Laws 1999, LB 552
Total Page:16
File Type:pdf, Size:1020Kb
LB 552 LB 552 LEGISLATIVE BILL 552 Approved by the Governor April 28, 1999 Introduced by Landis, 46 AN ACT relating to recordings and filings; to amend sections 52-1307 and 52-1314, Reissue Revised Statutes of Nebraska, and sections 9-313, 9-402 to 9-406, and 9-412, Uniform Commercial Code; to change provisions relating to signature and filing requirements; to harmonize provisions; to provide an operative date; to repeal the original sections; and to declare an emergency. Be it enacted by the people of the State of Nebraska, Section 1. Section 52-1307, Reissue Revised Statutes of Nebraska, is amended to read: 52-1307. Effective financing statement means a statement that: (1) Is an original or reproduced copy thereof; (2) Is signed and filed by the secured party in the office of the Secretary of State; (3) Is signed 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 social security number of the debtor or, in the case of a debtor doing business other than as an individual, the Internal Revenue Service taxpayer identification number of such debtor, (d) a description of the farm products subject to the security interest, (e) each county in Nebraska where the farm product is used or produced or to be used or produced, (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 52-1321; (5) Shall be amended in writing, within three months, similarly signed and filed, to reflect material changes; (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 it contains minor errors that are not seriously misleading. An effective financing statement may, for any given debtor or debtors, cover more than one farm product located in more than one county. ____________________________________________________________________Any effective financing statement that is filed electronically shall ______________________________________________________________________________include an electronic signature of the secured party which may consist of a ______________________________________________________________________________signature recognized under section 86-1701 or an access code or any other ______________________________________________________________________________identifying word or number assigned by the Secretary of State that is unique ______________________to a particular filer. Sec. 2. Section 52-1314, Reissue Revised Statutes of Nebraska, is amended to read: 52-1314.___ (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 by the secured party,_ ——— and ——— the —————— debtor —— or ———————— debtors, 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 -1- LB 552 LB 552 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 86-1701 or an access code or any other ______________________________________________________________________________identifying word or number assigned by the Secretary of State that is unique ______________________to a particular filer. Sec. 3. Section 9-313, Uniform Commercial Code, is amended to read: 9-313. Priority of security interests in fixtures. (1) In this section and in the provisions of part 4 of this article referring to fixture filing, unless the context otherwise requires (a) goods are "fixtures" when they become so related to particular real estate that an interest in them arises under real estate law (b) a "fixture filing" is the filing in the office where a mortgage on the real estate would be filed or recorded of a financing statement covering goods which are or are to become fixtures and conforming to the requirements of subsection ———(5) ___(4) of section 9-402 (c) a mortgage is a "construction mortgage" to the extent that it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates. (2) A security interest under this article may be created in goods which are fixtures or may continue in goods which become fixtures, but no security interest exists under this article in ordinary building materials incorporated into an improvement on land. (3) This article does not prevent creation of an encumbrance upon fixtures pursuant to real estate law. (4) A perfected security interest in fixtures has priority over the conflicting interest of an encumbrancer or owner of the real estate where (a) the security interest is a purchase money security interest, the interest of the encumbrancer or owner arises before the goods become fixtures, the security interest is perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the debtor has an interest of record in the real estate or is in possession of the real estate; or (b) the security interest is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the debtor has an interest of record in the real estate or is in possession of the real estate; or (c) the fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this article; or (d) the conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this article. (5) A security interest in fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate where (a) the encumbrancer or owner has consented in writing to the security interest or has disclaimed an interest in the goods as fixtures; or (b) the debtor has a right to remove the goods as against the encumbrancer or owner. If the debtor's right terminates, the priority of the security interest continues for a reasonable time. (6) Notwithstanding paragraph (a) of subsection (4) but otherwise subject to subsections (4) and (5), a security interest in fixtures is subordinate to a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent that it is given to refinance a construction mortgage, a mortgage has this priority to the same extent as the construction mortgage. (7) In cases not within the preceding subsections, a security interest in fixtures is subordinate to the conflicting interest of an encumbrancer or owner of the related real estate who is not the debtor. (8) When the secured party has priority over all owners and encumbrancers of the real estate, he ______or she may, on default, subject to the provisions of part 5, remove his ______or her collateral from the real estate but he _______or she must reimburse any encumbrancer or owner of the real estate who is not the debtor and who has not otherwise