Full Text of SB1227 97th General Assembly
SB1227sam001 97TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 4/5/2011
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| 1 | | AMENDMENT TO SENATE BILL 1227
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1227 on page 7, | 3 | | immediately below line 13, by inserting the following: | 4 | | "(c) An affidavit of affixation shall be in the form set | 5 | | forth below: | 6 | | MANUFACTURED HOME | 7 | | AFFIDAVIT OF AFFIXATION | 8 | | STATE OF ........................) | 9 | | )SS. | 10 | | COUNTY OF .......................) | 11 | | BEFORE ME, the undersigned Notary Public, on this day | 12 | | personally appeared ......................... (type the | 13 | | name(s) of each person signing this Affidavit) known to me to | 14 | | be the person(s) whose name(s) is/are subscribed below (each a | 15 | | "Homeowner"), and who, being by me first duly sworn, did each |
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| 1 | | on his or her oath state as follows: | 2 | | 1. Homeowner owns the manufactured home ("Home") described as | 3 | | follows: | 4 | | ..................................................... | 5 | | .............................. | 6 | | (New/Used; Year; Manufacturer's Name; Model Name and Model | 7 | | No.; Manufacturer's VIN No(s).; Length/Width) | 8 | | 2. The Home was built in compliance with the federal | 9 | | Manufactured Home Construction and Safety Standards (42 | 10 | | U.S.C.A. Ch. 70). | 11 | | 3. If Homeowner is the first retail buyer of the Home, | 12 | | Homeowner is in receipt of (i) the manufacturer's warranty | 13 | | for the Home, (ii) the Consumer Manual for the Home, (iii) | 14 | | the Insulation Disclosure for the Home, (iv) the | 15 | | formaldehyde health notice, and (v) the Dispute Resolution | 16 | | Disclosure required by 24 C.F.R. 3288.5. | 17 | | 4. The street address of the real property to which the Home is | 18 | | or shall be permanently affixed ("Property Address") is: | 19 | | ............................................................. | 20 | | (Street or Route; City; County; State; Zip Code) | 21 | | 5. The legal description of the real property to which the Home | 22 | | is or shall be permanently affixed ("Land") is: | 23 | | .............. |
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| 1 | | .............................. | 2 | | .............................. | 3 | | .............................. | 4 | | 6. Homeowner is the owner of the Land or, if not the owner of | 5 | | the Land, the Home is not located in a mobile home park, as | 6 | | defined in Section 2.5 of the Mobile Home Park Act, and | 7 | | Homeowner is in possession of the Land pursuant to a lease | 8 | | in recordable form that has a term that continues for at | 9 | | least 20 years after the date of the execution of this | 10 | | Affidavit, and the consent of the lessor is attached to | 11 | | this Affidavit. | 12 | | 7. The Home is or shall be assessed and taxed as an improvement | 13 | | to the Land. | 14 | | 8. As of the date of the execution of this Affidavit, or, if | 15 | | the Home is not yet located at the Property Address, upon | 16 | | the delivery of the Home to the Property Address: | 17 | | (a) All permits required by governmental authorities have | 18 | | been obtained; | 19 | | (b) The Home [ ] is [ ] shall be permanently affixed as | 20 | | defined in Section 5-5 of the Conveyance and Encumbrance of | 21 | | Manufactured Homes as Real Property and Severance Act; | 22 | | (c) The wheels, axles, towbar, or hitch were removed when | 23 | | the Home was placed on the Property Address; and | 24 | | (d) The Home has the characteristics of site-built housing | 25 | | and is part of the Land. |
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| 1 | | 9. The Home [ ] was [ ] was not permanently affixed before | 2 | | January 1, 2011. | 3 | | 10. If Homeowner is the owner of the Land, any conveyance or | 4 | | financing of the Home and the Land shall be a single | 5 | | transaction under applicable State law. | 6 | | 11. The Home is subject to the following security interests or | 7 | | liens: | 8 | | Name of Lienholder: ................ | 9 | | Address: ........ | 10 | | Original Principal Amount Secured: .......................... | 11 | | Name of Lienholder: ................ | 12 | | Address: ........ | 13 | | Original Principal Amount Secured: .......................... | 14 | | 12. Other than those disclosed in this Affidavit, Homeowner is | 15 | | not aware of (i) any other security interest, claim, lien, | 16 | | or encumbrance affecting the Home or (ii) any other facts | 17 | | or information that could reasonably affect the validity of | 18 | | the title of the Home or the existence or non-existence of | 19 | | security interests in it. | 20 | | 13. A release of lien from each of the lienholders identified | 21 | | in paragraph 11 of this Affidavit [] has been [] shall be | 22 | | delivered to the Secretary of State. | 23 | | 14. Homeowner shall initial only one of the following, as it |
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| 1 | | applies to the Home: | 2 | | [] The Home is not covered by a certificate of title. The | 3 | | Home is covered by a Manufacturer's Statement of Origin, | 4 | | issued on the ...... of .........., ....., manufacturer's | 5 | | vehicle identification number ........................, which | 6 | | Homeowner shall surrender. The original Manufacturer's | 7 | | Statement of Origin, duly endorsed to Homeowner, is attached | 8 | | to this Affidavit. | 9 | | [] The Home is covered by a certificate of title issued | 10 | | on the ....... day of .........., ......, title number | 11 | | ........................, which Homeowner shall surrender. | 12 | | 15. Homeowner designates the following person to file a | 13 | | certified copy of this Affidavit with the Secretary of | 14 | | State, and the person to whom the Recorder shall return a | 15 | | certified copy of this Affidavit after it has been duly | 16 | | recorded in the real property records: | 17 | | Name: .............................................. | 18 | | Address: ................................................ | 19 | | 16. This Affidavit is executed by Homeowner pursuant to Section | 20 | | 5-15 of the Conveyance and Encumbrance of Manufactured | 21 | | Homes as Real Property and Severance Act. | 22 | |
| 23 | | IN WITNESS WHEREOF, Homeowner(s) has/have executed this | 24 | | Affidavit in my presence and in the presence of the | 25 | | undersigned witnesses on this ...... day of ......, ......
