reglab/housing_qa huggingface dataset:
NE Code § 52-1602 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1602 - Master lien list; distribution or publication; registration to receive or obtain list; fee.

52-1602.  Master lien list; distribution or publication; registration to receive or obtain list; fee.(1) The master lien list prescribed in section 52-1601 shall be distributed or published by the Secretary of State not more often than once every month and not less often than once every three months on the date corresponding to the date on which the lists provided pursuant to sections 52-1301 to 52-1322 are distributed or published.(2) Any person may register with the Secretary of State to receive or obtain the master lien list prescribed in section 52-1601. Such registration shall be on an annual basis. The Secretary of State shall provide the form for registration. A registration shall not be completed until the form provided is properly completed and received by the Secretary of State accompanied by the proper registration fee. The fee for annual registration shall be thirty dollars, except that a registrant under sections 52-1301 to 52-1322 shall not be required to pay the registration fee provided by this section in addition to the registration fee paid pursuant to sections 52-1301 to 52-1322 for the same annual registration period. A registrant under sections 52-1601 to 52-1605 shall pay an additional annual fee to receive or obtain the master lien lists prescribed in section 52-1601. For each master lien list, the fee shall be an amount determined by the Secretary of State not to exceed two hundred dollars per year. The Secretary of State may provide for the distribution or publication of master lien lists on any medium and may establish reasonable charges for such lists, not to exceed the charges provided for in this subsection.(3) The Secretary of State, by rule and regulation, shall establish the dates after which a filing of liens will not be reflected on the next distribution or publication of the master lien list and the date by which a registrant shall complete a registration in order to receive or obtain the next master lien list.(4) The Secretary of State shall remit any funds received pursuant to subsection (2) of this section to the State Treasurer for credit to the Secretary of State Cash Fund.Source   Laws 1988, LB 987, § 2;   Laws 1998, LB 924, § 25;  Laws 2003, LB 4, § 5;  Laws 2007, LB124, § 69;  Laws 2016, LB1035, § 5;  Laws 2020, LB910, § 22.   Operative Date: July 1, 2021
NE Code § 52-1603 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1603 - Buyer of farm products; purchase subject to lien; when; waiver or release of lien.

52-1603.  Buyer of farm products; purchase subject to lien; when; waiver or release of lien.(1) A buyer of farm products who is registered to receive or obtain the master lien list as provided in section 52-1602 and who, in the ordinary course of business, buys farm products from a seller engaged in farming operations shall take free of any lien created under the provisions of Chapter 52, article 2, 5, 9, 11, 12, or 14, if such lien is not on the most recent master lien list received or obtained by the buyer pursuant to sections 52-1601 to 52-1605, except that such buyer shall take subject to any such lien if the lien was filed after the last date for inclusion in the most recent distribution or publication of the master lien list and if the buyer has received from the lienholder or seller written notice of the lien. For purposes of this subsection, the form of such written notice of the lien may be a copy of the lien filing. For purposes of this subsection, received or obtained by the buyer means the first date upon which delivery of the master lien list, in whatever form, is attempted by a carrier or, in the case of electronic publication, the first date upon which the Secretary of State made the most current master lien list available electronically, and in all cases in which delivery of the master lien list is involved, a buyer shall be presumed to have received the master lien list ten days after it was mailed by the Secretary of State.(2) If a buyer buying property subject to a lien created under the provisions of Chapter 52, article 2, 5, 9, 11, 12, or 14, tenders to the seller the total purchase price by means of a check or other instrument payable to such seller and the lienholder of any such lien for such property and if such lienholder authorizes the negotiation of such check or other instrument, such authorization or endorsement and payment thereof shall constitute a waiver or release of the lien specified to the extent of the amount of the check or instrument. Such waiver or release of the lien shall not serve to establish or alter in any way security interest or lien priorities under Nebraska law.(3) Except as otherwise provided in the provisions of subsections (1) and (2) of this section, sections 52-1601 to 52-1605 shall not be interpreted or construed to alter liability of buyers of property subject to liens created under the provisions of Chapter 52, article 2, 5, 9, 11, 12, or 14.Source   Laws 1988, LB 987, § 3;  Laws 2003, LB 70, § 1;  Laws 2016, LB1035, § 6;  Laws 2017, LB142, § 2.
NE Code § 52-1604 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1604 - Errors or omissions; exempt from liability.

52-1604.  Errors or omissions; exempt from liability.The Secretary of State, all county clerks, and their employees or agents shall be exempt from all personal liability as a result of any error or omission in providing information of such statutory liens except in cases of willful misconduct or gross negligence.Source  Laws 1988, LB 987, § 4.
NE Code § 52-1605 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1605 - Rules and regulations.

