reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-801 - Clothing; household goods; services thereon; sale; notice.

52-801.
Clothing; household goods; services thereon; sale; notice.
Any garment, clothing, wearing apparel, or household goods on which cleaning, pressing, glazing, or washing has been done, upon which alterations or repairs have been made, or on which materials or supplies have been used or furnished, remaining in the possession of a person, firm, partnership, limited liability company, or corporation for a period of ninety days or more, may be sold to pay the reasonable or agreed charges and the costs of notifying the owner or owners. The person, firm, partnership, limited liability company, or corporation to whom such charges are payable and owing shall first notify the owner or owners of the time and place of such sale. Property that is to be placed in storage after any of the services or labors mentioned in this section shall not be affected by the provisions of this section.
Source
Laws 1943, c. 120, § 1, p. 416;
R.S.1943, § 52-801;
Laws 1993, LB 121, § 309.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-802 - Clothing; household goods; storage; sale; notice.

52-802.
Clothing; household goods; storage; sale; notice.
All garments, clothing, wearing apparel, or household goods placed in storage or on which any of the services or labors mentioned in section 52-801 have been performed and then placed in storage by agreement and remaining in the possession of a person, firm, partnership, limited liability company, or corporation without the reasonable or agreed charges having been paid for a period of twelve months may be sold to pay the charges. The person, firm, partnership, limited liability company, or corporation to whom the charges are payable shall first notify the owner or owners thereof of the time and place of such sale. Persons, firms, partnerships, limited liability company, or corporations operating as warehouses or warehousemen shall not be affected by this section.
Source
Laws 1943, c. 120, § 2, p. 416;
R.S.1943, § 52-802;
Laws 1993, LB 121, § 310.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-803 - Sale; notice to owner; registered or certified mail; time of mailing.

52-803.
Sale; notice to owner; registered or certified mail; time of mailing.
The posting or mailing of either a registered or certified letter, with a return address marked thereon, addressed to the owner or owners at his, her, its, or their address, given at the time of the delivery of the article or articles to a person, firm, partnership, limited liability company, or corporation to render any of the services or labors as set out in sections 52-801 to 52-806, stating the time and place of sale, shall constitute notice under such sections. The notice shall be posted or mailed at least thirty days before the date of sale. The costs of posting or mailing the letter shall be added to the charges.
Source
Laws 1943, c. 120, § 3, p. 417;
R.S.1943, § 52-803;
Laws 1957, c. 242, § 44, p. 855;
Laws 1993, LB 121, § 311.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-804 - Sale; disposition of proceeds; when payable to owner.

52-804.
Sale; disposition of proceeds; when payable to owner.
The person, firm, partnership, limited liability company, or corporation to whom the charges are payable shall (1) deduct the charges due plus the costs of notifying the owner and the costs, if any, of publishing the notice of sale from the proceeds of such sale, (2) hold the overplus, if any, subject to the order of the owner, (3) immediately thereafter mail to the owner or owners thereof at such owner's or owners' address, if known, a notice stating the sale has been had, and (4) the amount of overplus, if any, due such owner or owners and, at any time within twelve months, upon demand by the owner or owners pay to the owner or owners the balance or overplus in the hands of such person, firm, partnership, limited liability company, or corporation.
Source
Laws 1943, c. 120, § 4, p. 417;
R.S.1943, § 52-804;
Laws 1993, LB 121, § 312.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-805 - Notice to be posted in place of business.

52-805.
Notice to be posted in place of business.
All persons, firms, partnerships, limited liability companies, or corporations taking advantage of sections 52-801 to 52-806 must keep posted at all times in a prominent place in their receiving office or offices two notices which shall read as follows: All articles cleaned, pressed, glazed, laundered, washed, altered, or repaired and not called for in ninety days will be sold to pay charges. All articles which are stored by agreement and upon which the charges are not paid for twelve months will be sold to pay charges.
Source
Laws 1943, c. 120, § 5, p. 417;
R.S.1943, § 52-805;
Laws 1993, LB 121, § 313.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-806 - Sale; where; when; notice by publication; notice by posting; contents.

52-806.
Sale; where; when; notice by publication; notice by posting; contents.
The sale of garments, clothing, wearing apparel or household goods, for failure to pay any of the charges provided for in sections 52-801 and 52-802, shall be held at the place where the work was done or the goods described therein were stored or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place, after the time for the payment of the claim, specified in the notice to the debtor, has lapsed and an advertisement or notice of sale has been published or posted as hereinafter provided. Notice of such sale shall be given by publication two successive weeks in a legal newspaper, of general circulation in the community in which such sale is to be held, or by posting such notice in not less than three conspicuous places in such community. Such notice of sale shall state the name of the owner or owners or the person or persons on whose account the goods are held, the nature of the personal property to be sold and the time and place of sale. The sale shall be held not less than fifteen days after the first publication or posting of such notice.
Source
Laws 1943, c. 120, § 6, p. 418;
R.S.1943, § 52-806.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-901 - Lien; scope.

