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PUBLIC NOTICES - FORFEITURES
Forfeitures From January 18, 2011
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NOTICE OF FORFEITURE OF OIL AND GAS LEASE OHIO REVISED CODE 5301.332 TO: POI Energy, Inc. or its successors and assigns, whose last known address is: 777 East 79th Street Cleveland, Ohio 44103, Atwood Resources, Inc., successor of POI Energy, Inc., whose last known addresses are: 5061 State Route 46 South Jefferson, Ohio 44047 9801 Westheimer, Suite 500, Houston, Texas 77042 Please be advised that 10250 Philipp Pkwy, LLC, an Ohio limited liability company (“10250 Philipp Pkwy, LLC”) is the current lessor under that certain Oil and Gas Lease between Joseph J. Juratovac, as the original lessor, and POI Energy, Inc., as the original lessee, having an effective date of August 31, 1981 and recorded on September 16, 1981 in Volume 105, Page 438 of the Portage County Public Records (the “Oil and Gas Lease”). The Oil and Gas lease encumbers, among other property, that certain real property located at 10250 Philipp Parkway, Streetsboro, Ohio 44241, being approximately 19.41 acres, further identified as Parcel Number 35-003-00-00-002-003 in the Office of the Portage County Auditor (the “Property”), as more particularly described in that certain Limited Warranty Deed recorded on May 31, 2019, as Instrument Number 201908218 of the Portage County Public Records. During the time that Grace Bay Investments, LLC, 10250 Philipp Pkwy’s predecessor in interest owned the Property, Grace Bay Investments, LLC received no rent or royalty payments in connection with the Oil and Gas Lease and Grace Bay Investments, LLC had no knowledge of any producing oil or gas wells located on the Property. Since 10250 Philipp Pkwy acquired the Property, 10250 Philipp Pkwy has received no rent or royalty payments in connection with the Oil and Gas Lease and has no knowledge of any producing oil or gas wells located on the Property. This serves as formal notice that after thirty (30) days and not more than sixty (60) days from the publication of this notice, 10250 Philipp Pkwy intends to record an Affidavit of Forfeiture/ Non-Production pursuant to Ohio Revised Code 5301.332 with the Portage County Recorder’s Office declaring the partial termination of the Oil and Gas Lease, solely with respect to the Property, if the Oil and Gas Lease is not released within thirty (30) days from the publication of this notice. After such time, the encumbrance of the Oil and Gas Lease on the Property shall be of no further force and effect nor shall the rights of the owner of the Property be affected by or subject to the rights of any party to the Oil and Gas Lease. For additional information, contact: Yaima Seigley, Esq. or Elaine Hutchins, Esq., 127 Public Square, Suite 2000, Cleveland, OH 44114-1214 Jun 7, 2019 19-00243 |
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NOTICE Notice of Intent to Declare Forfeiture to: GREAT LAKES ENERGY PARTNERS, LLC, or its successors and assigns. Please be advised that FAIR ACRES MHC, LLC (“Lessor”), is the current lessor under a certain Oil and Gas Lease, by and between P. L. Frank Construction Co., as lessor, and Hanna Hills, Ltd., as lessee, dated May 18, 1977, as may be amended from time to time, and recorded on June 24, 1977, in Volume 89, Page 193, in the Office of the Recorder in the County of Portage, State of Ohio (the “Oil and Gas Lease”). Lessor’s records indicate that GREAT LAKES ENERGY PARTNERS, LLC (“Lessee”), is the current lessee under the Oil and Gas Lease. Lessee, or its successors and assigns, is hereby given notice that an Affidavit of Forfeiture regarding said Oil and Gas Lease will be filed, pursuant to R.C. § 5301.332, after thirty days (30) from publication of this notice, unless Lessee, or its successors and assigns, takes prompt action to release or preserve its interest in accordance with Ohio law. The Oil and Gas Lease covers certain real property containing approximately 250 acres of land and described as follows: All that certain tract of land situated in the Township of Ravenna, County of Portage, State of Ohio, described as follows, to wit: On the North by McCormick Road; On the East by the Ravenna-Charleston Township Line; On the South by Newton Falls Road; On the West by small tracts, Girl Scouts, D. Jennings, A. Jennings, D. Saviers; All in Lots 29, 30, 