Agreement or Contract for Deed for Sale and Purchase of Real Estate a/k/a Land or Executory Contract
NEBRASKA REVISED STATUTES
CHAPTER 76. REAL PROPERTY.
ARTICLE 2. CONVEYANCES.
(a) DEFINITIONS.
76-201. Real estate, defined.
For purposes of sections 76-201 to 76-281 and 76-2,126, the term real estate shall be construed as coextensive in meaning with lands, tenements, and hereditaments, and as embracing all chattels real, except leases for a term not exceeding one year.
Source: R.S.1866, c. 43, § 49, p. 290;R.S.1913, § 6187;C.S.1922, § 5586;C.S.1929, § 76-101;R.S.1943, § 76-201;Laws 2012, LB536, § 26.
76-202.Purchaser, defined.
The term purchaser, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every person to whom any real estate or interest therein shall be conveyed for valuable consideration and also any assignee of mortgage or lease or other conditional estate.
Source
R.S.1866, c. 43, § 50, p. 291;
R.S.1913, § 6188;
C.S.1922, § 5587;
C.S.1929, § 76-102;
R.S.1943, § 76-202;
Laws 2012, LB536, § 27.
76-203. Deed, defined.
The term deed, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or for a less time.
Source
R.S.1866, c. 43, § 51, p. 291;
R.S.1913, § 6189;
C.S.1922, § 5588;
C.S.1929, § 76-103;
R.S.1943, § 76-203;
Laws 2012, LB536, § 28.
76-204.Deed; instrument not included.
Section 76-203 shall not be construed to extend to a letter of attorney or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when proved or acknowledged in the manner prescribed by statute, may be recorded in the office of the register of deeds of any county in which the real estate to which such power or contract relates may be situated. Such an instrument, when so proved or acknowledged, and the record thereof, when recorded, or the transcript of such record, may be read in evidence, in the same manner and with the like effect as a conveyance recorded in such county.
Source
R.S.1866, c. 43, § 52, p. 291;
Laws 1887, c. 30, § 26, p. 372;
R.S.1913, § 6190;
C.S.1922, § 5589;
C.S.1929, § 76-104;
R.S.1943, § 76-204;
Laws 1973, LB 227, § 1.
NEBRASKA REVISED STATUTES
CHAPTER 76. REAL PROPERTY.
ARTICLE 2. CONVEYANCES.
(b) CONSTRUCTION OF INSTRUMENTS.
76-205. Instruments; construction; intent of parties; duty of courts.
In the construction of every instrument creating or conveying, or authorizing or requiring the creation or conveyance of any real estate, or interest therein, it shall be the duty of the courts of justice to carry into effect the true intent of the parties, so far as such intent can be collected from the whole instrument, and so far as such intent is consistent with the rules of law.
Source
R.S.1866, c. 43, § 59, p. 292;
R.S.1913, § 6195;
C.S.1922, § 5594;
C.S.1929, § 76-109;
R.S.1943, § 76-205.
76-206. Covenant for title; effective words.
Unless such intention is expressly negatived by the language in the instrument, a covenant in a conveyance of real property that the grantor is seized, or lawfully seized, or words to like effect, shall be interpreted as a covenant that the grantor has good title to the very estate in quantity and quality which he purports to convey.
Source
Laws 1923, c. 111, § 1, p. 269;
C.S.1929, § 76-110;
R.S.1943, § 76-206.
76-207. Covenants; breach; constructive eviction; acts constituting.
Covenants of quiet enjoyment and covenants of warranty in conveyances of real property may be breached by an eviction, actual or constructive, by reason of the hostile assertion of a paramount title holder. A constructive eviction occurs in the following situations: (1) Where the covenantee is kept out of possession by the paramount title holder; (2) where the covenantee surrenders possession to the paramount title holder; and (3) where the covenantee in order to retain possession is forced to and buys off the paramount title holder.
Source
Laws 1923, c. 111, § 2, p. 269;
C.S.1929, § 76-111;
R.S.1943, § 76-207.
76-208.Covenants for title; who may enforce.
Unless such intention is expressly negatived by the language in the instrument, all covenants for title in conveyances of real property, including covenants of seisin, right to convey, freedom from encumbrances, quiet enjoyment, and warranty, when made with the grantee, run with the land and are enforceable by any assignee thereof, immediate or remote, by a suit in his own name; Provided, however, that the ultimate damage occasioned by a breach of the covenant on which suit is brought has not occurred prior to the assignment to such assignee. It shall not be a defense to the covenantor when sued by an assignee that the covenantor was a stranger to title to the whole or a part of the land the covenantor purported to convey.
Source
Laws 1923, c. 111, § 3, p. 269;
C.S.1929, § 76-112;
R.S.1943, § 76-208.
NEBRASKA REVISED STATUTES
CHAPTER 76. REAL PROPERTY.
ARTICLE 2. CONVEYANCES.
(c) AFTER-ACQUIRED INTEREST; FUTURE ESTATES.
76-209. Deed; after-acquired interest; effect.
When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after-acquired interest of such grantor to the extent of that which the deed purports to convey shall accrue to the benefit of the grantee; Provided, however, such after-acquired interest shall not inure to the benefit of the original grantee or his heirs or assigns, if the deed conveying said real estate was either a quitclaim or special warranty, and the original grantor in any case shall not be estopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance.
