Section 20. Discharge of lien after notice of lien filed by payment of money into court  


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  • A  lien  specified  in this article, other than a lien for
      performing labor or furnishing materials for a public  improvement,  may
      be  discharged  after  the notice of lien is filed at any time before an
      action is commenced to foreclose  such  lien,  by  depositing  with  the
      county  clerk,  in  whose  office  the notice of lien is filed, a sum of
      money equal to the amount claimed in such notice, with interest  to  the
      time  of  such  deposit.  After  such  deposit  is  made and the lien is
      discharged the county treasurer or any other officer with whom the money
      is deposited shall, within ten days thereafter, send a notice by mail to
      the lienor, at the address given in the lien, that such  lien  has  been
      discharged  by  deposit. After action to foreclose the lien is commenced
      it may be discharged by a payment into court of such sum of  money,  as,
      in  the  judgment  of  the court or a judge or justice thereof, after at
      least five days' notice to all  the  parties  to  the  action,  will  be
      sufficient  to  pay  any judgment which may be recovered in such action.
      Upon any such payment, the county clerk shall forthwith enter  upon  the
      lien  docket and against the lien for the discharge of which such moneys
      were paid, the words "discharged by payment. " A deposit of  money  made
      as  prescribed  in  this section shall be repaid to the party making the
      deposit, or his successor, upon the discharge of the liens  against  the
      property pursuant to law. All deposits of money made as provided in this
      section  shall  be considered as paid into court and shall be subject to
      the provisions of law relative to the payment of money  into  court  and
      the  surrender  of  such  money  by order of the court. An order for the
      surrender of such moneys to the lienor or depositor may be made  by  any
      court  of  record  having  jurisdiction  of the parties. If no action is
      brought in a court of record to enforce such lien,  such  order  may  be
      made by any judge of a court of record. If application for such order is
      made  by  lienor  it shall be on notice to the depositor; if made by the
      depositor then on notice to the lienor.