52-1605.  Rules and regulations.The Secretary of State shall adopt and promulgate rules and regulations necessary to implement sections 52-1601 to 52-1605.Source  Laws 1988, LB 987, § 5.
NE Code § 52-1701 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1701 - Terms, defined.

52-1701.  Terms, defined.For purposes of sections 52-1701 to 52-1708:(1) Assignee shall mean the holder, and his or her successors and assigns, of a security interest in rents which has been created, provided, assigned, or granted by an assignor;(2) Assignment instrument shall mean any mortgage, trust deed, assignment of leases, assignment of rents, or other instrument or agreement which creates, provides, assigns, or grants a security interest in rents;(3) Assignor shall mean a person, and his or her successors and assigns, who has created, provided, assigned, or granted a security interest in rents to an assignee;(4) Lease shall mean any license, lease, contract, or other agreement for the use or possession of real estate;(5) Rent party shall mean the party that is obligated under a lease to pay rents;(6) Rents shall mean any right to income, rents, proceeds, issues, profits, royalties, or any other payment or benefit derived under a present or future lease; and(7) Security interest in rents shall mean any interest in rents or leases which secures payment or performance of an obligation.Source  Laws 1993, LB 14, § 1.
NE Code § 52-1702 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1702 - Assignment instrument; terms.

52-1702.  Assignment instrument; terms.An assignment instrument may provide that any or all obligations covered by, described in, or identified by the assignment instrument are to be secured by present, future, or after-arising rents or leases. The obligations covered by, described in, or identified by an assignment instrument may include future advances or other value whether or not the future advances or value are given pursuant to an existing commitment to loan additional funds.Source  Laws 1993, LB 14, § 2.
NE Code § 52-1703 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1703 - Security interest; when valid.

52-1703.  Security interest; when valid.A security interest in rents shall be valid and binding between the parties to an assignment instrument upon the execution and delivery of the assignment instrument by the assignor to the assignee.Source  Laws 1993, LB 14, § 3.
NE Code § 52-1704 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1704 - Security interest; perfection.

52-1704.  Security interest; perfection.A security interest in rents shall be perfected upon the recording of an assignment instrument with the register of deeds in the county in which the real estate, or any part thereof, described in the assignment instrument is situated. Upon the recording of the assignment instrument, the security interest in rents shall be valid, enforceable, and binding against, unavoidable by, and fully perfected as to all parties, including any subsequent purchaser, mortgagee, trustee in bankruptcy, general creditor, lien creditor, and other lienholder or claimant, from the time of the recording of the assignment instrument. It shall not be necessary for an assignee to take actual or constructive possession or control of the real estate or rents related thereto, to secure the appointment of a receiver, to take any action tantamount to taking of such possession or control, or to take any other action whatsoever to perfect a security interest in rents.Source  Laws 1993, LB 14, § 4.
NE Code § 52-1705 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1705 - Security interest; enforcement by assignee.

52-1705.  Security interest; enforcement by assignee.An assignee may enforce a security interest in rents by (1) the appointment of a receiver under applicable law, (2) the recovery of rents as part of the enforcement of an assignment instrument, or (3) as provided in section 52-1706 or under other applicable law. The collection of rents by an assignee in accordance with section 52-1706 shall not be deemed to impose the obligations of a mortgagee or any other person in possession of the real estate on the assignee.Source  Laws 1993, LB 14, § 5.
NE Code § 52-1706 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1706 - Assignee; collection of rents; lease terms ineffective; when.

52-1706.  Assignee; collection of rents; lease terms ineffective; when.If agreed in an assignment instrument or on default by the assignor whether agreed in the assignment instrument or not, the assignee shall be entitled to notify any rent party to make payment of rents due or to become due to the assignee whether or not the assignor was previously receiving or collecting rents. A rent party may pay rents to the assignor until the rent party receives notification that the rents due or to become due have been assigned and that payment is to be made to the assignee. If requested by the rent party, the assignee shall furnish reasonable proof that the assignment has been made, and unless the assignee furnishes the proof, the rent party may pay the assignor. A term in any lease between a rent party and an assignor is ineffective if it prohibits assignment of a lease or rents due or to become due pursuant to the lease, if it prohibits creation of a security interest in rents due or to become due, or if it requires the consent of the rent party to such assignment or a security interest in rents.Source  Laws 1993, LB 14, § 6.
NE Code § 52-1707 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1707 - Priority.

52-1707.  Priority.Priority between conflicting security interests in rents shall be ranked according to priority in the time of recording of an assignment instrument.Source  Laws 1993, LB 14, § 7.
NE Code § 52-1708 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1708 - Applicability of sections.

52-1708.  Applicability of sections.Sections 52-1701 to 52-1707 shall be applicable to any assignment instrument properly recorded prior to, on, or after February 17, 1993.Source  Laws 1993, LB 14, § 8.
NE Code § 52-1801 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1801 - Mobile home security interest; perfection; mobile home certificate of title; notation of lien; laws applicable.

