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| 1 | AMENDMENT TO SENATE BILL 1912
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1912 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 9-316 as follows:
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| 6 | (735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
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| 7 | Sec. 9-316. Lien upon crops. Every landlord shall have a | ||||||
| 8 | lien upon the
the crops
grown or
growing upon the demised | ||||||
| 9 | premises for the rent thereof, whether the same
is payable | ||||||
| 10 | wholly or in part in money or specific articles of property
or | ||||||
| 11 | products of the premises, or labor, and also for the faithful
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| 12 | performance of the terms of the lease. Such lien shall continue | ||||||
| 13 | for the
period of 6 months after the expiration of the term for | ||||||
| 14 | which the
premises are demised, and may be enforced by | ||||||
| 15 | distraint as
provided in Part 3 of Article IX of this Act. | ||||||
| 16 | A good faith purchaser shall, however, take such crops free | ||||||
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| 1 | of any landlord's
lien unless, within 6 months prior to the | ||||||
| 2 | purchase, the landlord provides
written notice of his lien to | ||||||
| 3 | the purchaser by registered or certified mail.
Such notice | ||||||
| 4 | shall contain the names and addresses of the landlord and | ||||||
| 5 | tenant,
and clearly identify the leased property.
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| 6 | A landlord may require that, prior to his tenant's selling | ||||||
| 7 | any crops
grown on the demised premises, the tenant disclose | ||||||
| 8 | the name of the person
to whom the tenant intends to sell those | ||||||
| 9 | crops. Where such a requirement
has been imposed, the tenant | ||||||
| 10 | shall not sell the crops to any person other
than a person who | ||||||
| 11 | has been disclosed to the landlord as a potential buyer
of the | ||||||
| 12 | crops.
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| 13 | A lien arising under this Section shall have priority over | ||||||
| 14 | any agricultural
lien as defined in, and over any security | ||||||
| 15 | interest arising under, provisions of
Article 9 of the Uniform | ||||||
| 16 | Commercial Code.
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| 17 | (Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)".
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