52-901.
Lien; scope.
Any person who furnishes gasoline, diesel fuel, tractor fuel, oil, grease, or other petroleum products to another to be used in farm machinery for power or lubricating purposes in the production of any agricultural crop shall be entitled to a lien upon all such crops produced and owned by the person to whom such fuel or lubricant was furnished to secure the payment of the purchase price thereof, upon compliance with sections 52-901 to 52-904.
Source
Laws 1957, c. 226, § 1, p. 775;
Laws 2001, LB 54, § 9.
Annotations
Cattle may not be included within the meaning of "crops" as set out in statute providing that any person who furnishes petroleum products to another to be used in farm machinery for the production of any agricultural crops shall be entitled to a lien upon all such crops produced. O'Neill Production Credit Assn. v. Schnoor, 208 Neb. 105, 302 N.W.2d 376 (1981).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-902 - Lien; perfection; financing statement; filing; fee.

52-902.
Lien; perfection; financing statement; filing; fee.
A lien created under section 52-901 shall be perfected as provided in article 9, Uniform Commercial Code. Any financing statement filed to perfect such lien shall be filed within six months after the fuel or lubricant was furnished and shall contain or have attached thereto (1) the name and address and the social security number or federal tax identification number of the person claiming the lien, (2) the name and address and the social security number or federal tax identification number, if known, of the person to whom such fuel or lubricant was furnished for use in farm machinery in the production of crops, (3) the amount of fuel or lubricant furnished, and (4) the amount due for furnishing such fuel or lubricant. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person to whom the fuel or lubricant was furnished. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.
Source
Laws 1957, c. 226, § 2, p. 775;
Laws 1984, LB 808, § 4;
Laws 1988, LB 943, § 7;
Laws 1998, LB 1321, § 83;
Laws 1999, LB 550, § 18;
Laws 2001, LB 54, § 10.
Annotations
This section requires a provider of petroleum products to file his lien within six months after the fuel or lubricants are provided. Circle 76 Fertilizer v. Nelsen, 219 Neb. 661, 365 N.W.2d 460 (1985).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-903 - Lien; effect of filing; sale of crop, effect; enforcement.

52-903.
Lien; effect of filing; sale of crop, effect; enforcement.
From and after the date of the filing of the lien as provided in section 52-902, the person claiming the lien shall have a lien upon the crops produced and owned by the person to whom the fuel or lubricant was furnished to the amount of the purchase price of such fuel or lubricant so furnished to such person. In the event the person to whom such fuel or lubricant was furnished desires to sell or deliver any portion of the crops so produced, such person shall notify the purchaser or consignee that such fuel or lubricant bill has not been paid. Such lien shall shift to the purchase price thereof in the hands of such purchaser or consignee. In the event any portion of such crops is sold or consigned with the consent or knowledge of the person entitled to a lien thereon within six months after the date such fuel or lubricant was furnished, such lien shall not attach to any portion of such crops or to the purchase price thereof unless the person entitled to such lien notifies the purchaser in writing thereof. A lien created under section 52-901 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. Effective January 1, 2015, this section applies to a lien created under section 52-901 regardless of when the lien was created.
Source
Laws 1957, c. 226, § 3, p. 776;
Laws 1969, c. 436, § 5, p. 1465;
Laws 1987, LB 314, § 1;
Laws 1999, LB 550, § 19;
Laws 2001, LB 54, § 11;
Laws 2014, LB750, § 8;
Laws 2019, LB318, § 1.
Annotations
Purchase price, under this section, means more than money and may include credits applied to a debt. Galyen Petroleum Co. v. Svoboda, 222 Neb. 268, 383 N.W.2d 49 (1986).
Under former law, this section required that proceedings to foreclose a petroleum products lien be instituted within thirty days after the filing of the lien. Circle 76 Fertilizer v. Nelsen, 219 Neb. 661, 365 N.W.2d 460 (1985).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-904 - Lien; innocent purchaser protected; not applicable to landlord's share; not assignable.

52-904.
Lien; innocent purchaser protected; not applicable to landlord's share; not assignable.
A lien created under section 52-901 shall not attach to any portion of such crops, in the hands of an innocent purchaser or dealer in the usual course of trade, unless all the notices provided for shall have been given. In the event the fuel or lubricant was furnished to a person on rented or leased land, the lien shall not apply to the landlord's or lessor's share of the crops produced. The lien shall not be assignable.
Source
Laws 1957, c. 226, § 4, p. 776;
Laws 2001, LB 54, § 12.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-905 - Lien satisfied; financing statement; termination.

