reglab/housing_qa huggingface dataset:
NE Code § 36-409 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-409 - Agent; authority to subscribe.

36-409.  Agent; authority to subscribe.Every instrument required by any of the provisions of sections 36-103 to 36-106, 36-202, and 36-402 to 36-409 to be subscribed by any party, may be subscribed by his agent thereunto authorized by writing.Source   R.S.1866, c. 43, § 84, p. 297;   R.S.1913, § 2650;   C.S.1922, § 2560;   C.S.1929, § 36-408;   R.S.1943, § 36-409;   Laws 1971, LB 15, § 2. Annotations  1. Authority of agent to sign 2. Sufficiency of writing 3. Miscellaneous 1. Authority of agent to sign A listing of property for sale is merely an employment contract and if the parties intend that the agent shall have authority to sign a sales contract it should be expressly and clearly stated in writing. Brezina v. Hill, 195 Neb. 481, 238 N.W.2d 903 (1976). Telegram stating terms at which principal will sell is insufficient as written authority to sell land. Shelby v. Platte Valley Public Power and Irr. Dist., 134 Neb. 354, 278 N.W. 568 (1938). A sale of real property is binding upon the owner when subscribed by his agent who has been authorized in writing by the owner to enter into the contract. Seberger v. Wood, 106 Neb. 272, 183 N.W. 363 (1921). Letter stating terms at which principal will sell is insufficient. Ross v. Craven, 84 Neb. 520, 121 N.W. 451 (1909). Contract for sale of lands signed by agent for principal is void unless agent is authorized in writing. Miller v. Wehrman, 81 Neb. 388, 115 N.W. 1078 (1908); Frahm v. Metcalf, 75 Neb. 241, 106 N.W. 227 (1905); O'Shea v. Rice, 49 Neb. 893, 69 N.W. 308 (1896); Morgan v. Bergen, 3 Neb. 209 (1874). Purchaser is charged with notice of contents of writing authorizing agent to sell. Miller v. Wehrman, 81 Neb. 388, 115 N.W. 1078 (1908). Contract signed by agent for principal, not authorized, may be ratified in writing. Lutjeharms v. Smith, 76 Neb. 260, 107 N.W. 256 (1906). Where contract is executed in presence of principal, agent's authority need not be written. Bigler v. Baker, 40 Neb. 325, 58 N.W. 1026 (1894). 2. Sufficiency of writing Letter, You may go ahead and close deal, is sufficient. Furse v. Lambert, 85 Neb. 739, 124 N.W. 146 (1910). Letter to agent I still have and would sell for $3,000 cash, etc., is sufficient. Weaver v. Snively, 73 Neb. 35, 102 N.W. 77 (1905). 3. Miscellaneous Written promise to answer for debt of another is void as to person whose name is subscribed thereto by one not authorized by writing. Massachusetts Bonding & Ins. Co. v. Nichols, 117 Neb. 93, 219 N.W. 837 (1928). Contract in agent's name does not bind principal though described as agent of principal. Fowler v. McKay, 88 Neb. 387, 129 N.W. 551 (1911). Agent may contract for purchase of land for principal without written authority. Johnson v. Hayward, 74 Neb. 157, 103 N.W. 1058 (1905), aff'd on rehearing, 74 Neb. 166, 107 N.W. 384 (1905); Morrow v. Jones, 41 Neb. 867, 60 N.W. 369 (1894). A married woman may mortgage her real estate through an attorney in fact. Linton v. National Life Ins. Co., 104 F. 584 (8th Cir. 1900).
NE Code § 36-801 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-801 - Short title.

