SB1227sam001 97TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 4/5/2011

09700SB1227sam001 LRB097 07200 HLH 53886 a

AMENDMENT TO SENATE BILL 1227

AMENDMENT NO. ______. Amend Senate Bill 1227 on page 7, immediately below line 13, by inserting the following:

"(c) An affidavit of affixation shall be in the form set forth below:

MANUFACTURED HOME

AFFIDAVIT OF AFFIXATION

STATE OF ........................) )SS. COUNTY OF .......................)

BEFORE ME, the undersigned Notary Public, on this day personally appeared ......................... (type the name(s) of each person signing this Affidavit) known to me to be the person(s) whose name(s) is/are subscribed below (each a "Homeowner"), and who, being by me first duly sworn, did each on his or her oath state as follows: 1. Homeowner owns the manufactured home ("Home") described as follows: ..................................................... .............................. (New/Used; Year; Manufacturer's Name; Model Name and Model No.; Manufacturer's VIN No(s).; Length/Width)

2. The Home was built in compliance with the federal Manufactured Home Construction and Safety Standards (42 U.S.C.A. Ch. 70). 3. If Homeowner is the first retail buyer of the Home, Homeowner is in receipt of (i) the manufacturer's warranty for the Home, (ii) the Consumer Manual for the Home, (iii) the Insulation Disclosure for the Home, (iv) the formaldehyde health notice, and (v) the Dispute Resolution Disclosure required by 24 C.F.R. 3288.5. 4. The street address of the real property to which the Home is or shall be permanently affixed ("Property Address") is:

............................................................. (Street or Route; City; County; State; Zip Code)

5. The legal description of the real property to which the Home is or shall be permanently affixed ("Land") is: .............. .............................. ..............................

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

6. Homeowner is the owner of the Land or, if not the owner of the Land, the Home is not located in a mobile home park, as defined in Section 2.5 of the Mobile Home Park Act, and Homeowner is in possession of the Land pursuant to a lease in recordable form that has a term that continues for at least 20 years after the date of the execution of this Affidavit, and the consent of the lessor is attached to this Affidavit. 7. The Home is or shall be assessed and taxed as an improvement to the Land. 8. As of the date of the execution of this Affidavit, or, if the Home is not yet located at the Property Address, upon the delivery of the Home to the Property Address:

(a) All permits required by governmental authorities have been obtained;

(b) The Home [ ] is [ ] shall be permanently affixed as defined in Section 5-5 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act;

(c) The wheels, axles, towbar, or hitch were removed when the Home was placed on the Property Address; and

(d) The Home has the characteristics of site-built housing and is part of the Land. 9. The Home [ ] was [ ] was not permanently affixed before January 1, 2011. 10. If Homeowner is the owner of the Land, any conveyance or financing of the Home and the Land shall be a single transaction under applicable State law. 11. The Home is subject to the following security interests or liens:

Name of Lienholder: ................ Address: ........ Original Principal Amount Secured: ..........................

Name of Lienholder: ................ Address: ........ Original Principal Amount Secured: ..........................

12. Other than those disclosed in this Affidavit, Homeowner is not aware of (i) any other security interest, claim, lien, or encumbrance affecting the Home or (ii) any other facts or information that could reasonably affect the validity of the title of the Home or the existence or non-existence of security interests in it. 13. A release of lien from each of the lienholders identified in paragraph 11 of this Affidavit [] has been [] shall be delivered to the Secretary of State. 14. Homeowner shall initial only one of the following, as it applies to the Home:

[] The Home is not covered by a certificate of title. The Home is covered by a Manufacturer's Statement of Origin, issued on the ...... of .........., ....., manufacturer's vehicle identification number ........................, which Homeowner shall surrender. The original Manufacturer's Statement of Origin, duly endorsed to Homeowner, is attached to this Affidavit.

[] The Home is covered by a certificate of title issued on the ....... day of .........., ......, title number ........................, which Homeowner shall surrender.

15. Homeowner designates the following person to file a certified copy of this Affidavit with the Secretary of State, and the person to whom the Recorder shall return a certified copy of this Affidavit after it has been duly recorded in the real property records:

Name: ..............................................

Address: ................................................

16. This Affidavit is executed by Homeowner pursuant to Section 5-15 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. IN WITNESS WHEREOF, Homeowner(s) has/have executed this Affidavit in my presence and in the presence of the undersigned witnesses on this ...... day of ......, ......

...........................(SEAL) .......................... Homeowner #1 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #2 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #3 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #4 Witness ........................... Printed Name

STATE OF .........................) ) SS. COUNTY OF ........................)