52-905.
Lien satisfied; financing statement; termination.
When a lien created under section 52-901 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 1985, LB 606, § 13;
Laws 1988, LB 943, § 8;
Laws 1999, LB 550, § 20;
Laws 2001, LB 54, § 13;
Laws 2014, LB750, § 9.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1001 - Federal liens; notice; filing.

52-1001.
Federal liens; notice; filing.
(1) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be presented in the office of the Secretary of State and may be presented by electronic means. Such notices of liens and certificates and notices affecting the liens shall be transmitted by the Secretary of State to and filed in the office of the register of deeds by the register of deeds of the county or counties in which the real property subject to the lien is situated as designated in the notice of lien or certificate or notice affecting the lien. A lien subject to this subsection shall be effective upon real property when filed by the register of deeds as provided in this subsection.
(2) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the Secretary of State and may be filed by electronic means.
Source
Laws 1969, c. 433, § 1, p. 1456;
Laws 1971, LB 89, § 1;
Laws 1988, LB 933, § 3;
Laws 1993, LB 121, § 314;
Laws 1998, LB 1321, § 84;
Laws 1999, LB 550, § 21.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1002 - Certifications; filing.

52-1002.
Certifications; filing.
Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his or her delegate or by any official or entity of the United States responsible for filing or certifying notice of any other lien shall entitle them to be filed, and no other attestation, certification, or acknowledgment shall be necessary.
Source
Laws 1969, c. 433, § 2, p. 1457;
Laws 1988, LB 933, § 4.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1004 - Notice; filing; fees; billing.

52-1004.
Notice; filing; fees; billing.
(1) The uniform fee, payable to the Secretary of State, for presenting for filing and indexing and for filing and indexing each notice of lien or certificate or notice affecting the lien pursuant to the Uniform Federal Lien Registration Act shall be two times the fee required for recording instruments with the register of deeds as provided in section 33-109. There shall be no fee for the filing of a termination statement. The uniform fee for each county more than one designated pursuant to subsection (1) of section 52-1001 shall be the fee required for recording instruments with the register of deeds as provided in section 33-109. The Secretary of State shall remit each fee received pursuant to this subsection to the State Treasurer for credit to the Secretary of State Cash Fund, except that of the fees received pursuant to this subsection, the Secretary of State shall remit the fee required for recording instruments with the register of deeds as provided in section 33-109 to the register of deeds of a county for each designation of such county in a filing pursuant to subsection (1) of section 52-1001.
(2) The Secretary of State shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents presented or filed by them.
Source
Laws 1969, c. 433, § 4, p. 1458;
Laws 1984, LB 808, § 5;
Laws 1988, LB 933, § 6;
Laws 1998, LB 1321, § 86;
Laws 1999, LB 550, § 23;
Laws 2012, LB14, § 5;
Laws 2017, LB152, § 3;
Laws 2017, LB268, § 9;
Laws 2020, LB910, § 18.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1005 - Lien, notice, certificate; filed on or before January 1, 1970; filing officer; duties.

52-1005.
Lien, notice, certificate; filed on or before January 1, 1970; filing officer; duties.
Filing officers with whom notices of federal tax liens, certificates and notices affecting such liens have been filed on or before January 1, 1970, shall, after that date, continue to maintain a file labeled: Federal Tax Lien Notices Filed Prior to January 1, 1970; containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before January 1, 1970, any certificate or notice affecting the lien shall be filed in the same office.
Source
Laws 1969, c. 433, § 5, p. 1459.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1006 - Act, how construed.

52-1006.
Act, how construed.
The Uniform Federal Lien Registration Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of such act among states enacting it.
Source
Laws 1969, c. 433, § 6, p. 1459;
Laws 1988, LB 933, § 7.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1007 - Act, how cited.

52-1007.
Act, how cited.
Sections 52-1001 to 52-1008 shall be known and may be cited as the Uniform Federal Lien Registration Act.
Source
Laws 1969, c. 433, § 7, p. 1459;
Laws 1988, LB 933, § 8.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1008 - Lien satisfied; termination statement; procedure.

52-1008.
Lien satisfied; termination statement; procedure.
When a federal lien registered pursuant to the Uniform Federal Lien Registration Act is satisfied, the holder of the lien may on written demand by the debtor send the debtor a termination statement to the effect that he or she no longer claims a security interest under the lien, which shall be identified by file number.
On presentation to the register of deeds or to the Secretary of State of such a termination statement, he or she shall note it in the index. If the register of deeds or the Secretary of State has received the termination statement in duplicate, he or she shall return one copy of the termination statement to the lienholder stamped to show the time of receipt.
Source
Laws 1985, LB 606, § 14;
Laws 1988, LB 933, § 9;
Laws 1998, LB 1321, § 87;
Laws 1999, LB 550, § 24.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1101 - Lien; scope.

