reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1322 - Filing prior to July 1, 1999; effect.

52-1322.
Filing prior to July 1, 1999; effect.
An effective financing statement filed on or before July 1, 1999, in accordance with section 52-1307, which has not lapsed on or before July 1, 1999, may be continued by the filing of a continuation statement in accordance with section 52-1314 in the office of the Secretary of State.
Source
Laws 1998, LB 1321, § 95.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1401 - Terms, defined.

52-1401.
Terms, defined.
As used in sections 52-1401 to 52-1411, unless the context otherwise requires:
(1) Agricultural chemical shall mean a fertilizer or agricultural chemical which is applied to crops or land which is used for the raising of crops;
(2) Feed shall mean a commercial feed, a feed ingredient, a mineral feed, a drug, an animal health product, or a customer-formula feed which is used for the feeding of livestock;
(3) Petroleum product shall mean motor vehicle fuel, oil, grease, propane or other compressed fuel, and diesel fuel which is used in the production of crops and livestock;
(4) Seed shall mean agricultural seed which is used in the production of crops;
(5) Electricity shall mean electrical energy which is used in the production of crops and livestock;
(6) Labor shall mean labor performed in the application, delivery, or preparation of a product defined in subdivisions (1) through (4) of this section;
(7) Person shall mean an individual, partnership, limited liability company, corporation, company, cooperative, society, or association;
(8) Lender shall mean a person in the business of lending money identified in a lien-notification statement;
(9) Letter of commitment shall mean a binding, irrevocable, and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery; and
(10) Agricultural production input shall mean any agricultural chemical, feed, seed, petroleum product, electricity, or labor used in preparing the land for planting, cultivating, growing, producing, harvesting, drying, and storing crops or crop products or for feeding, producing, or delivering livestock.
Source
Laws 1987, LB 101, § 1;
Laws 1993, LB 121, § 316;
Laws 1994, LB 1160, § 52;
Laws 1995, LB 182, § 25.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1402 - Lien-notification statement; requirements; contents.

52-1402.
Lien-notification statement; requirements; contents.
(1) A person supplying an agricultural production input may notify a lender of an agricultural production input lien by providing a lien-notification statement to the lender in an envelope marked IMPORTANT — LEGAL NOTICE and sent by certified mail or another verifiable method.
(2) The lien-notification statement shall be in the form approved by the Secretary of State and shall disclose the following:
(a) The name and business address of any lender;
(b) The name, address, and signature of the supplier claiming the lien;
(c) A description and the date or anticipated date or dates of the transaction or transactions and the retail cost or anticipated costs of the agricultural production input;
(d) The name, residential address, and signature of the person to whom the agricultural production input was furnished or is to be furnished;
(e) The name and residential address of the owner and a description of the real estate sufficient to identify the same where the crops to which the lien attaches are growing or are to be grown or, if livestock, the name and residential address of the owner of the livestock, the location where the livestock will be raised, and a description of the livestock;
(f) A statement that the products and proceeds of the crops or livestock are covered by the agricultural input lien;
(g) The social security number or federal tax identification number of the person to whom the agricultural production input was furnished, if known; and
(h) The social security number or federal tax identification number of the supplier claiming the lien.
Source
Laws 1987, LB 101, § 2;
Laws 1988, LB 943, § 15.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1403 - Lien-notification statement; lender response.

52-1403.
Lien-notification statement; lender response.
Within fifteen calendar days after receiving a lien-notification statement, the lender shall respond to the supplier with either:
(1) A letter of commitment for part or all of the amount in the lien-notification statement and, if the letter of commitment is for only part of the amount in the lien-notification statement, then a copy of the partial commitment shall be sent to the person to whom the agricultural production input was furnished or is to be furnished; or
(2) A written refusal to issue a letter of commitment, and a copy of such refusal shall be sent to the person to whom the agricultural production input was furnished or is to be furnished.
Source
Laws 1987, LB 101, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1404 - Lender response; effect.

52-1404.
Lender response; effect.
If the lender responds with a letter of commitment, the supplier may not obtain a lien for the amount stated in the letter of commitment. If the lender responds with a written refusal to issue a letter of commitment, the rights of the lender and the supplier are not affected by sections 52-1401 to 52-1411, and any prior perfected lien of the lender under the Uniform Commercial Code shall retain its established priority.
Source
Laws 1987, LB 101, § 4.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1405 - Lender; failure to respond; effect.