Source
R.S.1866, c. 43, § 56, p. 291;
Laws 1875, § 1, p. 91;
R.S.1913, § 6193;
C.S.1922, § 5592;
C.S.1929, § 76-107;
R.S.1943, § 76-209.
76-210. Estates in future; recognized.
Estates may be created to commence at a future day.
Source
R.S.1866, c. 43, § 57, p. 292;
R.S.1913, § 6194;
C.S.1922, § 5593;
C.S.1929, § 76-108;
R.S.1943, § 76-210.
NEBRASKA REVISED STATUTES
CHAPTER 76. REAL PROPERTY.
ARTICLE 2. CONVEYANCES.
(d) FORMALITIES OF EXECUTION.
76-211. Deeds; execution; record.
Deeds of real estate, or any interest therein, in this state, except leases for one year or for a less time, if executed in this state, must be signed by the grantor or grantors, being of lawful age, and be acknowledged or proved and recorded as directed in sections 76-216 to 76-237.
Source
R.S.1866, c. 43, § 1, p. 280;
Laws 1887, c. 61, § 1, p. 561;
R.S.1913, , § 6196;<br />
C.S.1922, § 5595;<br />
C.S.1929, § 76-201;<br />
Laws 1939, c. 96, § 1, p. 416;<br />
C.S.Supp.,1941, § 76-201;<br />
R.S.1943, § 76-211.<br />
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76-212. Private seals; use abolished.<br />
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The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments and contracts in writing, is abolished, and the addition of a private seal to any such instrument or contract in writing shall not affect its equity or legality in any respect.<br />
<br />
Source<br />
R.S.1866, c. 49, § 1, p. 376;<br />
R.S.1913, § 6251;<br />
C.S.1922, § 5650;<br />
C.S.1929, § 76-256;<br />
R.S.1943, § 76-212.<br />
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76-213. Deeds and other instruments; executed without seal; validated.<br />
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All deeds, mortgages, or other instruments in writing, for the conveyance or encumbrance of real estate, or any interest therein, which have been made and executed without the use of a private seal are declared to be legal and valid in all courts of law and equity in this state and elsewhere.<br />
<br />
Source<br />
R.S.1866, c. 49, § 2, p. 376;<br />
R.S.1913, § 6252;<br />
C.S.1922, § 5651;<br />
C.S.1929, § 76-257;<br />
R.S.1943, § 76-213.<br />
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76-214. Deed, memorandum of contract, or land contract; recorded; death certificate filed; statement required; access.<br />
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(1) Except as provided in subsection (4) of this section, every grantee who has a deed to real estate recorded and every purchaser of real estate who has a memorandum of contract or land contract recorded shall, at the time such deed, memorandum of contract, or land contract is presented for recording, file with the register of deeds a completed statement as prescribed by the Tax Commissioner. For all deeds and all memoranda of contract and land contracts recorded on and after January 1, 2001, the statement shall not require the social security number of the grantee or purchaser or the federal employer identification number of the grantee or purchaser. This statement may require the recitation of any information contained in the deed, memorandum of contract, or land contract, the total consideration paid, the amount of the total consideration attributable to factors other than the purchase of the real estate itself, and other factors which may influence the transaction. If a death certificate is recorded as provided in subsection (2) of this section, this statement may require a date of death, the name of the decedent, and whether the title is affected as a result of a transfer on death deed, a joint tenancy deed, or the expiration of a life estate or by any other means. This statement shall be signed and filed by the grantee, the purchaser, or his or her authorized agent. The register of deeds shall forward the statement to the county assessor. If the grantee or purchaser fails to furnish the prescribed statement, the register of deeds shall not record the deed, memorandum of contract, or land contract. The register of deeds shall indicate on the statement the book and page or computer system reference where the deed, memorandum of contract, or land contract is recorded and shall immediately forward the statement to the county assessor. The county assessor shall process the statement according to the instructions of the Property Tax Administrator and shall, pursuant to the rules and regulations of the Tax Commissioner, forward the statement to the Tax Commissioner.<br />
<br />
(2)(a) The statement described in subsection (1) of this section shall be filed at the time that a certified or authenticated copy of the grantor’s death certificate is filed if such death certificate is required to be filed under section 76-2,126 and the conveyance of real estate was pursuant to a transfer on death deed.<br />
<br />
(b) The statement described in subsection (1) of this section shall not be required to be filed at the time that a transfer on death deed is filed or at the time that an instrument of revocation of a transfer on death deed as described in subdivision (a)(1)(B) of section 76-3413 is filed.<br />
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(3) Any person shall have access to the statements at the office of the Tax Commissioner, county assessor, or register of deeds if the statements are available and have not been disposed of pursuant to the records retention and disposition schedule as approved by the State Records Administrator.<br />
<br />
(4) The statement described in subsection (1) of this section shall not be required if the document being recorded is an easement, except that such statement shall be required for conservation easements and preservation easements as such terms are defined in section 76-2,111.<br />
<br />
Source<br />
Laws 1917, c. 224, § 1, p. 549;<br />
C.S.1922, § 5662;<br />
C.S.1929, § 76-268;<br />
R.S.1943, § 76-214;<br />
Laws 1965, c. 456, § 1, p. 1450;<br />
Laws 1965, c. 457, § 1, p. 1451;<br />
Laws 1981, LB 28, § 1;<br />
