reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1606 - Default; deny access.

76-1606.
Default; deny access.
If any part of the rent or other charges due from the occupant are in default, the operator shall have the right to deny the occupant access to the leased space at the self-service storage facility.
Source
Laws 2017, LB492, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1608 - Occupant's care, custody, and control of personal property.

76-1608.
Occupant's care, custody, and control of personal property.
Unless the rental agreement specifically provides otherwise and until a lien sale under section 76-1607, the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant.
Source
Laws 2017, LB492, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1609 - Act; how construed.

76-1609.
Act; how construed.
The Self-Service Storage Facilities Act does not impair the power of the parties to a rental agreement to create rights, duties, or obligations that do not arise from the act. The rights provided to an operator by the act are in addition to all other rights provided by law to a creditor against a debtor.
Source
Laws 2017, LB492, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1701 - Act, how cited.

76-1701.
Act, how cited.
Sections 76-1701 to 76-1741 shall be known and may be cited as the Nebraska Time-Share Act.
Source
Laws 1980, LB 945, § 1;
Laws 2001, LB 68, § 1.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1703 - Time-share estate; status with respect to real property interests.

76-1703.
Time-share estate; status with respect to real property interests.
(1) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by the Nebraska Time-Share Act.
(2) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of the estate or interest.
Source
Laws 1980, LB 945, § 3;
Laws 2001, LB 68, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1705 - Time-share program; discriminatory ordinance or regulation; prohibited.

76-1705.
Time-share program; discriminatory ordinance or regulation; prohibited.
A zoning, subdivision, or other ordinance or regulation shall not discriminate against the creation of time-share intervals or impose any requirement upon a time-share program which it would not impose upon a similar development under a different form of ownership.
Source
Laws 1980, LB 945, § 5.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1707 - Instruments for time-share estates; contents.

76-1707.
Instruments for time-share estates; contents.
Project instruments and time-share instruments creating time-share estates shall contain the following:
(1) The name of the county in which the property is situated;
(2) The legal description, street address, or other description sufficient to identify the property;
(3) Identification of time periods by letter, name, number, or combination thereof;
(4) Identification of time-share estates and when applicable the method whereby additional time-share estates may be created;
(5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and when applicable, to each unit in a project that is not subject to the time-share program;
(6) Any restrictions on the use, occupancy, alteration, or alienation of time-share intervals;
(7) The ownership interest if any in personal property and provisions for care and replacement; and
(8) Any other matters the developer deems appropriate.
Source
Laws 1980, LB 945, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1709 - Time-share estate program; instruments; developer-control period.

76-1709.
Time-share estate program; instruments; developer-control period.
(1) The time-share instruments for a time-share estate program may provide for a period of time, known as the developer-control period, during which the developer or a managing agent selected by the developer shall manage the time-share program and the units in the time-share program.
(2) If the time-share instruments for a time-share estate program provide for the establishment of a developer-control period, they shall include, but not be limited to, provisions for the following:
(a) Termination of the developer-control period by action of the association;
(b) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer-control period; and
(c) A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program.
Source
Laws 1980, LB 945, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1710 - Instruments for time-share use; contents.

76-1710.
Instruments for time-share use; contents.
Project instruments and time-share instruments creating time-share uses shall contain the following:
(1) Identification by name of the time-share project and street address where the time-share project is situated;
(2) Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed to the time-share program;
(3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted, or substituted; and
(4) Any other matters that the developer deems appropriate.
Source
Laws 1980, LB 945, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1713 - Public-offering statement; general provisions; enumerated.

