(1) The power of sale conferred in the Nebraska Trust Deeds Act upon the trustee shall not be exercised until:
(a) The trustee or the attorney for the trustee shall first file for record in the office of the register of deeds of each county wherein the trust property or some part or parcel thereof is situated a notice of default identifying the trust deed by stating the name of the trustor named therein and giving the book and page or computer system reference where the same is recorded and a description of the trust property, containing a statement that a breach of an obligation for which the trust property was conveyed as security has occurred, and setting forth the nature of such breach and of his or her election to sell or cause to be sold such property to satisfy the obligation;
(b) If the trust property is used in farming operations carried on by the trustor, not in any incorporated city or village, the notice of default also sets forth:
(i) A statement that the default may be cured within two months of the filing for record of the notice of default and the obligation and trust deed may be thereby reinstated as provided in section 76-1012;
(ii) A statement of the amount of the entire unpaid principal sum secured by the trust deed, the amount of interest accrued thereon to and including the date the notice of default is signed by the trustee or the trustee's attorney, and the dollar amount of the per diem interest accruing from and after such date; and
(iii) A statement of the amount of the unpaid principal which would not then be due had no default occurred; and
(c) After the lapse of not less than one month, or two months if the notice of default is subject to subdivision (1)(b)(i) of this section, the trustee or the attorney for the trustee shall give notice of sale as provided in section 76-1007.
(2) Subsequent to the filing of a notice of default pursuant to this section, the trustee or the attorney for the trustee, within five business days after receipt of a written request by a designated representative of the incorporated city or village having jurisdiction of the trust property, shall provide the name and address of a person designated by the beneficiary of the trust deed to accept notices of violations of ordinances by the owner of the trust property on behalf of the beneficiary. Failure to provide the name and address required under this subsection shall not void, invalidate, or affect in any way a notice of default filed under this section. This subsection does not impose upon the beneficiary, trustee, or the attorney for the trustee a duty to maintain the trust property. The designation of a representative to receive notices shall terminate upon transfer of fee title ownership to the trust property.
Notes of Decisions
Cited in
15
cases (
6 in the last 5 years), 1996–2026 · leading case:
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
· cites it 10× “” § 76-1006(1). This section sets out what the notice of default must contain.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
· cites it 11× “" 23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
24th & Dodge Ltd. P'ship v. Acceptance Ins. Co., 690 N.W.2d 769 (Neb. 2005).
· cites it 18× “§ 76-1006 Next, 24th & Dodge argues that the appellees failed to give proper notice of the outstanding balance on the underlying loan obligation as required by § 76-1006.”
Trausch v. Hagemeier, 313 Neb. 538 (Neb. 2023).
· cites it 3× “The Trausches claim that Hagemeier’s false notariza- tion enabled the Documents to be recorded, without which the Bank could not have foreclosed against the real property pursuant to the foreclosure process described in Neb. Rev. Stat. § 76-1006 (Reissue 2018).”
First Nat. Bank of Omaha v. Davey, 830 N.W.2d 63 (Neb. 2013).
· cites it 2× “…property is 8 See Blair Co. v. American Savings Co., 184 Neb. 557 , 169 N.W.2d 292 (1969). 9 See § 76-1002(1). 10 See §§ 76-1006 to 76-1011. 11 See § 76-1005. 12 See §§ 76-1006 to 76-1011. 13 See Westin Hills v. Federal Nat. Mortgage Assn., 283 Neb. 960 , 814 N.W.2d 378…”
24th & Dodge Ltd. P'ship v. Acceptance Ins., 690 N.W.2d 769 (Neb. 2005).
· cites it 18× “Finally, 24th & Dodge asserted that pursuant to Neb. Rev. Stat. § 76-1006 (2) (Reissue 2003), the appellees were required to give notice of the outstanding balance on the underlying loan obligation, including unpaid principal and interest.”
Trausch v. Hagemeier, 313 Neb. 538 (Neb. 2023).
· cites it 3× “The Trausches claim that Hagemeier’s false notariza- tion enabled the Documents to be recorded, without which the Bank could not have foreclosed against the real property pursuant to the foreclosure process described in Neb. Rev. Stat. § 76-1006 (Reissue 2018).”
State Bank of Trenton v. Lutz, 719 N.W.2d 731 (Neb. Ct. App. 2006).
“And, § 76-1006 provides that the power of sale shall not be exercised until the trustee files for record in the office of the register of deeds in the county where the trust property is located a notice of default identifying the trust deed.”
Am. Exch. Bank v. Topp, 321 Neb. 409 (Neb. 2026).
