margin of the record
thereof
of that contract, or by separate
instrument, shall transfer the
right held by the vendee under the
land contract in the premises described
therein
in the contract
unless otherwise stated in the land contract or in the assignment.
For
copying
such
the cancellation, partial release, or assignment
upon the margin of
the record, or for attesting it, if written
upon the margin of the record, the
recorder shall charge the fee
provided by section 317.32 of the Revised Code
for recording the
assignment and satisfaction of mortgages. A land contract
which
that is recorded in the office of the
county recorder may
also
be cancelled, partially released, or
assigned by deed or by other separate
instrument, acknowledged
and
witnessed as provided in section 5301.01 of the
Revised Code.
Unless in the form of a deed, a separate instrument of
cancellation, partial release, or assignment shall be recorded in
the book
provided by section 5301.34 of the Revised Code for
recording satisfactions of
mortgages, and the. The recorder shall
charge the fee for
such
that record as provided
for in section
317.32 of the Revised Code for record fees. When
If a land contract has been cancelled, partially
released, or assigned by
deed or other separate instrument, and
such
that deed or other separate instrument
recites the recorder's
file number of the original land contract or the volume
and page
of the record
wherein
in which the original land contract is
recorded, the
recorder shall note on the margin of the original
land contract the recorder's
file number of
such
the deed or other
separate instrument or the volume and page of
the record
wherein
in which the same is recorded.
"Vendor" and "Vendee
vendee" as used in this section include
an
assignee of the
interest of either. This section does not
permit
the assignment of any land
contract
whose
if the assignment
is
prohibited by the terms
thereof
of the land contract. In a county where the county recorder has determined to use
the microfilm
process as provided by section 9.01 of the Revised
Code, the recorder may
require that all cancellations, partial
releases, and assignments of land
contracts be by deed or other
separate instrument. The original instrument
bearing the proper
endorsement may be used as such separate instrument.
Sec. 5301.34. A mortgage
must
shall be discharged upon the
record
thereof
of the mortgage by the
county recorder when there
is presented to
him
the county
recorder a certificate executed by
the
mortgagee or
his
the mortgagee's assigns, acknowledged
and
witnessed as
provided in section
5301.01 of the Revised Code, or
when there is presented to
him
the
recorder a deed of
release
executed by the governor as provided in section 5301.19 of the
Revised
Code, certifying that the mortgage has been fully paid and
satisfied. In
addition to the discharge on the records by the
recorder, such certificate
shall be recorded in a book kept for
that purpose by the recorder.
Such
The
recorder is entitled to the
fees for such recording as provided by section
317.32 of the
Revised Code for recording deeds.
Sec. 5301.35. The priority of the lien of a mortgage may be
waived to the
extent specified by the holder
thereof
of the lien
in favor of any lien, mortgage, lease,
easement, or other interest
in the property covered by the mortgage, by
writing
such
the
waiver of priority on the original mortgage and signing it, by
writing
such
the waiver of priority upon the margin of the record
of
said
that mortgage
and signing it, or by a separate instrument
acknowledged
and witnessed as
provided by section 5301.01 of the
Revised Code.
Such
That waiver, when recorded
upon the margin of
the record of
such
the mortgage, or when recorded as a separate
instrument, is constructive notice to all persons dealing with
either the
property described in
said
that mortgage or the
mortgage
itself from the date of
filing
said
the waiver for
record.
Such
The waiver, if written upon
said
the mortgage or
upon
the margin
of the record
thereof
of the mortgage, need not be
acknowledged
or
witnessed,
but if written upon the margin of the
record, the
signing
must
shall be attested by
the county recorder. If
said
the waiver of priority is by separate instrument, it
shall be recorded in
the book provided by section 5301.34 of the
Revised Code for the recording of
satisfactions of mortgages. For
such
the recording, the county recorder may
charge the fee as
provided by section 317.32 of the Revised Code for recording
deeds. For entering any
such waiver of priority upon the margin
of the record
of
said
the mortgage, or for attesting it, the
recorder is entitled to the fees
for recording
such
those waivers
of priority
as
that are charged for assignments or
satisfactions
of mortgages under section 317.32 of the Revised Code. In a county in which the county recorder has determined to
use the microfilm
process as provided by section 9.01 of the
Revised Code, the recorder may
require that all waivers of
priority of mortgages be made by separate
instrument. The
original instrument bearing the proper
indorsement
endorsement may
be
used as such separate instrument.