39, and 40, and containing for rental purposes 250 acres, more or less. It being intended hereby to include herein all lands and interests therein contiguous to or appurtenant to said described lands owned or claimed by lessor. The Oil and Gas Lease will be declared forfeited and void because the Lessee, its heirs, successors and assigns have abandoned and forfeited the Oil and Gas Lease due to the lack of production and the expiration of the term. There are no producing or drilling oil or gas wells on the leased premises. For the foregoing reasons, Lessor intends to file for record an Affidavit of Forfeiture with the county recorder if the Oil and Gas Lease is not released of record within thirty (30) days from publication of this notice. Mar 15, 2019 19-00113 |
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NOTICE Notice of Intent to Declare Forfeiture to: H.D. COLLINS & M.S. COLLINS, CO-TRUSTEES OF THE H.D. COLLINS TRUST, DATED 11-5-70, or its successors and assigns. Please be advised that VILLAGE ESTATES MHC, LLC (“Lessor”), is the current lessor under a certain Oil and Gas Lease, by and between Perry T. Stephenson and Edna J. Stephenson, as lessor, and The East Ohio Gas Company, an Ohio corporation, as lessee, dated June 6, 1957, as may be amended from time to time, and recorded on July 3, 1957, in Book 46, Page 235, in the Office of the Recorder in the County of Portage, State of Ohio (the “Oil and Gas Lease”). Lessor’s records indicate that H.D. COLLINS & M.S. COLLINS, CO-TRUSTEES OF THE H.D. COLLINS TRUST, DATED 11-5-70 (“Lessee”), is the current lessee under the Oil and Gas Lease. Lessee, or its successors and assigns, is hereby given notice that an Affidavit of Forfeiture regarding said Oil and Gas Lease will be filed, pursuant to R.C. § 5301.332, after thirty days (30) from publication of this notice, unless Lessee, or its successors and assigns, takes prompt action to release or preserve its interest in accordance with Ohio law. The Oil and Gas Lease covers certain real property containing approximately 65 acres of land and described as follows: All that certain tract of land situated in Ravenna Township, Section No. 55, in Portage County, Ohio, bounded substantially as follows: North by lands of Public Rd. East by lands of Vilars. South by lands of Rio Dr. West by lands of Denny, Pirl, Bryan Hervosa. Being all the property owned by Lessor in Section 55 of Ravenna Township, containing 65 acres, more or less. The Oil and Gas Lease will be declared forfeited and void because the Lessee, its heirs, successors and assigns have abandoned and forfeited the Oil and Gas Lease due to the lack of production and the expiration of the term. There are no producing or drilling oil or gas wells on the leased premises. For the foregoing reasons, Lessor intends to file for record an Affidavit of Forfeiture with the county recorder if the Oil and Gas Lease is not released of record within thirty (30) days from publication of this notice. Mar 1, 2019 19-00082 |
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(O.R.C. Sec. 5301.56) RE: Lot 71, Shalersville Township, Portage County, Ohio Dear Sir or Ma'am, You are the Lessee or Assignee of an oil and gas lease dated June 20, 1972 for 77.89 acres in Lot 71, Shalersville Township, Portage County, Ohio, between Charles Pulsford and Howard Sargent, as Lessor and Quaker State Oil Refining Corp., as Lessee. This lease agreement is recorded in Volume 81, Page 545, Lease Records, Portage County Recorder's Office, Ravenna, Ohio and a copy is attached to said notice. The present owner of this property is BK Kotkowski Properties, LLC, an Ohio limited liability company, pursuant to a deed recorded October 29, 2015 as Instrument No. 51517195, Portage County Recorder. This letter will notify you that his lease has been abandoned for the following reason as stated in R.C. 5301.56 (B)(3): Within the twenty years immediately preceding the date on which notice is served or published, NONE of the following has occurred: (a) The mineral interest has been subject of a title transaction that has been filed or recorded in the office of the county recorder of the county in which the lands are located. (b) There has been actual production or withdrawal of minerals by the holder from the lands, from lands covered by a lease to which the mineral interest is subject, from a mine a portion of which is located beneath the