· cites it 3× “See Neb. Rev. Stat. §§ 76-1006 to 76-1011 (Reissue 2018 & Cum.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
· cites it 11× “”23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
Strong v. Caliber Home Loans, Inc. (D. Neb. 2020).
· cites it 8× “7 Further, Neb. Rev. Stat. § 76-1006 describes the prerequisites to utilizing the power of sale authorized under the Trust Deeds Act.”
Koch v. Mielak (Neb. Ct. App. 2021).
· cites it 4× “(i) Notice of Default Section 76-1006(1)(a) provides that a trustee shall not exercise the power of sale until: The trustee or the attorney for the trustee shall first file for record in the office of the register of deeds of each county wherein the trust property or some part…”
— Neb. Rev. Stat. § 76-1006(1) — 5 cases
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
“” § 76-1006(1). This section sets out what the notice of default must contain.”
24th & Dodge Ltd. P'ship v. Acceptance Ins. Co., 690 N.W.2d 769 (Neb. 2005).
“§ 76-1006 Next, 24th & Dodge argues that the appellees failed to give proper notice of the outstanding balance on the underlying loan obligation as required by § 76-1006.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
“" 23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
24th & Dodge Ltd. P'ship v. Acceptance Ins., 690 N.W.2d 769 (Neb. 2005).
“Finally, 24th & Dodge asserted that pursuant to Neb. Rev. Stat. § 76-1006 (2) (Reissue 2003), the appellees were required to give notice of the outstanding balance on the underlying loan obligation, including unpaid principal and interest.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
“”23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
— Neb. Rev. Stat. § 76-1006(1)(a) — 1 case
Koch v. Mielak (Neb. Ct. App. 2021).
“(i) Notice of Default Section 76-1006(1)(a) provides that a trustee shall not exercise the power of sale until: The trustee or the attorney for the trustee shall first file for record in the office of the register of deeds of each county wherein the trust property or some part…”
— Neb. Rev. Stat. § 76-1006(1)(b) — 1 case
Koch v. Mielak (Neb. Ct. App. 2021).
“(i) Notice of Default Section 76-1006(1)(a) provides that a trustee shall not exercise the power of sale until: The trustee or the attorney for the trustee shall first file for record in the office of the register of deeds of each county wherein the trust property or some part…”
— Neb. Rev. Stat. § 76-1006(1)(c) — 1 case
Koch v. Mielak (Neb. Ct. App. 2021).
“(i) Notice of Default Section 76-1006(1)(a) provides that a trustee shall not exercise the power of sale until: The trustee or the attorney for the trustee shall first file for record in the office of the register of deeds of each county wherein the trust property or some part…”
— Neb. Rev. Stat. § 76-1006(2) — 5 cases
Gilroy v. Ryberg, 667 N.W.2d 544 (Neb. 2003).
“” § 76-1006(1). This section sets out what the notice of default must contain.”
24th & Dodge Ltd. P'ship v. Acceptance Ins. Co., 690 N.W.2d 769 (Neb. 2005).
“§ 76-1006 Next, 24th & Dodge argues that the appellees failed to give proper notice of the outstanding balance on the underlying loan obligation as required by § 76-1006.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
“" 23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
24th & Dodge Ltd. P'ship v. Acceptance Ins., 690 N.W.2d 769 (Neb. 2005).
“Finally, 24th & Dodge asserted that pursuant to Neb. Rev. Stat. § 76-1006 (2) (Reissue 2003), the appellees were required to give notice of the outstanding balance on the underlying loan obligation, including unpaid principal and interest.”
First Nat. Bank North Platte v. Cardenas, 299 Neb. 497 (Neb. 2018).
“”23 Although § 76-1006 imposes the requirement for notices of default, § 76-1012 provides the means by which a trustor may cure the default of an obligation secured by a trust deed.”
— Neb. Rev. Stat. § 76-1006(2)(b) — 2 cases
24th & Dodge Ltd. P'ship v. Acceptance Ins. Co., 690 N.W.2d 769 (Neb. 2005).
“§ 76-1006 Next, 24th & Dodge argues that the appellees failed to give proper notice of the outstanding balance on the underlying loan obligation as required by § 76-1006.”
24th & Dodge Ltd. P'ship v. Acceptance Ins., 690 N.W.2d 769 (Neb. 2005).
“Finally, 24th & Dodge asserted that pursuant to Neb. Rev. Stat. § 76-1006 (2) (Reissue 2003), the appellees were required to give notice of the outstanding balance on the underlying loan obligation, including unpaid principal and interest.”
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