436 Neb. Admin. Code, ch. 1, § 100

Current through September 17, 2024
Section 436-1-100 - Definitions

Terms used in these filing-office rules that are defined in the UCC and not otherwise defined in this Chapter, will have the respective meanings accorded such terms in the UCC.

100.1 Address. "Address" means either (i) a street address, route number (may include box) or PO Box number plus the city, state and zip code, or (ii) an address that purports to be a mailing address outside the United States of America.
100.2 Amendment. "Amendment" means any UCC record filed that relates to the initial financing statement. Amendments include party or collateral changes, assignments, continuations and terminations.
100.3 Assignment. "Assignment" is an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.
100.4 Information statement. "Information statement" means a UCC record that indicates a financing statement is inaccurate or wrongfully filed.
100.5 Filing office. "Filing office" means the Nebraska Secretary of State's Office.
100.6 Filing office statement. "Filing office statement" means a statement entered into the filing office's UCC information management system to explain an action by the Filing office to correct an error by the Filing office.
100.7 Initial financing statement. "Initial financing statement" means a UCC record that causes the Filing office to establish the initial record of filing of a financing statement.
100.8 Remitter. "Remitter" means a person who tenders a UCC record to the Filing office for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. Remitter does not include a person responsible merely for the delivery of the record to the Filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.
100.9 Searchable indexes. "Searchable indexes" means the searchable index of individual debtor names and the searchable index of organization debtor names the Filing office maintains in the UCC information management system.
100.10 Secured party of record. "Secured party of record" means every party designated as a secured party in a financing statement, including those for whom an amendment has been filed purporting to delete them as a secured party or purporting to indicate they have assigned their secured interest.
100.11 Statutory Agricultural Lien(s). "Statutory Agricultural Lien" includes liens filed with the Filing office pursuant to Neb. Rev. Stat. §§ 52-202, 52-501, 52-701, 52-901, 521101, 52-1201, 52-1401 to 52-1411, 54-201, or 54-208.
100.12 UCC. "UCC" means the Uniform Commercial Code as adopted in the State of Nebraska.
100.13 UCC information management system. "UCC information management system" means the information management system used by the Filing office to store, index, and retrieve information relating to financing statement as described in Chapter 3 of these filing-office rules.
100.14 UCC record. "UCC record" means an initial financing statement, an amendment of party or collateral information, an assignment, a continuation statement, a termination statement, a Filing office statement or an information statement, and includes a record thereof maintained by the Filing office. The term will not be deemed to refer exclusively to paper or paper-based writings.
100.15 Unlapsed record. "Unlapsed record" means a UCC record that has been stored and indexed in the UCC information management system, which has a lapse date that has not yet occurred.

436 Neb. Admin. Code, ch. 1, § 100