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155 sections in this chapter.
Neb. Rev. Stat. § 52-1001 Federal liens; notice; filing.
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(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 no…
Neb. Rev. Stat. § 52-1002 Certifications; filing.
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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 s…
Neb. Rev. Stat. § 52-1003 Notice; filing officer; duties; liability.
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(1)(a) If a notice of federal lien upon real property, a refiling of a notice of federal lien upon real property, or a notice of revocation of any certificate described in subdivision (2)(a) of this section is provided to the register of deeds, he or she shall endorse thereon his…
Neb. Rev. Stat. § 52-1004 Notice; filing; fees; billing.
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(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…
Neb. Rev. Stat. § 52-1005 Lien, notice, certificate; filed on or before January 1, 1970; filing officer; duties.
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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 not…
Neb. Rev. Stat. § 52-1006 Act, how construed.
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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.
Neb. Rev. Stat. § 52-1007 Act, how cited.
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Sections 52-1001 to 52-1008 shall be known and may be cited as the Uniform Federal Lien Registration Act.
Neb. Rev. Stat. § 52-1008 Lien satisfied; termination statement; procedure.
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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, …
Neb. Rev. Stat. § 52-1101 Lien; scope.
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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 applicati…
Neb. Rev. Stat. § 52-1102 Lien; perfection; financing statement; filing; fee.
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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 identificati…
Neb. Rev. Stat. § 52-1103 Lien; time for filing; date of attachment; enforcement.
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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…
Neb. Rev. Stat. § 52-1104 Lien satisfied; financing statement; termination.
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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.
Neb. Rev. Stat. § 52-115 Labor on railroads, similar utilities; liability of company; notice of claim; interest.
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Whenever any laborer upon any railroad, canal, viaduct, bridge, ditch, or other similar improvement in this state, shall have just claim or demand for labor performed on any such railroad, canal, bridge, ditch, viaduct, or other similar improvement against any person or persons w…
Neb. Rev. Stat. § 52-116 Railroad and similar construction; lien for labor or material; to what attaches.
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When material shall have been furnished, or labor performed in the construction, repair, and equipment of any railroad, canal, bridge, viaduct or other similar improvement, such laborer and materialman, contractor, or subcontractor, shall have a lien therefor, and such lien there…
Neb. Rev. Stat. § 52-117 Railroad and similar construction; lien for labor or material; statement of claim; filing; time limit; duration.
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Every person, whether contractor or subcontractor or materialman, who wishes to avail himself of the provisions of section 52-116 shall file with the register of deeds of the county in which the building, erection, excavation or other similar improvement to be charged with the li…
Neb. Rev. Stat. § 52-118 Public building construction; bond required for benefit of laborers, mechanics, and suppliers; exception.
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(1) Except as provided in subsection (2) of this section, it shall be the duty of the State of Nebraska or any department or agency thereof, the county boards, the contracting board of all cities, villages, and school districts, all public boards empowered by law to enter into a …
Neb. Rev. Stat. § 52-118.01 Public building construction; bond; claim for unpaid labor or material; action; procedure.
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Every person who has furnished labor or material in the prosecution of the work provided for in the contract set out in subsection (1) of section 52-118, in respect of which a bond is or bonds are furnished under such section, and who has not been paid in full therefor before the…
Neb. Rev. Stat. § 52-118.02 Public building construction; bond; action; limitation; person to bring suit; rental equipment, defined.
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Every suit instituted under section 52-118.01 shall be brought by any person entitled to the benefit of this action, but no such suit shall be commenced after the expiration of one year after the date of final settlement of the principal contract. The action shall be in the name …
Neb. Rev. Stat. § 52-1201 Lien on crops; authorized.
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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 see…
Neb. Rev. Stat. § 52-1202 Lien; perfection; financing statement; filing; fee.
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(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 electri…
Neb. Rev. Stat. § 52-1203 Lien; date of attachment; enforcement.
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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 enf…
Neb. Rev. Stat. § 52-1204 Lien; priority.
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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 wri…
Neb. Rev. Stat. § 52-1205 Lien satisfied; financing statement; termination.
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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.
Neb. Rev. Stat. § 52-123 Failure to apply payments received on lawful claims; unlawful; failure to discharge lien; prima facie evidence of intent to deprive or defraud.
