§ 76-268. Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.

If a trust deed or lien on real estate was conveyed after July 24, 1917 to a trustee without naming a beneficiary and without a recorded trust declaration, the trustee is presumed to have authority to convey, assign, or release it, and a buyer usually does not have to investigate the trust terms.

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Jurisdiction: United States — Nebraska
Instrument: Notice
Version: Undated source snapshot
Language: en
Updated: 12 Jul 2026
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real estate conveyances recording trust deeds

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Provisions of § 76-268. Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.

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§ 76-268. Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.
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AI-assisted research summary: If a trust deed or lien on real estate was conveyed after July 24, 1917 to a trustee without naming a beneficiary and without a recorded trust declaration, the trustee is presumed to have authority to convey, assign, or release it, and a buyer usually does not have to investigate the trust terms.

If any conveyance of the title to, or any right or interest in real estate, or any lien thereon, shall be made after July 24, 1917, to any person or corporation as trustee without naming any beneficiary and without any declaration of the terms of the trust having been executed and recorded in the manner prescribed by statute, in the office of the register of deeds of the county in which such real estate is located, it shall be conclusively presumed that such person or corporation as trustee, has power and authority to convey the title, right and interest in such real estate which has been conveyed to him, or to assign or release such lien without any other person joining therein, and a purchaser from such trustee shall not be bound to inquire or ascertain the terms of the trust, unless before such conveyance, assignment or release has been made by such trustee, the person claiming a beneficial interest therein shall have filed a notice as provided in section 76-267, in the office of the register of deeds of the county in which said real estate is located. History: Laws 1917, c. 223, § 6, p. 547; C.S.1922, § 5659; C.S.1929, § 76-265; R.S.1943, § 76-268.

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§ 76-268. Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.

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Provisions of § 76-268. Trust deeds executed after 1917; failure to name beneficiary and record; presumption of authority of trustee to convey; filing of notice by beneficiary.

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