Laws 1981, LB 179, § 1;<br />
Laws 1984, LB 679, § 13;<br />
Laws 1985, LB 273, § 37;<br />
Laws 1986, LB 1027, § 200;<br />
Laws 1994, LB 902, § 13;<br />
Laws 1994, LB 1275, § 6;<br />
Laws 1995, LB 490, § 26;<br />
Laws 1995, LB 527, § 1;<br />
Laws 2000, LB 968, § 21;<br />
Laws 2007, LB334, § 12;<br />
Laws 2008, LB965, § 1;<br />
Laws 2009, LB348, § 1;<br />
Laws 2012, LB536, § 29;<br />
Laws 2014, LB780, § 1;<br />
Laws 2016, LB725, § 1.<br />
Effective Date: July 21, 2016<br />
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76-215. Statement; failure to furnish; penalty.<br />
<br />
Any person who fails to obey the provisions of subsection (1) of section 76-214 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor exceeding five hundred dollars.<br />
<br />
Source<br />
Laws 1917, c. 224, § 2, p. 550;<br />
C.S.1922, § 5663;<br />
C.S.1929, § 76-269;<br />
R.S.1943, § 76-215;<br />
Laws 1965, c. 456, § 2, p. 1450;<br />
Laws 1965, c. 457, § 2, p. 1452;<br />
Laws 1994, LB 1275, § 7;<br />
Laws 2012, LB536, § 30.<br />
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NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(e) ACKNOWLEDGMENT; PROOF.<br />
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76-216. Deeds; acknowledgment required.<br />
<br />
76-216. Deeds; acknowledgment required.<br />
<br />
The grantor must acknowledge the instrument with an acknowledgment as defined in section 64-205.<br />
<br />
Source<br />
R.S.1866, c. 43, § 2, p. 280;<br />
R.S.1913, § 6197;<br />
C.S.1922, § 5596;<br />
C.S.1929, § 76-202;<br />
R.S.1943, § 76-216;<br />
Laws 1978, LB 668, § 1.<br />
<br />
76-217.01. Acknowledgment; defective seal; validity.<br />
<br />
No deed, mortgage, affidavit, power of attorney or other instrument in writing shall be invalidated because of any defects in the wording of the seal of the notary public attached thereto.<br />
<br />
Source<br />
Laws 1945, c. 145, § 12, p. 494.<br />
<br />
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76-226. Deeds; execution in foreign country; laws governing; acknowledgment.<br />
<br />
If such deed be executed in a foreign country, it may be executed according to the laws of such country, and the execution thereof may be acknowledged before any notary public therein, or before any minister plenipotentiary, minister extraordinary, minister resident, charge d’affaires, commissioner, commercial agent, or consul of the United States appointed to reside therein, which acknowledgment shall be certified thereon by the officer taking the same, under his hand, and if taken before a notary public, his seal of office shall be affixed to such certificate.<br />
<br />
Source<br />
R.S.1866, c. 43, § 6, p. 281;<br />
R.S.1913, § 6202;<br />
C.S.1922, § 5601;<br />
C.S.1929, § 76-207;<br />
R.S.1943, § 76-226.<br />
<br />
76-235. Deed; receipt in evidence; recording; proof.<br />
<br />
Every deed acknowledged or proved, and certified by any of the officers named in sections 76-217, 76-219, 76-220, 76-226 and 76-227, and authorized to take acknowledgments, including the certificate specified in section 76-242, whenever such certificate is required by law, may be read in evidence without further proof, and shall be entitled to be recorded. The record of a deed duly recorded, or a transcript thereof duly certified, may also be read in evidence with the like force and effect as the original deed, whenever by the party’s oath or otherwise the original is known to be lost, or not belonging to the party wishing to use the same, nor within his control. Neither the certificate of the acknowledgment or the proof of any deed, nor the record or transcript of the record of such deed, shall be conclusive, but may be rebutted, and the force and effect thereof may be contested by any party affected thereby. If the party contesting the proof of a deed shall make it appear that such proof was taken upon the oath of an interested or incompetent witness, neither such deed nor the record thereof shall be received in evidence until established by other competent proof.<br />
<br />
Source<br />
R.S.1866, c. 43, § 13, p. 282;<br />
R.S.1913, § 6210;<br />
C.S.1922, § 5609;<br />
C.S.1929, § 76-215;<br />
R.S.1943, § 76-235.<br />
<br />
76-236. Acknowledgment or certificate of genuineness; duty to record; failure; effect.<br />
<br />
The certificate of the proof or acknowledgment of every deed, and the certificate of the genuineness of the signature of any officer, in the cases where such last-mentioned certificate is required, shall be recorded together with the deed so proved or acknowledged; and unless the certificates be so recorded, neither the record of such deed nor the transcript thereof shall be read or received in evidence.<br />
<br />
Source<br />
R.S.1866, c. 43, § 14, p. 283;<br />
R.S.1913, § 6211;<br />
C.S.1922, § 5610;<br />
C.S.1929, § 76-216;<br />
R.S.1943, § 76-236.<br />
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NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(f) RECORDING.<br />
<br />
76-237. Deeds; how recorded; when considered recorded.<br />
<br />
Every deed, entitled by law to be recorded, shall be recorded in the order and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery.<br />
<br />
Source<br />
R.S.1866, c. 43, § 15, p. 283;<br />
Laws 1887, c. 30, § 15, p. 368;<br />
R.S.1913, § 6212;<br />
C.S.1922, § 5611;<br />
C.S.1929, § 76-217;<br />
R.S.1943, § 76-237.<br />
<br />
76-238. Deeds and other instruments; recording; when effective as notice; possession of real estate; not effective as notice; when.<br />
<br />
(1) Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering such instruments to the register of deeds for recording, and not before, as to all creditors and subsequent purchasers in good faith without notice. All such instruments are void as to all creditors and subsequent purchasers without notice whose deeds, mortgages, or other instruments are recorded prior to such instruments. However, such instruments are valid between the parties to the instrument.<br />