52-1101.
Lien; scope.
A person, including a firm or corporation, who contracts or agrees with another (1) to furnish any fertilizer, soil conditioner, or agricultural chemical, (2) to furnish machinery and equipment for the application of such products, or (3) to perform work or labor in the application of such products shall have a lien for the agreed charges, or in the absence of an agreement, for the reasonable charges and costs of satisfying such lien, upon the crops produced within one year upon the land where such product was applied, the machinery or equipment for application was used, or the work or labor of application was performed, upon the proceeds from the sale of the crops, and upon livestock and the proceeds from the sale of such livestock when the crops have been fed to such livestock in a way that the identity of the crops has been lost.
Source
Laws 1977, LB 218, § 1;
Laws 1999, LB 550, § 25;
Laws 2001, LB 54, § 14.
Annotations
Under this section, a valid fertilizer lien is created at the time products, labor, or machinery is supplied, and section 52-1103 establishes the priority of that lien. A lien must be filed within sixty days of the delivery, or that lien, though still valid on crops produced within one year of the date the product was supplied and on proceeds for the sale of such crops, will not have priority over subsequent lienholders. Commerce Sav. Scottsbluff v. F.H. Schafer Elev., 231 Neb. 288, 436 N.W.2d 151 (1989).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1102 - Lien; perfection; financing statement; filing; fee.

52-1102.
Lien; perfection; financing statement; filing; fee.
A lien created under section 52-1101 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 (1) the name and address and the social security number or federal tax identification number, if known, of the person to whom any product, machinery, or equipment was furnished or for whom work or labor was performed, (2) the name and address and the social security number or federal tax identification number of the person claiming the lien, (3) the last date upon which such product, machinery, or equipment was furnished or work or labor was performed under the contract, and (4) the amount due for the product, machinery, or equipment furnished or work or labor performed. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person to whom the product, machinery, or equipment was furnished or for whom the work or labor was performed. The fee for filing, amending, or releasing such lien shall be the same as set forth in section 9-525, Uniform Commercial Code.
Source
Laws 1977, LB 218, § 2;
Laws 1984, LB 808, § 6;
Laws 1988, LB 943, § 9;
Laws 1998, LB 1321, § 88;
Laws 1999, LB 550, § 26;
Laws 2001, LB 54, § 15.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1103 - Lien; time for filing; date of attachment; enforcement.

52-1103.
Lien; time for filing; date of attachment; enforcement.
In order to be valid against subsequent lienholders, any lien created under section 52-1101 shall be filed within one hundred twenty days after the last date upon which the product, machinery, or equipment was furnished or work or labor was performed under the contract, but in no event shall it have priority over prior lienholders unless prior lienholders have agreed to the contract in writing. Such lien shall attach as of the date of filing. Such 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. Effective January 1, 2015, this section applies to a lien created under section 52-1101 regardless of when the lien was created.
Source
Laws 1977, LB 218, § 3;
Laws 1999, LB 550, § 27;
Laws 2001, LB 54, § 16;
Laws 2014, LB750, § 10;
Laws 2021, LB177, § 1.
Annotations
Under section 52-1101, a valid fertilizer lien is created at the time products, labor, or machinery is supplied, and this section establishes the priority of that lien. A lien must be filed within sixty days of the delivery, or that lien, though still valid on crops produced within one year of the date the product was supplied and on proceeds for the sale of such crops, will not have priority over subsequent lienholders. Commerce Sav. Scottsbluff v. F.H. Schafer Elev., 231 Neb. 288, 436 N.W.2d 151 (1989).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1104 - Lien satisfied; financing statement; termination.

52-1104.
Lien satisfied; financing statement; termination.
When a lien created under section 52-1101 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 1985, LB 606, § 15;
Laws 1988, LB 943, § 10;
Laws 1999, LB 550, § 28;
Laws 2001, LB 54, § 17;
Laws 2014, LB750, § 11.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1201 - Lien on crops; authorized.

52-1201.
Lien on crops; authorized.
Any person, including any public power district, cooperative, firm, or corporation, who contracts or agrees to furnish (1) seed to be sown or planted or (2) electrical power or energy, or both, used in the production of crops shall have a lien upon all crops produced from the seed furnished or produced with the electrical power or energy furnished to secure the payment of the purchase price of the seed or the cost of the electrical power or energy used.
Source
Laws 1985, LB 503, § 1;
Laws 2001, LB 54, § 18.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1202 - Lien; perfection; financing statement; filing; fee.

