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953 sections in this chapter.
Neb. Rev. Stat. § 76-1721 Liens.
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(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…
Neb. Rev. Stat. § 76-1722 Effect of violation on rights of action; attorney's fees; violations; penalties; enforcement.
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(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 rel…
Neb. Rev. Stat. § 76-1723 Statutes of limitations.
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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, notwiths…
Neb. Rev. Stat. § 76-1724 Financial records.
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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 he…
Neb. Rev. Stat. § 76-1725 Commission; powers.
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(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 com…
Neb. Rev. Stat. § 76-1726 Commission; notice of suspension; conditions; cease and desist order; revocation order.
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(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…
Neb. Rev. Stat. § 76-1727 Time-share interval; offer or sale; restrictions.
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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…
Neb. Rev. Stat. § 76-1728 Acquisition agent; register information; bond.
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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 respo…
Neb. Rev. Stat. § 76-1729 Sales agent; register information; bond.
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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 specia…
Neb. Rev. Stat. § 76-1730 Managing agent; register information; bond.
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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 ma…
Neb. Rev. Stat. § 76-1731 Bonds; consolidation.
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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 disclosu…
Neb. Rev. Stat. § 76-1732 Exchange agent; file information.
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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 respo…
Neb. Rev. Stat. § 76-1733 Acquisition agent; sales agent; maintain records.
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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.
Neb. Rev. Stat. § 76-1734 Application for registration; contents; fees; certificate of registration; report; investigation.
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(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 d…
Neb. Rev. Stat. § 76-1735 Commission; regulation of public-offering statement.
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(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 …
Neb. Rev. Stat. § 76-1736 Receipt of application; effectiveness of registration.
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(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 pr…
Neb. Rev. Stat. § 76-1737 Developer; amend or supplement registration.
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A developer shall amend or supplement its registration to report any material change in the information required by section 76-1734.
Neb. Rev. Stat. § 76-1737.01 Developer; time-share interval; duties; violation.
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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 clos…
Neb. Rev. Stat. § 76-1738 Registration; exemptions; exception.
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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 governm…
Neb. Rev. Stat. § 76-1739 Financing of time-share programs; records; requirements.
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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 li…
Neb. Rev. Stat. § 76-1740 Rights under foreclosure.
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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 t…
Neb. Rev. Stat. § 76-1741 Lienholder; rights.
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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 …
Neb. Rev. Stat. § 76-1901 Act, how cited.
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Sections 76-1901 to 76-1916 shall be known and may be cited as the Farm Homestead Protection Act.
Neb. Rev. Stat. § 76-1902 Terms, defined.
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As used in the Farm Homestead Protection Act, unless the context otherwise requires: (1) Designation of homestead shall mean a sworn written statement by an individual mortgagor, trustor, or judgment debtor which describes his or her homestead, executed on or after November 21, 1…
Neb. Rev. Stat. § 76-1903 Mortgage foreclosure; notice of right to cure; contents; cure of default; effect.
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(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…
Neb. Rev. Stat. § 76-1904 Mortgage or trust deed; designation of homestead; waiver or disclaimer; reservation of right to designate.
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(1) In any mortgage or trust deed executed on or after November 21, 1986, upon agricultural land, the mortgagor or trustor may make a designation of homestead in the body of such mortgage or trust deed. (2) In any mortgage or trust deed executed on or after November 21, 1986, upo…
Neb. Rev. Stat. § 76-1905 Priority of liens.
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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 mad…
Neb. Rev. Stat. § 76-1906 Redemption of redemptive homestead; when allowed.
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(1) In an action against protected real estate for the foreclosure of any mortgage or trust deed described in section 76-1904 with respect to which no waiver or disclaimer of the right to make a designation of homestead has been made or is otherwise binding in accordance with sec…
Neb. Rev. Stat. § 76-1907 Petition; contents.
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A petition filed pursuant to section 76-1906 shall: (1) Set forth a designation of the homestead which shall, with respect to the redemptive homestead, be limited by the boundaries of any designation made pursuant to section 76-1904 in any mortgage or trust deed having priority u…
Neb. Rev. Stat. § 76-1908 Confirmation of redemption.
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If after trial as an action in equity the court finds: (1) That the petition provided for in section 76-1906 is filed in good faith and not for delay; (2) that the statements contained in the petition are true; and (3) that the requested redemption will not unreasonably affect th…
Neb. Rev. Stat. § 76-1909 Redemption; payment by petitioner; failure to pay; effect; petitioner's equity; use; when allowed.
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(1) Except as provided in subsection (2) of this section, an order confirming a requested homestead redemption shall direct the petitioner to pay into the court not later than ten days from the entry of such order a cash amount equal to the current market value of the redemptive …
Neb. Rev. Stat. § 76-1910 Filing of petition; effect; petitioner's rights.
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(1) The filing of a petition as provided in section 76-1906 shall not delay or preclude the holder of a mortgage, trust deed, or judgment lien, referred to in such section, from causing a sale as otherwise permitted by law of that portion of the protected real estate exclusive of…
Neb. Rev. Stat. § 76-1911 Prior lien; validity.
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No action on any petition filed in accordance with section 76-1906 nor any order of confirmation entered thereon shall at any time affect or impair any prior lien upon agricultural land under any mortgage or trust deed executed or judgment rendered prior to November 21, 1986, and…
Neb. Rev. Stat. § 76-1912 Mortgage foreclosure; two sales; procedure.