Sec. 5302.05. A deed in substance following the form set
forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, has the force and effect of a
deed in fee simple to the grantee,
his
the grantee's heirs,
assigns, and
successors, to
his
the grantee's and
their
the
grantee's heirs', assigns', and successors' own use, with
covenants on
the part
of the grantor with the grantee,
his
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
such
that deed
he
the
grantor was
lawfully seized in
fee
simple of the granted premises, that the
granted premises were
free from all encumbrances, that
he
the
grantor had
good right to
sell and convey the same to the grantee and
his
the
grantee's
heirs, assigns, and successors, and that
he
the grantor does
warrant and will
defend the same to the grantee and
his
the
grantee's heirs,
assigns, and
successors, forever, against the
lawful claims and demands of all
persons. "GENERAL WARRANTY DEED........... (marital status), of ........... County,
.............. for
valuable consideration paid, grant(s), with
general warranty covenants, to
............., whose tax-mailing
address is .................., the following real property: (description of land or interest therein and encumbrances,
reservations, and
exceptions, if any)
| Prior Instrument Reference: | Volume ....., Page ..... |
..............., wife (husband) of the grantor, releases all
rights of dower
therein. Witness ............................. hand this ...........
day of ....................
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)"
Sec. 5302.07. A deed in substance following the form set
forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, has the force and effect of a
deed in fee simple to the grantee,
his
the grantee's heirs,
assigns, and
successors, to
his
the grantee's and
their
the
grantee's heirs', assigns', and successors' own use, with
covenants on
the part
of the grantor with the grantee,
his
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
such
that deed the
premises were free from all
encumbrances made by
him
the
grantor, and that
he
the grantor
does
warrant and will defend the same to the grantee and
his
the
grantee's
heirs, assigns, and successors, forever, against the
lawful
claims and demands of all persons claiming by, through, or
under
the grantor, but against none other. "LIMITED WARRANTY DEED.......... (marital status), of ............ County,
............. for
valuable consideration paid, grant(s), with
limited warranty covenants, to
..........., whose tax-mailing
address is ..........., the following real
property: (description of land or interest therein and encumbrances,
reservations, and
exceptions, if any)
| Prior Instrument Reference: | Volume ....., Page ..... |
..........., wife (husband) of said grantor, releases to said
grantee all
rights of dower therein. Witness .......... hand this .......... day of ...........
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)"
Sec. 5302.09. A deed in substance following the form set
forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, has the force and effect of a
deed in fee simple to the grantee,
his
the grantee's heirs,
assigns, and
successors, to
his
the grantee's and
their
the
grantee's heirs', assigns', and successors' own use, with
covenants on
the part
of the grantor with the grantee,
his
the
grantee's heirs,
assigns, and
successors, that, at the time of the
delivery of
such
that deed,
he
the
grantor
was duly appointed,
qualified, and acting in the fiduciary
capacity described in
such
that
deed, and was duly authorized to make
the sale and conveyance
of
the premises; that in all of
his
the
grantor's
proceedings in
the
sale
thereof he
of the premises the grantor has complied with
the
requirements of
the statutes in such case provided. "DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE,GUARDIAN, RECEIVER, OR COMMISSIONER.........., executor of the will of ................,
(administrator of the estate of ........) (trustee under .......)
(guardian of ........) (receiver of ........) (commissioner), by
the power conferred by .........., and every other power, for
........ dollars paid, grants, with fiduciary covenants, to
.........., whose tax-mailing address is ........., the following
real property: (description of land or interest therein and encumbrances,
reservations, and exceptions, if any)
| Prior Instrument Reference: | Volume ....., Page ..... |
Witness ........... hand this ....... day of .............