lands, or, in the case of oil or gas, from lands pooled, unitized, or included in unit operations; under sections 1509.26 50 1509.28 of the Revised Code in which the mineral interests has been filed or recorded in the officer of the county recorder of the county in which the lands that are subject to the pooling or unitization are located. (c) The mineral interest has been used in underground gas storage operations by the holder. (d) A drilling or mining permit has been issued to the holder, provided that an affidavit that states the name of the permit holder, the permit number, the type of permit and a legal description of the lands affected by the permit has been filed or recorded, in accordance with section 5301.252 of the Revised Code, in the office of the county recorder of the county in which the lands are located. (e) A claim to preserve the mineral interest had been filed in accordance with division (C) of this section. (f) In the case of a separated mineral interest, a separately listed tax parcel number has been created for the mineral interest in the county auditor's tax list and the county treasurer's duplicate tax list in the county in which the lands are located. It is the intention of the Owner to file for record an affidavit of abandonment with the Portage County Recorder at least thirty (30) days and not more than sixty (60) days after service or publication of this notice. BK Kotkowksi Properties, LLC By: Blair K. Kotkowski, Managing Member Jan 15, 2016 16-00015 |
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OIL AND GAS LEASE Charles A. Defer and Deborrah A. Defer, husband and wife being first duly sworn, depose and say: That Charles A. Defer and Deborrah A Defer are the present Owners of the property known as 10529 State Route 700, in the Village of Garrettsville, consisting of 29.077 acres more or less and known as being part of Lot 43 and 48 in Hiram Township, Portage County, Ohio as more particularly described as Parcel 20-048-00-00-001-001 and Parcel 20-048-00-00-001-012, which land is a portion of the land described in an oil and gas lease executed on the 12th day of August, 1977 by Dewey Gatts & Mary Agnes Gatts, husband and wife as lessors, and Pioneer Resources, Inc., as lessee, (Lease) recorded in Vol. 89 Page 618, in the office of the Recorder of said county. That lessee its successors and assigns have paid no royalties to since notification by Owners of transfer to them of their portion of the property covered by said lease, which has expired by its terms including but not limited to the following particulars: there has been no oil or gas produced from any well of lessee, its successors and assigns, on Owner HIGH ASCII Char s premises or on premises with which Owner HIGH ASCII Char s premises has been unitized; after cessation of production under the lease lessee is obligated to resume operations within sixty days to prevent expiration of the lease, which production, if any, has not been resumed, additional drilling is precluded by the terms of the lease without written consent of lessor which has not been given and will not be granted by Owners; and, all rights to undrilled acreage not within a producing forty acre unit are released by the terms of the lease, and that none of the rentals accruing under and by virtue of the terms of said lease have been paid or tendered to affiant or said lessors, or to any bank for their credit, by the lessee, or their agents or assigns, further that the lessee and his assigns had actual notice that Owners received assignment to affiant under said lease and lessee has failed and neglected to comply with the covenants provided for in said Lease. Affiant states that he has not at any time executed any extension of said original lease, and that the same has expired has been forfeited and is void AS TO THE ABOVE DESCRIBED PREMISES AND ONLY AS TO THE ABOVE DESCRIBED PREMISES. Affiant further states that by reason of the noncompliance with the terms of said lease by lessee and his assigns, affiant hereby declares said lease forfeited and will not, by acceptance of rentals, or in any other manner, recognize the same as a valid or existing lease. Pursuant to Ohio Revised Code Sec 5301.332, the undersigned hereby demands that within thirty days (30) of the date of service of this notice you file with the Recorder of Portage County Ohio a release of the Lease as to the premises