reglab/housing_qa huggingface dataset:
NE Code § 76-1735 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1735 - Commission; regulation of public-offering statement.

76-1735.  Commission; regulation of public-offering statement.(1) The commission at any time may require a developer to alter or supplement the form or substance of a public-offering statement to assure adequate and accurate disclosure to prospective purchasers.(2) The public-offering statement may not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person shall advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration.(3) No developer or sales agent shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale of time-share intervals, nor make any representation whatsoever that such development has been inspected or approved or otherwise passed upon by the commission or any other state official, department, or employee.Source  Laws 1980, LB 945, § 35.
NE Code § 76-1736 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1736 - Receipt of application; effectiveness of registration.

76-1736.  Receipt of application; effectiveness of registration.(1) Except as provided in subsection (2) of this section, the effective date of the registration, or any amendment thereto, shall be the sixtieth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such amendment was filed.(2) If it appears to the commission that the application for registration, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the commission shall notify the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the sixtieth day after the developer files such additional information as the commission shall require. If the developer fails to provide additional information as required by the commission within ninety days after receiving notice, the commission may deny the application or amendment. Any developer, upon receipt of such notice of suspension may request a hearing, and such hearing shall be held within forty-five days after receipt of such request.(3) If an application or amendment is denied by the commission, the developer shall submit a new application for registration or amendment and any filing fees pursuant to section 76-1734.Source   Laws 1980, LB 945, § 36;  Laws 2001, LB 68, § 17.
NE Code § 76-1737 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1737 - Developer; amend or supplement registration.

76-1737.  Developer; amend or supplement registration.A developer shall amend or supplement its registration to report any material change in the information required by section 76-1734.Source  Laws 1980, LB 945, § 37.
NE Code § 76-1737.01 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1737.01 - Developer; time-share interval; duties; violation.

76-1737.01.  Developer; time-share interval; duties; violation.Notwithstanding any obligations placed upon other persons pursuant to the Nebraska Time-Share Act, the developer shall supervise, manage, and control all aspects of the offering of a time-share interval, including, but not limited to, promotion, advertising, contracting, and closing. Any violation of this section which occurs during such offering shall be a violation by the developer as well as by the person actually committing such violation.Source Laws 2001, LB 68, § 19.
NE Code § 76-1738 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1738 - Registration; exemptions; exception.

76-1738.  Registration; exemptions; exception.No registration with the commission shall be required in the case of:(1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent;(2) Any disposition pursuant to court order;(3) A disposition by a government or governmental agency;(4) A disposition by foreclosure or deed in lieu of foreclosure;(5) A disposition of a time-share interval in a time-share project situated wholly outside this state if all solicitations, negotiations, offerings, and contacts took place wholly outside this state and the contract was executed wholly outside this state;(6) A gratuitous transfer of a time-share interval;(7) Group reservations made for fifteen or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance; or(8) Any offering, other than through an individual while located in this state, of a time-share interval for a time-share project situated wholly outside this state if the offer states that the time-share interval is in compliance with the law of the jurisdiction in which the time-share interval is located.A reservation pursuant to section 76-1727 may be taken as a result of an exempt offering if the time-share program is registered prior to entering into any binding agreement with a purchaser, unless otherwise provided by the Nebraska Time-Share Act. For the purposes of subdivision (5) of this section and the act, an exempt offer is an offering.Source   Laws 1980, LB 945, § 38;  Laws 2001, LB 68, § 18.
NE Code § 76-1739 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1739 - Financing of time-share programs; records; requirements.

76-1739.  Financing of time-share programs; records; requirements.In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.Source  Laws 1980, LB 945, § 39.
NE Code § 76-1740 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1740 - Rights under foreclosure.