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)"
Sec. 5302.11. A deed in substance following the form set
forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, has the force and effect of a
deed in fee simple to the grantee,
his
the grantee's heirs,
assigns, and
successors, and to
his
the grantee's and
their
the
grantee's heirs', assigns', and successors' own use, but without
covenants
of any kind on the part of the grantor. "QUIT-CLAIM DEED............... (marital status), of .......... County,
..................... for valuable consideration paid, grant(s)
to
.................., whose tax-mailing address is ..........,
the
following real property: (description of land or interest therein and encumbrances,
reservations, and exceptions, if any) Prior Instrument Reference: Volume ......., Page ...... ..............., wife (husband) of the grantor, releases
all
rights of dower therein. Witness ............... hand this ............ day of
...................................
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)"
Sec. 5302.12. A mortgage in substance following the form
set
forth in this section, when duly executed in accordance with
Chapter 5301. of the Revised Code, has the force and effect of a
mortgage to the use of the mortgagee and
his
the mortgagee's
heirs, assigns, and
successors, with mortgage covenants and upon
the statutory
condition, as defined in sections 5302.13 and
5302.14 of the
Revised Code, to secure the payment of the money or
the
performance of any obligation specified in the mortgage. The
parties may insert in the mortgage any other lawful agreement or
condition. "MORTGAGE........................, .................... (marital status),
of ................ (current mailing address), for ..........
Dollars paid, grant(s), with mortgage covenants, to ............,
of .................. (current mailing address), the following
real property: (Description of land or interest in land and encumbrances,
reservations, and exceptions, if any.) (A reference to the last recorded instrument through which
the mortgagor claims title. The omission of the reference shall
not affect the validity of the mortgage.) This mortgage is given, upon the statutory condition, to
secure the payment of ................. dollars with interest as
provided in a note of the same date. "Statutory condition" is defined in section 5302.14 of the
Revised Code and provides generally that, if the mortgagor pays
the principal and interest secured by this mortgage, performs the
other obligations secured by this mortgage and the conditions of
any prior mortgage, pays all the taxes and assessments, maintains
insurance against fire and other hazards, and does not commit or
suffer waste, then this mortgage shall be void. ..................., wife (husband) of the mortgagor,
releases to the mortgagee all rights of dower in the described
real property. Witness .......... hand this .... day of ................
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)"
Sec. 5302.17. A deed conveying any interest in real
property
to two or more persons, and in substance following the
form set
forth in this section, when duly executed in accordance
with
Chapter 5301. of the Revised Code, creates a survivorship
tenancy
in the grantees, and upon the death of any of the
grantees, vests
the interest of the decedent in the survivor,
survivors, or
his
the survivor's or
their
survivors' separate heirs and assigns. "SURVIVORSHIP DEED............... (marital status), of .................... County,
......................... for valuable consideration paid,
grant(s), (covenants, if any), to .........................
(marital status) and ..................., (marital status), for
their joint lives, remainder to the survivor of them, whose
tax-mailing addresses are ............, the following real
property: (description of land or interest therein and encumbrances,
reservations, and exceptions, if any) Prior Instrument Reference: ...........................,. ..............., wife (husband) of the grantor, releases all
rights of
dower
therein. Witness ............... hand this ................. day of
.................."
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)" Any persons who are the sole owners of real property, prior
to April 4, 1985, as tenants with a right of survivorship under
the common or statutory law of this state or as tenants in common
may create in themselves and in any other person or persons a
survivorship tenancy in the real property by executing a deed as
provided in this section conveying their entire, separate
interests in the real property to themselves and to the other
person or persons. Except as otherwise provided in this section, when a person
holding real property as a survivorship tenant dies, the transfer
of the interest of the decedent may be recorded by presenting to
the county auditor and filing with the county recorder either a
certificate of transfer as provided in section 2113.61 of the
Revised Code, or an affidavit accompanied by a certified copy of
a
death certificate. The affidavit shall recite the names of the
other survivorship tenant or tenants, the address of the other
survivorship tenant or tenants, the date of death of the
decedent,
and a description of the real property. The county
recorder shall
make index reference to any certificate or
affidavit so filed in
the record of deeds. When a person holding
real property as a
survivorship tenant dies and the title to the
property is
registered pursuant to Chapter 5309. of the Revised
Code, the
procedure for the transfer of the interest of the
decedent shall
be pursuant to section 5309.081 of the Revised
Code.