52-1801.  Mobile home security interest; perfection; mobile home certificate of title; notation of lien; laws applicable.(1) Any security interest in a mobile home perfected on or after July 15, 1992, and prior to April 8, 1993, shall continue to be perfected:(a) Until the financing statement perfecting such security interest is terminated or would have lapsed in the absence of the filing of a continuation statement pursuant to article 9, Uniform Commercial Code; or(b) Until a lien is noted on the face of the certificate of title for the mobile home pursuant to section 60-164.(2) Any lien noted on the face of a mobile home certificate of title on or after April 8, 1993, pursuant to subdivision (1)(b) of this section on behalf of the holder of a security interest in the mobile home which was perfected on or after July 15, 1992, and prior to April 8, 1993, shall have priority as of the date such security interest was originally perfected.(3) The holder of a mobile home certificate of title shall, upon request, surrender the mobile home certificate of title to a holder of a security interest in the mobile home which was perfected on or after July 15, 1992, and prior to April 8, 1993, to permit notation of a lien on the mobile home certificate of title and shall do such other acts as may be required to permit such notation.(4) If the owner of a mobile home subject to a security interest perfected on or after July 15, 1992, and prior to April 8, 1993, fails or refuses to obtain a certificate of title after April 8, 1993, the security interest holder may obtain a certificate of title in the name of the owner of the mobile home following the procedures of subsection (2) of section 60-147 and may have a lien noted on the certificate of title pursuant to section 60-164.(5) The assignment, release, or satisfaction of a security interest in a mobile home shall be governed under the laws under which it was perfected.(6) This section shall not affect the validity or priority of a lien established against a mobile home by the notation of such lien on the mobile home certificate of title prior to July 15, 1992.Source   Laws 1993, LB 340, § 3;  Laws 1999, LB 550, § 35;  Laws 2005, LB 276, § 101.
NE Code § 52-1901 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1901 - Nonconsensual common-law lien, defined.

52-1901.  Nonconsensual common-law lien, defined.For purposes of sections 52-1901 to 52-1907, nonconsensual common-law lien means a document that purports to assert a lien against real or personal property of any person or entity and:(1) Is not expressly provided for by a specific state or federal statute;(2) Does not depend on the consent of the owner of the real or personal property affected; and(3) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.Source  Laws 2003, LB 655, § 1;  Laws 2013, LB3, § 3.
NE Code § 52-1902 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1902 - Transferred to section 52-1907.

52-1902.  Transferred to section 52-1907.
NE Code § 52-1903 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1903 - Filing officer; duty to refuse.

52-1903.  Filing officer; duty to refuse.The Secretary of State, county clerk, register of deeds, or clerk of any court shall refuse to accept for filing any nonconsensual common-law lien.Source Laws 2003, LB 655, § 3.
NE Code § 52-1904 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1904 - Lien; strike from record; when.

52-1904.  Lien; strike from record; when.Any lien determined to be a nonconsensual common-law lien pursuant to any proceeding shall be stricken from the record of the Secretary of State, county clerk, register of deeds, or clerk of any court upon the issuing of a valid court order from a court of competent jurisdiction. There shall be no filing fee for a court order issued pursuant to this section.Source Laws 2003, LB 655, § 4.
NE Code § 52-1905 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1905 - Nonconsensual common-law lien; how treated.

52-1905.  Nonconsensual common-law lien; how treated.A nonconsensual common-law lien is not binding or enforceable at law or in equity. Any nonconsensual common-law lien that is recorded is void and unenforceable.Source Laws 2013, LB3, § 4.
NE Code § 52-1906 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1906 - Recording of nonconsensual common-law lien; claimant; serve copy upon owner; sheriff; duties; proceeding to enforce; time limit.

52-1906.  Recording of nonconsensual common-law lien; claimant; serve copy upon owner; sheriff; duties; proceeding to enforce; time limit.In order that the owner of real property upon which a nonconsensual common-law lien is recorded shall have notice of the recording of the lien, the claimant shall cause the sheriff to serve a copy of the recorded lien upon the owner of the real property upon which the nonconsensual common-law lien is recorded and the sheriff shall make return thereof without delay by filing proof of service with the register of deeds as provided in subsection (1) of section 25-507.01. There shall be no filing fee for filing the proof of service. A judicial proceeding to enforce a nonconsensual common-law lien shall be instituted by the claimant within ten days after recording the lien. Failure to serve a copy of the recorded lien upon the owner or failure to file a judicial proceeding to enforce the lien shall cause the lien to lapse and be of no legal effect.Source Laws 2013, LB3, § 5.
NE Code § 52-1907 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-1907 - Submission for filing or recording; liability.

