45-1064 – Preauthorized loans; additional fees, costs, and expenses authorized; restrictions.
45-1064. Preauthorized loans; additional fees, costs, and expenses authorized; restrictions. In addition to the charges permitted under section 45-1062, a licensee may contract for and receive the fees, costs, and expenses permitted by the Nebraska Installment Loan Act on other loans, subject to all the conditions and restrictions set forth in the act with the […]
45-1203 – Contractor; payment; payment request; subcontractor; payment; retainage; payment.
45-1203. Contractor; payment; payment request; subcontractor; payment; retainage; payment. (1) When a contractor has performed work in accordance with the provisions of a contract with an owner, the owner shall pay the contractor within thirty days after receipt by the owner or the owner’s representative of a payment request made pursuant to the contract. (2) […]
45-1065 – Preauthorized loans; security interest authorized.
45-1065. Preauthorized loans; security interest authorized. A licensee may retain any security interest, including a mortgage on real property, until the preauthorized account is terminated. Source Laws 1981, LB 271, § 8; R.S.1943, (1998), § 45-1,101; Laws 2001, LB 53, § 97; Laws 2004, LB 999, § 42.
45-1204 – Withholdings; authorized.
45-1204. Withholdings; authorized. When work has been performed pursuant to a contract, an owner, a contractor, or a subcontractor may only withhold payment: (1) For retainage, in an amount not to exceed the amount specified in the applicable contract, which shall not exceed a rate of ten percent. If the scope of work for the […]
45-1066 – Preauthorized loans; sections not applicable.
45-1066. Preauthorized loans; sections not applicable. Subsection (3) of section 45-1025 and sections 45-1031 and 45-1040 shall not apply to preauthorized loans. Source Laws 1981, LB 271, § 9; R.S.1943, (1998), § 45-1,102; Laws 2001, LB 53, § 98; Laws 2003, LB 218, § 17.
45-1205 – Delay in payment; additional interest payment.
45-1205. Delay in payment; additional interest payment. Except as provided in section 45-1204, if a periodic or final payment to (1) a contractor is delayed by more than thirty days after receipt of a properly submitted periodic or final payment request by the owner or owner’s representative or (2) a subcontractor is delayed by more […]
45-1051 – Borrower; loan; default; right to cure; procedure.
45-1051. Borrower; loan; default; right to cure; procedure. (1) With respect to a loan, after a default consisting only of the borrower’s failure to make a required payment, a licensee may neither accelerate maturity of the unpaid balance of the obligation nor take possession of collateral, except voluntarily surrendered collateral, because of such default until […]
45-1052 – Borrower; loan; default; licensee; possession of collateral; restrictions.
45-1052. Borrower; loan; default; licensee; possession of collateral; restrictions. Upon default by a borrower with respect to a loan, unless the borrower voluntarily surrenders possession of the collateral to the licensee, the licensee may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling or a […]
45-1053 – Loan; third-party obligation; when.
45-1053. Loan; third-party obligation; when. (1) No individual, other than the spouse of the borrower, is obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a loan, unless before or contemporaneously with signing any separate agreement of loan or any writing setting forth the terms of the borrower’s agreement, the […]
45-1054 – Borrower; deficiency; liability; how treated.
45-1054. Borrower; deficiency; liability; how treated. (1) A borrower is not liable for a deficiency unless the licensee has disposed of the collateral in good faith and in a commercially reasonable manner. (2) If the licensee takes possession or voluntarily accepts surrender of goods in which the licensee has a security interest to secure a […]