Sec. 5302.22. (A) A deed conveying any interest in real
property, and in substance following the form set forth in this
division,
when duly executed in accordance with Chapter 5301. of
the Revised Code and
recorded
in the office of the county
recorder, creates a present interest as sole
owner or as a tenant
in common
in the grantee and creates a transfer on death interest
in the
beneficiary or
beneficiaries. Upon the death of the
grantee,
the deed vests the interest of the
decedent in the
beneficiary or beneficiaries. The deed described
in this division
shall in substance conform to the following form: "Transfer on Death Deed
.................... (marital status), of
...........
County,
.................... (for valuable consideration paid, if
any),
grant(s) (with covenants, if any), to .................... whose
tax
mailing address is ...................., transfer on death to
...................., beneficiary(s), the following real
property;: (Description of land or interest in land and encumbrances,
reservations, and exceptions, if any.) Prior Instrument Reference: ................................
...................., wife (husband) of the grantor, releases all
rights of dower
therein. Witness .................... hand this ....................
day of
...................."
Executed before me on ...............
day of ...............
by ...................., who, under penalty
of perjury in
violation of section 2921.11 of the Revised Code,
represented to
me to be said person.
| ............................... | | (Signature of Judge or Officer | | Taking the Acknowledgment) |
(Execution in accordance with Chapter 5301. of the Revised
Code)" (B) Any person who, under the Revised Code or
the common law
of
this state, owns real property or any interest in real property
as a sole
owner or as a tenant in common
may create an interest
in
the real property transferable on death by executing and
recording
a deed as provided in this section conveying the
person's entire,
separate interest in the real property to one or
more individuals,
including the grantor, and designating one or
more other persons,
identified in the deed by name, as transfer on
death
beneficiaries. A deed conveying an interest in real property that includes a
transfer on death beneficiary designation need not be supported by
consideration and need not be delivered to the transfer on death
beneficiary to be effective. (C) Upon the death of any individual who owns real property
or an
interest in real property that is subject to a transfer on
death beneficiary
designation made under a transfer on death deed
as provided in this section,
the
deceased owner's interest shall
be transferred only to the
transfer on death beneficiaries who are
identified in the deed by
name and who survive the deceased owner
or that are in existence on the date
of death of
the deceased
owner. The transfer of the deceased owner's interest
shall be
recorded by presenting to the county auditor and filing
with the
county recorder an affidavit, accompanied by a certified
copy of a
death certificate for the deceased owner. The affidavit shall
recite the name and address of each designated transfer on death
beneficiary
who survived the deceased owner or that is in
existence on the date of the
deceased owner's death, the date
of
the deceased owner's death, a description of the subject real
property or interest in real property, and the names of each
designated transfer on death beneficiary who has not survived the
deceased
owner or that is not in
existence on the date of the
deceased owner's death. The
affidavit shall be accompanied by a
certified copy of a death
certificate for each designated transfer
on death beneficiary who
has not survived the deceased owner. The
county recorder shall make an index reference to any affidavit so
filed in the record of deeds. Upon the death of any individual holding real property or an
interest in real property that is subject to a transfer on death
beneficiary designation made under a transfer on death deed as
provided in this section, if the title to the real property is
registered pursuant to Chapter 5309. of the Revised Code, the
procedure for the transfer of the interest of the deceased owner
shall be
pursuant to section 5309.081 of the Revised Code.
Sec. 5309.05. The persons who, singly or collectively, claim
to own and to be
seized of, or to have the power of appointing or
disposing of, the legal or
equitable estate in fee in and to the
whole of any parcel of land, may
personally or through an attorney
in fact, authorized by an instrument signed,
witnessed,
acknowledged, and recorded as a deed, have their title to
said
that
estate in
said
that land, or the whole title to
said
that
land, registered in the county
where the land is situated. A
corporation may apply by its agent or attorney,
authorized by vote
of its board of directors, and any person under disability
may
apply by
his
the person's legal guardian or trustee. All
persons
in whose behalf the
application is made shall be named as the
applicants or plaintiffs, except in
cases mentioned in section
5309.66 of the Revised Code.
