§ 54-208 — Lien for feed, feed ingredients, and related costs; perfection; financing statement; filing; enforcement; fee

Nebraska § 54-208

• Jurisdiction: Nebraska
• Ch. 54: Livestock

Text

When any person, firm, partnership, limited liability company, or corporation
contracts or agrees with another person, firm, partnership, limited liability
company, or corporation to deliver any feed or feed ingredients for any kind
of livestock, the person, firm, partnership, limited liability company, or
corporation so contracted or agreed with shall have a lien upon such livestock
for the feed or feed ingredients and related costs incurred in the delivery
of such feed or feed ingredients for the agreed-upon contract price or, in
case no price has been agreed upon, for the reasonable value of such feed
or feed ingredients and related delivery costs, which shall be a first, paramount,
and prior lien if the holders of any prior liens have agreed in writing to
the contract for the feed or feed ingredients and related delivery costs.
The lien may only be enforced against the person, firm, partnership, limited
liability company, or corporation who has contracted or agreed for such feed
or feed ingredients and related costs incurred in the delivery of such feed
or feed ingredients.
A lien created under this section shall be perfected as provided in
article 9, Uniform Commercial Code. Any financing statement filed to perfect
such lien shall contain or have attached thereto:
(1) The name and address and the social security number or federal tax
identification number of the person, firm, partnership, limited liability
company, or corporation claiming the lien;
(2) The name and address and the social security number or federal tax
identification number, if known, of the person, firm, partnership, limited
liability company, or corporation for whom such feed or feed ingredients were
delivered;
(3) The amount due for such feed or feed ingredients and related delivery
costs covered by the lien;
(4) The place where such livestock are located;
(5) A reasonable description of such livestock including the number
and type of such livestock; and
(6) The last date on which such feed or feed ingredients were delivered.
The failure to include the social security number or federal tax identification
number shall not render any filing unperfected. At the time the lien is filed,
the lienholder shall send a copy to the person, firm, partnership, limited
liability company, or corporation for whom the feed or feed ingredients were
delivered.
Such lien shall attach and have priority as of the date of the filing
if filed in the manner provided in this section. Such lien shall be treated
in all respects as an agricultural lien as provided in article 9, Uniform
Commercial Code, and may be enforced in the manner and form provided for the
enforcement of secured transactions as provided in article 9, Uniform Commercial
Code.
The fee for filing, amending, or releasing such lien shall be the same
as set forth in section 9-525 , Uniform Commercial Code.
Effective January 1,
2015, this section applies to a lien created under this section regardless
of when the lien was created.
Nothing in this section
shall be construed to amend or repeal section 54-201 relating to agisters'
liens.

Legislative History

Source: Laws 1984, LB 1064, § 1; Laws 1988, LB 943, § 19; Laws 1993, LB 121, § 336; Laws 1998, LB 1321, § 97; Laws 1999, LB 550, § 37; Laws 2001, LB 54, § 26; Laws 2014, LB750, § 17.