™Your Policy Risk Impact Agent
953 sections in this chapter.
Neb. Rev. Stat. § 76-248 Wills; recording; how, when, and where authorized.
0.5K chars
Any will of real estate, which shall have been duly proved in the county court of any county in this state, and any such will, the proof of which shall be contested in that court and carried up by appeal or otherwise and the validity of which shall be finally established, may, wi…
Neb. Rev. Stat. § 76-248.01 Certificate of dissolution of marriage.
0.4K chars
A certificate of dissolution of marriage executed by the clerk of the district court under section 42-372.02 may be recorded in the office of the register of deeds of the county or counties where the real estate is located. A certificate of dissolution of marriage shall not be us…
Neb. Rev. Stat. § 76-249 Judgment in partition; decree in equity; recording; effect.
0.4K chars
Any exemplification of any decree or judgment in partition on final decree in equity affecting real estate may in like manner be recorded in the office of the register of deeds in any county in which real estate described therein may be situated. Such record or exemplification th…
Neb. Rev. Stat. § 76-250 Wills; judgment in partition; decree in equity; certificate of dissolution of marriage; recording; how indexed.
0.3K chars
On recording any will, exemplification, decree, or certificate of dissolution of marriage, the register of deeds shall index the same in the indices of deeds, and as nearly as may be as deeds are indexed, placing the name of the devisor, petitioner, or plaintiff, with the grantor…
Neb. Rev. Stat. § 76-2501 Act, how cited.
0.1K chars
Sections 76-2501 to 76-2506 shall be known and may be cited as the Nebraska Plane Coordinate System Act.
Neb. Rev. Stat. § 76-2502 Nebraska Plane Coordinate System, defined.
1.0K chars
(1) For purposes of the Nebraska Plane Coordinate System Act, Nebraska Plane Coordinate System means the system of plane coordinates for designating the geographic position of points on, within, or above the surface of the earth, within the State of Nebraska, defined or located i…
Neb. Rev. Stat. § 76-2503 Plane coordinate values.
0.7K chars
The plane coordinate values for a point on the earth's surface used to express the geographic position or location of such point of the Nebraska Plane Coordinate System shall consist of two distances expressed in feet and decimals of a foot or meters and decimals of a meter when …
Neb. Rev. Stat. § 76-2504 Plane coordinates; recording; waiver.
0.6K chars
No coordinate or coordinates based on the Nebraska Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land record, plat, easement, exhibit, certified corner record, or deed record unless such coo…
Neb. Rev. Stat. § 76-2505 Use of term; restriction.
0.3K chars
(1) The use of the term "Nebraska Plane Coordinate System" on any map, report, survey, or other document shall be limited to coordinates based upon the Nebraska Plane Coordinate System. (2) The provisions of the Nebraska Plane Coordinate System Act shall not be construed to prohi…
Neb. Rev. Stat. § 76-2506 Tracts of land; how described.
1.0K chars
(1) Descriptions of tracts of land by reference to subdivisions, lines or corners of the United States Public Land Survey System or other original pertinent surveys, are recognized as the basic and prevailing method for describing tracts of land. Whenever coordinates of the Nebra…
Neb. Rev. Stat. § 76-251 Deed intended as mortgage; recording; effect.
0.5K chars
Every deed conveying real estate, which, by any other instrument in writing, shall appear to have been intended only as a security in the nature of a mortgage, though it be an absolute conveyance in terms, shall be considered as a mortgage. The person for whose benefit such deed …
Neb. Rev. Stat. § 76-252 Release of mortgage; mortgagee's obligation and liability.
0.2K chars
Section 76-2803 shall govern the mortgagee's obligation to record or cause to be recorded a release of mortgage and the liability of the mortgagee for failure to timely record or cause to be recorded a release of mortgage.
Neb. Rev. Stat. § 76-253 Mortgage; record; certificate of discharge or satisfaction.
0.4K chars
Any mortgage shall be discharged upon the record thereof by the register of deeds in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his legal personal representative or assignee, acknowledged or proved or certified as …
Neb. Rev. Stat. § 76-254 Mortgage; record; certificate of discharge or satisfaction; how indexed.
0.3K chars
Every such certificate and the proof or the acknowledgment thereof shall be indexed in the order of mortgages and recorded at full length. In the record of discharge the register of deeds shall make a reference to the book and page or computer system reference where the mortgage …
Neb. Rev. Stat. § 76-256 Mortgage; assignment; recording not notice to mortgagor.
0.2K chars
The recording of an assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.