36-801.  Short title.Sections 36-801 to 36-815 shall be known and may be cited as the Uniform Voidable Transactions Act.Source Laws 2019, LB70, § 1. Annotations  1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712) A person seeking to set aside a transfer under the Uniform Fraudulent Transfer Act must first prove that he or she is a "creditor" and that the party against whom relief is sought is a "debtor." Reed v. Reed, 275 Neb. 418, 747 N.W.2d 18 (2008). An appeal of a district court’s determination that a transfer of an asset was not in violation of the Uniform Fraudulent Transfer Act is equitable in nature. Parker v. Parker, 268 Neb. 187, 681 N.W.2d 735 (2004). A renunciation properly effected pursuant to section 30-2352 and prior to distribution is not a transfer and therefore not a fraudulent transfer under the Uniform Fraudulent Transfer Act. Essen v. Gilmore, 259 Neb. 55, 607 N.W.2d 829 (2000). An appeal of a district court's determination that transfers of assets were in violation of the Uniform Fraudulent Transfer Act is equitable in nature. In an action seeking to set aside a fraudulent transfer, the burden of proof is on a creditor to prove, by clear and convincing evidence, that fraud existed in a questioned transaction. Eli's, Inc. v. Lemen, 256 Neb. 515, 591 N.W.2d 543 (1999). An action seeking to declare a transfer fraudulent as to a creditor invokes equity jurisdiction of a court. In an action seeking to set aside a fraudulent transfer, the burden of proof is on a creditor to prove, by clear and convincing evidence, that fraud existed in a questioned transaction. Dillon Tire, Inc. v. Fifer, 256 Neb. 147, 589 N.W.2d 137 (1999). An action which arose prior to the August 25, 1989, effective date of the Uniform Fraudulent Transfer Act is governed by the previous act, the Uniform Fraudulent Conveyance Act. Holthaus v. Parsons, 238 Neb. 223, 469 N.W.2d 536 (1991).
NE Code § 36-803 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-803 - Insolvency.

36-803.  Insolvency.(a) A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.(b) A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.(c) Assets under this section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under the Uniform Voidable Transactions Act.(d) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.Source Laws 2019, LB70, § 3.
NE Code § 36-804 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-804 - Value.

36-804.  Value.(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.(b) For the purposes of subdivision (a)(2) of section 36-805 and section 36-806, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.Source Laws 2019, LB70, § 4.
NE Code § 36-805 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-805 - Transfer or obligation voidable as to present or future creditor.

36-805.  Transfer or obligation voidable as to present or future creditor.(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.(b) In determining actual intent under subdivision (a)(1) of this section, consideration may be given, among other factors, to whether:(1) the transfer or obligation was to an insider;(2) the debtor retained possession or control of the property transferred after the transfer;(3) the transfer or obligation was disclosed or concealed;(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;(5) the transfer was of substantially all the debtor's assets;(6) the debtor absconded;(7) the debtor removed or concealed assets;(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.(c) A creditor making a claim for relief under subsection (a) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.Source Laws 2019, LB70, § 5.
NE Code § 36-806 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-806 - Transfer or obligation voidable as to present creditor.

36-806.  Transfer or obligation voidable as to present creditor.(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.(c) Subject to subsection (b) of section 36-803, a creditor making a claim for relief under subsection (a) or (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.Source Laws 2019, LB70, § 6.
NE Code § 36-807 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-807 - When transfer is made or obligation is incurred.

36-807.  When transfer is made or obligation is incurred.For the purposes of the Uniform Voidable Transactions Act:(1) a transfer is made:(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under the Uniform Voidable Transactions Act that is superior to the interest of the transferee;(2) if applicable law permits the transfer to be perfected as provided in subdivision (1) of this section and the transfer is not so perfected before the commencement of an action for relief under the act, the transfer is deemed made immediately before the commencement of the action;(3) if applicable law does not permit the transfer to be perfected as provided in subdivision (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;(4) a transfer is not made until the debtor has acquired rights in the asset transferred; and(5) an obligation is incurred:(i) if oral, when it becomes effective between the parties; or(ii) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.Source Laws 2019, LB70, § 7.
NE Code § 36-808 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-808 - Remedies of creditor.