described in Exhibit HIGH ASCII Char A HIGH ASCII Char attached hereto. Notice is hereby given that if you fail to file such release, the undersigned intends to file an Affidavit of Forfeiture with the Recorder of Portage County, Ohio pursuant to Ohio Revised Code Sec. 5301.332. Affiant further states that notice was served on lessee, Equity Oil and Gas Funds, Inc. by registered mail return receipt requested on January 29, 2013 of the expiration and failure of lessee to comply with covenants of the Lease. Lessor presents this affidavit to the recorder for filing more than sixty days having elapsed since lessors notice as set forth above and within which time no notification to lessor by lessee, his successors or assigns has been given in contradiction of the facts as stated above. Prepared by: Keith C. Ruffner, II, Esq., 209 S. Main St., Suite 701, Akron, Ohio 443058 May 30, 2013 13-00305 |
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Jan 4, 2013 12-00722 |
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Oct 19, 2012 12-00551 |
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NON-COMPLIANCE Karon R. Mooney, Trustee ( HIGH ASCII Char Trustee HIGH ASCII Char ) owns approximately 77.6263 acres of real property in the Township of Copley, Summit County, Ohio, as more particularly described on Exhibit A attached hereto and made a part hereof, and having Permanent Parcel Numbers 33-064-00-00-004-002 ( HIGH ASCII Char Parcel 002 HIGH ASCII Char ) and 33-064-00-00-003-000 ( HIGH ASCII Char Parcel 000 HIGH ASCII Char ) (collectively, the HIGH ASCII Char Property HIGH ASCII Char ). You, as lessees under one or more the following oil and gas leases (collectively, the HIGH ASCII Char Leases HIGH ASCII Char ) are hereby notified that there are no producing wells on the Property, the Leases are forfeited, terminated or have otherwise expired by their terms, Trustee is not now receiving delay rentals or royalties under the Leases, and Trustee would refuse to accept payment of delay rentals or royalties under said Leases if they were offered:. a. Oil and Gas Lease by and between George E. Gill and Myra Gill and Belden & Blake Oil Production, dated December 4, 1955 and recorded in Volume 051, Page 193 of Portage County Records (affects Parcel 002); b. Oil and Gas Lease from Clarence K. Snyder & Lucille H. Marsh Trustees (the HIGH ASCII Char Trustees HIGH ASCII Char ) to United Petroleum Corporation ( HIGH ASCII Char UPC HIGH ASCII Char ), recorded April 24, 1978 in Volume 91, Page 619 of Portage County Records (affects Parcel 000); c. Right of Way Agreement from the Trustees to UPC recorded April 24, 1978 in Volume 952, Page 581 of Portage County Records (affects Parcel 000); d. Agreement by and between UPC and Perkins Drilling Corporation ( HIGH ASCII Char Perkins HIGH ASCII Char ), recorded in Volume 92, Page 151 of Portage County Records, whereby UPC sold and Perkins purchased the leasehold estate under the Lease (affects Parcel 000); e. Assignment of Oil and Gas Leases by UPC to Perkins recorded June 15, 1978 in Volume 92, Page 156 of Portage County Records (affects Parcel 000); f. Oil and Gas Lease from Clarence K. Snyder & Lucille H. Marsh Trustees (the HIGH ASCII Char Trustees HIGH ASCII Char ) to Victor Bates and Associates ( HIGH ASCII Char VBA HIGH ASCII Char ), recorded January 22, 1980 in Volume 98, Page 212 of Portage County Records (affects Parcel 000); and g. Assignment of Overriding Royalty from VBA to Donna J. Mau recorded April 2, 1980, in Volume 99, Page 187 of Portage County Records (affects Parcel 000). Trustee will record in the Portage County Records an Affidavit of Forfeiture thirty (30) days after your receipt of this notice or publication of this notice, whether or not you file a release of record. EXHIBIT A Permanent Parcel No. 33-064-00-00-004-002: Situated in the Township of Shalersville, County of Portage, State of Ohio and known as being part of Lot 63 in Shalersville Township and further described as follows: Beginning at an iron pin in the north line of Webb Road at the southwest corner of Sublot 6 of Arthur's Court Subdivision as recorded in Plat 93-40 in the Portage County Records of Plats; thence S 89 deg. 43' W 125.00 feet along the north line of Webb Road to an iron pipe; thence N 0 deg. 17' W 475.00 feet to an iron pipe; thence S 89 deg. 43' W 160.00 feet to an iron pipe; thence N 0 deg. 17' W 579.04 feet to