Nebraska Revised Statutes

Neb. Rev. Stat. § 76-1017 (2026)

Trust deed; instruments entitled to be recorded; assignment of beneficial interest

✓ current as of July 2026

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Any trust deed, substitution of trustee, assignment of a beneficial interest under a trust deed, notice of default, trustee's deed, reconveyance of the trust property and any instrument by which any trust deed is subordinated or waived as to priority, when acknowledged as provided by law, shall be entitled to be recorded, and shall, from the time of filing the same with the register of deeds for record, impart notice of the contents thereof, to all persons, including subsequent purchasers and encumbrancers for value, except that the recording of an assignment of a beneficial interest in the trust deed shall not in itself be deemed notice of such assignment to the trustor, his heirs or personal representatives, so as to invalidate any payment made by them, or any of them, to the person holding the note, bond or other instrument evidencing the obligation by the trust deed.

Notes of Decisions

Cited in 3 cases, 2008–2016 · leading case: Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016).

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Klein v. Oakland/Red Oak Holdings, 883 N.W.2d 699 (Neb. 2016). “Within the Act, with respect to instruments that are entitled to be recorded and put parties on notice of such instruments, § 76-1017 provides: Any trust deed, substitution of trustee, assignment of a beneficial interest under a trust deed, notice of default, trustee’s deed,…”

Borrenpohl v. DaBeers Props., LLC, 755 N.W.2d 39 (Neb. 2008). · cites it 2× “" Thus, under chapter 76, the deed of trust and the notice of commencement that were "delivered" together were "recorded" together at the time of such delivery.”

BowlNebraska, L.L.C. v. Omaha State Bank (8th Cir. BAP 2010). “18 Neb. Rev. Stat. § 76-1017 . 7 notices of default would have inquired about the Bank’s interest in the property.”

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