(d) If the mobile home is not removed from the landlord's land on behalf of
the mobile home owner within the time permitted by the writ of restitution, then the
landlord and the sheriff shall have the right to take possession of the mobile home
for the purposes of removal and storage. The liability of the landlord and the sheriff
in such event shall be limited to gross negligence or willful and wanton disregard of
the property rights of the home owner. The responsibility to prevent freezing and to
prevent wind and weather damage to the mobile home lies exclusively with those
persons who have a property interest in the mobile home; except that the landlord
may take appropriate action to prevent freezing, to prevent wind and weather
damage, and to prevent damage caused by vandals.
(e) Reasonable removal and storage charges and the costs associated with
preventing damage caused by wind, weather, or vandals can be paid by any party in
interest. Those charges will run with the mobile home, and whoever ultimately
claims the mobile home will owe that sum to the person who paid it.
(2) (a) Prior to the issuance of said writ of restitution, the court shall make a
finding of fact based upon evidence or statements of counsel that there is or is not
a security agreement on the mobile home being subjected to the writ of restitution.
A written statement on the mobile home owner's application for tenancy with the
landlord that there is no security agreement on the mobile home shall be prima
facie evidence of the nonexistence of such security agreement.