76-1740.  Rights under foreclosure.The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien as the time-share intervals are sold. In the alternative, the developer may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by (1) posting a bond, equal to fifty percent of the amount owed to the lienholder, (2) making an assignment of receivables equal to one hundred twenty-five percent of the principal amounts due from purchasers, (3) pledging collateral security equal to one hundred percent of the amount owed to the lienholder, or (4) entering into any other financing plan or escrow agreement acceptable to the lienholder.Source  Laws 1980, LB 945, § 40.
NE Code § 76-1741 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1741 - Lienholder; rights.

76-1741.  Lienholder; rights.The lienholder in any time-share program shall have the following rights:(1) A lienholder shall have his or her lien rights preserved as against any purchaser of time-share intervals claiming that the time-share instrument is invalid, void, or voidable thirty days after written notice by certified mail or personal delivery has been given by the developer to the purchaser. Such notice shall state that developer has assigned the receivables to the lienholder and that purchaser has thirty days within which to object and specify the invalidity or defect contained within such instrument; and(2) Any purchaser who fails to indicate the invalidity, void, or voidableness as provided in subdivision (1) of this section waives or is estopped to raise the issue in any subsequent action for enforcement of the collection of the receivable by the lienholder.Source  Laws 1980, LB 945, § 41.
NE Code § 76-1901 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1901 - Act, how cited.

76-1901.  Act, how cited.Sections 76-1901 to 76-1916 shall be known and may be cited as the Farm Homestead Protection Act.Source  Laws 1986, Third Spec. Sess., LB 3, § 1.
NE Code § 76-1903 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1903 - Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.

76-1903.  Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.(1) In any action for the foreclosure of a mortgage upon protected real estate, if the mortgaged premises are used in farming operations carried on by the mortgagor, the mortgagee shall, before the commencement of such action, send to the mortgagor written notice of right to cure.(2) The notice of right to cure shall set forth:(a) A statement identifying the mortgage instrument by stating the name of the mortgagor named therein and giving the book and page or computer system reference where the same is recorded, a brief description of the mortgaged premises, and a statement that a breach of an obligation contained in or secured by the mortgage has occurred, setting forth the nature of such breach and of the mortgagee's election to enforce the mortgage against the mortgaged premises;(b) A statement that the mortgagor, his or her successor in interest in the mortgaged premises or any part thereof, or any other person having a subordinate lien or encumbrance of record thereon may, at any time within two months of the sending of the notice of right to cure, render to the mortgagee or his or her successor in interest full performance and payment of the entire amount then due under the terms of the mortgage and the obligation secured thereby, including costs and expenses actually incurred in enforcing the terms of such obligation and mortgage, including reasonable attorney's fees not exceeding one-half of one percent of the unpaid principal balance then due, and any reinstatement fee provided for under the terms of the mortgage or the obligation thereby secured, other than such portion of the principal as would not then be due had no default occurred, and thereby cure the default previously existing;(c) A statement of the amount of the entire unpaid principal sum secured by the mortgage, the amount of interest accrued thereon to and including the date of notice, and the dollar amount of the per diem interest accruing from and after such date; and(d) A statement of the amount of the unpaid principal which would not then be due had no default occurred.(3) A copy of the notice of right to cure sent to the mortgagor shall be appended as an exhibit to the foreclosure petition filed with the court. The right to cure provided by this section shall expire two months from the date the notice of right to cure is sent to the mortgagor.(4) If the default is cured prior to the expiration of the two-month period, any action previously commenced shall be dismissed and the mortgage and the obligation thereby secured shall be reinstated and shall be and remain in force and effect the same as if no default or acceleration had occurred.Source  Laws 1986, Third Spec. Sess., LB 3, § 3.
NE Code § 76-1905 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1905 - Priority of liens.

76-1905.  Priority of liens.For so long as any mortgage or trust deed described in section 76-1904 remains a lien upon the real estate, the designation of homestead, the reservation of the right to make a designation of homestead, or a waiver or disclaimer of the right to make a designation of homestead made in accordance with section 76-1904 shall be binding upon the parties to such instrument and their successors in interest and upon any other interest in the real estate which is junior in priority to the priority of the lien created by such mortgage or trust deed. Except as provided in sections 76-1912 and 76-1913, no designation of homestead shall have any force or effect if any mortgage or trust deed executed or a judgment rendered prior to November 21, 1986, remains a lien upon the real estate and is senior in priority to the instrument in which a designation of homestead, reservation of the right to make a designation of homestead, or a waiver or disclaimer of the right to make a designation of homestead is made.Source  Laws 1986, Third Spec. Sess., LB 3, § 5.
NE Code § 76-1906 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1906 - Redemption of redemptive homestead; when allowed.