Sec. 5309.10. If the application to register the title to
land or to any
interest
therein
in land is made by a married
person, the
husband or wife
spouse of
such
that
person shall
signify
his or her
the spouse's assent to the
registration as
prayed for by
indorsement
endorsement on the application
witnessed
and acknowledged as a deed, or by a
separate instrument so
witnessed and acknowledged and filed with the
application. If the
husband and wife
spouses are separated and
living apart, or
either
one refuses to consent to the application of the other, the assent
of the
husband or wife
nonapplicant spouse is not necessary, and
in
such
that case the
husband or wife
nonapplicant spouse shall
be
treated and named as a party defendant to the application.
Sec. 5309.30. The county recorder shall take from the owner
of any registered
property, right, interest, lien, or charge, in
every case
where
in which it is
practicable to do so,
such
the
owner's receipt or signature card, giving
the residence
and
post-office address, for the certificate of title, or whatever
paper is
issued or delivered to or filed by
him
the owner, signed
by
such
the owner in person and
witnessed.
When such
If the
receipt or signature card is signed in the recorder's
office, it
may be witnessed by the recorder or
some
a deputy. If signed
elsewhere,
such
the receipt or signature card
must
shall be
attested by two witnesses
and
acknowledged before an officer
authorized to take acknowledgment of deeds.
When signed,
witnessed
and
or acknowledged, and filed with the recorder,
such
the
receipt shall be regarded as containing the genuine signature
of
such
that person.
Sec. 5309.51. The holder of any mortgage, encumbrance,
lease, charge, or lien
upon registered land may execute to a
transferee an assignment for the whole
or
any part
thereof
of the
mortgage, encumbrance, lease, charge, or lien, by
indorsement
endorsement of
such
the assignment on the original instrument
of
encumbrance, the holder's duplicate, the mortgagee's certified
copy of a
mortgage, or by a separate instrument
witnessed and
acknowledged as required
by
section 5301.01 of the Revised Code.
The assignment of
only a part
only must
of the mortgage,
encumbrance, lease, charge, or lien shall state
whether the part
transferred is to be given priority, be deferred, or rank
equally
with the remaining part. When
such
that assignment is filed with
the
county
recorder and the assignor produces the instrument of
encumbrance
which
he
that the assignor
holds, if
such
that
instrument is the original instrument or one of the original
duplicates
thereof
of the instrument, and in the case of a
mortgage when the assignor produces
the "mortgagee's certified
copy," if
such
that copy was issued and delivered, the
recorder,
being satisfied that the assignment is properly made and should be
registered, shall register
such
the assignment by entering a
memorial of the part
transferred,
the date of transfer,
the name,
residence, and post-office address of
the
transferee, how
such
the
part transferred is to rank with the remaining part, and
the file
number upon the register
where such
in which the instrument
creating the charge is
registered, and in case of assignment by
separate instrument, upon the
original
instrument.
On the
instrument of assignment the
The recorder shall
indorse
endorse on
the instrument of assignment the
exact time of filing and the
volume and folium of the register
where
in which the assignment is
registered. If the original instrument of encumbrance, or one of
the
duplicates
thereof
of the instrument, is recorded, the
assignee
may, on payment of the recorder's
fees
therefor,
may have
such
that assignment copied on the margin of the record of the
instrument assigned, or copied in a separate volume and noted on
the margin of
the record of the instrument assigned, if the
recorder keeps any such separate
volume for the record of
assignments and
transfer, the
transfers. The record of
such
that
assignment
to
shall be noted on the indexes of the instrument
assigned. If the
original instrument of encumbrance or one of the
original duplicates
thereof
of the instrument,
indorsed
endorsed
by the recorder, or a mortgagee's certified copy of the mortgage,
is
outstanding in the hands of the encumbrancer, lessee, or their
assigns, no
entry or memorial of an assignment or transfer of
such
that instrument or security
of any part
thereof
of the instrument
shall be made by the recorder without the production of
such
the
original instrument, or the
indorsed
endorsed original duplicate
thereof
of the instrument, or the
mortgagee's certified copy. Waivers of the priority of lien of mortgages may be
registered subject to the
requirements of this section as to
assignments.