<br />
(2) For purposes of this section, possession of agricultural real estate or residential real estate by a party related to the owner of record of the real estate within the third degree of consanguinity or affinity shall not serve as notice to a creditor or subsequent purchaser in any case in which such party is claiming rights in such real estate pursuant to a lease (a) entered into on or after July 16, 2004; (b) purporting to extend beyond a term of one year; and (c) which has not satisfied the requirements of section 76-211, unless the creditor or subsequent purchaser, in advance of recording a deed, mortgage, or other instrument, has received a written copy of such lease.<br />
<br />
(3) For purposes of this section:<br />
<br />
(a) Agricultural products includes grain and feed crops; forages and sod crops; and animal production, including breeding, feeding, or grazing of cattle, horses, swine, sheep, goats, bees, or poultry;<br />
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(b) Agricultural real estate means land which is primarily used for the production of agricultural products, including waste land lying in or adjacent to and in common ownership with land used for the production of agricultural products;<br />
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(c) Related within the third degree of consanguinity or affinity includes parents, grandparents, great-grandparents, children, grandchildren, great-grandchildren, brothers, sisters, uncles, aunts, nephews, nieces, and spouses of the same and any partnership, limited liability company, or corporation in which all of the partners, members, or shareholders are related within the third degree of consanguinity or affinity; and<br />
<br />
(d) Residential real estate means real estate containing not more than four units designed for use for residential purposes. A condominium unit that is otherwise residential real estate remains so even though the condominium development contains more than four dwelling units or units for nonresidential purposes.<br />
<br />
Source<br />
R.S.1866, c. 43, § 16, p. 283;<br />
Laws 1887, c. 30, § 16, p. 369;<br />
R.S.1913, § 6213;<br />
C.S.1922, § 5612;<br />
C.S.1929, § 76-218;<br />
Laws 1941, c. 154, § 1, p. 599;<br />
C.S.Supp.,1941, § 76-218;<br />
R.S.1943, § 76-238;<br />
Laws 2004, LB 155, § 6;<br />
Laws 2012, LB536, § 32.<br />
<br />
76-239. Deed of trust, mortgage, or real estate sale contract; record; effect as notice; when expires; extension; exceptions.<br />
<br />
(1) After the expiration of ten years from the date of maturity of any debt or other obligation secured by a deed of trust, mortgage, or real estate sale contract as stated in or ascertainable from the record of such deed of trust, mortgage, or contract and, in cases where the date of such maturity cannot be ascertained from such record, after the expiration of thirty years from the date of such deed of trust, mortgage, or contract, the record of any deed of trust, mortgage, or real estate contract that has been recorded shall cease to be notice of the existence and lien of such deed of trust, mortgage, or contract as to subsequent encumbrancers and purchasers for value whose deeds, deeds of trust, mortgages, or other instruments shall be thereafter executed and recorded. Such deed of trust, mortgage, or contract shall be conclusively presumed to have been fully paid and discharged and the record thereof shall thereupon cease to be or constitute notice of the existence or lien thereof and shall be wholly void and thereafter shall not be construed to be any part of the public records in the office of the register of deeds as against subsequent purchasers and encumbrancers for value.<br />
<br />
(2) Prior to the termination of the record and notice pursuant to subsection (1) of this section, the owner and holder of the deed of trust, mortgage, or contract may file for record with the register of deeds an affidavit to the effect that the deed of trust, mortgage, or contract is unpaid and is still a valid and subsisting lien. Upon the filing of such affidavit the record of the deed of trust, mortgage, or contract shall continue to exist and be valid as notice of the existence of such deed of trust, mortgage, or contract and of any lien thereof, for an additional period of ten years from the date of the filing of such affidavit. The owner and holder of such deed of trust, mortgage, or contract may alternatively file for record with the register of deeds a duly executed written extension agreement thereof in which event the record of the deed of trust, mortgage, or contract shall continue to exist and be valid as notice of the existence of such deed of trust, mortgage, or contract and of any lien thereof, for an additional period of ten years from the maturity of the deed of trust, mortgage, or contract debt as shown by the recorded extension agreement.<br />
<br />
(3) Such periods of notice may be successively extended for additional periods. However, this section shall not be construed as to extend the time within which an action on any deed of trust, mortgage, or contract may be instituted, or in any manner to alter or amend the time within which any action on a deed of trust, mortgage, or contract may be brought under the general laws of this state. This section also shall not apply to mortgages or deeds of trust and instruments supplementary or amendatory thereto covering real estate as well as personal property, such property constituting a portion of property used in carrying on the business of a public utility or a gas or oil pipeline system, and executed to secure the payment of money. The lien of mortgages or deeds of trust and supplements and amendments thereto shall continue in force and effect as to any interest of the mortgagor in the real estate described therein, together with personal property, without the necessity of such renewal affidavit or extension agreement being made and filed, and notwithstanding that the same may have been on file for the period of time set out in this section. The mortgage or deed of trust or instruments supplementary or amendatory thereto shall disclose that the mortgagor or grantor therein is then carrying on the business of a public utility or a gas or oil pipeline system or the mortgagor or grantor has filed an affidavit to that effect for record with the register of deeds.<br />