52-1202.
Lien; perfection; financing statement; filing; fee.
(1) A lien created under section 52-1201 shall be perfected as provided in article 9, Uniform Commercial Code. Such lien shall be perfected within one hundred twenty days after the last date on which (a) the seed was furnished or (b) the meter was read with respect to the electrical power or energy furnished.
(2) Any financing statement filed to perfect a lien created under section 52-1201 shall contain or have attached thereto (a) the name and address and the social security number or federal tax identification number of the person claiming the lien, (b) the name and address and the social security number or federal tax identification number, if known, of the person to whom the seed or electrical power or energy was furnished, (c) the contract price or reasonable value of the seed or electrical power or energy, and (d)(i) the type and amount of the seed and the date of delivery of the seed or (ii) the type and amount of the electrical power or energy and the period during which such power or energy was furnished. The failure to include the social security number or federal tax identification number shall not render any filing unperfected. At the time the lien is filed, the lienholder shall send a copy to the person to whom the seed or electrical power or energy was furnished. The fee for filing, amending, or releasing the lien shall be as provided in section 9-525, Uniform Commercial Code.
Source
Laws 1985, LB 503, § 2;
Laws 1988, LB 943, § 11;
Laws 1998, LB 1321, § 89;
Laws 1999, LB 550, § 29;
Laws 2001, LB 54, § 19;
Laws 2021, LB177, § 2.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1203 - Lien; date of attachment; enforcement.

52-1203.
Lien; date of attachment; enforcement.
A lien created under section 52-1201 shall attach on the date of filing and time thereof if shown. Such 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. Effective January 1, 2015, this section applies to a lien created under section 52-1201 regardless of when the lien was created.
Source
Laws 1985, LB 503, § 3;
Laws 1999, LB 550, § 30;
Laws 2001, LB 54, § 20;
Laws 2014, LB750, § 12.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1204 - Lien; priority.

52-1204.
Lien; priority.
A lien created under section 52-1201 shall have its priority established by the date and time of filing and shall not be prior to a properly attached and perfected lien or security interest created under the Uniform Commercial Code unless such priority shall be agreed upon in writing by the prior attached and perfected lienholder or secured party.
Source
Laws 1985, LB 503, § 4;
Laws 2001, LB 54, § 21.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1205 - Lien satisfied; financing statement; termination.

52-1205.
Lien satisfied; financing statement; termination.
When a lien created under section 52-1201 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 1988, LB 943, § 12;
Laws 1999, LB 550, § 31;
Laws 2001, LB 54, § 22;
Laws 2014, LB750, § 13.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1301 - Legislative intent.

52-1301.
Legislative intent.
It is the intent of the Legislature to adopt a central filing system for security interests relating to farm products pursuant to section 1324 of the Food Security Act of 1985, Public Law 99-198. It is also the intent of the Legislature that upon the adoption of the central filing system that security interest holders be encouraged to use such system in lieu of any other notice provided by section 1324 for farm products produced or located in the State of Nebraska which are included in the central filing system.
Source
Laws 1986, Third Spec. Sess., LB 1, § 1;
Laws 2007, LB124, § 58.
Annotations
Sections 52-1301 through 52-1321 were not intended to remove regular U.C.C. provisions regarding the creation, perfection, or priority of security interests. Battle Creek State Bank v. Preusker, 253 Neb. 502, 571 N.W.2d 294 (1997).
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1302 - Definitions, where found.

52-1302.
Definitions, where found.
For purposes of sections 52-1301 to 52-1322, unless the context otherwise requires, the definitions found in sections 52-1302.01 to 52-1311 shall be used.
Source
Laws 1986, Third Spec. Sess., LB 1, § 2;
Laws 1998, LB 924, § 19;
Laws 2003, LB 4, § 1;
Laws 2007, LB124, § 59.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1302.01 - Approved unique identifier, defined.

52-1302.01.
Approved unique identifier, defined.
Approved unique identifier means a number, combination of numbers and letters, or other identifier selected by the Secretary of State using a selection system or method approved by the Secretary of the United States Department of Agriculture.
Source
Laws 2007, LB124, § 60.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1303 - Buyer in the ordinary course of business, defined.

52-1303.
Buyer in the ordinary course of business, defined.
Buyer in the ordinary course of business shall mean a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products.
Source
Laws 1986, Third Spec. Sess., LB 1, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1304 - Central filing system, defined.

52-1304.
Central filing system, defined.
Central filing system shall mean the system for filing effective financing statements or notice of such financing statements established pursuant to section 52-1312 pursuant to section 1324 of the Food Security Act of 1985, Public Law 99-198.
Source
Laws 1986, Third Spec. Sess., LB 1, § 4.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1307 - Effective financing statement, defined.