76-1906.  Redemption of redemptive homestead; when allowed.(1) In an action against protected real estate for the foreclosure of any mortgage or trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with section 76-1905, if any part of the homestead of the mortgagor or trustor is included in a decree directing a sale of the mortgaged premises or trust property, the mortgagor or trustor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the mortgagor or trustor and filed in the foreclosure action not later than twenty days after entry of the decree of foreclosure.(2) In any proceeding against protected real estate involving the exercise of a power of sale by a trustee under a trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with section 76-1905, if any part of the homestead of the trustor is included in the notice of default filed in accordance with section 76-1006, the trustor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the trustor and filed in the district court of the county where the trust property is located not later than two months following recordation of the notice of default.(3) If protected real estate of a judgment debtor is subject to the lien of a judgment entered on or after November 21, 1986, and if no waiver or disclaimer of the right to make a designation of homestead is binding in accordance with section 76-1905, the judgment debtor may request redemption of his or her redemptive homestead. Such request shall be made in a petition signed and sworn to by the judgment debtor and filed in the district court of the county where the redemptive homestead is located not later than the date of the last publication of the notice required by section 25-1529.Source   Laws 1986, Third Spec. Sess., LB 3, § 6;  Laws 1999, LB 43, § 27.
NE Code § 76-1907 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1907 - Petition; contents.

76-1907.  Petition; contents.A petition filed pursuant to section 76-1906 shall:(1) Set forth a designation of the homestead which shall, with respect to the redemptive homestead, be limited by the boundaries of any designation made pursuant to section 76-1904 in any mortgage or trust deed having priority under section 76-1905; and(2) Include a written appraisal report prepared and signed by a credentialed real property appraiser setting forth the appraiser's opinion of value and basis for such opinion of the current market value of each of the following: (a) The protected real estate as a whole; (b) the redemptive homestead if sold separately from the balance of the protected real estate; and (c) the balance of the protected real estate if sold separately from the redemptive homestead.Source   Laws 1986, Third Spec. Sess., LB 3, § 7;   Laws 1990, LB 1153, § 60;   Laws 1991, LB 203, § 5;   Laws 1994, LB 1107, § 5;  Laws 2006, LB 778, § 9.
NE Code § 76-1908 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1908 - Confirmation of redemption.

76-1908.  Confirmation of redemption.If after trial as an action in equity the court finds: (1) That the petition provided for in section 76-1906 is filed in good faith and not for delay; (2) that the statements contained in the petition are true; and (3) that the requested redemption will not unreasonably affect the market value of the protected real estate exclusive of the redemptive homestead, then the court shall confirm the redemption.Source   Laws 1986, Third Spec. Sess., LB 3, § 8;  Laws 2006, LB 778, § 10.
NE Code § 76-1909 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1909 - Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.