<br />
(4) It is the intent of the Legislature that the changes made by Laws 2005, LB 97, shall not affect or alter the status of any deed of trust, mortgage, or real estate sales contract rendered void prior to September 4, 2005.<br />
<br />
Source<br />
Laws 1941, c. 154, § 2, p. 600;<br />
C.S.Supp.,1941, § 76-279;<br />
R.S.1943, § 76-239;<br />
Laws 1957, c. 138, § 2, p. 461;<br />
Laws 2005, LB 97, § 1.<br />
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76-241. Deeds and other instruments; when not lawfully recorded.<br />
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All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.<br />
<br />
Source<br />
R.S.1866, c. 43, § 17, p. 283;<br />
R.S.1913, § 6214;<br />
C.S.1922, § 5613;<br />
C.S.1929, § 76-219;<br />
R.S.1943, § 76-241;<br />
Laws 1973, LB 227, § 2.<br />
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76-243. Deed; record; absence of seal of person taking acknowledgment; when not objectionable.<br />
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It shall be no objection to the record of a deed that no official seal is appended to the recorded acknowledgment or proof thereof if, when the acknowledgment or proof purports to have been taken by an officer having an official seal, there is a statement in the certificate of acknowledgment or proof that the same is made under his hand and seal of office, and such statement shall be presumptive evidence that the affixed seal was attached to the original certificate.<br />
<br />
Source<br />
R.S.1866, c. 43, § 23, p. 285;<br />
Laws 1875, § 1, p. 90;<br />
R.S.1913, § 6218;<br />
C.S.1922, § 5617;<br />
C.S.1929, § 76-223;<br />
R.S.1943, § 76-243.<br />
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76-244. Lost deed or instrument; how proved.<br />
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The copy of any record, or of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may, on proof of the loss of the original and of the record, be again recorded, and such record shall have the same effect as the original record.<br />
<br />
Source<br />
R.S.1866, c. 43, § 24, p. 285;<br />
R.S.1913, § 6219;<br />
C.S.1922, § 5618;<br />
C.S.1929, § 76-224;<br />
R.S.1943, § 76-244.<br />
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76-245. Deeds and other instruments; where recorded.<br />
<br />
Deeds and other instruments relating to or affecting the title of real estate in this state shall be recorded in the county in which such real estate, or any part thereof, is situated.<br />
<br />
Source<br />
R.S.1866, c. 43, § 21, p. 284;<br />
R.S.1913, § 6215;<br />
C.S.1922, § 5614;<br />
C.S.1929, § 76-220;<br />
R.S.1943, § 76-245.<br />
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76-246. Conveyances; power of attorney; how revoked.<br />
<br />
No instrument containing a power to convey, or in any manner to affect real estate, executed, acknowledged or proved, and certified and recorded in conformity with the requirements of sections 76-211 to 76-245 and 76-2,126, can be revoked by any act of the party or parties thereto until the instrument of revocation is executed, acknowledged or proved, and certified and filed for record with the register of deeds of the county in which the power is recorded.<br />
<br />
Source<br />
R.S.1866, c. 43, § 22, p. 285;<br />
Laws 1887, c. 30, § 17, p. 369;<br />
R.S.1913, § 6216;<br />
C.S.1922, § 5615;<br />
C.S.1929, § 76-221;<br />
R.S.1943, § 76-246;<br />
Laws 2012, LB536, § 33.<br />
<br />
76-247. Conveyances; power of attorney; copies, penalty.<br />
<br />
A duly authenticated copy of the record of any power recorded in this state shall be entitled to record and shall operate to all intents and purposes, having the same force and effect, as the record of the original instrument. Such copy shall be duly authenticated only when there shall be attached thereto a certificate of the register of deeds under his hand and official seal, setting forth that the same is a true copy of the original record in his office, the date of the filing of the original instrument, and the volume and page where the same is recorded; Provided, it shall be unlawful for any register of deeds in this state to give a certified copy of any power of attorney which has been revoked and the revocation thereof filed in his office, without also stating the fact of such revocation in his certificate; and any person violating any of the provisions of this section shall be guilty of a Class V misdemeanor.<br />
<br />
Source<br />
Laws 1883, c. 64, § 1, p. 265;<br />
Laws 1887, c. 30, § 27, p. 373;<br />
R.S.1913, § 6217;<br />
C.S.1922, § 5616;<br />
C.S.1929, § 76-222;<br />
R.S.1943, § 76-247;<br />
Laws 1977, LB 39, § 207.<br />
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76-251. Deed intended as mortgage; recording; effect.<br />
<br />
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 shall be made shall not derive any advantage from the recording thereof, unless every writing operating as a defeasance, or explaining its effect as a mortgage, or conditional deed, is also recorded therewith and at the same time.<br />
<br />
Source<br />
R.S.1866, c. 43, § 29, p. 286;<br />
R.S.1913, § 6223;<br />
C.S.1922, § 5622;<br />
C.S.1929, § 76-228;<br />
R.S.1943, § 76-251.<br />
<br />
76-257. Deeds and other instruments; recording; duty of register of deeds to reference on instrument.<br />
<br />
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.<br />
<br />
Source<br />
R.S.1866, c. 43, § 37, p. 287;<br />
Laws 1887, c. 30, § 24, p. 372;<br />
