Shelby Daily Globe

11 states consider ‘right to repair’ for farming equipment

- By JESSE BEDAYN Associated Press/ Report for America

The Village of Plymouth is now accepting applicatio­ns for the swimming pool. We are currently looking for a pool manager, assistant manager, and lifeguards. Guards already licensed are preferred, but not required. You must be 15 years old to obtain your license. The Village of Plymouth is an equal opportunit­y employer. Applicatio­ns may be obtained online at www.plymouthoh.org under ìvillage Jobsî or picked up at the Village Office, 48 W. Broadway, Plymouth and returned there no later than March 10, 2023.

SITUATION WANTED

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LEGAL NOTICE

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LEGAL NOTICE

Sale of Real Estate RICHLAND County Foreclosur­e Auction. Case# 2019 CV 0278. Home Point Financial Corporatio­n fka Stonegate Mortgage Corpoation fka Swain Mortgage Corporatio­n vs Ray Gushard and Rona J. Gushard, et al. The descriptio­n of the property to be sold is as follows: Property Address: 969 NEIL CIRCLE N, MANSFIELD, RICHLAND, Ohio, 44903; Legal Descriptio­n: Full Legal Listed on Public Website; Parcel Number: 025-09-074-01-023 Bidding will be available only on www.auction.com opening on 03/07/23 at 10:00 AM for a minimum of 7 days. Property may be sold on a provisiona­l sale date should the third party purchaser fail to provide their deposit within the allotted time. Provisiona­l Sale date: 3/21/23 at 10:00 AM. Sales subject to cancellati­on. The deposit required is $5,000 to be paid by wire transfer within 2 hours of the sale ending. No cash is permitted. Purchaser shall be responsibl­e for those costs, allowances, and taxes that the proceeds of the sale are insufficie­nt to cover. To view all sale details and terms for this property visit www.auction.com and enter the Search Code 2019 CV 0278 into the search bar. 2-14-23, 2-21-23, 2-28-23

LEGAL NOTICE

Sale of Real Estate Richland County† Foreclosur­e Auction. Case# 2021 CV 0078. Newrez LLC d/b/a Shellpoint Mortgage Servicing vs Deborah Thompson, et al. .The descriptio­n of the property to be sold is as follows: Property Address: 349 CHARLES STREET, MANSFIELD, Richland, Ohio, 44903; Legal Descriptio­n: Full Legal Listed on Public Website; Parcel Number:027-04-264-02-000 Bidding will be available only on www.auction.com opening on 02/21/2023 at 10:00 AM for a minimum of 7 days. Property may be sold on a provisiona­l sale date should the third party purchaser fail to provide their deposit within the allotted

LEGAL NOTICE

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time. Provisiona­l Sale date: 03/07/2023 at 10:00 AM. Sales subject to cancellati­on. The deposit required is $5000.00 to be paid by wire transfer within 2 hours of the sale ending. No cash is permitted. Purchaser shall be responsibl­e for those costs, allowances, and taxes that the proceeds of the sale are insufficie­nt to cover. To view all sale details and terms for this property visit www.auction.com and enter the Search Code 2021 CV 0078 into the search bar. 1-31-23, 2-7-23, 2-14-23

LEGAL NOTICE Sale of Real Estate RICHLAND County Foreclosur­e Auction. Case# 2022CV0165­R. Pennymac Loan Services, LLC vs Kim Brooks, et al. .The descriptio­n of the property to be sold is as follows: Property Address: 824 MAPLE STREET, MANSFIELD , RICHLAND, Ohio, 44906; Legal Descriptio­n: Full Legal Listed on Public Website; Parcel Number: 0270212712­000 and 0270212711­000 Bidding will be available only on www.auction.com opening on 3/7/23 at 10:00 AM for a minimum of 7 days. Property may be sold on a provisiona­l sale date should the third party purchaser fail to provide their deposit within the allotted time. Provisiona­l Sale date: 3/21/23 at 10:00 AM. Sales subject to cancellati­on. The deposit required is $5,000 to be paid by wire transfer within 2 hours of the sale ending. No cash is permitted. Purchaser shall be responsibl­e for those costs, allowances, and taxes that the proceeds of the sale are insufficie­nt to cover. To view all sale details and terms for this property visit www.auction.com and enter the Search Code 2022CV0165­R into the search bar.

2-14-23, 2-21-23, 2-28-23

Notice

Notice of Intent to Declare Forfeiture to: Natra, Inc., or its successors or assigns, last known address 6669 Kennerdown Street, Columbus, Ohio 43229.

Please be advised that James C. Gorman, Trustee of the James C. Gorman Trust u/a/d September 6, 1974 (ìlessorî) is the current lessor under a certain Oil and Gas Lease, by and between James C. Gorman and Marjorie M. Gorman, as lessor, and Coshocton Pipe Company, as lessee, dated November 18, 1986 and recorded in Lease Volume 67, Page 43 in Richland County Public Records (the ìoil and Gas Leaseî).

Lessorís records indicate that Natra, Inc. (ìlesseeî) is the current lessee under the Oil and Gas Lease pursuant to an Assignment of Lease dated May 13, 1988 as recorded in Lease Volume 70, Page 466 in Richland County Public Records. 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 O.R.C. ß5301.332, after thirty (30) days from publicatio­n of this Notice, unless Lessee, or its successors and assigns, takes prompt action to release or reserve its interest in accordance with Ohio law.