The foregoing instrument was acknowledged before me this (date) by (name(s) of person(s) who acknowledged). .......................... Notary Public Signature

My commission expires: ................... Official Seal:

ATTENTION RECORDER: This instrument covers goods that are or are to become fixtures on the Property described herein and is to be filed for record in the records where conveyances of real estate are recorded."; and

on page 11, line 24, by replacing "(e)" with "(d)"; and

on page 12, line 1, by replacing "(c)" with "(d)"; and

on page 12, line 21, after "3-109" by inserting "of the Illinois Vehicle Code"; and

on page 12, immediately below line 21, by inserting the following:

"(d) An affidavit of severance shall be in the form set forth below:

MANUFACTURED HOME

AFFIDAVIT OF SEVERANCE

STATE OF .........................) )SS. COUNTY OF ........................)

BEFORE ME, the undersigned notary public, on this day personally appeared ................... (type the name(s) of each person signing this Affidavit) known to me to be the person(s) whose name(s) is/are subscribed below (each an "Affiant"), and who, being by me first duly sworn, did each on his or her oath state as follows:

1. The owner(s) of the manufactured home described below reside(s) at the following address: .......................... (Street or Route; City; County; State; Zip Code)

Mailing address, if different: ............................... (Street or Route; City; County; State; Zip Code)

2. The manufactured home that is the subject of this Affidavit ("Home") is described as follows: ............................ (New/Used; Year; Manufacturer's Name; Model Name and Model No.; Manufacturer's VIN No(s).; Length/Width)

3. The Home was severed from the following address ("Land"): . (Street or Route; City; County; State; Zip Code)

4. An Affidavit of Affixation was duly recorded in the land records of the county in which the Land is located on (date) ............., in book number ...... at page number ..... 5. Affiant is the owner of the Land or, if not the owner of the Land, is in possession of the Land pursuant to a lease in recordable form, and the consent of the lessor is attached to this Affidavit. 6. The Home is subject to the following security interests:

Name of Lienholder: ................ Address: ........ Original Principal Amount Secured: ..........................

Name of Lienholder: ................ Address: ........ Original Principal Amount Secured: ..........................

7. Other than those disclosed in this Affidavit, Affiant is not aware of (i) any other security interest, claim, lien, or encumbrance affecting the Home or (ii) any other facts or information that could reasonably affect the validity of the title of the Home or the existence or non-existence of security interests in it. 8. A release of lien from each of the lienholders identified in paragraph 6 of this Affidavit [] has been [] shall be delivered to the Secretary of State. 9. Affiant designates the following person to file a certified copy of this Affidavit with the Secretary of State, and the person to whom the Recorder shall return a certified copy of this Affidavit after it has been duly recorded in the real property records:

Name: ...............................................

Address: ................................................

10. This Affidavit is executed by Affiant pursuant to Section 5-50 of the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act. IN WITNESS WHEREOF, Affiant(s) has/have executed this Affidavit in my presence and in the presence of the undersigned witnesses on this ....... day of ................, ....... ...........................(SEAL) .......................... Homeowner #1 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #2 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #3 Witness ........................... Printed Name

...........................(SEAL) .......................... Homeowner #4 Witness ........................... Printed Name

STATE OF .........................) ) SS. COUNTY OF ........................)

The foregoing instrument was acknowledged before me this (date) by (name(s) of person(s) who acknowledged). .......................... Notary Public Signature

My commission expires: ................... Official Seal:

ATTENTION RECORDER: This instrument covers goods that had been fixtures on the Property described herein and is to be filed for record in the records where conveyances of real estate are recorded."; and

on page 12, line 22, by replacing "Section 55" with "Section 5-55"; and

by deleting everything from line 10 on page 13 through line 14 on page 14; and

on page 16, by replacing line 6 with "not those mobile homes or manufactured homes are permanently affixed"; and

on page 16, lines 9 and 10, by replacing "the mobile home or manufactured home is" with "those mobile homes or manufactured homes are"; and

on page 16, line 18, by replacing "County Assessor's office" with "chief county assessment officer"; and

on page 19, line 20, after "parks", by inserting "and"; and

on page 23, line 14, by replacing "file" with "record file"; and

on page 37, line 5, by replacing "of the" with "of Section 9-102 of the"; and

on page 62, line 24, by replacing ""manufactured home"" with "a manufactured home"; and

on page 80, line 26, after "and", by inserting "each"; and

on page 83, line 7, by replacing "of the house trailer" with "of the house trailer"; and

on page 91, line 15, after "Severance", by inserting "Act"; and

on page 95, line 11, by replacing "its" with "the"; and

on page 96, line 7, after "by", by inserting "a"; and

on page 103, line 11, by changing "Sections" to "Section"; and

on page 104, line 4, by replacing "time" with "time,"; and

on page 138, line 1, by replacing " 9-102, which" with "9-102 of the Uniform Commercial Code that"; and

on page 138, line 6, by replace "Code, which" with "Code that"; and

on page 158, immediately below line 24, by inserting the following:

"ARTICLE 99. EFFECTIVE DATE

Section 99-999. Effective date. This Act takes effect upon becoming law.".