76-1909.  Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.(1) Except as provided in subsection (2) of this section, an order confirming a requested homestead redemption shall direct the petitioner to pay into the court not later than ten days from the entry of such order a cash amount equal to the current market value of the redemptive homestead as found and determined by the court in its confirmation order. If the petitioner fails to make such payment, the court shall, upon its own motion or the motion of any party to the action, vacate the confirmation order, and all of the protected real estate shall then be subject to sale as provided by law, free of any redemptive or other right of the petitioner otherwise existing under the Farm Homestead Protection Act. The filing of a petition requesting redemption on the basis of the payment of a cash amount equal to the current market value of the redemptive homestead shall not constitute a waiver of any stay in effect or available to the petitioner under section 25-1506.(2) Redemption based upon the petitioner's equity in the protected real estate shall be permitted when requested in the prayer of the petition and when the court specifically finds and determines in its confirmation order that the sum of all liens upon the protected real estate is equal to eighty-five percent or less of the current market value of that portion of the protected real estate exclusive of the redemptive homestead. If the court finds that the petitioner has sufficient equity as required by this subsection, the payment otherwise required by subsection (1) of this section shall be waived by the court in its order confirming the redemption. The filing of a petition requesting redemption on the basis of the petitioner's equity in the protected real estate as provided in this subsection shall constitute a waiver of any stay in effect or available to the petitioner under section 25-1506.Source   Laws 1986, Third Spec. Sess., LB 3, § 9;  Laws 2006, LB 778, § 11.
NE Code § 76-1910 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1910 - Filing of petition; effect; petitioner's rights.

76-1910.  Filing of petition; effect; petitioner's rights.(1) The filing of a petition as provided in section 76-1906 shall not delay or preclude the holder of a mortgage, trust deed, or judgment lien, referred to in such section, from causing a sale as otherwise permitted by law of that portion of the protected real estate exclusive of the redemptive homestead described in the petition.(2) Upon (a) payment of the market value of the redemptive homestead as provided in subsection (1) of section 76-1909 or (b) confirmation of a requested redemption on the basis of the petitioner's equity in the protected real estate pursuant to subsection (2) of section 76-1909, the petitioner shall be entitled to retain his or her interest in the redemptive homestead free of the lien of the mortgage or trust deed or the judgment lien, against which the petition for redemption was filed, and free of any other lien held therein by any party to the action.Source   Laws 1986, Third Spec. Sess., LB 3, § 10;  Laws 2006, LB 778, § 12.
NE Code § 76-1911 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1911 - Prior lien; validity.

76-1911.  Prior lien; validity.No action on any petition filed in accordance with section 76-1906 nor any order of confirmation entered thereon shall at any time affect or impair any prior lien upon agricultural land under any mortgage or trust deed executed or judgment rendered prior to November 21, 1986, and no redemptive right created by the Farm Homestead Protection Act shall exist with respect to any such mortgage, trust deed, or judgment.Source  Laws 1986, Third Spec. Sess., LB 3, § 11.
NE Code § 76-1912 (2021)
2021 Nebraska Revised Statutes|Chapter 76 - Real Property|76-1912 - Mortgage foreclosure; two sales; procedure.

76-1912.  Mortgage foreclosure; two sales; procedure.(1) In an action for the foreclosure of a mortgage upon agricultural land which was recorded prior to November 21, 1986, or a mortgage recorded on or after November 21, 1986, in which the right to designate a homestead has been waived or disclaimed pursuant to section 76-1904, if any part of the homestead of the mortgagor is included in a decree directing a sale of the mortgaged premises, upon request of the mortgagor, the mortgaged premises shall be offered in separate sales. The first sale shall be en masse and, immediately thereafter, at the same location, the premises shall again be sold. At the second sale, the mortgaged premises shall be sold in two separate parcels with the homestead designated in the mortgagor's request being the last parcel to be sold. The sheriff or other person authorized by the court to sell the mortgaged premises shall make return of both sales. The court shall confirm, subject to the provisions of section 25-1531, the sale upon which the greater amount is realized, except that if in the second sale by parcels the mortgagor bids for his or her designated homestead, and if, by virtue of the price bid by the mortgagor for such homestead, the aggregate amount realized in the second sale equals or exceeds the amount realized from the first sale en masse or the amount of the decree, whichever is less, then the court shall confirm the sale by parcels and the mortgagor shall be the purchaser of his or her designated homestead.(2) The mortgagor's request shall be signed and acknowledged by the mortgagor and filed with the clerk of the court within twenty days after entry of the decree of foreclosure.(3) The mortgagor's request shall include his or her designation of homestead.Source   Laws 1986, Third Spec. Sess., LB 3, § 12;  Laws 1999, LB 43, § 28.