76-1713.
Public-offering statement; general provisions; enumerated.
A public-offering statement shall be provided to each purchaser of a time-share interval at the time of purchase and shall fully and accurately disclose:
(1) The name of the developer and the principal address of the developer and the time-share intervals offered in the statement;
(2) A general description of the units including, without limitation, the developer's schedule of commencement and completion of all buildings, units, and amenities or if completed that they have been completed;
(3) As to all units offered by the developer in the same time-share project: (a) The types and number of units; (b) identification of units that are subject to time-share intervals; and (c) the estimated number of units that may become subject to time-share intervals;
(4) A brief description of the project;
(5) If applicable, any current budget and a projected budget for the time-share intervals for one year after the date of the first transfer to a purchaser. The budget shall include, without limitation: (a) A statement of the amount, or a statement that there is no amount, included in the budget as a reserve for repairs and replacement; (b) the projected common expense liability if any by category of expenditures for the time-share intervals; (c) the projected common expense liability for all time-share intervals; and (d) a statement of any services not reflected in the budget that the developer provides or expenses that it pays;
(6) Any initial or special fee due from the purchaser at closing, together with a description of the purpose and method of calculating the fee;
(7) A description of any liens, defects, or encumbrances on or affecting the title to the time-share intervals;
(8) A description of any financing offered by the developer;
(9) A statement that within three business days after receipt of the public-offering statement a purchaser may cancel any contract for purchase of a time-share interval from a developer;
(10) A statement of any pending suits material to the time-share intervals of which a developer has actual knowledge;
(11) Any restraints on alienation of any number or portion of any time-share intervals;
(12) A description of the insurance coverage, or a statement that there is no insurance coverage, provided for the benefit of time-share interval owners;
(13) Any current or expected fees or charges to be paid by time-share interval owners for the use of any facilities related to the property;
(14) The extent to which financial arrangements have been provided for completion of all promised improvements; and
(15) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit.
Source
Laws 1980, LB 945, § 13;
Laws 2001, LB 68, § 6.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1714 - Public-offering statement; exchange-of-occupancy rights; disclosure provisions.

76-1714.
Public-offering statement; exchange-of-occupancy rights; disclosure provisions.
If the owners of time-share intervals are to be permitted or required to become members of or to participate in any program for the exchange-of-occupancy rights among themselves or with the owners of time-share intervals of other time-share projects, or both, the public-offering statement or a supplement delivered therewith shall fully and accurately disclose:
(1) The identity of the person operating the exchange program and whether that person is an affiliate of the developer;
(2) A general description of the procedures to qualify for and effectuate exchanges, including any stated or practiced priorities and restrictions, and the extent to which changes thereof may be made, whether membership or participation in the exchange program, or both, are voluntary or mandatory, and a statement of the disposition, if any, of the unused exchange time-share interval of the exchange agent;
(3) The expenses, or ranges of expenses, to the time-share interval owners of membership in the exchange program including the expenses, if any, of exchanging as of a date not more than one year before the public-offering statement is delivered to the purchaser, and the person to whom those expenses are payable;
(4) Whether and how any of the expenses specified in subdivision (3) of this section may be altered and, if any of them are to be fixed on a case-by-case basis, the manner in which they are to be fixed in each case;
(5) With respect to the owners of time-share intervals in the exchange program, the geographical location of each time-share project and the minimum duration of time-share intervals and number of time-share interval owners in the exchange program at each project during a calendar year ending not more than fifteen months before the public-offering statement is delivered to the purchaser;
(6) The percentage of exchanges properly applied for by members of participants in the exchange program that were fulfilled during a calendar year ending not more than fifteen months before the date the public-offering statement is delivered to the purchaser, together with a statement of the criteria used to determine whether an exchange was properly applied for and fulfilled;
(7) The number of persons applying for an exchange as a percentage of the number of members in the exchange program as a whole during the calendar year ending not more than fifteen months before the public-offering statement is delivered to the purchaser; and
(8) In those cases in which the exchange agent is not an affiliate of the developer, the exchange agent shall provide the developer with all of the information contained in subdivisions (2) to (7) of this section which it shall certify as being true, accurate, and complete in all particulars. The developer shall include the certified information in the public-offering statement as replacement for the developer's disclosures required by this section.
Source
Laws 1980, LB 945, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1715 - Escrow of deposits; surety bond.