R.S.1913, § 6227;<br />
C.S.1922, § 5626;<br />
C.S.1929, § 76-232;<br />
R.S.1943, § 76-257;<br />
Laws 1984, LB 679, § 15.<br />
<br />
NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(g) CURATIVE ACTS.<br />
<br />
76-258. Deeds and other instruments; formal defects; recorded for more than ten years; validated.<br />
<br />
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 instrument, or the record thereof, because of defect, irregularity or omission, fails to comply in any respect with any statutory requirement or requirements relating to the execution, attestation, acknowledgment, certificate of acknowledgment, recording or certificate of recording, such instrument and the record thereof shall, notwithstanding any or all of such defects, irregularities and omissions, be fully legal, valid, binding and effectual for all purposes to the same extent as though such instrument had, in the first instance, been in all respects duly executed, attested, acknowledged and recorded.<br />
<br />
Source<br />
Laws 1941, c. 152, § 1, p. 593;<br />
C.S.Supp.,1941, § 76-276;<br />
R.S.1943, § 76-258.<br />
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76-259. Deeds and other instruments; formal defects; what constitutes.<br />
<br />
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, certificate of acknowledgment, or certificate of recording, and shall apply with like force to instruments whether or not the real estate involved is homestead.<br />
<br />
Source<br />
Laws 1941, c. 152, § 2, p. 593;<br />
C.S.Supp.,1941, § 76-277;<br />
R.S.1943, § 76-259.<br />
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76-260. Deeds and other instruments; recorded for more than ten years; effective as notice despite formal defects.<br />
<br />
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 or omissions; and such instrument, the record thereof, or a duly authenticated copy shall be competent evidence to the same extent as such instrument would have been competent if valid in the first instance.<br />
<br />
Source<br />
Laws 1941, c. 152, § 3, p. 593;<br />
C.S.Supp.,1941, § 76-278;<br />
R.S.1943, § 76-260.<br />
<br />
76-264. Deeds executed in another state; omission of private seal, validated.<br />
<br />
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 such state, territory or district, shall be held invalid because of the failure of the grantor to affix thereto his private seal, although the affixing of such private seal may be required by the laws of such state, territory or district. Every such deed of conveyance or other instrument, which has been so executed and acknowledged or proved, is declared to be legal, valid and binding, and all such deeds of conveyance or other instruments, and the record thereof in the office of the register of deeds of the county in which said real estate is situated, shall be competent evidence in the courts of this state.<br />
<br />
Source<br />
Laws 1917, c. 223, § 4, p. 546;<br />
C.S.1922, § 5657;<br />
C.S.1929, § 76-263;<br />
R.S.1943, § 76-264.<br />
<br />
76-269.01. Deed of conveyance executed by a personal representative; validity.<br />
<br />
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 to convey real estate without court order or that a court order authorizing the sale of the real estate was invalid.<br />
<br />
Source<br />
Laws 1994, LB 188, § 2.<br />
<br />
NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(h) SPECIAL KINDS OF CONVEYANCES.<br />
<br />
76-277. Conveyances; claims and improvements upon public lands; law applicable.<br />
<br />
Sections 76-201 to 76-281 and 76-2,126 apply to the conveyance of all claims and improvements upon the public lands.<br />
<br />
Source<br />
R.S.1866, c. 43, § 35, p. 287;<br />
R.S.1913, § 6231;<br />
C.S.1922, § 5630;<br />
C.S.1929, § 76-236;<br />
R.S.1943, § 76-277;<br />
Laws 2012, LB536, § 34.<br />
<br />
76-279. Public lands; improvements; conveyances; effect.<br />
<br />
All deeds of quitclaim or other conveyance of all improvements upon public lands shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.<br />
<br />
Source<br />
R.S.1866, c. 24, § 2, p. 187;<br />
R.S.1913, § 6247;<br />
C.S.1922, § 5646;<br />
C.S.1929, § 76-252;<br />
R.S.1943, § 76-279.<br />
<br />
NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(k) DUAL CONTRACTS.<br />
<br />
76-2,106. Terms, defined.<br />
<br />
As used in sections 76-2,106 to 76-2,108, unless the context otherwise requires:<br />
<br />
(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 true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price and is used as an inducement to make a loan commitment on such real property in reliance upon the stated inflated value; and<br />
<br />
(2) Fraudulent instrument shall mean any paper, document, or other form in writing that is intentionally used as subterfuge or device to induce the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.<br />
<br />
Source<br />
Laws 1969, c. 610, § 1, p. 2476.<br />
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76-2,107. Dual contracts; substituting one instrument for another; fraudulent instrument; unlawful.<br />
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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 a loan or the extension of credit, with respect to transactions whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another, or (3) induce by any fraudulent instrument in writing the making of a loan or the extension of credit as a part of a transaction whereby either the title to real property is transferred or valuable improvements are placed on real property in this state, whether for the benefit of the inducer or another.<br />
<br />
Source<br />
Laws 1969, c. 610, § 2, p. 2477.<br />
<br />
NEBRASKA REVISED STATUTES<br />
CHAPTER 76. REAL PROPERTY.<br />
ARTICLE 2. CONVEYANCES.<br />
(p) DISCLOSURE STATEMENT.<br />
<br />
76-2,120. Written disclosure statement required, when; contents; delivery; liability; noncompliance; effect; State Real Estate Commission; rules and regulations.<br />