52-1307.
Effective financing statement, defined.
Effective financing statement means a statement that:
(1) Is an original or reproduced copy thereof;
(2) Is filed by the secured party in the office of the Secretary of State;
(3) Is signed, authorized, or otherwise authenticated by the debtor, unless filed electronically, in which case the signature of the debtor shall not be required;
(4) Contains (a) the name and address of the secured party, (b) the name and address of the debtor, (c) the approved unique identifier of the debtor, (d) a description of the farm products subject to the security interest, (e) each county in Nebraska where the farm product is produced or located, (f) crop year unless every crop of the farm product in question, for the duration of the effective financing statement, is to be subject to the particular security interest, (g) further details of the farm product subject to the security interest if needed to distinguish it from other quantities of such product owned by the same person or persons but not subject to the particular security interest, and (h) such other information that the Secretary of State may require to comply with section 1324 of the Food Security Act of 1985, Public Law 99-198, or to more efficiently carry out his or her duties under sections 52-1301 to 52-1322;
(5) Shall be amended in writing, within three months, and signed, authorized, or otherwise authenticated by the debtor and filed, to reflect material changes. A change in the name or address of the secured party shall not constitute a material change. If the statement is filed electronically, the signature of the debtor shall not be required;
(6) Remains effective for a period of five years from the date of filing, subject to extensions for additional periods of five years each by refiling or filing a continuation statement within six months before the expiration of the five-year period;
(7) Lapses on either the expiration of the effective period of the statement or the filing of a notice signed by the secured party that the statement is terminated, whichever occurs first;
(8) Is accompanied by the requisite filing fee set by section 52-1313; and
(9) Substantially complies with the requirements of this section even though the statement contains minor errors that are not seriously misleading.
An effective financing statement properly filed with a social security number or an Internal Revenue Service taxpayer identification number shall maintain its effectiveness regardless that such numbers are not required on such statement.
An effective financing statement may, for any given debtor or debtors, cover more than one farm product located in more than one county.
Source
Laws 1986, Third Spec. Sess., LB 1, § 7;
Laws 1998, LB 924, § 20;
Laws 1998, LB 1321, § 90;
Laws 1999, LB 552, § 1;
Laws 2002, LB 1105, § 439;
Laws 2003, LB 4, § 2;
Laws 2007, LB124, § 61;
Laws 2015, LB464, § 1;
Laws 2017, LB142, § 1.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1308 - Farm product, defined.

52-1308.
Farm product, defined.
Farm product shall mean an agricultural commodity, a species of livestock used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, that is in the possession of a person engaged in farming operations. Farm products shall include, but are not limited to, apples, artichokes, asparagus, barley, bees, buffalo, bull semen, cantaloupe, carrots, cattle and calves, chickens, corn, cucumbers, dry beans, dry peas and lentils, eggs, embryos or genetic products, emu, fish, flax seed, goats, grapes, hay, hemp, hogs, honey, honeydew melon, horses, llamas, milk, millet, muskmelon, oats, onions, ostrich, popcorn, potatoes, pumpkins, raspberries, rye, safflower, seed crops, sheep and lambs, silage, sorghum grain, soybeans, squash, strawberries, sugar beets, sunflower seeds, sweet corn, tomatoes, trees, triticale, turkeys, vetch, walnuts, watermelon, wheat, and wool. The Secretary of State may, by rule and regulation, add other farm products to the list specified in this section if such products are covered by the general definition provided by this section.
Source
Laws 1986, Third Spec. Sess., LB 1, § 8;
Laws 2007, LB124, § 62;
Laws 2016, LB1035, § 1;
Laws 2020, LB803, § 22;
Laws 2020, LB909, § 46.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1309 - Person, defined.

52-1309.
Person, defined.
Person shall mean any individual, partnership, limited liability company, corporation, trust, or any other business entity.
Source
Laws 1986, Third Spec. Sess., LB 1, § 9;
Laws 1993, LB 121, § 315.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1311 - Selling agent, defined.

52-1311.
Selling agent, defined.
Selling agent shall mean any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations.
Source
Laws 1986, Third Spec. Sess., LB 1, § 11.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1313 - Filing of effective financing statement; fees.

52-1313.
Filing of effective financing statement; fees.
(1) Presentation for filing of an effective financing statement and the acceptance of the statement by the Secretary of State constitutes filing under sections 52-1301 to 52-1322.
(2) The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing of an effective financing statement, an amendment, or a continuation statement shall be fourteen dollars if the record is communicated in writing and eleven dollars if the record is communicated by another medium authorized by the Secretary of State. There shall be no fee for the filing of a termination statement.
(3) The Secretary of State shall remit any fees received pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 1986, Third Spec. Sess., LB 1, § 13;
Laws 1998, LB 924, § 22;
Laws 1998, LB 1321, § 92;
Laws 2003, LB 4, § 3;
Laws 2004, LB 1099, § 1;
Laws 2007, LB124, § 64;
Laws 2020, LB910, § 20.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1313.01 - Effective financing statements; electronic access; fees.