52-1405.
Lender; failure to respond; effect.
If a lender does not respond to the supplier within fifteen calendar days after receiving the lien-notification statement:
(1) If the agricultural production input is feed for livestock, a supplier who furnishes the feed has an agricultural production input lien which has priority over any security interest of the lender for the unpaid retail cost of such feed. Such lien may not exceed the amount, if any, that the sales price of the livestock exceeds the greater of the fair market value of the livestock at the time the lien attaches or the acquisition price of the livestock; or
(2) For all other agricultural production input, a supplier who furnishes such agricultural production input has an agricultural production input lien which has priority over any security interest of the lender in the specified crops or their proceeds for the lesser of:
(a) The amount stated in the lien-notification statement; or
(b) The unpaid retail cost of the agricultural production input identified in the lien-notification statement.
Source
Laws 1987, LB 101, § 5.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1406 - Lien; attachment; when.

52-1406.
Lien; attachment; when.
(1) The agricultural production input lien attaches to:
(a) The existing crops upon the land where a furnished agricultural chemical was applied or, if crops are not planted, the next production crop where a furnished agricultural chemical was applied within sixteen months following the last date on which the agricultural chemical was applied;
(b) The crops produced from furnished seed;
(c) The crops produced, harvested, or processed using a furnished petroleum product or furnished electricity. If the crops are grown on leased land and the lease provides for payment in crops, the lien does not attach to the lessor's portion of the crops. The lien continues in crop products and proceeds, except the lien does not continue in grain after a cash sale; or
(d) All livestock consuming the feed and continues in livestock products and proceeds.
(2) An agricultural production input lien attaches when the agricultural production input is furnished by the supplier to the purchaser.
Source
Laws 1987, LB 101, § 6.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1407 - Lien; perfection; financing statement; filing; priority; enforcement; fee.

52-1407.
Lien; perfection; financing statement; filing; priority; enforcement; fee.
(1) An agricultural production input lien shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall contain or have attached thereto the information required in subsection (2) of section 52-1402 and shall be filed within three months after the last date that the agricultural production input was furnished. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. Perfection occurs as of the date such financing statement is filed.
(2) An agricultural production input lien that is not perfected has the priority of an unperfected security interest under section 9-322, Uniform Commercial Code.
(3) An agricultural production input lien shall be treated in all respects as an agricultural lien as provided in article 9, Uniform Commercial Code, and may be enforced in the manner and form provided for the enforcement of secured transactions as provided in article 9, Uniform Commercial Code. For purposes of enforcement of the lien, the lienholder is the secured party and the person to whom the agricultural production input was furnished is the debtor, and each has the respective rights and duties of a secured party and a debtor under article 9, Uniform Commercial Code.
(4) The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.
(5) Effective January 1, 2015, this section applies to a lien created under this section regardless of when the lien was created.
Source
Laws 1987, LB 101, § 7;
Laws 1988, LB 943, § 16;
Laws 1999, LB 550, § 32;
Laws 2001, LB 54, § 23;
Laws 2014, LB750, § 14.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1408 - Lien; enforcement procedures; extinguishment.

52-1408.
Lien; enforcement procedures; extinguishment.
An action to enforce an agricultural production input lien may be brought in the district court in a county where some part of the crop or livestock was located after the lien is perfected. A lien-notification statement may be amended, except for the amount demanded, by leave of the court in the furtherance of justice. An agricultural production input lien is extinguished if an action to enforce the lien is not brought within eighteen months after the date the lien-notification statement is filed.
Source
Laws 1987, LB 101, § 8.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1409 - Lien satisfied; financing statement; termination.

52-1409.
Lien satisfied; financing statement; termination.
When an agricultural production input lien is satisfied, any financing statement filed to perfect that lien shall be terminated in the manner and form provided in article 9, Uniform Commercial Code.
Source
Laws 1987, LB 101, § 9;
Laws 1988, LB 943, § 17;
Laws 1999, LB 550, § 33;
Laws 2001, LB 54, § 24;
Laws 2014, LB750, § 15.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1410 - Sections, how construed.

52-1410.
Sections, how construed.
Nothing in sections 52-1401 to 52-1410 shall be construed to negate or affect the provisions of Chapter 52, articles 2, 5, 7, 9, 11, 12, and 15, and Chapter 54, article 2.
Source
Laws 1987, LB 101, § 10.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1411 - Bankruptcy; effect.