52-1907.  Submission for filing or recording; liability.If a person submits for filing or recording to the Secretary of State, county clerk, register of deeds, or clerk of any court any document purporting to create a nonconsensual common-law lien against real or personal property in violation of sections 52-1901 and 52-1905 to 52-1907 or section 76-296 and such document is so filed or recorded, the claimant submitting the document is liable to the person or entity against whom the lien is claimed for actual damages plus costs and reasonable attorney's fees.Source  Laws 2003, LB 655, § 2;   R.S.1943, (2010), § 52-1902;  Laws 2013, LB3, § 6.
NE Code § 52-2101 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2101 - Act, how cited.

52-2101.  Act, how cited.Sections 52-2101 to 52-2108 shall be known and may be cited as the Commercial Real Estate Broker Lien Act.Source Laws 2013, LB3, § 7.
NE Code § 52-2102 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2102 - Terms, defined.

52-2102.  Terms, defined.For purposes of the Commercial Real Estate Broker Lien Act:(1) Commercial real estate means any real estate other than real estate containing no more than four residential units or real estate on which no buildings or structures are located and that is zoned for single-family residential use. Commercial real estate does not include single-family residential units such as condominiums, townhouses, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;(2) Commission means any and all compensation that may be due a commercial real estate broker for performance of licensed services; and(3) Commission agreement means a written agreement with a designated commercial real estate broker as required by subsections (2) through (6) of section 76-2422.Source Laws 2013, LB3, § 8.
NE Code § 52-2104 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2104 - Notice of lien; mailing of notice required; effect on lien.

52-2104.  Notice of lien; mailing of notice required; effect on lien.The commercial real estate broker shall, within ten days after recording its notice of lien, either mail a copy of the notice of lien to the owner of record of the commercial real estate by registered or certified mail at the address of the owner stated in the commission agreement on which the claim for lien is based or, if no such address is given, then to the address of the commercial real estate on which the claim of lien is based. Mailing of the copy of the notice of lien is effective when deposited in a United States mailbox with postage prepaid. The commercial real estate broker's lien shall be unenforceable if mailing or service of the copy of notice of lien does not occur at the time and in the manner required by this section.Source Laws 2013, LB3, § 10.
NE Code § 52-2105 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2105 - Notice of lien; contents.

52-2105.  Notice of lien; contents.The notice of lien shall state the name of the commercial real estate broker, the name as reflected in the commercial real estate broker's records of any person the commercial real estate broker believes to be an owner of the commercial real estate on which the lien is claimed, the name as reflected in the commercial real estate broker's records of any person whom the commercial real estate broker believes to be obligated to pay the commission under the commission agreement, a description legally sufficient for identification of the commercial real estate upon which the lien is claimed, and the amount for which the lien is claimed. The notice of lien shall recite that the information contained in the notice is true and accurate to the knowledge of the signatories. The notice of lien shall be signed by the commercial real estate broker or by a person authorized to sign on behalf of the commercial real estate broker and shall be notarized.Source Laws 2013, LB3, § 11.
NE Code § 52-2106 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2106 - Lien; period of enforceability.

52-2106.  Lien; period of enforceability.(1) Except as provided in subsections (2) and (3) of this section, a lien that has become enforceable as provided in section 52-2103 shall continue to be enforceable for two years after the recording of the lien.(2) Except as provided in subsection (3) of this section, if an owner, holder of a security interest, mortgage, or trust deed, or other person having an interest in the commercial real estate gives the commercial real estate broker written demand to institute a judicial proceeding within thirty days, the lien lapses unless, within thirty days after receipt of the written demand, the commercial real estate broker institutes judicial proceedings.(3) If a judicial proceeding to enforce a lien is instituted while a lien is effective under subsection (1) or (2) of this section, the lien continues during the pendency of the proceeding.Source Laws 2013, LB3, § 12.
NE Code § 52-2107 (2021)
2021 Nebraska Revised Statutes|Chapter 52 - Liens|52-2107 - Priority of liens.

52-2107.  Priority of liens.(1) Recorded liens, mortgages, trust deeds, and other encumbrances on commercial real estate, including a recorded lien securing revolving credit and future advances for a loan, recorded before the date the commercial real estate broker's lien is recorded, shall have priority over the commercial real estate broker's lien.(2) A construction lien claim that is recorded after the commercial real estate broker's notice of lien but that relates back to a date prior to the recording date of the commercial real estate broker's notice of lien has priority over the commercial real estate broker's lien.(3) A purchase-money lien executed by the buyer of commercial real estate in connection with a loan for which any part of the proceeds are used to pay the purchase price of the commercial real estate has priority over a commercial real estate broker's lien claimed for the commission owed by the buyer against the commercial real estate purchased by the buyer.Source Laws 2013, LB3, § 13.