60-165.02. Security interest in utility trailers, certain implements of husbandry, and certain power unit hay grinders; perfection; priority; notation of lien, when.

425 words·~2 min read·/ne/chapter-60/60-165-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section, device means any of the following for which a certificate of title has been issued under subsection

(3)of section 60-137 :

(a)Any utility trailer;

(b)Any self-propelled equipment designed and used exclusively to carry and apply fertilizer, chemicals, or related products to agricultural soil and crops, agricultural floater-spreader implements, and other implements of husbandry designed for and used primarily for tilling the soil and harvesting crops or feeding livestock; or

(c)Any power unit hay grinders or a combination that includes a power unit and a hay grinder when operated without cargo.

(2)Any security interest in a device that is perfected pursuant to article 9, Uniform Commercial Code, before, on, or after January 1, 2026, shall continue to be perfected until

(a)the financing statement perfecting such security interest is terminated or lapses in the absence of the filing of a continuation statement pursuant to article 9, Uniform Commercial Code, or

(b)a certificate of title is issued and a notation of lien is made for the device as provided in section 60-164 .

(3)Any lien noted on the face of a certificate of title for the device or on an electronic certificate of title record for the device pursuant to subsection (2), (4), or

(5)of this section, on behalf of the holder of a security interest in the device that was previously perfected pursuant to article 9, Uniform Commercial Code, shall have priority as of the date such security interest was originally perfected.

(4)The holder of a certificate of title for a device shall, upon request, surrender the certificate of title to a holder of a previously perfected security interest in the device to permit notation of a lien on the certificate of title or on an electronic certificate of title record and shall do such other acts as may be required to permit such notation.

(5)If the owner of a device subject to a security interest perfected pursuant to article 9, Uniform Commercial Code, fails or refuses to obtain a certificate of title after January 1, 2026, the security interest holder may obtain a certificate of title in the name of the owner of the device following the procedures of section 60-144 and may have a lien noted on the certificate of title or on an electronic certificate of title record pursuant to section 60-164 .

(6)The assignment, release, or satisfaction of a security interest in a device shall be governed by the laws under which it was perfected.