Nebraska Revised Statutes
Neb. Rev. Stat. § 76-1005 (2026)
Power of sale conferred on trustee
✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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A power of sale may be conferred upon the trustee which the trustee may exercise and under which the trust property may be sold in the manner provided in the Nebraska Trust Deeds Act after a breach of an obligation for which the trust property is conveyed as security, or at the option of the beneficiary a trust deed may be foreclosed in the manner provided by law for the foreclosure of mortgages on real property. The power of sale shall be expressly provided for in the trust deed.
Notes of Decisions
Cited in 17
cases (5 in the last 5 years), 1982–2026 · leading case: First Nat. Bank of Omaha v. Davey, 830 N.W.2d 63 (Neb. 2013).
First Nat. Bank of Omaha v. Davey, 830 N.W.2d 63 (Neb. 2013). “12 Because the Act allows the property securing an obligation to be sold without the judicial involve- ment that would be required to foreclose upon a mortgage, the proceedings surrounding a trustee’s sale pursuant to the Act are sometimes referred to as “nonjudicial…”
Bank of Papillion v. Ky Thi Nguyen, 567 N.W.2d 166 (Neb. 1997). “See, also, § 76-1005. In this case, the Bank, as trustee, chose to exercise the power of sale conferred by the trust deed.”
Arizona Motor Speedway, Inc. v. Hoppe, 506 N.W.2d 699 (Neb. 1993). “Section 76-1005 of the Nebraska Trust Deeds Act provides that “[a] power of sale may be conferred upon the trustee which the trustee may exercise and under which the trust property may be sold .”
PSB Credit Servs., Inc. v. Rich, 558 N.W.2d 295 (Neb. 1997). “Neb. Rev. Stat. § 76-1005 (Cum. Supp. 1994).”
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003). “See § 76-1005. We stated: [The Act] authorizes the use of trust deeds to secure the performance of obligations and prescribes, generally, the *624 procedures for their execution and enforcement.”
David Anderson v. Bank of the West, 23 F.4th 1056 (8th Cir. 2022). “See Neb. Rev. Stat. § 76-1005 . In February 2019, U.”
Omaha Nat'l Bank v. Goddard Realty, Inc., 316 N.W.2d 306 (Neb. 1982). “By reason of the default, ONB declared the deed of trust notes and deeds of trust held by it due and payable and sought to foreclose pursuant to Neb. Rev. Stat. § 76-1005 (Reissue 1976).”
PSB Credit Servs., Inc. v. Rich, 552 N.W.2d 58 (Neb. Ct. App. 1996). “On March 13, 1995, nearly 8 years after the last payment on the note, PSB filed a petition of foreclosure against the appellees (claimants), electing, pursuant to Neb. Rev. Stat. § 76-1005 (Cum. Supp. 1994), to foreclose the Elander deed of trust in the manner provided by law…”
State Bank of Trenton v. Lutz, 719 N.W.2d 731 (Neb. Ct. App. 2006). “The only two statutory remedies for breach of a trust deed are set forth in § 76-1005, which states: A power of sale may be conferred upon the trustee which the trustee may exercise and under which the trust property may be sold in the manner provided in the Nebraska Trust Deeds…”
Whipple v. Com. Bank of Blue Hill, 572 N.W.2d 797 (Neb. Ct. App. 1997). “Neb. Rev. Stat. § 76-1005 (Reissue 1996).”
Am. Exch. Bank v. Topp, 35 N.W.3d 411 (Neb. 2026). “” Before rendering judgment, the court shall find the fair market value at the date of sale of the property sold.”
Pantano v. Maryland Plaza P'ship, 507 N.W.2d 484 (Neb. 1993). “The amount of the deficiency judgment is limited; a creditor can recover only the difference between the total indebtedness and the greater of the sale price or the fair market value.”
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