52-1411.
Bankruptcy; effect.
The filing of a petition for relief under any bankruptcy law of the United States shall render any unperformed letter of commitment under sections 52-1401 to 52-1408 null and void.
Source
Laws 1987, LB 101, § 11.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1501 - Stallion, jack, or bull; lien for service.

52-1501.
Stallion, jack, or bull; lien for service.
Every owner, lessee, agent or manager of any stallion, jack or bull shall have a lien upon any mare and her colt or upon any cow and her calf served by such stallion, jack or bull for the full amount of the reasonable or agreed value or price of such service. Every such owner, lessee, agent or manager of such stallion, jack or bull desiring to perfect a lien upon any mare and her colt, or upon any cow and her calf, shall at any time after breeding any such animal to any such male, file with the county clerk of the county a verified notice of lien describing such animal with reasonable certainty, giving the name of the owner and his place of residence if known, and the name and residence of the person having the possession of such animal, the location of such animal, the terms of payment for such service, the amount thereof, the name of the male, the date of service, and the time or event when the same shall become due and payable and such other matters as to make the same more certain. Thereafter such lienor shall have a first lien upon such animal or animals described therein, and their offspring as soon as the same may be born, subject, however, to the lien of record of any prior mortgage in good faith.
Source
Laws 1913, c. 49, § 1, p. 155;
R.S.1913, § 90;
C.S.1922, § 98;
C.S.1929, § 54-202;
R.S.1943, § 54-202;
R.S.1943, (1984), § 54-202.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1502 - Liens; list of animals served; filing.

52-1502.
Liens; list of animals served; filing.
Any owner of any stallion, jack or bull within the state may file with the county clerk of any county therein on or before October 1 of each year, a full and complete list of the mares or cows served by such male within such county during that year. Such list shall contain the name of and a brief description of all animals so served, the owners thereof, the terms on which each was bred, and the time when payment thereof becomes due; and it shall be verified by the owner of such stallion, jack or bull, or his lawfully authorized agent.
Source
Laws 1913, c. 49, § 2, p. 156;
R.S.1913, § 91;
C.S.1922, § 99;
C.S.1929, § 54-203;
R.S.1943, § 54-203;
R.S.1943, (1984), § 54-203.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1503 - Lien; period enforceable.

52-1503.
Lien; period enforceable.
From the time of filing such lien upon any such mare or cow the lienor shall have the right to hold the same on such mare or cow and its offspring for a period of twelve months from and after the birth of such offspring; but if such lien shall not be foreclosed within that time the same shall expire and be of no force or effect.
Source
Laws 1913, c. 49, § 3, p. 156;
R.S.1913, § 92;
C.S.1922, § 100;
C.S.1929, § 54-204;
Laws 1935, c. 120, § 1, p. 438;
C.S.Supp.,1941, § 54-204;
R.S.1943, § 54-204;
R.S.1943, (1984), § 54-204.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1504 - Lien; foreclosure.

52-1504.
Lien; foreclosure.
Every such lienor may foreclose such lien by delivering to any sheriff or constable a true copy of such lien certified by the clerk of the county, together with an affidavit of the lienor or any agent or attorney having knowledge of the facts, stating the amount due and unpaid on such lien, with direction to such officer to foreclose such lien. Thereupon such officer shall seize such mare or cow and its offspring and sell the same in the manner provided by law for the sale of personal property on execution, and retain the principal and interest and expenses of such seizure and sale, and the overplus, if any, pay over to the owner of such mare or cow, or deposit the same for him with the county clerk, and make and file due return thereof with the county clerk.
Source
Laws 1913, c. 49, § 4, p. 156;
R.S.1913, § 93;
C.S.1922, § 101;
C.S.1929, § 54-205;
R.S.1943, § 54-205;
R.S.1943, (1984), § 54-205.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1505 - Lien; sale or removal of animals prohibited; exception.