76-1715.
Escrow of deposits; surety bond.
(1) Any deposit made in connection with the purchase or reservation of a time-share interval from a developer shall be placed in escrow, in an account designated solely for that purpose, in an institution whose accounts are insured by a governmental agency or instrumentality, until (a) delivered to the developer at the expiration of the time for rescission or any later time specified in any contract or sale, (b) delivered to the developer because of the purchaser's default under a contract to purchase the time-share interval, or (c) refunded to the purchaser. The developer shall register such escrow bank account with the commission and authorize the commission to examine the account.
(2) The escrow account shall be held in this state, except that the escrow account may be held in another state where the time-share project is located if (a) the account is designated solely for that purpose and is insured by a governmental agency or instrumentality, (b) the escrow agent is subject to the personal jurisdiction and venue of the district court in Nebraska located in the county of the purchaser's residence or principal office, and (c) the commission is authorized to examine the account.
(3) In lieu of placing deposits in an escrow account, the commission may accept from the developer a surety bond, issued by a company authorized and licensed to do business in this state, in an amount equal to fifty thousand dollars to cover any default by the developer to refund a deposit made in connection with a purchase or reservation of a time-share interval.
Source
Laws 1980, LB 945, § 15;
Laws 2001, LB 68, § 7.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1716 - Mutual right of cancellation.

76-1716.
Mutual right of cancellation.
(1) Before transfer of a time-share interval and no later than the date of any sales contract, the developer shall provide the intended transferee with a copy of the public-offering statement and any amendments and supplements thereto. The contract shall be voidable by the purchaser until he or she has received the public-offering statement and for three business days thereafter. Cancellation shall be without penalty, and all payments made by the purchaser before cancellation shall be refunded within thirty days after receipt of the notice of cancellation as provided in subsection (3) of this section.
(2) Up to three business days after the receipt by the purchaser of the public-offering statement, the developer may cancel the contract of purchase without penalty to either party. The developer shall return all payments made and the purchaser shall return all materials received in good condition, reasonable wear and tear excepted. If such materials are not returned, the developer may deduct the cost of the same and return the balance to the purchaser.
(3) If either party elects to cancel a contract pursuant to subsection (1) or (2) of this section, he or she may do so by hand-delivering notice thereof to the other party or by mailing notice thereof by prepaid United States mail to the other party or to his or her agent for service of process.
Source
Laws 1980, LB 945, § 16;
Laws 2001, LB 68, § 8.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1717 - Other filings not required; not treated as a security.

76-1717.
Other filings not required; not treated as a security.
(1) Any time-share program registered with the commission in which a public-offering statement has been prepared does not require registration under any other state statute.
(2) Any time-share program that fails to restrict the price at which an owner may sell or exchange his or her time-share interval shall not by virtue of such failure cause the time-share interval to become a security under the Securities Act of Nebraska nor shall an exchange agent offering such a time-share interval for exchange be construed to be offering a security under such act.
Source
Laws 1980, LB 945, § 17.
Cross References
Securities Act of Nebraska, see section 8-1123.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1718 - Public-offering statement; not required; when.

76-1718.
Public-offering statement; not required; when.
The developer shall not be required to prepare and distribute a public-offering statement if the developer has registered and there has been issued a public-offering statement or similar disclosure document which is provided to purchasers under the following:
(1) The Securities and Exchange Act of 1933;
(2) The federal Interstate Land Sales Full Disclosure Act in which the time-share program is made a part of the subdivision that is being registered; or
(3) Any federal act or act of the state where the time-share project is located which requires a federal or state public-offering statement or similar disclosure document to be prepared and provided to purchasers.
Source
Laws 1980, LB 945, § 18;
Laws 2001, LB 68, § 9.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1719 - Public-offering statement; cases in which not required.