an iron pipe in the south line of land owned by C.K. Snyder; thence N 87 deg. 29' 37" E 1682.01 feet along Snyder's south line to an iron pipe at the northwest corner of land owned by H. or L. Horner; thence S 0 deg. 59' 01" E 709.36 feet along Horner's west line to an iron pipe; thence S 86 deg. 05' W 1149.27 feet to an iron pin at the northwest corner of Sublot 1 of Arthur's Court Subdivision; thence southeasterly, 89.56 feet along the arc of a curve to the right, said curve having a radius of 530.00 feet, a central angle of 9 deg. 40' 56" and a chord bearing S 5 deg. 07' 28" E for a distance of 89.46 feet to an iron pin; thence S 0 deg. 17' E 223.00 feet to an iron pin; thence southeasterly, 39.27 feet along the arc of a curve to the left, said curve having a radius of 25.00 feet, a central angle of 90 deg. And a chord bearing S 45 deg. 17 E for a distance of 35.36 feet to an iron pin in the north line of Webb Road; thence S 89 deg. 43' W 110.00 feet along the north fine of Webb Road to an iron pin; thence northeasterly, 39.27 feet along the arc of a curve to the left, said curve having a radius of 25.00 feet, a central angle of 90 deg. And a chord bearing N 44 deg. 43' E for a distance of 35.36 feet to an iron pin; thence N 0 deg. 17' W 223.00 feet to an iron pin; thence northwesterly, 191.32 feet along the arc of a curve to the left, said curve having a radius of 470.00 feet, a central angle of 23 deg. 19' 22" and a chord bearing N 11deg. 56' 41" W for a distance of 190.00 feet to an iron pin; thence S 66 deg. 23' 38" W 181.42 feet to an iron pin; thence S 0 deg. 17' E 362.25 feet along the west line of sublot 6 to the beginning. Containing 28.708 acres of land, be the same more or less but subject to all legal highways, as surveyed in January, 1995 by Edward J. Collier, Registered Surveyor No. 7141. EXCEPTING THEREFROM THE FOLLOWING: Situated in the Township of Shalersville, County of Portage, State of Ohio and known as being part of Lot 63 in Shalersville Township and further described as follows: Beginning at an iron rod at the northwest corner of Sublot 6 of Arthur's Court Subdivision as recorded in Plat 93-40 in the Portage County Records; thence S 0 deg. 17' E. 362.25 feet to an iron rod at the southwest corner of Sublot 6 in the North line of Webb Road; Thence S. 89 deg. 43' W. 125.00 feet along the north line of Webb Road to an iron pipe at the southeast corner of land now or formerly owned by R. or J. Hood; Thence N. 0 deg. 17' W. 475.00 feet to an iron pipe at Hood's northeast corner; Thence S. 89 deg. 43' W. 160.00 feet to an iron pipe at Hood's northwest corner in the east line of land now or formerly owned by F. & J. Nida; thence N. 0 deg. 17' W. 579.04 feet to an iron pipe at Nida's northeast corner in the south line of land now or formerly owned by C. K. Snyder; thence N. 87 deg. 29' 37" E. 285.22 feet along Snyder's south line to an iron pipe; thence S. 0 deg. 17' E. 702.85 feet to the beginning. Containing 5.188 acres of land, be the same more or less, but subject to all legal highways, as surveyed in April, 1996 by Edward J. Collier, Registered Surveyor No. 7141. Permanent Parcel No. 33-064-00-00-003-000: Situated in the Township of Shalersville, County of Portage and State of Ohio: And known as being part of Lot 64 of said Township and more fully described as follows: Beginning at a 1 inch pinched pipe found at the centerline intersection of Work Road (60 feet wide) and Infirmary Road (60 feet wide). Also being the Southwesterly corner of said Lot 64, which is the true place of beginning for the parcel of land herein described; Thence North 0 degrees 45' 55" East, along the centerline of said Infirmary Road and the Westerly line of said Lot 64, a distance of 175.85 feet to a point; Thence North 89 degrees 29' 48" East, passing over a 5/8" capped rebar to the set at 30.01 feet, a distance of 545.01 feet to a 5/8" capped rebar (GBC Design, Inc.) to be set; Thence North 00 degrees 45' 55" E. 340 feet; Thence South 89 degrees 29' 48" West, passing over a 5/8" capped rebar (GBC Design, Inc.) to be set at 515.00 feet a distance of 545.01 feet to a point; Thence North 00 degrees 45' 55" East, along the centerline of said Infirmary Road and the Westerly line of said Lot 64, a distance of 60.01 feet to a point; Thence North 89 degrees 29' 48" East, passing over a 5/8" capped rebar (GBC Design, Inc.) to be set at 30.01 feet, a