Sec. 5309.75. The deed or instrument constituting a person
an attorney in
fact
shall contain: (A) The full name of the party appointing, and of the person
appointed, and
the residence and post-office address of each; (B) The number of the outstanding certificate of title, and
the volume and
folium of the register; (C) A description of the land, which
that shall be the same
as given in the
certificate of title; (D) A brief statement of the powers conferred upon the
attorney in fact. Such
That deed or instrument shall be signed by the person
making it
and witnessed
and acknowledged as provided in section
5301.01 of the Revised Code.
Sec. 5311.05. (A) A declaration submitting property to
the
provisions of this chapter shall be signed and acknowledged
by the
owner
in the presence of two witnesses who shall attest
the
signing and subscribe their names to the attestation, and
before a
judge or clerk of a court of record, county auditor,
county
engineer, notary public, mayor, or county court judge, who
shall
certify the acknowledgment and subscribe
his name to the
certificate of acknowledgment. (B) A declaration shall contain all of the following: (1) A legal description of the land or, in the case of
water
slip condominium property, of the land and the land under
the
water area, thereby submitted to the provisions of this
chapter; (2) The name by which the condominium property shall be
known which shall include the word "condominium"; (3) The purpose or purposes of the condominium property
and
the units and commercial facilities situated
therein
in the
condominium property and the
restrictions, if any, upon the use or
uses
thereof
of the condominium property; (4) A general description of the building or buildings
thereby submitted to the provisions of this chapter, stating the
principal materials of which it is or they are constructed and
the
number of stories, basements, and units
therein
in the building or
buildings, or a general
description of each water slip and of the
piers and wharves
forming each water slip thereby submitted to the
provisions of
this chapter; (5) The unit designation of each unit thereby submitted to
the provisions of this chapter and a statement of its location,
approximate area, number of rooms, and the immediate common area
or limited common area to which it has access, and any other data
necessary for its proper identification; (6) A description of the common area and facilities and
limited common areas and facilities thereby submitted to the
provisions of this chapter, the percentage or percentages of
interest
therein
in the common area and facilities and limited
common areas and facilities appertaining to each unit, the basis
upon which
those appurtenant percentages of interest are
allocated, and the
procedures whereby the percentages appertaining
to each unit may
be altered, which percentages, basis, and
procedures shall be in
accordance with section 5311.04 of the
Revised Code; (7) A statement that each unit owner shall be a member of
a
unit owners association
which
that shall be established for the
administration of the condominium property; (8) The name of a person to receive service of process for
the unit owners association, together with the residence or place
of business of the person, which residence or place of business
shall be in a county in which all or a part of the condominium
property is situated; (9) The method by which the declaration may be amended,
which
that, except as provided in division (D) of section 5311.04
and
section 5311.051 of the Revised Code, shall require the
affirmative vote of those unit owners exercising not less than
seventy-five per cent of the voting power; (10) Any further provisions deemed desirable. (C) In the case of an expandable condominium property, the
declaration also shall contain all of the following: (1) The explicit reservation of the declarant's option to
expand the condominium property; (2) A statement of any limitations on that option,
including
a statement as to whether the consent of any unit
owners is
required, and if so, a statement as to the method
whereby the
consent is to be ascertained; or a statement that
there are no
such limitations; (3) A time limit, not exceeding seven years from the date
the declaration is filed for record, renewable for an additional
seven-year period at the option of the developer, exercisable
within six months prior to the expiration of the seven-year
period
and with the consent of the majority of the unit owners
other than
the developer upon which the option to expand the
condominium
property will expire, together with a statement of
any
circumstances that will terminate the option prior to the
expiration of the time limit; (4) A legal description by metes and bounds of all
additional property that, through exercise of the option, may be
submitted to the provisions of this chapter and that, thereby,
may
be added to the condominium property; (5) A statement as to whether all, or a particular
portion,
of the additional property must be added to the
condominium
property, or whether, if any additional property is
added, all or
a particular portion of the additional property
must be added,
and, if not, a statement of any limitations as to
the portions
that may be added or a statement that there are no
such
limitations; (6) A statement as to whether portions of the additional
property may be added to the condominium property at different
times, together with any limitations fixing the boundaries of
those portions by legal descriptions setting forth the metes and
bounds of those portions, or regulating the order in which they
may be added to the condominium property, or both; (7) A statement of any limitations as to the location of
