Banner County Partial Conditional Lien Waiver Form

Banner County Partial Conditional Lien Waiver Form
Fill in the blank Partial Conditional Lien Waiver form formatted to comply with all Nebraska recording and content requirements.

Banner County Partial Conditional Lien Waiver Guide
Line by line guide explaining every blank on the form.

Banner County Completed Example of the Partial Conditional Lien Waiver Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Nebraska and Banner County documents included at no extra charge:
Where to Record Your Documents
Banner County Clerk
Harrisburg, Nebraska 69345
Hours: 8:00 a.m. to noon and 1:00 p.m. to 4:30 p.m. Monday through Friday
Phone: (308) 436-5265
Recording Tips for Banner County:
- Recording fees may differ from what's posted online - verify current rates
- Recorded documents become public record - avoid including SSNs
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Banner County
Properties in any of these areas use Banner County forms:
- Harrisburg
Hours, fees, requirements, and more for Banner County
How do I get my forms?
Forms are available for immediate download after payment. The Banner County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Banner County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Banner County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Banner County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Banner County?
Recording fees in Banner County vary. Contact the recorder's office at (308) 436-5265 for current fees.
Questions answered? Let's get started!
Nebraska Partial Conditional Construction Waiver
Construction liens are governed under the Nebraska Construction Lien Act, found at Sections 52-125 to 52-159 of the Nebraska Revised Statutes.
The term "waiver" means a voluntary surrender of a legal right. In this case, the person granting the waiver gives up the right to seek a construction lien for all or part of the amount due on an improvement to real property. This assurance is often enough to encourage the other party to pay the outstanding debt.
As set forth by Neb. Rev. Stat. 52-144(2), a written waiver relinquishes all construction lien rights of the claimant as to the improvement to which the waiver relates unless the waiver is specifically limited to a particular lien right or a particular portion of the services or materials furnished. A waiver of lien rights does not affect any contract rights of the claimant otherwise existing. 52-144(3). Acceptance of a promissory note or other evidence of debt is not a waiver of lien rights unless the note or other instrument expressly so declares. 52-144(4).
Expanding on the statute above, Nebraska law generally recognizes four types of lien waivers. These include partial and final waivers. Each waiver can be conditional or unconditional. A partial waiver covers a progress payment and the waiver only applies to that payment amount, range of dates, or another agreed-upon point. A final waiver covers the entire balance. If the waiver is conditional, it is only valid if the payment is made or clears the bank. Unconditional waivers become effective when they are signed, regardless of payment status.
Thus, a Partial Conditional Lien Waiver is appropriate when a partial or progress payment has been made and the claimant agrees to give up the right to claim a lien for that partial payment amount. Note, however, that a written waiver of construction lien rights signed by a claimant requires no consideration and is valid and binding, whether signed before or after the materials or services were contracted for or furnished. Neb. Rev. Stat. 52-144(1). Ambiguities in a written waiver are construed against the claimant. Id.
A valid waiver identifies the parties, the property where the claimant performed the work or improvement, and any other information necessary for the specific situation. The claimant must sign the document in front of a notary, then submit the completed waiver to the recording office for the county where the property is situated.
This article is provided for informational purposes only and is not legal advice. Please contact an attorney with questions lien waivers or any other issues related to construction liens in Nebraska.
Important: Your property must be located in Banner County to use these forms. Documents should be recorded at the office below.
This Partial Conditional Lien Waiver meets all recording requirements specific to Banner County.
Our Promise
The documents you receive here will meet, or exceed, the Banner County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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