76-1719.
Public-offering statement; cases in which not required.
A public-offering statement need not be prepared or delivered in the case of:
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition of a time-share interval in a time-share project situated wholly outside this state if all solicitations, negotiations, offerings, and contacts took place wholly outside this state and the contract was executed wholly outside this state;
(6) A gratuitous transfer of a time-share interval; or
(7) Group reservations made for fifteen or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations, when deposits are made and held for more than three years in advance.
Source
Laws 1980, LB 945, § 19;
Laws 2001, LB 68, § 10.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1720 - Public-offering statement; material change; amend or supplement.

76-1720.
Public-offering statement; material change; amend or supplement.
The developer shall amend or supplement the public-offering statement to report any material change in the information required by sections 76-1713 and 76-1714. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received.
Source
Laws 1980, LB 945, § 20.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1721 - Liens.

76-1721.
Liens.
(1) Unless the purchaser expressly agrees to take subject to or assume a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval, or shall provide a surety bond or insurance against the lien.
(2) Unless a time-share interval owner or his or her predecessor in title agree otherwise with the lienor, if a lien other than an underlying mortgage or deed of trust becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of his or her time-share interval from the lien upon payment of the amount of the lien attributable to his or her time-share interval. The amount of the payment shall be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity shall not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
Source
Laws 1980, LB 945, § 21.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1722 - Effect of violation on rights of action; attorney's fees; violations; penalties; enforcement.

76-1722.
Effect of violation on rights of action; attorney's fees; violations; penalties; enforcement.
(1) If a developer or any other person subject to the Nebraska Time-Share Act violates any provision thereof or any provision of the project instruments, any person or class of persons damaged or otherwise adversely affected by the violation shall have a claim for appropriate relief, which may be brought in the county where the cause of action or part of the cause of action arose. The court may render any contract entered into in this state in violation of the act void and unenforceable and any money paid under such contract, together with interest at the rate of six percent per annum, may be recovered from the date of such payment or such violation, whichever is later. The court may also award such person or class of persons reasonable attorney's fees.
(2)(a) Any developer or any other person subject to the act who offers or disposes of a time-share interval without having complied with the act or who violates any provision of the act shall be guilty of a Class I misdemeanor.
(b) Any person acting as a sales agent without having first obtained a real estate broker or salesperson license shall be guilty of a Class II misdemeanor.
(3) Whenever, in the judgment of the commission, any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of the act, the Attorney General may maintain an action in the name of the State of Nebraska, in the district court of the county wherein such violation or threatened violation occurred, to abate and temporarily and permanently enjoin such acts and practices and to enforce compliance with the provisions of the act. The plaintiff shall not be required to give any bond nor shall any court costs be adjudged against the plaintiff.
(4) The commission by and through its director may prefer a complaint for violation of the act.
Source
Laws 1980, LB 945, § 22;
Laws 2001, LB 68, § 11.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1723 - Statutes of limitations.

76-1723.
Statutes of limitations.
A judicial proceeding in which the accuracy of the public-offering statement or validity of any contract of purchase is in issue or in which a rescission of the contract or damages is sought shall be commenced within four years after the date of the contract of purchase, notwithstanding that the purchaser's terms of payments may extend beyond the period of limitation except that, with respect to the enforcement of provisions in the contract of purchase which require the continued furnishing of services and the reciprocal payments to be made by the purchaser, the period for bringing a judicial proceeding will continue for a period of four years for each breach, but the parties may agree in writing to reduce the period of limitation to not less than two years.
Source
Laws 1980, LB 945, § 23.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1724 - Financial records.

76-1724.
Financial records.
The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records. All financial and other records shall be made reasonably available for examination by any time-share interval owner and his or her authorized agents.
Source
Laws 1980, LB 945, § 24.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1725 - Commission; powers.