any
improvements that may be made on any portion of the
additional
property added to the condominium property, or a
statement that
there are no such limitations; (8) A statement of the maximum number of units that may be
created on the additional property. If portions of the
additional
property may be added to the condominium property and
the
boundaries of those portions are fixed in accordance with
division
(C)(6) of this section, the declaration shall also state
the
maximum number of units that may be created on each portion
added
to the condominium property. If portions of the additional
property may be added to the condominium property and the
boundaries of those portions are not fixed in accordance with
division (C)(6) of this section, the declaration shall also state
the maximum number of units per acre that may be created on any
portion added to the condominium property. (9) Except in cases where the previously submitted
condominium property contains no units restricted exclusively to
residential use, a statement of the maximum percentage of the
aggregate land and floor area of all units not restricted
exclusively to residential use that may be created on any
additional property or portions of additional property that may
be
added to the condominium property; (10) A statement of the extent to which any structures
erected on any portion of the additional property added to the
condominium property will be compatible with structures on the
submitted property in terms of quality of construction, the
principal materials to be used, and architectural style, or a
statement that the structures need not be compatible in those
terms; (11) With respect to all improvements to any portion of
additional property added to the condominium property, other than
structures, a statement setting forth both of the following: (a) A description of the improvements that must be made or
a
statement that no other improvements must be made; (b) Any restrictions or limitations upon the improvements
that may be made or a statement that there are no restrictions or
limitations upon improvements that may be made. (12) With respect to all units created on any portion of
additional property added to the condominium property, a
statement
setting forth both of the following: (a) Whether all such units must be substantially identical
to units on previously submitted land; (b) Any limitations as to what types of units may be
created
on the additional property or a statement that there are
no
limitations. (13) A description of the declarant's reserved right, if
any, either to create limited common areas and facilities within
any portion of the additional property added to the condominium
property or to designate common areas and facilities within each
portion that may subsequently be assigned as limited common areas
and facilities, in terms of the types, sizes, and maximum number
of
such
those areas and facilities in each portion; (14)
Such
The drawings and plans
as
that the declarant
considers
appropriate in supplementing the requirements of
divisions
(C)(4), (5), (6), (7), (10), (11), (12), and (13) of
this
section. (D) In the case of a leasehold condominium development,
the
declaration shall also contain all of the following: (1) With respect to any ground lease or other leases the
expiration or termination of which will or may terminate or
reduce
the amount of the condominium property, a statement
setting forth
the county in which the lease is recorded and the
volume and page
of the record; (2) A statement setting forth the date upon which each
lease
referred to in division (D)(1) of this section is due to
expire; (3) A statement as to whether any land or improvements of
the condominium property will be owned by the unit owners in fee
simple, and if so, either a description of the land or
improvements, including a legal description by metes and bounds
of
the land, or a statement of any rights the unit owners shall
have
to remove
such
those improvements within a reasonable time after
the expiration or termination of the ninety-nine year lease or
leases involved, or a statement that they shall have no such
rights; (4) A statement of the rights the unit owners have to
redeem
the reversion or any of the reversions, or a statement
that they
have no such rights; (5) A statement that, subsequent to the recording of the
declaration, no lessor who executed it, and no successor in
interest to the lessor, have any right or power to terminate any
part of the leasehold interest of any unit owner who makes timely
payment of
his
the unit owner's share of the rent to the person
designated in the
declaration for the receipt of the rent and who
otherwise
complies with all covenants that, if violated, would
entitle the
lessor to terminate the lease. SECTION 2. That existing sections 317.113, 323.43, 1337.01,
1337.06, 1337.091, 1337.10,
5301.01, 5301.04, 5301.08, 5301.251,
5301.255, 5301.28, 5301.31, 5301.32, 5301.33,
5301.331, 5301.34,
5301.35, 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.17,
5302.22, 5309.05, 5309.10, 5309.30, 5309.51, 5309.75, and 5311.05
and section
5301.234 of the Revised Code are hereby repealed.
SECTION 3. The General Assembly declares its intent that the
amendment made by this act to section 5301.01 of the Revised Code
is retrospective in its operation and is remedial in its
application to instruments described in that section that were
executed or recorded prior to the effective date of this act,
except that the amendment does not affect any substantive rights
or vested rights that came into existence prior to the effective
date of this act.
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