52-1313.01.
Effective financing statements; electronic access; fees.
(1) The record of effective financing statements maintained by the Secretary of State may be made available electronically through the portal established under section 84-1204. For batch requests, there shall be a fee of two dollars per requested effective financing statement record accessed through the portal, except that the fee for a batch request for one thousand or more effective financing statements shall be two thousand dollars. Effective financing statement data accessed through the portal shall be for informational purposes only and shall not provide the protection afforded a buyer registered pursuant to section 52-1312.
(2) All fees collected pursuant to this section shall be deposited in the Records Management Cash Fund and shall be distributed as provided in any agreements between the State Records Board and the Secretary of State.
Source
Laws 1998, LB 924, § 23;
Laws 2012, LB719, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1314 - Filing of continuation statement; requirements; insolvency proceedings; effect.

52-1314.
Filing of continuation statement; requirements; insolvency proceedings; effect.
(1) A continuation statement may be filed by the secured party within six months prior to the expiration of the five-year period specified in subdivision (6) of section 52-1307. Any such continuation statement shall be signed, authorized, or otherwise authenticated by the secured party, identify the original statement by file number, and state that the original statement is still effective. Upon timely filing of the continuation statement, the effectiveness of the original statement shall be continued for five years after the last date to which the filing was effective whereupon it shall lapse unless another continuation statement is filed prior to such lapse. If an effective financing statement exists at the time insolvency proceedings are commenced by or against the debtor, the effective financing statement shall remain effective until termination of the insolvency proceedings and thereafter for a period of sixty days or until the expiration of the five-year period, whichever occurs later. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement.
(2) Any continuation statement that is filed electronically shall include an electronic signature of the secured party which may consist of a signature recognized under section 86-611 or an access code or any other identifying word or number assigned by the Secretary of State that is unique to a particular filer.
Source
Laws 1986, Third Spec. Sess., LB 1, § 14;
Laws 1999, LB 552, § 2;
Laws 2002, LB 1105, § 440;
Laws 2007, LB124, § 65.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1315 - Notice of lapse of effective financing statement; waiver of notice; effect.

52-1315.
Notice of lapse of effective financing statement; waiver of notice; effect.
(1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party shall notify the debtor in writing of his or her right to have a notice of lapse of his or her effective financing statement filed which shall lead to the removal of his or her name from the files and lists compiled by the Secretary of State. In lieu of such notice, the secured party may acquire a waiver of the debtor of such right and a request by the debtor that his or her effective financing statement be retained on file. Such notice may be given or waiver acquired by the secured party at any time prior to the time specified in this subsection for giving the notice.
(2) If the secured party does not furnish the notice or obtain the waiver specified in subsection (1) of this section, the secured party shall, within ten days of final payment of all secured obligations, provide the debtor with a written notification of the debtor's right to have a notice of lapse filed. The secured party shall on written demand by the debtor send the debtor a notice of lapse to the effect that he or she no longer claims a security interest under the effective financing statement, which shall be identified by file number. The notice of lapse need only be signed, authorized, or otherwise authenticated by the secured party.
(3) If the affected secured party fails to send a notice of lapse within ten days after proper demand, pursuant to subsection (2) of this section, he or she shall be liable to the debtor for any loss caused to the debtor by such failure.
(4) On presentation to the Secretary of State of a notice of lapse, he or she shall treat it as a termination statement and note it in the index. If he or she has received the notice of lapse in duplicate, he or she shall return one copy of the notice of lapse to the filing party stamped to show the time of receipt thereof.
(5) There shall be no fee for filing a notice of lapse or termination statement.
Source
Laws 1986, Third Spec. Sess., LB 1, § 15;
Laws 1988, LB 943, § 14;
Laws 1998, LB 1321, § 93;
Laws 2007, LB124, § 66.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1316 - Information provided by filing; oral and written inquiries; duties; fees; liability.

