49-1505 Application of act; general principles. - Nebraska Statutes

49-1505. Application of act; general principles.The following general principles shall in part govern the application of the Nebraska Short Form Act:(1) Without regard to the policies and purposes of the act, the stipulation of statutory short forms under the act shall not compel the use of any one or more of them for effectuation of any particular purpose or purposes and shall not preclude the use of any different form or forms or any other document or documents of different or similar composition, content, or format for effectuation of any purpose or purposes partly or wholly identical to that or those of any such statutory short form or forms;(2) Any statutory short form prescribed by the act and permitted or required to be executed by or for a described or designated person shall be sufficiently so executed if and when it is subjected to execution by each of one or more persons while competent;(3) Any statutory short form prescribed by the act and permitted or required to be acknowledged by or for a described or designated person shall be sufficiently so acknowledged if and when it is subjected to acknowledgment by each of one or more persons while competent;(4) Any statutory short form prescribed by the act and permitted or required to be verified by or for a described or designated person shall be sufficiently so verified if and when it is subjected to verification by each of one or more persons while competent;(5) No statutory short form prescribed by the act and permitted or required to be executed by or for a described or designated person shall be required to be sealed by any corporate, private, or other seal of such person or be affected by the absence or presence of any such seal;(6) Except for statutory short form acknowledgments and verifications, each printed or otherwise reproduced version of a statutory short form prescribed by the act which is intended for public sale or other public circulation or distribution shall bear and prominently display in or near the right top margin of the obverse of such form, in clearly discernible and easily legible format, the following notice in the identical indicated words and not in any other formulation of words:NOTICE: CONSULT YOUR LAWYER TO DETERMINE THE LEGAL EFFECT OF THE USE OF THIS NEBRASKA STATUTORY SHORT FORM. No statutory short form prescribed by the act and required to bear such notice shall be affected by the absence of such notice; and(7) Any short form expression prescribed by the act the equivalent full expression of which is amended, deleted, or otherwise modified after July 9, 1988, and which is meanwhile incorporated into or otherwise used in any statutory short form prescribed by the act or any other document shall be so incorporated or so used with reference to such equivalent full expression as and if it exists, with or without such amendment or modification, on the date of execution of such statutory short form or other document. Any statutory short form prescribed by the act which is amended, deleted, or otherwise modified after July 9, 1988, or the rules of effectuation and operation of which are amended, deleted, or otherwise modified after July 9, 1988, and which is meanwhile completed, executed, and delivered or otherwise used shall be effective and operative as and if it exists subject to such rules, with or without such amendment or modification, on the date of execution of such statutory short form. SourceLaws 1988, LB 475, § 5.