36-808.  Remedies of creditor.(a) In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in section 36-809, may obtain:(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or(iii) any other relief the circumstances may require.(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.Source Laws 2019, LB70, § 8. Annotations  1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712) Pursuant to subdivision (a)(1) of section 36-708, the Uniform Fraudulent Transfer Act requires some nexus between the claim upon which an individual's creditor status depends and the purpose for which that individual seeks to set aside a fraudulent transfer. Reed v. Reed, 275 Neb. 418, 747 N.W.2d 18 (2008).
NE Code § 36-810 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-810 - Extinguishment of claim for relief.

36-810.  Extinguishment of claim for relief.A claim for relief with respect to a transfer or obligation under the Uniform Voidable Transactions Act is extinguished unless action is brought:(1) under subdivision (a)(1) of section 36-805, not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant;(2) under subdivision (a)(2) of section 36-805 or subsection (a) of section 36-806, not later than four years after the transfer was made or the obligation was incurred; or(3) under subsection (b) of section 36-806, not later than one year after the transfer was made.Source Laws 2019, LB70, § 10.
NE Code § 36-811 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-811 - Governing law.

36-811.  Governing law.(a) In this section, the following rules determine a debtor's location:(1) A debtor who is an individual is located at the individual's principal residence.(2) A debtor that is an organization and has only one place of business is located at its place of business.(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.(b) A claim for relief in the nature of a claim for relief under the Uniform Voidable Transactions Act is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.Source Laws 2019, LB70, § 11.
NE Code § 36-812 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-812 - Application to series organization.

36-812.  Application to series organization.(a) In this section:(1) Protected series means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in subdivision (2) of this subsection.(2) Series organization means an organization that, pursuant to the law under which it is organized, has the following characteristics:(i) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series;(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization; and(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.(b) A series organization and each protected series of the organization is a separate person for purposes of the Uniform Voidable Transactions Act, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.Source Laws 2019, LB70, § 12.
NE Code § 36-813 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-813 - Supplementary provisions.

36-813.  Supplementary provisions.Unless displaced by the provisions of the Uniform Voidable Transactions Act, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.Source Laws 2019, LB70, § 13.
NE Code § 36-814 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-814 - Uniformity of application and construction.

36-814.  Uniformity of application and construction.The Uniform Voidable Transactions Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the act among states enacting it.Source Laws 2019, LB70, § 14.
NE Code § 36-815 (2021)
2021 Nebraska Revised Statutes|Chapter 36 - Fraud and Voidable Transactions|36-815 - Relation to Electronic Signatures in Global and National Commerce Act.

36-815.  Relation to Electronic Signatures in Global and National Commerce Act.The Uniform Voidable Transactions Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., as the act existed on September 1, 2019, but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).Source Laws 2019, LB70, § 15.
NE Code § 37-102 (2021)
2021 Nebraska Revised Statutes|Chapter 37 - Game and Parks|37-102 - Game and Parks Commission; districts.

37-102.  Game and Parks Commission; districts.For purposes of section 37-101, the state is hereby divided into eight districts. The limits and designations of the eight districts shall be as follows:(1) District No. 1. The counties of Richardson, Pawnee, Nemaha, Johnson, Otoe, Cass, Sarpy, Saunders, Butler, Gage, Seward, Saline, and Jefferson;(2) District No. 2. Douglas County;(3) District No. 3. The counties of Washington, Dodge, Colfax, Platte, Merrick, Nance, Boone, Madison, Stanton, Cuming, Burt, Thurston, Wayne, Pierce, Antelope, Knox, Cedar, Dixon, and Dakota;(4) District No. 4. The counties of Thayer, Nuckolls, Webster, Adams, Clay, Fillmore, York, Polk, Hamilton, Hall, Buffalo, Kearney, and Franklin;(5) District No. 5. The counties of Harlan, Furnas, Red Willow, Hitchcock, Dundy, Chase, Hayes, Frontier, Gosper, Phelps, Dawson, Lincoln, and Perkins;(6) District No. 6. The counties of Howard, Greeley, Wheeler, Sherman, Valley, Garfield, Holt, Boyd, Keya Paha, Rock, Brown, Loup, Blaine, Custer, Logan, McPherson, Arthur, Grant, Hooker, Thomas, and Cherry;(7) District No. 7. The counties of Deuel, Garden, Keith, Sheridan, Cheyenne, Morrill, Box Butte, Dawes, Sioux, Scotts Bluff, Banner, and Kimball; and(8) District No. 8. Lancaster County.Source   Laws 1947, c. 315, § 2, p. 954;   Laws 1963, c. 513, § 1, p. 1628;   R.S.1943, (1996), § 81-801.01;   Laws 1998, LB 922, § 2;  Laws 2002, LB 1003, § 13.
NE Code § 37-103 (2021)
2021 Nebraska Revised Statutes|Chapter 37 - Game and Parks|37-103 - Game and Parks Commission; chairperson; election.