52-1505.
Lien; sale or removal of animals prohibited; exception.
It shall be unlawful for any owner of any mare or cow or its offspring, or any person having the possession of such mare or cow, or its offspring, upon which there is any lien of record in the county, to sell or permanently remove the same from the county or state before said lien is paid;
Provided,
such owner may remove the same to an adjoining county by first filing in such adjoining county a certified copy of such lien and notifying such lienor in writing of the exact location of such mare or cow and its offspring in such adjoining county.
Source
Laws 1913, c. 49, § 5, p. 156;
R.S.1913, § 94;
C.S.1922, § 102;
C.S.1929, § 54-206;
R.S.1943, § 54-206;
R.S.1943, (1984), § 54-206.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1506 - Violations; penalty.

52-1506.
Violations; penalty.
Any person or persons knowingly or willfully violating any of the provisions of sections 52-1501 to 52-1505 shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars.
Source
Laws 1913, c. 49, § 6, p. 157;
R.S.1913, § 95;
C.S.1922, § 103;
C.S.1929, § 54-207;
R.S.1943, § 54-207;
R.S.1943, (1984), § 54-207.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1601 - Master lien list; Secretary of State; compilation.

52-1601.
Master lien list; Secretary of State; compilation.
The Secretary of State shall compile lien information relative to liens created under Chapter 52, articles 2, 5, 7, 9, 11, 12, and 14, and Chapter 54, article 2, received by his or her office pursuant to subsection (a) of section 9-530, Uniform Commercial Code, into a master lien list in alphabetical order according to the last name of the individual against whom such lien is filed or, in the case of an entity doing business other than as an individual, the first word in the name of the debtor. Such master lien list shall contain the name and address of the debtor, the name and address of the lienholder, and the type of such lien.
Source
Laws 1988, LB 987, § 1;
Laws 1999, LB 550, § 34;
Laws 2002, LB 957, § 24;
Laws 2016, LB1035, § 4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-2108 - Release of lien; procedure; escrow established or interpleader filed; recording of document required; failure to file; additional procedures.

52-2108.
Release of lien; procedure; escrow established or interpleader filed; recording of document required; failure to file; additional procedures.
(1) Whenever a notice of a commercial real estate broker's lien has been recorded, the record owner of the commercial real estate may have the lien released by depositing funds equal to the full amount stated in the notice of lien plus fifteen percent to be applied towards any lien under section 52-2103. These funds shall be held in escrow by such person and by such process which may be agreed to by the parties, either in the commission agreement or otherwise, for the payment to the commercial real estate broker or otherwise for resolution for their dispute or, in the absence of any such mutually agreed person or process, the funds may be deposited with the district court by the filing of an interpleader. Upon such deposit of funds by interpleader, the commercial real estate shall be considered released from such lien or claim of lien. Upon written notice to the commercial real estate broker that the funds have been escrowed or an interpleader filed, the commercial real estate broker shall, within ten business days, record in the office of the register of deeds where the notice of commercial real estate broker's lien was filed pursuant to section 52-2103 a document stating that the lien is released and the commercial real estate released by an escrow established pursuant to this section or by interpleader. If the commercial real estate broker fails to file such document, the person holding the funds may sign and file such document and deduct from the escrow the reasonable cost of preparing and filing the document. Upon the filing of such document, the commercial real estate broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the commercial real estate broker's claim for payment and the funds shall not be paid to any person, except for such payment to the holder of the funds as set forth in this section, until a resolution of the commercial real estate broker's claim for payment has been agreed to by all necessary parties or ordered by a court having jurisdiction.
(2) Except as otherwise provided in this section, whenever a commercial real estate broker's lien has been recorded and an escrow account is established either from the proceeds from the transaction, conveyance, or any other source of funds computed as one hundred fifteen percent of the amount of the claim for lien, then the lien against the commercial real estate shall be extinguished and immediately become a lien on the funds contained in the escrow account. The requirement to establish an escrow account, as provided in this section, shall not be cause for any party to refuse to complete or close the transaction.
Source
Laws 2013, LB3, § 14.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-2201 - Financing statement filed prior to November 1, 2003; loss of perfection; continuation statement; filing required; contents; effect; Secretary of State; duties.