Neb. Rev. Stat. § 76-257 Deeds and other instruments; recording; duty of register of deeds to reference on instrument.
0.2K chars
The register of deeds shall mark upon the deed or instrument, after recording the same, the book and page or computer system reference where the same is recorded.
Neb. Rev. Stat. § 76-258 Deeds and other instruments; formal defects; recorded for more than ten years; validated.
0.9K chars
When any instrument of writing, in any manner affecting or purporting to affect the title to real estate, has been, or may hereafter be recorded for a period of ten years in the office of the register of deeds of the county wherein such real estate is situated, and such instrumen…
Neb. Rev. Stat. § 76-259 Deeds and other instruments; formal defects; what constitutes.
0.4K chars
The defects, irregularities and omissions mentioned in section 76-258 shall include all defects and irregularities in respect to formalities of execution and recording, and all defects and irregularities in, as well as the entire lack or omission of attestation, acknowledgment, c…
Neb. Rev. Stat. § 76-260 Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects.
0.5K chars
From and after its validation by the operation of section 76-258, such instrument shall impart notice to subsequent purchasers, encumbrancers, and all other persons whomsoever so far as and to the same extent that the same is recorded, notwithstanding such defects, irregularities…
Neb. Rev. Stat. § 76-2601 Act, how cited.
0.1K chars
Sections 76-2601 to 76-2613 may be cited as the Uniform Environmental Covenants Act.
Neb. Rev. Stat. § 76-2602 Terms, defined.
2.2K chars
In the Uniform Environmental Covenants Act: (1) Activity and use limitations means restrictions or obligations created under the act with respect to real property. (2) Agency means the Department of Water, Energy, and Environment or any other Nebraska or federal agency that deter…
Neb. Rev. Stat. § 76-2603 Nature of rights; subordination of interests.
2.0K chars
(a) Any person, including a person that owns an interest in the real property, may be a holder, except that the State of Nebraska, a municipality, or another unit of local government may not be a holder unless it is the owner of the real property. An environmental covenant may id…
Neb. Rev. Stat. § 76-2604 Contents of environmental covenant.
2.0K chars
(a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and us…
Neb. Rev. Stat. § 76-2605 Validity; effect on other instruments.
1.6K chars
(a) An environmental covenant that complies with the Uniform Environmental Covenants Act runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has…
Neb. Rev. Stat. § 76-2606 Relationship to other land-use law.
0.4K chars
The Uniform Environmental Covenants Act does not authorize a use of real property that is otherwise prohibited by zoning, by law other than the act regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental cov…
Neb. Rev. Stat. § 76-2607 Notice.
0.6K chars
(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession …
Neb. Rev. Stat. § 76-2608 Recording.
0.9K chars
(a) An environmental covenant, any amendment or termination of the covenant under section 76-2609 or 76-2610, and any subordination agreement must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a…
Neb. Rev. Stat. § 76-2609 Duration; amendment by court action.
1.8K chars
(a) An environmental covenant is perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to section 76-2610; (3) Terminated pursuant to subsection (b) of this section; (4) Term…
Neb. Rev. Stat. § 76-2610 Amendment or termination by consent.
1.4K chars
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The agency; (2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (3) Each person that origina…
Neb. Rev. Stat. § 76-2611 Enforcement of environmental covenant.
1.0K chars
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The agency; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest in the real…
Neb. Rev. Stat. § 76-2612 Uniformity of application and construction.
0.2K chars
In applying and construing the Uniform Environmental Covenants Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Neb. Rev. Stat. § 76-2613 Relation to Electronic Signatures in Global and National Commerce Act.
0.4K chars
The Uniform Environmental Covenants Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede section 101 of that act, 15 U.S.C. 7001(a), or authorize electronic deli…
Neb. Rev. Stat. § 76-264 Deeds executed in another state; omission of private seal, validated.
0.9K chars
No deed of conveyance or other instrument affecting real estate in this state, which has been executed and acknowledged or proved in any other state, territory or district of the United States and which has been executed and acknowledged or proved in accordance with the laws of s…
Neb. Rev. Stat. § 76-266 Trust deeds executed prior to 1917; failure to name beneficiary and record; presumption of authority of trustee to convey.
1.0K chars
When any conveyance of the title to, or any interest in, or any lien on real estate shall have been made prior to July 24, 1917, to any person or corporation as trustee and no beneficiary is named therein, and no declaration of the terms of the trust shall have been made in writi…
Neb. Rev. Stat. § 76-267 Trust deeds executed prior to 1917; failure to record; presumption of authority of trustee to convey; filing of notice by beneficiary; effect.