37-103.  Game and Parks Commission; chairperson; election.The members of the Game and Parks Commission shall meet in January of each year and shall elect a chairperson of the commission from the membership.Source   Laws 1929, c. 113, § 2, p. 443;   C.S.1929, § 81-6502;   Laws 1935, c. 174, § 2, p. 640;   C.S.Supp.,1941, § 81-6502;   R.S.1943, § 81-802;   R.S.1943, (1996), § 81-802;   Laws 1998, LB 922, § 3.
NE Code § 37-104 (2021)
2021 Nebraska Revised Statutes|Chapter 37 - Game and Parks|37-104 - Game and Parks Commission; meetings; special meeting; notice; place; quorum; agreement with city of Lincoln for building and facilities; location.

37-104.  Game and Parks Commission; meetings; special meeting; notice; place; quorum; agreement with city of Lincoln for building and facilities; location.Regular meetings of the Game and Parks Commission shall be held quarterly. Special meetings may be held upon call of the chairperson or pursuant to a call signed by three other members, of which the chairperson shall have three days' written notice. No official action shall be taken except at a public meeting at the headquarters of the commission or at a public meeting at a location within the state as determined by a majority of members of the commission. Four members of the commission shall constitute a quorum for the transaction of business.All regular meetings held in Lincoln, Nebraska, shall be held in suitable offices to be provided under the authority of Chapter 72, article 14. The Game and Parks Commission is authorized to enter into an agreement with the city of Lincoln providing for the supplying by the city of Lincoln to the State of Nebraska for the commission of a headquarters office building and related buildings and facilities therefor, including the parking of motor vehicles, to be located on real estate which is north of Holdrege Street and east of 33rd Street.Source   Laws 1969, c. 776, § 1, p. 2947;   Laws 1997, LB 141, § 1;   R.S.Supp.,1997, § 81-803.01;   Laws 1998, LB 922, § 4.
NE Code § 37-105 (2021)
2021 Nebraska Revised Statutes|Chapter 37 - Game and Parks|37-105 - Game and Parks Commission; expenses; per diem.

37-105.  Game and Parks Commission; expenses; per diem.The members of the Game and Parks Commission, other than the secretary, shall be reimbursed for expenses incurred in the discharge of their official duties as provided in sections 81-1174 to 81-1177 and shall be allowed a per diem of thirty-five dollars for days actually away from home on business of the commission, not exceeding forty-five days in any one year.Source   Laws 1929, c. 113, § 4, p. 444;   C.S.1929, § 81-6504;   Laws 1933, c. 96, § 17, p. 396;   Laws 1941, c. 180, § 7, p. 704;   C.S.Supp.,1941, § 81-6504;   R.S.1943, § 81-804;   Laws 1947, c. 315, § 3, p. 954;   Laws 1967, c. 584, § 1, p. 1973;   Laws 1977, LB 482, § 1;   Laws 1981, LB 204, § 172;   Laws 1988, LB 864, § 13;   R.S.1943, (1996), § 81-804;   Laws 1998, LB 922, § 5;  Laws 2020, LB381, § 26.