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<br />Excerpt. From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes,
<br />
<br />U sny perlon liable to pay any tax neglects or refuses to
<br />pay the lime after demand, the amount (Including any Inter.
<br />Nt. additional amoun~ addition to tax, or asseuable penalty,
<br />togelher with any cOltlthat may accrue In addition thereto)
<br />Ihalt be alien In lavor 01 the United States upon all property
<br />and rlghtl to property, whether real or personal, belonging
<br />II IUch perlon,
<br />
<br />Sec. 6322. Period Of Lien.
<br />
<br />, Unllll another date II lpeclfically fixed by law, the lien
<br />Imposed by lectlon 6321 shell arise at the time tM assessment
<br />II made and Ihall continue until the liability for the amount so
<br />"Ulled (or a Judgment against the taxpayer arising out of
<br />luch liability) Ilutlalied or becomes unenforceable by reason
<br />of Ilpse of time,
<br />
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons,
<br />(a) PUrchiHr'I, Holdel1 Of Security In-
<br />t.mll, Mechanlc'l Llanora. And Judgment
<br />Lltn Crtdltora. - The lien Imposed by section 632t shall
<br />not be valid as against any purchaser, holder of a security
<br />Interel~ mechanic's lienor, or judgment lien creditor until notice
<br />thereol which meets the reQulraments of subsection 10 has
<br />bean lIIed ~ y the Secretary
<br />
<br />(0 Place For Filing Notice; Form.-
<br />
<br />(1) Place For Filing. The notice reterred to In suI>-
<br />section (a) shall ba filed.
<br />(A) Under State Laws
<br />(I) Real Property. In the case of rc.1 property, in one
<br />otllcewi!hln the~tate lor the county, or other governmental
<br />subdivision), as designated by the laws of such State, In
<br />which the property subject to the iren is situated: and
<br />(i1) Personal Property - In the case of personal
<br />property, whether tangible or Intangible, In one otlice
<br />within the State (or the county, or other governmental
<br />subdivision), as designated by the laws of such State,
<br />In which the property subject to the lien is situated:
<br />or
<br />(B) With Clerk Of Olstrict Court. In the of lice of the clerk at
<br />the United States district court for the judicial district In which
<br />the property subject to lien is situated, whenever the State ha;
<br />not by law designated one otflce which meets the requirements of
<br />subparagraph (A), or
<br />(C) With Recorder Of Deeds Of The OIStllCt Of Columb'a . In
<br />the oUlce olthe Recorder of Oeeds ot the District Of COlumbla,lf
<br />the property subject to the lien IS situated to tt'le DIstrict Of
<br />Columbia,
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<br />(2) Situs Of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), prope~ shall be deemed to be Iltuated.
<br />(A) Real Properly . In the case 01 real property, at lis
<br />phyelcallocation: or
<br />(B) Personal Property. In thl Casl of pelsonal property,
<br />whether tangible 0' Intangible, at the residence of the
<br />taxpayer at the time the notice of lien is liIed,
<br />For purposes of paragraph (2) (B), the residence of a corporation
<br />or partnership shall be deemed to be the place at which thl
<br />principal executive office of the business Is located. and the
<br />residence of a taxpayer whose residence is without the United
<br />SltItlllhall be deemPd to be In the Olstrlct of Columble,
<br />(3) Form . The form and content 01 the notice
<br />referrid to in subsection (I) shall be prescribed by the
<br />Secretary, Such notice shall be vllld notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice ot lien,
<br />
<br />Note: See section 6323(b) lor protection lor
<br />cBrtain interests BVBn though notice 01 lien
<br />imposed l'y section 6321 is liled with respect
<br />to:
<br />
<br />t. Securities
<br />2, MOlor vehicles
<br />3, Personll property pur~hase~ at retail
<br />4, Personll property purchased In casual sale
<br />5, Personal property subjected to pOllessory lien
<br />6, Real property tax and speclel assessment liens
<br />7. Residential property subject to a mechanic's
<br />lien for certain repairs and Improvements
<br />6 Aliorney's liens
<br />9 Certam insurance contracts
<br />10 Passbook loans
<br />
<br />Ig) Rellllng Of Notice. - For purposes of this
<br />section.
<br />
<br />(II General Rule. - Unless notice of lie" is re!iled In
<br />the manner prescribed in paragraph (2) during the required
<br />refllmg period, such notice of lien shaH be treated as filed on the
<br />date orrwhich it is flied (in accordance with subSllctlOn In! after
<br />the expiration of such reflllng period,
<br />
<br />(2) Place For Filing, - A notice of lien refiled
<br />during Ihe reqUired refiling period shall be effective only.
<br />IA) if.
<br />1I) such nOlice of lien IS refiled in the office In which the
<br />pnor notice of lien was filed, and
<br />nil m the case of real property, the tact ot refilmg is
<br />entered and recorded In a{\ index to the extent reQUired by
<br />subsectIOn 10 (4), and .
<br />(B) In any case In which. 90 aays or more prior to the date
<br />of a rtifiling of notice of lien under subparagraph (A), the
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<br />Secretlry received wrlllen Information (In the manner
<br />prescribed In regulations Issued by the Secretary)
<br />concerning a change In the taxPlye(1 relldence, If a notice
<br />olluch lien II also tiled In accordanca with lubuctlon (0 In
<br />the State In which such residence II located.
<br />
<br />(3) Required Reflllng Period. - In the case
<br />of any notice 01 lien, tha term "required refillng period" means.
<br />(A) the one.year period ending 30 daYI after the expiration
<br />of 6 years after tha date of Ihe assessment of the tax. and
<br />(B) the one-year period ending with the axplratlon of6 years
<br />aftlr the clolo oHhe preceding required reflllng period for
<br />such notlcl of lien,
<br />
<br />Sec. 6325. Release Of Lien Or
<br />
<br />Discharge Of Property.
<br />
<br />(I) Relea.. Of Lien. - Subject to such
<br />regulations as the Secretary may prescribe. the Secretary shall
<br />Issue a certificate of release of any lien Imposed with respect to
<br />any internal revenue tax not later than 30 days after the day on
<br />which.
<br />(1) Liability Satisfied or Unenlorceable . The Secrelary
<br />linds that the liability lor the amount assessed, together with all
<br />Intereet in respect thereof, has been fully satislied or has
<br />become legally unenforceable: or
<br />(2) Bond Accepted. There is furnished to the Secretary and
<br />accepted by him a bond that Is conditioned upon the payment of
<br />the amounl assessed, together with all Interest in respect
<br />thereol, within the time prescribed by law (Including any
<br />exlension of such timel. and that is In accordaflce with such
<br />requirements relating to terms, conditions, and form of the bond
<br />and sureties thereon, as may be speCified by such regulations,
<br />
<br />See, 6103, Confidentiality and Dis-
<br />closure of Returns and Return In.
<br />formation,
<br />(k) Dllclolure of Certain Returns and
<br />Return Information For Tllx Admlnlstrallon
<br />Purposes. -
<br />
<br />(2) Oisclosure of amount of outstanding lien, . It a notice of
<br />lien has been flied pursuant to seCIIDn 6323If), the amount of the
<br />outstanding obligatIOn secured by such lien may be disclosed 10
<br />any person who furnIShes satisfactory written evidence that he
<br />has a right in the property subject to such lien or intends 10
<br />obtain a right in such propeny
<br />
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