76-1725.
Commission; powers.
(1) The commission may adopt, amend, and repeal rules and regulations and issue orders consistent with, and in furtherance of the objectives of the Nebraska Time-Share Act. The commission may prescribe forms and procedures for submitting information to the commission.
(2) The commission may accept grants-in-aid from any governmental source and may contract with agencies charged with similar functions in other jurisdictions in furtherance of the objectives of the act.
(3) The commission may cooperate with agencies performing similar functions in this and other jurisdictions to develop uniform filing procedures and forms, uniform disclosure standards, and uniform administrative practices, and may develop information that may be useful in the discharge of the commission's duties.
(4) The commission may initiate private investigations within or outside this state.
Source
Laws 1980, LB 945, § 25;
Laws 2001, LB 68, § 12.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1726 - Commission; notice of suspension; conditions; cease and desist order; revocation order.

76-1726.
Commission; notice of suspension; conditions; cease and desist order; revocation order.
(1) The commission, after notice and hearing, may issue a notice of suspension if any of the following conditions exist:
(a) Any representation in any document or information filed with the commission is false or misleading;
(b) Any developer or agent of the developer has engaged or is engaging in any unlawful act or practice;
(c) Any developer or agent of the developer has disseminated or caused to be disseminated orally or in writing any false or misleading promotional materials in connection with a time-share program;
(d) Any developer or agent of the developer has concealed, diverted, or disposed of any funds or assets of any person in a manner impairing rights of purchasers of time-share intervals in the time-share program;
(e) Any developer or agent of the developer has failed to perform any stipulation or agreement made to induce the commission to issue an order relating to the time-share program; or
(f) Any developer or agent of the developer has otherwise violated any provision of the Nebraska Time-Share Act or the commission's rules and regulations or orders.
(2) The commission may issue a cease and desist order if the developer has not registered the time-share program as required by the act.
(3) The commission, after notice and hearing, may issue an order revoking the registration of a time-share program upon determination that a developer or agent of the developer has failed to comply with a notice of suspension issued by the commission affecting the time-share program.
Source
Laws 1980, LB 945, § 26;
Laws 2001, LB 68, § 13.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1727 - Time-share interval; offer or sale; restrictions.

76-1727.
Time-share interval; offer or sale; restrictions.
A developer shall not offer or dispose of a time-share interval:
(1) If the time-share program is not registered with the commission and not otherwise exempted under section 76-1738, except that a developer may accept a reservation together with a deposit if the deposit is placed in an escrow account with an institution having trust powers and is refundable at any time at the purchaser's option. In all cases, a reservation shall require a subsequent affirmative act by the purchaser by a separate instrument to create a binding obligation;
(2) While an order revoking or suspending the registration of the time-share program is in effect; or
(3) If the developer has not designated a duly licensed Nebraska real estate broker who accepts responsibility for the developer's actions in this state.
Source
Laws 1980, LB 945, § 27;
Laws 2001, LB 68, § 14.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1728 - Acquisition agent; register information; bond.

76-1728.
Acquisition agent; register information; bond.
An acquisition agent, including the developer if it is also the acquisition agent, shall register with the commission the time-share program or programs that it is providing prospective purchasers for, its principal office address and telephone number, and designate who its responsible managing employee is. The acquisition agent shall furnish evidence that a bond of five thousand dollars has been placed with a surety company or a cash bond with the commission to cover any violations of any solicitation ordinances, zoning ordinances, building codes, or other regulations governing the use of the premise or premises in which the time-share program is promoted.
Source
Laws 1980, LB 945, § 28.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1729 - Sales agent; register information; bond.

76-1729.
Sales agent; register information; bond.
A sales agent, including the developer if it is also the sales agent, shall register with the commission the time-share program or programs that it is selling, its principal office address and telephone number, and designate who its responsible managing employee is and any special escrow accounts set up for the deposit and collection of purchasers' funds. The sales agent shall furnish evidence that a bond of five thousand dollars has been placed with a surety company or a cash bond with the commission to cover any defalcations of the sales agent.
Source
Laws 1980, LB 945, § 29.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1730 - Managing agent; register information; bond.