52-2201.
Financing statement filed prior to November 1, 2003; loss of perfection; continuation statement; filing required; contents; effect; Secretary of State; duties.
A financing statement filed to perfect a lien pursuant to sections 52-202, 52-501, 52-701, 52-901, 52-1101, 52-1201, 52-1401 to 52-1411, 54-201, or 54-208, which was properly filed prior to November 1, 2003, shall lose its perfection unless a continuation statement is filed with the Secretary of State after June 30, 2014, and before January 1, 2015. Such continuation statement shall include a statement that the original financing statement is still effective. The filing of a continuation statement shall preserve the priority of the original filing and shall be effective for five years after the date of filing of the continuation statement and may be subsequently continued as provided in article 9, Uniform Commercial Code. Not later than May 31, 2014, the Secretary of State shall notify, by first-class mail, the lienholders of record of the liens described in this section that such a lien shall lose its perfection unless a continuation statement is filed with the Secretary of State as provided in this section.
Source
Laws 2014, LB750, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-101 - Act, how cited.

53-101.
Act, how cited.
Sections 53-101 to 53-1,122 shall be known and may be cited as the Nebraska Liquor Control Act.
Source
Laws 1935, c. 116, § 1, p. 373;
C.S.Supp.,1941, § 53-301;
R.S.1943, § 53-101;
Laws 1988, LB 490, § 3;
Laws 1988, LB 901, § 1;
Laws 1988, LB 1089, § 1;
Laws 1989, LB 70, § 1;
Laws 1989, LB 441, § 1;
Laws 1989, LB 781, § 1;
Laws 1991, LB 344, § 2;
Laws 1991, LB 582, § 1;
Laws 1993, LB 183, § 1;
Laws 1993, LB 332, § 1;
Laws 1994, LB 1292, § 1;
Laws 2000, LB 973, § 1;
Laws 2001, LB 114, § 1;
Laws 2004, LB 485, § 2;
Laws 2006, LB 845, § 1;
Laws 2007, LB549, § 1;
Laws 2007, LB578, § 1;
Laws 2009, LB232, § 1;
Laws 2009, LB355, § 1;
Laws 2010, LB258, § 1;
Laws 2010, LB861, § 7;
Laws 2011, LB407, § 1;
Laws 2012, LB824, § 1;
Laws 2012, LB1130, § 1;
Laws 2015, LB118, § 2;
Laws 2015, LB330, § 2;
Laws 2018, LB1120, § 1;
Laws 2020, LB734, § 1;
Laws 2021, LB274, § 1;
Laws 2022, LB1204, § 1;
Laws 2023, LB376, § 1.
Effective Date: April 22, 2023
Annotations
The Nebraska Liquor Control Act empowers the Nebraska Liquor Control Commission to include conditions on a liquor license if those restrictions are consistent with the purpose of the act and are reasonably necessary to the protection of the health, safety, and welfare of the people of the State of Nebraska and to the promotion and fostering of temperance in the consumption of alcohol. Abay, L.L.C. v. Nebraska Liquor Control Comm., 303 Neb. 214, 927 N.W.2d 780 (2019).
Liquor Control Act provides comprehensive authority and procedure relating to the granting, renewing, or revoking of liquor licenses without recourse to courts. Leeman v. Vocelka, 149 Neb. 702, 32 N.W.2d 274 (1948).
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-101.01 - Statement of policy.

53-101.01.
Statement of policy.
It is declared to be the policy of the Legislature to (1) regulate the transportation or importation of alcoholic liquor into this state when such alcoholic liquor is intended for delivery or use within the state, (2) promote adequate, economical, and efficient service by licensees selling alcoholic liquor within the State of Nebraska without unjust or undue discrimination, preference, or advantage, (3) generate revenue by imposing an excise tax upon alcoholic liquor, and (4) promote the health, safety, and welfare of the people of the state and encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the manufacture, distribution, and sale of alcoholic liquor.
Source
Laws 1981, LB 124, § 1;
Laws 1989, LB 781, § 2;
Laws 1991, LB 344, § 3;
Laws 1993, LB 183, § 2;
Laws 1999, LB 267, § 1.
2023 Nebraska Revised Statutes › Chapter 53 - Liquors › 53-101.02 - Farm wineries; legislative intent.

53-101.02.
Farm wineries; legislative intent.
It is the intent of the Legislature to encourage the production, use in manufacturing, and consumption of agricultural products grown within the state by providing for the existence of farm winery operations. The Legislature recognizes that the creation of farm wineries will stimulate the creation of jobs and investments in small communities, encourage the use of lands upon which grapes and other wine-related crops may be grown, and provide tax revenue which would not otherwise be realized.
Source
Laws 1985, LB 279, § 1;
Laws 2003, LB 536, § 1.