Per Curiam.
Appellant initially contends that R. C. 1311.04 does not impose a duty upon a mortgagee, prior to disbursing funds of a construction loan to the mortgagor, to require affidavits of subcontractors and materialmen indicating the amount of unpaid claims owing to them.
R. C. 1311.04, in pertinent part, provides:
"Whenever any payment of money becomes due from the owner, part owner, or lessee, or whenever the original contractor desires...
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