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(1) For purposes of this section:<br />
<br />
(a) Ground lease coupled with improvements shall mean a lease for a parcel of land on which one to four residential dwelling units have been constructed;<br />
<br />
(b) Purchaser shall mean a person who acquires, attempts to acquire, or succeeds to an interest in land;<br />
<br />
(c) Residential real property shall mean real property which is being used primarily for residential purposes on which no fewer than one or more than four dwelling units are located; and<br />
<br />
(d) Seller shall mean an owner of real property who sells or attempts to sell, including lease with option to purchase, residential real property, whether an individual, partnership, limited liability company, corporation, or trust. A sale of a residential dwelling which is subject to a ground lease coupled with improvements shall be a sale of residential real property for purposes of this subdivision.<br />
<br />
(2) Each seller of residential real property located in Nebraska shall provide the purchaser with a written disclosure statement of the real property’s condition. The disclosure statement shall be executed by the seller. The requirements of this section shall also apply to a sale of improvements which contain residential real property when the improvements are sold coupled with a ground lease and to any lease with the option to purchase residential real property.<br />
<br />
(3) The disclosure statement shall include language at the beginning which states:<br />
<br />
(a) That the statement is being completed and delivered in accordance with Nebraska law;<br />
<br />
(b) That Nebraska law requires the seller to complete the statement;<br />
<br />
(c) The real property’s address and legal description;<br />
<br />
(d) That the statement is a disclosure of the real property’s condition as known by the seller on the date of disclosure;<br />
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(e) That the statement is not a warranty of any kind by the seller or any agent representing a principal in the transaction;<br />
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(f) That the statement should not be accepted as a substitute for any inspection or warranty that the purchaser may wish to obtain;<br />
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(g) That even though the information provided in the statement is not a warranty, the purchaser may rely on the information in deciding whether and on what terms to purchase the real property;<br />
<br />
(h) That any agent representing a principal in the transaction may provide a copy of the statement to any other person in connection with any actual or possible sale of the real property; and<br />
<br />
(i) That the information provided in the statement is the representation of the seller and not the representation of any agent and that the information is not intended to be part of any contract between the seller and purchaser.<br />
<br />
(4) In addition to the requirements of subsection (3) of this section, the disclosure statement shall disclose the condition of the real property and any improvements on the real property, including:<br />
<br />
(a) The condition of all appliances that are included in the sale and whether the appliances are in working condition;<br />
<br />
(b) The condition of the electrical system;<br />
<br />
(c) The condition of the heating and cooling systems;<br />
<br />
(d) The condition of the water system;<br />
<br />
(e) The condition of the sewer system;<br />
<br />
(f) The condition of all improvements on the real property and any defects that materially affect the value of the real property or improvements;<br />
<br />
(g) Any hazardous conditions, including substances, materials, and products on the real property which may be an environmental hazard;<br />
<br />
(h) Any title conditions which affect the real property, including encroachments, easements, and zoning restrictions;<br />
<br />
(i) The utility connections and whether they are public, private, or community;<br />
<br />
(j) The existence of any private transfer fee obligation as defined in section 76-3107; and<br />
<br />
(k) Information relating to compliance with the requirements for a carbon monoxide alarm as provided in sections 76-604 and 76-605.<br />
<br />
(5) The disclosure statement shall be completed to the best of the seller’s belief and knowledge as of the date the disclosure statement is completed and signed by the seller. If any information required by the disclosure statement is unknown to the seller, the seller may indicate that fact on the disclosure statement and the seller shall be in compliance with this section. On or before the effective date of any contract which binds the purchaser to purchase the real property, the seller shall update the information on the disclosure statement whenever the seller has knowledge that information on the disclosure statement is no longer accurate.<br />
<br />
(6) This section shall not apply to a transfer:<br />
<br />
(a) Pursuant to a court order, a foreclosure sale, or a sale by a trustee under a power of sale in a deed of trust;<br />
<br />
(b) By a trustee in bankruptcy;<br />
<br />
(c) To a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;<br />
<br />
(d) By a mortgagee, a beneficiary under a deed of trust, or a seller under a land contract who has acquired the real property at a sale conducted pursuant to a power of sale under a deed of trust, at a sale pursuant to a court-ordered foreclosure, or by a deed in lieu of foreclosure;<br />
<br />
(e) By a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust except when the fiduciary is also the occupant or was an occupant of one of the dwelling units being sold;<br />
<br />
(f) From one or more co-owners to one or more other co-owners;<br />
<br />
(g) Made to a spouse or to a person or persons in the lineal line of consanguinity of one or more of the transferors;<br />