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| 1 | | ...........................(SEAL) .......................... | 2 | | Homeowner #1 Witness | 3 | | ........................... | 4 | | Printed Name | 5 | | ...........................(SEAL) .......................... | 6 | | Homeowner #2 Witness | 7 | | ........................... | 8 | | Printed Name | 9 | | ...........................(SEAL) .......................... | 10 | | Homeowner #3 Witness | 11 | | ........................... | 12 | | Printed Name | 13 | | ...........................(SEAL) .......................... | 14 | | Homeowner #4 Witness | 15 | | ........................... | 16 | | Printed Name | 17 | | STATE OF .........................) | 18 | | ) SS. | 19 | | COUNTY OF ........................) |
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| 1 | | The foregoing instrument was acknowledged before me this | 2 | | (date) by (name(s) of person(s) who acknowledged). | 3 | | .......................... Notary Public | 4 | | Signature | 5 | | My commission expires: ................... | 6 | | Official Seal: | 7 | | ATTENTION RECORDER: This instrument covers goods that are | 8 | | or are to become fixtures on the Property described herein and | 9 | | is to be filed for record in the records where conveyances of | 10 | | real estate are recorded."; and | 11 | | on page 11, line 24, by replacing "(e)" with "(d)"; and | 12 | | on page 12, line 1, by replacing "(c)" with "(d)"; and | 13 | | on page 12, line 21, after "3-109" by inserting "of the | 14 | | Illinois Vehicle Code"; and | 15 | | on page 12, immediately below line 21, by inserting the | 16 | | following: | 17 | | "(d) An affidavit of severance shall be in the form set | 18 | | forth below: |
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| 1 | | MANUFACTURED HOME | 2 | | AFFIDAVIT OF SEVERANCE | 3 | | STATE OF .........................) | 4 | | )SS. | 5 | | COUNTY OF ........................) | 6 | | BEFORE ME, the undersigned notary public, on this day | 7 | | personally appeared ................... (type the name(s) of | 8 | | each person signing this Affidavit) known to me to be the | 9 | | person(s) whose name(s) is/are subscribed below (each an | 10 | | "Affiant"), and who, being by me first duly sworn, did each on | 11 | | his or her oath state as follows: | 12 | | 1. The owner(s) of the manufactured home described below | 13 | | reside(s) at the following address: | 14 | | .......................... | 15 | | (Street or Route; City; County; State; Zip Code) | 16 | | Mailing address, if different: | 17 | | ............................... | 18 | | (Street or Route; City; County; State; Zip Code) | 19 | | 2. The manufactured home that is the subject of this Affidavit | 20 | | ("Home") is described as follows: | 21 | | ............................ |
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| 1 | | (New/Used; Year; Manufacturer's Name; Model Name and Model | 2 | | No.; Manufacturer's VIN No(s).; Length/Width) | 3 | | 3. The Home was severed from the following address ("Land"): | 4 | | . | 5 | | (Street or Route; City; County; State; Zip Code) | 6 | | 4. An Affidavit of Affixation was duly recorded in the land | 7 | | records of the county in which the Land is located on | 8 | | (date) ............., in book number ...... at page | 9 | | number ..... | 10 | | 5. Affiant is the owner of the Land or, if not the owner of | 11 | | the Land, is in possession of the Land pursuant to a | 12 | | lease in recordable form, and the consent of the lessor | 13 | | is attached to this Affidavit. | 14 | | 6. The Home is subject to the following security interests: | 15 | | Name of Lienholder: ................ | 16 | | Address: ........ | 17 | | Original Principal Amount Secured: .......................... | 18 | | Name of Lienholder: ................ | 19 | | Address: ........ | 20 | | Original Principal Amount Secured: .......................... | 21 | | 7. Other than those disclosed in this Affidavit, Affiant is |