52-1316.
Information provided by filing; oral and written inquiries; duties; fees; liability.
(1) Oral and written inquiries regarding information provided by the filing of effective financing statements may be made at any county clerk's office or the office of the Secretary of State during regular business hours. For each debtor name searched by the county clerk or Secretary of State, the fee for furnishing file information shall be five dollars for each inquiry communicated in writing and four dollars and fifty cents if the inquiry is communicated by another medium authorized by the Secretary of State. Written confirmation of an oral or written inquiry shall be mailed no later than the end of the next business day after the inquiry is received.
(2) The Secretary of State shall provide a system that assigns an identifying number to each inquiry made pursuant to subsection (1) of this section. Such number shall be given to the inquiring party at the time of the oral response and shall be included in the written confirmation. The Secretary of State and the county clerks shall maintain a record of inquiries made under this section identifying who made the inquiry, on whom the inquiry was made, and the date of the inquiry.
(3) The Secretary of State may provide for a computerized system for inquiry and confirmation which may be used in lieu of the inquiry and confirmation under subsection (1) of this section. When such a system is implemented and used, it shall have the same effect as an inquiry and confirmation under subsection (1) of this section.
(4) The county clerk and Secretary of State and their employees or agents shall be exempt from all personal liability as a result of any error or omission in providing information as required by this section except in cases of willful misconduct or gross negligence.
(5) Fees received pursuant to this section by county clerks shall be deposited in the county general fund. The Secretary of State shall remit the fees received by the Secretary of State pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.
Source
Laws 1986, Third Spec. Sess., LB 1, § 16;
Laws 1987, LB 101, § 12;
Laws 1997, LB 590, § 1;
Laws 1998, LB 1321, § 94;
Laws 2004, LB 1099, § 2;
Laws 2020, LB910, § 21.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1317 - Verification of security interest; seller; duty.

52-1317.
Verification of security interest; seller; duty.
In order to verify the existence or nonexistence of a security interest, a buyer, commission merchant, or selling agent may request a seller to disclose such seller's approved unique identifier.
Source
Laws 1986, Third Spec. Sess., LB 1, § 17;
Laws 2007, LB124, § 67;
Laws 2015, LB464, § 3.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1318 - Rules and regulations; federal provisions adopted; Secretary of State; duties.

52-1318.
Rules and regulations; federal provisions adopted; Secretary of State; duties.
(1) The State of Nebraska hereby adopts the federal rules and regulations adopted and promulgated to implement section 1324 of the Food Security Act of 1985, Public Law 99-198. If there is a conflict between such rules and regulations and sections 52-1301 to 52-1322, the federal rules and regulations shall apply.
(2) The Secretary of State shall adopt and promulgate rules and regulations necessary to implement sections 52-1301 to 52-1322 pursuant to the Administrative Procedure Act. If necessary to obtain federal certification of the central filing system, additional or alternative requirements made in conformity with section 1324 of the Food Security Act of 1985, Public Law 99-198, may be imposed by the Secretary of State by rule and regulation.
(3) The Secretary of State shall prescribe all forms to be used for filing effective financing statements and subsequent actions.
Source
Laws 1986, Third Spec. Sess., LB 1, § 18;
Laws 1998, LB 924, § 24;
Laws 2003, LB 4, § 4;
Laws 2007, LB124, § 68;
Laws 2016, LB1035, § 3.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1319 - Receipt of written notice, defined.

52-1319.
Receipt of written notice, defined.
For purposes of section 1324 of the Food Security Act of 1985, Public Law 99-198, receipt of written notice shall mean the date the notice is actually received by a buyer in the ordinary course of business or the first date upon which delivery is attempted by a carrier. A buyer in the ordinary course of business shall act in good faith. In all cases a buyer in the ordinary course of business shall be presumed to have received the notice ten days after it was mailed.
Source
Laws 1986, Third Spec. Sess., LB 1, § 19.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1320 - Buyer subject to security interest; when; waiver or release.

52-1320.
Buyer subject to security interest; when; waiver or release.
(1) A buyer in the ordinary course of business buying farm products covered by the central filing system shall take subject to the security interest identified under such system, except that a registrant or a buyer in the ordinary course of business making an inquiry under section 52-1316 shall not take subject to the security interest if the central filing system does not correctly identify the debtor.
(2) A buyer in the ordinary course of business buying farm products covered by an effective financing statement takes free of any security interest on such products if such buyer secures a waiver or release of the security interest specified in such effective financing statement from the secured party. If a buyer in the ordinary course of business buying farm products covered by the central filing system tenders to the seller the total purchase price by means of a check or other instrument payable to such seller and each security interest holder of the seller identified in the central filing system for such products and if such security interest holder authorizes the negotiation of such check or other instrument, such authorization or endorsement and payment thereof shall constitute a waiver or release of the security interest specified to the extent of the amount of the instrument. Such waiver or release of the security interest shall not serve to establish or alter in any way security interest or lien priorities under Nebraska law.
Source
Laws 1986, Third Spec. Sess., LB 1, § 20.
2023 Nebraska Revised Statutes › Chapter 52 - Liens › 52-1321 - Filing prior to December 24, 1986; effect.

52-1321.
Filing prior to December 24, 1986; effect.
An effective financing statement filed prior to December 24, 1986, shall be considered as filed on such date.
Source
Laws 1986, Third Spec. Sess., LB 1, § 21.
Annotations
Sections 52-1301 through 52-1321 were not intended to remove regular U.C.C. provisions regarding the creation, perfection, or priority of security interests. Battle Creek State Bank v. Preusker, 253 Neb. 502, 571 N.W.2d 294 (1997).