distance of 545.01 feet to a capped rebar (GBC Design, Inc.) to be set; Thence North 00 degrees 45' 55" East, a distance of 510.00 feet to a 5/8" capped rebar (GBC Design, Inc.) to be set; Thence N 89 degrees 29' 48" East, passing over a capped rebar (#7141) found at 29.74 feet, a distance of 2091.00 feet to a point; Thence South 00 degrees 58' 42" West, passing over a capped rebar (#7141) found at 0.24 feet, along the Easterly line of said Lot 64, a distance of 1055.99 feet to a 2" iron pipe found; Thence South 88 degrees 50' 41" West, along the Southerly line of said Lot 64, passing over a capped rebar (#7141) found at 2602.89 feet, a distance of 2632.91 feet to a point, which is the true place of beginning and containing 54.1063 acres of land be the same more or less, but subject to all legal highways. May 17, 2012 12-00232 |
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NOTICE OF FORFEITURE OF OIL AND GAS LEASE OHIO REV. CODE HIGH ASCII Char 5301.332 1. The undersigned, Gregory A. Gary and Darla C. Gary, being duly sworn according to law, deposes and says that they are the current owners of 49.997 acres of real property situated in the Township of Palmyra, County of Portage and State of Ohio, and which is known as vacant land on Tallmadge Road, Diamond, Ohio 44412, being Permanent Parcel No. 26-329-00-00-006-000, and which is more fully described in the deed recorded as Document #200402629, Portage County Official Records and which is incorporated by reference as if fully rewritten herein. 2. The aforesaid land was made subject to the following oil and gas leases: A) between Emil Bilak and Marilyn J. Bilak, husband and wife as Lessors and A. Kirk Roberts as Lessee, dated January 5, 1973 and recorded January 17, 1073 as Volume 82 of Leases, page 493 of the Portage County Recorder. Said lease covered 79.17 acres in the Third Division, Lot #29, Palmyra Township, Portage County, Ohio. i) Said lease was assigned by A. Kirk Roberts by separate instrument dated February 9, 1973 and which was recorded March 12, 1973 as Volume 82 of Leases, page 570 of the Portage County Recorder to the Columbia Gas Transmission Corporation. ii) Said lease was assigned by Columbia Gas Transmission Corporation by separate instrument dated June 23, 1981 and which was recorded July 14, 1981 as Volume 104 of Leases, page 599 of the Portage County Recorder to Noble Oil Corporation. B) between Emil Bilak, divorced and not remarried, as Lessor and Noble Oil Corporation as Lessee, dated February 20, 1983 and recorded March 3, 1983 as Volume 111 of Leases, page 421 of the Portage County Recorder. Said lease covered 52 acres in the Third Division, Lot #29, Palmyra Township, Portage County, Ohio. 3. Affiant says that the leases referred to above has been abandoned by the lessees, their heirs, successors and assigns; that there are no producing wells or drilling oil and gas well or wells on the premises covered by said leases or any premises pooled with said leases; that all of the rights under said leases and all assignments thereof, have been forfeited and are void because the terms thereof have expired and no production is being obtained from the premises and no rents or royalties accruing under or by virtue of said leases have been paid. 4. Affiants further states that by reason of the non-compliance with the terms of said leases by the Lessees and its assigns, affiants hereby declare the above mentioned leases to be forfeited and will not, by acceptance of rentals or royalties, or in any other manner, recognize the same as a valid or existing leases. 5. Pursuant to Ohio Revised Code HIGH ASCII Char 5301.332, the undersigned hereby demands that, within thirty days (30) of the date of service of this notice, you file with the Recorder of Portage County, Ohio 1) a release of the aforesaid lease dated January 5, 1973 and recorded January 17, 1073 as Volume 82 of Leases, page 493 of the Portage County Recorder and 2) a release of the aforesaid lease dated February 20, 1983 and recorded March 3, 1983 as Volume 111 of Leases, page 421 of the Portage County Recorder against the above described real estate. Notice is hereby given that if you fail to file such release, the undersigned intends to file an Affidavit of Forfeiture with the Recorder of Portage County, Ohio pursuant to Ohio Rev. Code HIGH ASCII Char 5301.332. Further, affiant sayeth naught. Jun 27, 2011 11-00332 |