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(1) In an action for the foreclosure of a mortgage upon agricultural land which was recorded prior to November 21, 1986, or a mortgage recorded on or after November 21, 1986, in which the right to designate a homestead has been waived or disclaimed pursuant to section 76-1904, if…
Neb. Rev. Stat. § 76-1913 Trust deed; notice of default; two sales; procedure.
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(1) If any part of the homestead of the trustor is included in a description of agricultural land set forth in a notice of default under a trust deed recorded prior to November 21, 1986, or a trust deed recorded on or after November 21, 1986, in which the trustor has waived or di…
Neb. Rev. Stat. § 76-1914 Act, how construed.
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The Farm Homestead Protection Act shall not be construed to impair any right of a judgment debtor to claim and receive the dollar amount of the exemption afforded to the holder of the homestead under section 40-101.
Neb. Rev. Stat. § 76-1915 Successor in interest; rights; when available.
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The rights afforded to a mortgagor or trustor under the Farm Homestead Protection Act shall be available for the protection of the homestead of his or her successor in interest in the mortgaged premises or trust property only if the successor has entered into an agreement signed …
Neb. Rev. Stat. § 76-1916 Sale or conveyance; exempt from subdivision requirements.
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(1) A sale or conveyance of agricultural land in parcels pursuant to any action on a petition filed pursuant to section 76-1906, (2) a foreclosure sale of mortgaged premises in parcels pursuant to section 76-1912 or 76-1913 or a decree entered under section 25-2138, or (3) a conv…
Neb. Rev. Stat. § 76-2,100 Reverter or rights of entry; termination of trust; succession.
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At the termination of a trust, however effected, any right of entry or reentry for breach of condition subsequent and any possibility of reverter heretofore or hereafter reserved by or to the trustee and affecting land in this state ceases and determines as to the trustee, but sh…
Neb. Rev. Stat. § 76-2,101 Reverter or rights of entry; dissolution of corporation; ceases and determines.
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When a corporation is dissolved or ceases to exist, any possibility of reverter and any right of entry or reentry for breach of condition subsequent heretofore or hereafter reserved by or to the corporation and affecting land in this state ceases and determines.
Neb. Rev. Stat. § 76-2,102 Reverter or rights of entry; limitation.
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Neither possibilities of reverter nor rights of entry or reentry for breach of condition subsequent, whether heretofore or hereafter created, where the condition has not been broken shall be valid for a longer period than thirty years from the date of the creation of the conditio…
Neb. Rev. Stat. § 76-2,103 Reverter or rights of entry; commencement of action for breach; limitation.
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If by reason of a possibility of reverter created more than thirty years prior to May 15, 1959, a reverter has come into existence prior to May 15, 1959, no person shall commence an action for the recovery of the land or any part thereof based upon such possibility of reverter, a…
Neb. Rev. Stat. § 76-2,104 Reverter or rights of entry; other rights; sections; applicability.
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Subsections (2) and (3) of section 76-107 and sections 76-299 to 76-2,105 shall not invalidate or affect: (1) A conveyance made for the purpose of releasing or extinguishing a possibility of reverter or right of entry or reentry; (2) A right of entry or the transfer of a right of…
Neb. Rev. Stat. § 76-2,105 Reverter or rights of entry; sections; severability.
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If any provision of sections 76-299 to 76-2,105 or the application of any provision thereto to any property, person, or circumstance is held to be invalid, such provision as to such property, person, or circumstance shall be deemed to be excised from sections 76-299 to 76-2,105, …
Neb. Rev. Stat. § 76-2,106 Terms, defined.
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As used in sections 76-2,106 to 76-2,108, unless the context otherwise requires: (1) Dual contracts shall mean two written contracts entered into between identical contracting persons in identical capacities concerning the same parcel of real property, one of which states the tru…
Neb. Rev. Stat. § 76-2,107 Dual contracts; substituting one instrument for another; fraudulent instrument; unlawful.
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No person, firm, or corporation, or any agent or employee of any such firm or corporation shall, with intent to defraud (1) make or issue a dual contract for the purchase of real property, (2) substitute one instrument in writing for another and by such means cause the making of …
Neb. Rev. Stat. § 76-2,108 Violations; penalty.
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Any person violating the provisions of section 76-2,107 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than five…
Neb. Rev. Stat. § 76-2,109 Joint tenancy; no severance of real estate; exception.
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There shall be no severance of an existing joint tenancy in real estate when all joint tenants execute any instrument with respect to the property held in joint tenancy, unless the intention to effect a severance expressly appears in the instrument.
Neb. Rev. Stat. § 76-2,110 Instruments to subdivide real estate; defective; validation; procedure.
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(1) After January 1, 1995, no action shall be maintained to set aside, cancel, annul, or declare void or invalid any conveyance, in any manner purporting to subdivide real estate, which has been recorded in the office of the register of deeds of the county in which the real estat…
Neb. Rev. Stat. § 76-2,111 Terms, defined.
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As used in the Conservation and Preservation Easements Act, unless the context otherwise requires: (1) Conservation easement shall mean a right, whether or not stated in the form of an easement, restriction, covenant, or condition in any deed, will, agreement, or other instrument…