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It shall be unlawful for any person, firm, or corporation who has taken a contract for the erection, improvement, repair, or removal of any house, mill, manufactory, or building of any kind for another, and has received payment in whole or in part upon such contract, to fail to a…
Neb. Rev. Stat. § 52-124 Failure to apply payments for lawful claims; failure to discharge lien; penalty.
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Any person, firm, or corporation, the members of any firm, or the officers of any corporation, violating the provisions of section 52-123 shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 52-125 Act, how cited.
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Sections 52-125 to 52-159 shall be known and may be cited as the Nebraska Construction Lien Act.
Neb. Rev. Stat. § 52-126 Sections, purpose.
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Sections 52-125 to 52-159 creates, and provides for the attachment and enforceability of, a lien against real estate in favor of a person furnishing services or materials under a real estate improvement contract. Except as provided in sections 52-125 to 52-159, no nonconsensual l…
Neb. Rev. Stat. § 52-127 Terms, defined.
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As used in sections 52-125 to 52-159, unless the context otherwise requires: (1) Claimant shall mean a person having a right to a lien under sections 52-125 to 52-159 upon real estate and includes his or her successor in interest; (2) Contract price shall mean the amount agreed u…
Neb. Rev. Stat. § 52-128 Contracting owner; presumption of agency.
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For the purpose of determining whether an owner is a contracting owner, agency is presumed, in the absence of clear and convincing evidence to the contrary, between employer and employee, between spouses, between joint tenants, and among tenants in common.
Neb. Rev. Stat. § 52-129 Protected party, residential real estate, defined.
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(1) Protected party shall mean: (a) An individual who contracts to give a real estate security interest in, or to buy or to have improved, residential real estate all or a part of which he or she occupies or intends to occupy as a residence; (b) A person obligated primarily or se…
Neb. Rev. Stat. § 52-130 Real estate improvement contract, defined.
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(1) Except as provided in subsection (2) of this section, real estate improvement contract shall mean an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including: (a…
Neb. Rev. Stat. § 52-1301 Legislative intent.
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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 filin…
Neb. Rev. Stat. § 52-1302 Definitions, where found.
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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.
Neb. Rev. Stat. § 52-1302.01 Approved unique identifier, defined.
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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.
Neb. Rev. Stat. § 52-1303 Buyer in the ordinary course of business, defined.
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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.
Neb. Rev. Stat. § 52-1304 Central filing system, defined.
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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.
Neb. Rev. Stat. § 52-1305 Commission merchant, defined.
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Commission merchant shall mean any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person.
Neb. Rev. Stat. § 52-1306 Debtor, defined.
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Debtor shall mean the person subjecting a farm product to a security interest.
Neb. Rev. Stat. § 52-1307 Effective financing statement, defined.
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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 whi…
Neb. Rev. Stat. § 52-1308 Farm product, defined.
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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, …
Neb. Rev. Stat. § 52-1309 Person, defined.
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Person shall mean any individual, partnership, limited liability company, corporation, trust, or any other business entity.
Neb. Rev. Stat. § 52-131 Construction lien; existence; amount; priority; enforcement.
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(1) A person who furnishes services or materials pursuant to a real estate improvement contract has a construction lien, only to the extent provided in the Nebraska Construction Lien Act, to secure the payment of his or her contract price. (2) A lien arises under the act only if …
Neb. Rev. Stat. § 52-1310 Security interest, defined.
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Security interest shall mean an interest in farm products that secures payment or performance of an obligation.
Neb. Rev. Stat. § 52-1311 Selling agent, defined.
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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.
Neb. Rev. Stat. § 52-1312 Central filing system; Secretary of State; duties; system requirements; fees.
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The Secretary of State shall design and implement a central filing system for effective financing statements. The Secretary of State shall be the system operator. The system shall provide a means for filing effective financing statements or notices of such financing statements on…
Neb. Rev. Stat. § 52-1313 Filing of effective financing statement; fees.
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(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 nonrefundable fee for presenting an effective financing statement, an amendment, or a contin…
Neb. Rev. Stat. § 52-1314 Filing of continuation statement; requirements; insolvency proceedings; effect.
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(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…
Neb. Rev. Stat. § 52-1315 Notice of lapse of effective financing statement; waiver of notice; effect.
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(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 f…
Neb. Rev. Stat. § 52-1316 Information provided by filing; oral and written inquiries; duties; fees; liability.
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(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 Secre…
Neb. Rev. Stat. § 52-1317 Verification of security interest; seller; duty.
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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.