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| 1 | | not aware of (i) any other security interest, claim, | 2 | | lien, or encumbrance affecting the Home or (ii) any other | 3 | | facts or information that could reasonably affect the | 4 | | validity of the title of the Home or the existence or | 5 | | non-existence of security interests in it. | 6 | | 8. A release of lien from each of the lienholders identified | 7 | | in paragraph 6 of this Affidavit [] has been [] shall be | 8 | | delivered to the Secretary of State. | 9 | | 9. Affiant designates the following person to file a | 10 | | certified copy of this Affidavit with the Secretary of | 11 | | State, and the person to whom the Recorder shall return a | 12 | | certified copy of this Affidavit after it has been duly | 13 | | recorded in the real property records: | 14 | | Name: ............................................... | 15 | | Address: ................................................ | 16 | | 10. This Affidavit is executed by Affiant pursuant to Section | 17 | | 5-50 of the Conveyance and Encumbrance of Manufactured | 18 | | Homes as Real Property and Severance Act. | 19 | |
| 20 | | IN WITNESS WHEREOF, Affiant(s) has/have executed this | 21 | | Affidavit in my presence and in the presence of the | 22 | | undersigned witnesses on this ....... day of | 23 | | ................, .......
| 24 | | | 25 | | ...........................(SEAL) .......................... |
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| 1 | | Homeowner #1 Witness | 2 | | ........................... | 3 | | Printed Name | 4 | | ...........................(SEAL) .......................... | 5 | | Homeowner #2 Witness | 6 | | ........................... | 7 | | Printed Name | 8 | | ...........................(SEAL) .......................... | 9 | | Homeowner #3 Witness | 10 | | ........................... | 11 | | Printed Name | 12 | | ...........................(SEAL) .......................... | 13 | | Homeowner #4 Witness | 14 | | ........................... | 15 | | Printed Name | 16 | | STATE OF .........................) | 17 | | ) SS. | 18 | | COUNTY OF ........................) | 19 | | The foregoing instrument was acknowledged before me this | 20 | | (date) by (name(s) of person(s) who acknowledged). | 21 | | .......................... Notary Public |
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| 1 | | Signature | 2 | | My commission expires: ................... | 3 | | Official Seal: | 4 | | ATTENTION RECORDER: This instrument covers goods that had been | 5 | | fixtures on the Property described herein and is to be filed | 6 | | for record in the records where conveyances of real estate are | 7 | | recorded."; and | 8 | | on page 12, line 22, by replacing "Section 55" with "Section | 9 | | 5-55"; and | 10 | | by deleting everything from line 10 on page 13 through line 14 | 11 | | on page 14; and | 12 | | on page 16, by replacing line 6 with " not those mobile homes or | 13 | | manufactured homes are permanently affixed "; and | 14 | | on page 16, lines 9 and 10, by replacing " the mobile home or | 15 | | manufactured home is " with " those mobile homes or manufactured | 16 | | homes are "; and | 17 | | on page 16, line 18, by replacing " County Assessor's office " | 18 | | with " chief county assessment officer "; and |
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| 1 | | on page 19, line 20, after " parks ", by inserting " and "; and | 2 | | on page 23, line 14, by replacing "file" with " record file "; | 3 | | and | 4 | | on page 37, line 5, by replacing " of the " with " of Section | 5 | | 9-102 of the "; and
| 6 | | on page 62, line 24, by replacing " "manufactured home" " with " a | 7 | | manufactured home "; and | 8 | | on page 80, line 26, after " and ", by inserting " each "; and | 9 | | on page 83, line 7, by replacing "of the house trailer" with | 10 | | " of the house trailer "; and | 11 | | on page 91, line 15, after " Severance ", by inserting " Act "; and | 12 | | on page 95, line 11, by replacing " its " with " the "; and | 13 | | on page 96, line 7, after " by ", by inserting " a "; and | 14 | | on page 103, line 11, by changing " Sections " to " Section "; and | 15 | | on page 104, line 4, by replacing " time " with " time, "; and |
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| 1 | | on page 138, line 1, by replacing " 9-102, which " with " 9-102 | 2 | | of the Uniform Commercial Code that "; and | 3 | | on page 138, line 6, by replace " Code, which " with " Code that "; | 4 | | and | 5 | | on page 158, immediately below line 24, by inserting the | 6 | | following: | 7 | | "ARTICLE 99. EFFECTIVE DATE | 8 | | Section 99-999. Effective date. This Act takes effect upon | 9 | | becoming law.".
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