1.0K chars
Where any such conveyance or lien shall have been made prior to July 24, 1917, to any person or corporation as trustee and such trustee has not conveyed, assigned or released it before said date, and no declaration of the terms of the trust has been executed and recorded in the o…
Neb. Rev. Stat. § 76-268 Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.
1.1K chars
If any conveyance of the title to, or any right or interest in real estate, or any lien thereon, shall be made after July 24, 1917, to any person or corporation as trustee without naming any beneficiary and without any declaration of the terms of the trust having been executed an…
Neb. Rev. Stat. § 76-269 Instrument recorded more than fifteen years without contest; validity.
1.3K chars
After one year from July 24, 1917, no action shall be maintained whereby to set aside, cancel, annul, declare void or invalid any deed of conveyance, mortgage, release of mortgage, or other instrument affecting the title to any real estate, which has been recorded in the office o…
Neb. Rev. Stat. § 76-269.01 Deed of conveyance executed by a personal representative; validity.
0.4K chars
On and after September 9, 1997, no action may be maintained to set aside any deed of conveyance executed by a personal representative of an estate prior to September 9, 1993, upon the grounds that the personal representative lacked authority conferred by the will of the decedent …
Neb. Rev. Stat. § 76-270 Grantee represented as corporation; conveyance more than ten years from recording; validity.
0.7K chars
Where any grantee takes title to real estate in this state under a name including the word company or corporation, whether such grantee was or was not in fact a corporation, and where such grantee subsequent to the date that such title is taken conveys all of such land or part th…
Neb. Rev. Stat. § 76-2701 Act, how cited.
0.1K chars
Sections 76-2701 to 76-2728 shall be known and may be cited as the Nebraska Foreclosure Protection Act.
Neb. Rev. Stat. § 76-2702 Legislative findings and intent.
1.2K chars
The Legislature hereby finds, determines, and declares that home ownership and the accumulation of equity in one's home provide significant social and economic benefits to the state and its citizens. Unfortunately, too many homeowners in financial distress, especially the poor, e…
Neb. Rev. Stat. § 76-2703 Definitions, where found.
0.2K chars
For purposes of the Nebraska Foreclosure Protection Act, unless the context otherwise requires, the definitions found in sections 76-2704 to 76-2712 apply.
Neb. Rev. Stat. § 76-2704 Associate, defined.
0.3K chars
Associate means a partner, a subsidiary, an affiliate, an agent, or any other person working in association with a foreclosure consultant or an equity purchaser. Associate does not include a person who is excluded from the definition of an equity purchaser or a foreclosure consul…
Neb. Rev. Stat. § 76-2705 Equity purchase contract, defined.
0.2K chars
Equity purchase contract means an agreement between an equity purchaser and a homeowner pertaining to the acquisition of title to the homeowner's personal residence.
Neb. Rev. Stat. § 76-2706 Equity purchaser, defined.
1.5K chars
Equity purchaser means a person who, in the course of the person's business, vocation, or occupation, acquires title to a residence in foreclosure. Equity purchaser does not include a person who acquires such title: (1) For the purpose of using such property as his or her persona…
Neb. Rev. Stat. § 76-2707 Evidence of debt, defined.
0.3K chars
Evidence of debt means a writing that evidences a promise to pay or a right to the payment of a monetary obligation such as a promissory note; bond; negotiable instrument; loan, credit, or similar agreement; or monetary judgment entered by a court of competent jurisdiction.
Neb. Rev. Stat. § 76-2708 Foreclosure consultant, defined.
4.2K chars
(1) Foreclosure consultant means a person who: (a) Does not, directly or through an associate, take or acquire any interest in or title to the residence in foreclosure; and (b) In the course of such person's business, vocation, or occupation, makes a solicitation, representation,…
Neb. Rev. Stat. § 76-2709 Foreclosure consulting contract, defined.
0.1K chars
Foreclosure consulting contract means any agreement between a foreclosure consultant and a homeowner.
Neb. Rev. Stat. § 76-271 Affidavits to correct defects; recording; effect.
0.2K chars
Affidavits explaining or correcting any apparent defect in the chain of title to any real estate, may be recorded as instruments affecting real estate, and such record shall be prima facie evidence of the facts therein recited.
Neb. Rev. Stat. § 76-2710 Holder of evidence of debt, defined.
1.1K chars
Holder of evidence of debt means the person in actual possession of or otherwise entitled to enforce an evidence of debt, except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust a…