76-1730.
Managing agent; register information; bond.
A managing agent, including the developer if it is also the managing agent, shall register with the commission the time-share program or programs that it is managing, its principal office address and telephone number, and designate who its responsible managing employee is. The managing agent shall furnish evidence that a bond of five thousand dollars has been placed with a surety company or a cash bond with the commission to cover any default of the managing agent of his or her duties and responsibilities.
Source
Laws 1980, LB 945, § 30.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1731 - Bonds; consolidation.

76-1731.
Bonds; consolidation.
If the acquisition agent, sales agent, and management agent are under the control of, subsidiary of, or affiliate of the developer or any other person, the bonds required by sections 76-1728 to 76-1730 may be consolidated and reduced to ten thousand dollars if there is a disclosure of the affiliation and the disclosures required by sections 76-1728 to 76-1730.
Source
Laws 1980, LB 945, § 31.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1732 - Exchange agent; file information.

76-1732.
Exchange agent; file information.
An exchange agent, including the developer who is also the exchange agent, shall file a statement with the commission containing a list of time-share programs for which it is offering exchange services, its principal office address and telephone number, a designation of its responsible managing employee or person with whom any contact is to be made, and the information required in subdivisions (1) through (7) of section 76-1714. Such statement may omit any information which the exchange agent certifies in writing to the developer and which the developer includes in the public-offering statement.
Source
Laws 1980, LB 945, § 32;
Laws 2001, LB 68, § 15.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1733 - Acquisition agent; sales agent; maintain records.

76-1733.
Acquisition agent; sales agent; maintain records.
The acquisition agent and sales agent shall each maintain their respective records of any independent contractors employed by them, their addresses, and commissions paid for the immediately preceding two calendar years.
Source
Laws 1980, LB 945, § 33.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1734 - Application for registration; contents; fees; certificate of registration; report; investigation.

76-1734.
Application for registration; contents; fees; certificate of registration; report; investigation.
(1) An application for registration shall contain the public-offering statement, a brief description of the property, copies of time-share instruments, a certified, audited financial statement fully and fairly disclosing the current financial condition of the developer, and any documents referred to therein and such other information as may be required by the commission. In lieu of a certified, audited financial statement of the developer, the commission may accept a current audited consolidated financial statement which includes the financial condition of the developer and is accompanied by a statement from the developer's parent organization, in a form approved by the commission, that guarantees the developer's performance on any obligation under the Nebraska Time-Share Act or as contracted by the developer.
(2) Such application shall be accompanied by a filing fee of two hundred dollars plus five dollars for each twenty-five time-share intervals or portions thereof. If the application is approved, the commission shall issue a certificate of registration to the applicant. After issuance of a certificate, an annual fee of fifty dollars plus five dollars for each twenty-five time-share intervals or fraction thereof computed on the number of time-share intervals in the original application shall be due and payable on or before January 1 of each year. The annual fee for each time-share program shall not exceed one thousand five hundred dollars. Failure to remit annual fees when due shall automatically cancel the certificate, but otherwise such certificate shall remain in full force and effect if the commission determines from satisfactory investigation that such certificate should be renewed.
(3) Before issuing the renewal certificate each year, the certificate holder shall furnish to the commission, on or before January 1 of each year, an annual report of all purchases and reservations made by the developer or its agents to any person with a residence, primary place of business, or mailing address in this state and any other information requested by the commission. The annual report shall (a) include the amount of any deposit required to be made in connection with the purchase or reservation of a time-share interval from the developer and (b) cover the twelve-month period ending October 31 immediately preceding the annual report.
(4) The commission shall thoroughly investigate all matters relating to the application and may require a personal inspection of the real estate by a person or persons designated by it. All expenses incurred by the commission in investigating such real estate and the proposed sale thereof in this state shall be borne by the applicant and the commission shall require a deposit sufficient to cover such expenses prior to incurring such expenses.
Source
Laws 1980, LB 945, § 34;
Laws 2001, LB 68, § 16;
Laws 2004, LB 845, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1735 - Commission; regulation of public-offering statement.