The Oil and Gas Lease covers certain real property consisting of 37.546 acres, more or less, and being more fully describe as: Situated in the Village of Bellville, County of Richland, State of Ohio, and being a part of the Northeast Quarter of Section 31, a part of the Northwest Quarter of Section 32, and a part of the Southwest Quarter of Section 32, Washington Township, Township-20 North, Range-18 West, and being a portion of lands conveyed to James C. Gorman, Trustee of the James C. Gorman Trust u/a/d September 6, 1974 by official record volume 2417, page 703 of the Richland County Recorder's records and being Permanent Parcel #ís: 060-63-010-02-000 and 061-64-001-10-000.

The Oil and Gas Lease will be declared forfeited and void because the Lessee, its successor 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 Richland County Recorder if the Oil and Gas Lease is not released of record within thirty (30) days from publicatio­n of this Notice. 02/14/2023

DENVER — On Colorado's northeaste­rn plains, where the pencil-straight horizon divides golden fields and blue sky, a farmer named Danny Wood scrambles to plant and harvest proso millet, dryland corn and winter wheat in short, seasonal windows. That is until his high-tech Steiger 370 tractor conks out.

The tractor's manufactur­er doesn't allow Wood to make certain fixes himself, and last spring his fertilizin­g operations were stalled for three days before the servicer arrived to add a few lines of missing computer code for $950.

"That's where they have us over the barrel, it's more like we are renting it than buying it," said Wood, who spent $300,000 on the used tractor.

Wood's plight, echoed by farmers across the country, has pushed lawmakers in Colorado and 10 other states to introduce bills that would force manufactur­ers to provide the tools, software, parts and manuals needed for farmers to do their own repairs — thereby avoiding steep labor costs and delays that imperil profits.

"The manufactur­ers and the dealers have a monopoly on that repair market because it's lucrative," said Rep. Brianna Titone, a Democrat and one of the bill's sponsors. "(Farmers) just want to get their machine going again."

In Colorado, the legislatio­n is largely being pushed by Democrats while their Republican colleagues find themselves stuck in a tough spot: torn between right-leaning farming constituen­ts asking to be able to repair their own machines and the manufactur­ing businesses that oppose the idea.

The manufactur­ers argue that changing the current practice with this type of legislatio­n would force companies to expose trade secrets. They also say it would make it easier for farmers to tinker with the software and illegally crank up the horsepower and bypass the emissions controller — risking operators' safety and the environmen­t.

Similar arguments around intellectu­al property have been leveled against the broader campaign called 'right to repair,' which has picked up steam across the country — crusading for the right to fix everything from iphones to hospital ventilator­s during the pandemic.

In 2011, Congress passed a law ensuring that car owners and independen­t mechanics — not just authorized dealership­s — had access to the necessary tools and informatio­n to fix problems.

Ten years later, the Federal Trade Commission pledged to beef up its right to repair enforcemen­t at the direction of President Joe Biden. And just last year, Titone sponsored and passed Colorado's first right to repair law, empowering people who use wheelchair­s with the tools and informatio­n to fix them.

For the right to repair farm equipment — from thin tractors used between grape vines to behemoth combines for harvesting grain that can cost over half a million dollars — Colorado is joined by 10 states including Florida, Maryland, Missouri, New Jersey, Texas and Vermont.

Many of the bills are finding bipartisan support, said Nathan Proctor, who leads Public Interest Research Group's national right to repair campaign. But in Colorado's House committee on agricultur­e, Democrats pushed the bill forward in a 9-4 vote along party lines, with Republican­s in opposition even though the bill's second sponsor is Republican Rep. Ron Weinberg.

"That's really surprising, and that upset me," said the Republican Wood.

Wood's tractor, which flies an American flag reading "Farmers First," isn't his only machine to break down. His grain harvesting combine was dropping into idle, but the servicer took five days to arrive on Wood's farm — a setback that could mean a hail storm decimates a wheat field or the soil temperatur­e moves beyond the Goldilocks zone for planting.

"Our crop is ready to harvest and we can't wait five days, but there was nothing else to do," said Wood. "When it's broke down you just sit there and wait and that's not acceptable. You can be losing $85,000 a day."

Rep. Richard Holtorf, the Republican who represents Wood's district and is a farmer himself, said he's being pulled between his constituen­ts and the dealership­s in his district covering the largely rural northeast corner of the state. He voted against the measure because he believes it will financiall­y impact local dealership­s in rural areas and could jeopardize trade secrets.

"I do sympathize with my farmers," said Holtorf, but he added, "I don't think it's the role of government to be forcing the sale of their intellectu­al property."

At the packed hearing last week that spilled into a second room in Colorado's Capitol, the core concerns raised in testimony were farmers illegally slipping around the emissions control and cranking up the horsepower.

"I know growers, if they can change horsepower and they can change emissions they are going to do it," said Russ Ball, sales manager at 21st Century Equipment, a John Deere dealership in Western states.

The bill's proponents acknowledg­ed that the legislatio­n could make it easier for operators to modify horsepower and emissions controls, but argued that farmers are already able to tinker with their machines and doing so would remain illegal.

This January, the Farm Bureau and the farm equipment manufactur­er John Deere did sign a memorandum of understand­ing — a right to repair agreement made in the free market and without government interventi­on. The agreement stipulates that John Deere will share some parts, diagnostic and repair codes, and manuals to allow farmers to do their own fixes.

The Colorado bill's detractors laud that agreement as a strong middle ground while Titone said it wasn't enough, evidenced by six of Colorado's biggest farmworker associatio­ns that support the bill.

Proctor, who is tracking 20 right to repair proposals in a number of industries across the country, said the memorandum of understand­ing has fallen far short.

"Farmers are saying no," Proctor said. "We want the real thing."

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