<br />
(h) Between spouses resulting from a decree of dissolution of marriage or a decree of legal separation or from a property settlement agreement incidental to such a decree;<br />
<br />
(i) Pursuant to a merger, consolidation, sale, or transfer of assets of a corporation pursuant to a plan of merger or consolidation filed with the Secretary of State;<br />
<br />
(j) To or from any governmental entity;<br />
<br />
(k) Of newly constructed residential real property which has never been occupied; or<br />
<br />
(l) From a third-party relocation company if the third-party relocation company has provided the prospective purchaser a disclosure statement from the most immediate seller unless the most immediate seller meets one of the exceptions in this section. If a disclosure statement is required, and if a third-party relocation company fails to supply a disclosure statement from its most immediate seller on or before the effective date of any contract which binds the purchaser to purchase the real property, the third-party relocation company shall be liable to the prospective purchaser to the same extent as a seller under this section.<br />
<br />
(7) The disclosure statement and any update to the statement shall be delivered by the seller or the agent of the seller to the purchaser or the agent of the purchaser on or before the effective date of any contract which binds the purchaser to purchase the real property, and the purchaser shall acknowledge in writing receipt of the disclosure statement or update.<br />
<br />
(8) The seller shall not be liable under this section for any error, inaccuracy, or omission of any information in a disclosure statement if the error, inaccuracy, or omission was not within the personal knowledge of the seller.<br />
<br />
(9) A person representing a principal in the transaction shall not be liable under this section for any error, inaccuracy, or omission of any information in a disclosure statement unless that person has knowledge of the error, inaccuracy, or omission on the part of the seller.<br />
<br />
(10) A person licensed as a salesperson or broker pursuant to the Nebraska Real Estate License Act shall not be required to verify the accuracy or completeness of any disclosure statement prepared pursuant to this section, and the only obligation of a buyer’s agent pursuant to this section is to assure that a copy of the statement is delivered to the buyer on or before the effective date of any purchase agreement which binds the buyer to purchase the property subject to the disclosure statement. This subsection does not limit the duties and obligations provided in section 76-2418 or in subsection (9) of this section with respect to a buyer’s agent.<br />
<br />
(11) A transfer of an interest in real property subject to this section may not be invalidated solely because of the failure of any person to comply with this section.<br />
<br />
(12) If a conveyance of real property is not made in compliance with this section, the purchaser shall have a cause of action against the seller and may recover the actual damages, court costs, and reasonable attorney’s fees. The cause of action created by this section shall be in addition to any other cause of action that the purchaser may have. Any action to recover damages under the cause of action shall be commenced within one year after the purchaser takes possession or the conveyance of the real property, whichever occurs first.<br />
<br />
(13) The State Real Estate Commission shall adopt and promulgate rules and regulations to carry out this section. By January 1, 2017, the commission shall adopt and promulgate rules and regulations to amend the disclosure statement prepared pursuant to this section to be in compliance with the requirements of subdivision (4)(k) of this section.<br />
<br />
Source<br />
Laws 1994, LB 642, § 1;<br />
Laws 2002, LB 863, § 1;<br />
Laws 2011, LB26, § 13;<br />
Laws 2015, LB34, § 8.<br />
<br />
NEBRASKA CASE LAW<br />
<br />
As in a mortgage, one selling under an installment land contract agrees to accept payments from the buyer, generally by a series of installments over time, until the purchase price as established by the contract has been paid. When the contract price has been paid, the seller must deliver a deed of title to the buyer. Under such an arrangement, the seller retains the legal title as security for the deferred installments of the purchase price, and the buyer acquires equitable ownership of the property. The net result is that the seller holds the legal title in trust for the buyer. The buyer in possession, on the other hand, is, for all practical purposes, the owner of the property, with all the rights of an owner, subject only to the terms of the contract. Mackiewicz v. J.J. & Associates, 514 N.W.2d 613 (1994).<br />
<br />
The Supreme Court of Nebraska refuses to strictly enforce the traditional remedy of forfeiture in the event of a default on a land contract and instead recognizes the right of a seller to foreclose as if the contract were a mortgage. Id.<br />
<br />
The Supreme Court of Nebraska recognizes the right of a seller in an executory land contract to treat the contract in an installment land action like the note given in a mortgage transaction to support an action at law and sue the purchaser for a deficiency judgment. Id.<br />
<br />
A vendor in an executory land contract, upon default of payment by the vendee, has the right to foreclose on the executory land contract as if it were a mortgage and obtain a deficiency judgment after such a foreclosure. Porter v. Smith, 486 N.W.2d 846 (1992)<br />
<br />
While the vendor in a real estate installment contract may not accept or take possession and retain the amounts paid under the contract and still seek money damages, he or she may, even after sending notice of forfeiture, alter his or her choice of remedies and commence an action either for money damages or for foreclosure of the land contract. Id.
