Neb. Rev. Stat. § 76-2116 Membership Camping Operator; Offer Or Execution of Contract; Requirements; Surety Bond Or Letter of Credit; Authorized

• Library: Nebraska Revised Statutes
• Edition: 2023
• Currency: Current with changes from the 2023 Legislative Session
• Year: 2023
• Citation: Neb. Rev. Stat. § 76-2116

(1) With respect to any property in this state acquired and put into operation by a membership camping operator on or after January 1, 1991, the membership camping operator shall not offer or execute a membership camping contract in this state granting the right to use the property until the following requirements are met:

(a) Each person holding an interest in a voluntary blanket encumbrance has executed and delivered to the commission a nondisturbance agreement and recorded the agreement in the real estate records of the county in which the campground is located. The agreement shall include all of the following:

(i) That the rights of the holder or holders of the blanket encumbrance in the affected campground are subordinate to the rights of purchasers;

(ii) That any person who acquires the affected campground or any portion of the campground by the exercise of any right of sale or foreclosure contained in the blanket encumbrance takes the campground subject to the rights of purchasers; and

(iii) That the holder or holders of the blanket encumbrance shall not use or cause the campground to be used in a manner which interferes with the right of purchasers to use the campground and its facilities in accordance with the terms and conditions of the membership camping contract; and

(b) Each hypothecation lender which has a lien on or security interest in the membership camping operator's ownership interest in the campground has executed and delivered to the commission a nondisturbance agreement and recorded the agreement in the real estate records of the county in which the campground is located. In addition, each person holding an interest in a blanket encumbrance superior to the interest held by the hypothecation lender has executed, delivered, and recorded an instrument stating that such person will give the hypothecation lender notice of, and at least thirty days to cure, any default under the blanket encumbrance before the person commences any foreclosure action affecting the campground. For the purposes of this section: