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Session Laws, 1976
Volume 734, Page 805   View pdf image
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MARVIN MANDEL, Governor

805

a reasonable rental of the part of the property occupied
by the crops[, and this"]. THIS rental is a lien on the
crops and continues until paid in favor of the
[purchasers] PURCHASES or those claiming under him, and
neither the crops nor any part of them may be removed
until after payment. If the parties are unable to agree
on the rental, any party in interest may apply to the
court having jurisdiction over the sale or the
confirmation of it[,] for the appointment of

disinterested appraisers to determine the rental, whose
award shall be final.

[(2)] (3) In addition to any other remedy,
the purchaser or those claiming under him, on
ascertainment of the rent, may distrain for the rent or
any part of it remaining due, as in the case of landlord
and tenant. No provision of this section is intended to
interfere with the right of the purchaser[,] or those
claiming under him[,] to have possession of the property,
except as to the part occupied by the crop, with
necessary ingress or egress.

7-106.

(c) (1) [Where there is] IF a mortgage or deed
of trust [which] remains unreleased of record, the
mortgagor or grantor is entitled to a presumption that it
has been paid if:

(i) 20 years have elapsed since the
last payment date called for in the instrument or the
maturity date as set forth in the instrument; or

(ii) IF THE LAST PAYMENT DATE OR
MATURITY DATE CANNOT BE ASCERTAINED FROM THE RECORD, 40
years have elapsed since the date of record of the
instrument [if the date of last payment called for in the
instrument cannot be ascertained from the record].

(2)    The right to release of a mortgage or
deed of trust shall be enforced by a bill in equity[,] if
the presumption of payment is not rebutted. All parties
to the instrument including the mortgagee, trustee in a
deed of trust, or any party named in the instrument,
shall be made parties to the bill and served or summoned
with notice as in other equity cases. If the court finds
the petitioner has a right to release, the clerk shall
record the release [pursuant to] UNDER the procedure set
forth in § 3-105 (b) and (c) OF THIS ARTICLE relating to
the clerk's duty to record releases.

(3)    Recordation by the clerk operates as a
release of the mortgage or deed of trust.

8-20 8.

(c) (2) If the landlord includes in any lease a
provision prohibited by this section[,] or made

 

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Session Laws, 1976
Volume 734, Page 805   View pdf image
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