A secured transaction is created when a buyer or borrower (debtor) grants a seller or lender (creditor or secured party) a security interest in personal property (collateral). A security interest allows a creditor to repossess and sell the collateral if a debtor fails to pay a secured debt.
A secured transaction involves a sale on credit or lending money where a creditor is unwilling to accept the promise of a debtor to pay an obligation without some sort of collateral. The creditor requires the debtor to secure the obligation with collateral so that if the debtor does not pay as promised, the creditor can take the collateral, sell it, and apply the proceeds against the unpaid obligation of the debtor. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The property that is subject to the security interest is called the collateral. The party holding the security interest is called the secured party.
A Nebraska Security Agreement in Accounts and Contract Rights is a legal document that establishes a security interest in accounts receivable and contract rights to secure a loan or other indebtedness. The agreement outlines the terms and conditions under which the lender will receive interest payments or seize the identified accounts and contract rights if the borrower defaults. Nebraska recognizes two types of Security Agreements in Accounts and Contract Rights: the Floating Lien Security Agreement and the Specific Lien Security Agreement. The Floating Lien Security Agreement involves a security interest in all the accounts and contract rights of the borrower, both present and future, as well as the proceeds of those accounts and contract rights. This means that the lender's interest is not limited to any specific accounts or contracts, but rather extends to all that the borrower holds at any given time. The floating lien provides flexibility to the borrower to continue conducting business and entering into new contracts while still providing the lender with a comprehensive security interest. On the other hand, the Specific Lien Security Agreement involves a security interest in specific identified accounts and contract rights. Unlike the floating lien, this agreement restricts the lender's interest to certain identified assets only. It can be useful when the lender wants to target specific accounts or contracts that are of particular value or importance to the borrower. Both types of Nebraska Security Agreements in Accounts and Contract Rights must meet certain requirements to be enforceable. The agreement must be in writing and signed by both the borrower and the lender. Additionally, the agreement must provide a reasonably accurate description of the accounts and contract rights subject to the security interest. Nebraska's law also requires the borrower to provide notice to the account debtors of the security interest, either by obtaining a signed receipt or by sending a written notification through certified mail. This notice ensures that the account debtors are aware of the lender's security interest and must directly pay the lender if notified of the borrower's default. In conclusion, a Nebraska Security Agreement in Accounts and Contract Rights is a vital legal document that allows lenders to secure their loans by establishing a security interest in a borrower's accounts receivable and contract rights. By using either the Floating Lien Security Agreement or the Specific Lien Security Agreement, lenders in Nebraska can protect their financial interests while providing borrowers the ability to continue conducting business.