76-1735.
Commission; regulation of public-offering statement.
(1) The commission at any time may require a developer to alter or supplement the form or substance of a public-offering statement to assure adequate and accurate disclosure to prospective purchasers.
(2) The public-offering statement may not be used for any promotional purposes before registration and afterwards only if it is used in its entirety. No person shall advertise or represent that the commission has approved or recommended the time-share program, the disclosure statement, or any of the documents contained in the application for registration.
(3) No developer or sales agent shall in any manner refer to the commission or any member or employee thereof in selling, offering for sale, or advertising or otherwise promoting the sale of time-share intervals, nor make any representation whatsoever that such development has been inspected or approved or otherwise passed upon by the commission or any other state official, department, or employee.
Source
Laws 1980, LB 945, § 35.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1736 - Receipt of application; effectiveness of registration.

76-1736.
Receipt of application; effectiveness of registration.
(1) Except as provided in subsection (2) of this section, the effective date of the registration, or any amendment thereto, shall be the sixtieth day after the filing thereof or such earlier date as the commission may determine, having due regard to the public interest and the protection of purchasers. If any amendment to any such registration is filed prior to the effective date, the registration shall be deemed to have been filed when such amendment was filed.
(2) If it appears to the commission that the application for registration, or any amendment thereto, is on its face incomplete or inaccurate in any material respect, the commission shall notify the developer prior to the date the registration would otherwise be effective. Such notification shall serve to suspend the effective date of the filing until the sixtieth day after the developer files such additional information as the commission shall require. If the developer fails to provide additional information as required by the commission within ninety days after receiving notice, the commission may deny the application or amendment. Any developer, upon receipt of such notice of suspension may request a hearing, and such hearing shall be held within forty-five days after receipt of such request.
(3) If an application or amendment is denied by the commission, the developer shall submit a new application for registration or amendment and any filing fees pursuant to section 76-1734.
Source
Laws 1980, LB 945, § 36;
Laws 2001, LB 68, § 17.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1737.01 - Developer; time-share interval; duties; violation.

76-1737.01.
Developer; time-share interval; duties; violation.
Notwithstanding any obligations placed upon other persons pursuant to the Nebraska Time-Share Act, the developer shall supervise, manage, and control all aspects of the offering of a time-share interval, including, but not limited to, promotion, advertising, contracting, and closing. Any violation of this section which occurs during such offering shall be a violation by the developer as well as by the person actually committing such violation.
Source
Laws 2001, LB 68, § 19.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1738 - Registration; exemptions; exception.

76-1738.
Registration; exemptions; exception.
No registration with the commission shall be required in the case of:
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his or her agent;
(2) Any disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition of a time-share interval in a time-share project situated wholly outside this state if all solicitations, negotiations, offerings, and contacts took place wholly outside this state and the contract was executed wholly outside this state;
(6) A gratuitous transfer of a time-share interval;
(7) Group reservations made for fifteen or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance; or
(8) Any offering, other than through an individual while located in this state, of a time-share interval for a time-share project situated wholly outside this state if the offer states that the time-share interval is in compliance with the law of the jurisdiction in which the time-share interval is located.
A reservation pursuant to section 76-1727 may be taken as a result of an exempt offering if the time-share program is registered prior to entering into any binding agreement with a purchaser, unless otherwise provided by the Nebraska Time-Share Act. For the purposes of subdivision (5) of this section and the act, an exempt offer is an offering.
Source
Laws 1980, LB 945, § 38;
Laws 2001, LB 68, § 18.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1739 - Financing of time-share programs; records; requirements.

