HOUSE AMENDMENT

    614-101AX3-98                                 Bill No. HB 1083

    Amendment No.     (TECHNICAL AMENDMENT)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Rules, Resolutions, & Ethics offered the

12  following:

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14         Technical Amendment 

15         On page 81, line 23, through page 82, line 10,

16  remove from the bill:  all of said lines,

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18  and insert in lieu thereof:

19         (8)  If the interest of a lessor of fixtures, including

20  the lessor's residual interest, has priority over all

21  conflicting interests of all owners and encumbrancers of the

22  real estate, the lessor or the lessee may, on default,

23  expiration, termination, or cancellation of the lease

24  agreement by the other party but subject to the provisions of

25  the lease agreement and this chapter, or if necessary to

26  enforce his or her other rights and remedies of the lessor or

27  lessee under this chapter, remove the goods from the real

28  estate, free and clear of all conflicting interests of all

29  owners and encumbrancers of the real estate, but the lessor or

30  lessee he or she must reimburse any encumbrancer or owner of

31  the real estate who is not the lessee and who has not

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    File original & 9 copies    09/22/97
    hbd0002                     02:13 pm         01083-rre -531183




                                                   HOUSE AMENDMENT

    614-101AX3-98                                 Bill No. HB 1083

    Amendment No.     (TECHNICAL AMENDMENT)





 1  otherwise agreed for the cost of repair of any physical injury

 2  but not for any diminution in value of the real estate caused

 3  by the absence of the goods removed or by any necessity of

 4  replacing them. A person entitled to reimbursement may refuse

 5  permission to remove until the party seeking removal gives

 6  adequate security for the performance of this obligation.

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    File original & 9 copies    09/22/97
    hbd0002                     02:13 pm         01083-rre -531183