76-1739.
Financing of time-share programs; records; requirements.
In the financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.
Source
Laws 1980, LB 945, § 39.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1740 - Rights under foreclosure.

76-1740.
Rights under foreclosure.
The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreement, or partial release of the lien as the time-share intervals are sold. In the alternative, the developer may obtain the agreement of the lienholder to take the project, in the event of default by the developer, subject to the rights of the nondefaulting purchasers by (1) posting a bond, equal to fifty percent of the amount owed to the lienholder, (2) making an assignment of receivables equal to one hundred twenty-five percent of the principal amounts due from purchasers, (3) pledging collateral security equal to one hundred percent of the amount owed to the lienholder, or (4) entering into any other financing plan or escrow agreement acceptable to the lienholder.
Source
Laws 1980, LB 945, § 40.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1741 - Lienholder; rights.

76-1741.
Lienholder; rights.
The lienholder in any time-share program shall have the following rights:
(1) A lienholder shall have his or her lien rights preserved as against any purchaser of time-share intervals claiming that the time-share instrument is invalid, void, or voidable thirty days after written notice by certified mail or personal delivery has been given by the developer to the purchaser. Such notice shall state that developer has assigned the receivables to the lienholder and that purchaser has thirty days within which to object and specify the invalidity or defect contained within such instrument; and
(2) Any purchaser who fails to indicate the invalidity, void, or voidableness as provided in subdivision (1) of this section waives or is estopped to raise the issue in any subsequent action for enforcement of the collection of the receivable by the lienholder.
Source
Laws 1980, LB 945, § 41.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1903 - Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.

76-1903.
Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.
(1) In any action for the foreclosure of a mortgage upon protected real estate, if the mortgaged premises are used in farming operations carried on by the mortgagor, the mortgagee shall, before the commencement of such action, send to the mortgagor written notice of right to cure.
(2) The notice of right to cure shall set forth:
(a) A statement identifying the mortgage instrument by stating the name of the mortgagor named therein and giving the book and page or computer system reference where the same is recorded, a brief description of the mortgaged premises, and a statement that a breach of an obligation contained in or secured by the mortgage has occurred, setting forth the nature of such breach and of the mortgagee's election to enforce the mortgage against the mortgaged premises;
(b) A statement that the mortgagor, his or her successor in interest in the mortgaged premises or any part thereof, or any other person having a subordinate lien or encumbrance of record thereon may, at any time within two months of the sending of the notice of right to cure, render to the mortgagee or his or her successor in interest full performance and payment of the entire amount then due under the terms of the mortgage and the obligation secured thereby, including costs and expenses actually incurred in enforcing the terms of such obligation and mortgage, including reasonable attorney's fees not exceeding one-half of one percent of the unpaid principal balance then due, and any reinstatement fee provided for under the terms of the mortgage or the obligation thereby secured, other than such portion of the principal as would not then be due had no default occurred, and thereby cure the default previously existing;
(c) A statement of the amount of the entire unpaid principal sum secured by the mortgage, the amount of interest accrued thereon to and including the date of notice, and the dollar amount of the per diem interest accruing from and after such date; and
(d) A statement of the amount of the unpaid principal which would not then be due had no default occurred.
(3) A copy of the notice of right to cure sent to the mortgagor shall be appended as an exhibit to the foreclosure petition filed with the court. The right to cure provided by this section shall expire two months from the date the notice of right to cure is sent to the mortgagor.
(4) If the default is cured prior to the expiration of the two-month period, any action previously commenced shall be dismissed and the mortgage and the obligation thereby secured shall be reinstated and shall be and remain in force and effect the same as if no default or acceleration had occurred.
Source
Laws 1986, Third Spec. Sess., LB 3, § 3.
2023 Nebraska Revised Statutes › Chapter 76 - Real Property › 76-1905 - Priority of liens.

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