45-520 — RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND -- PETITION FOR RELEASE -- SERVICE OF COPY OF PETITION
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TITLE 45
LIENS, MORTGAGES AND PLEDGES
CHAPTER 5
LIENS OF MECHANICS AND MATERIALMEN
45-520. RELEASE OF LIEN ON REAL PROPERTY BY POSTING SURETY BOND --
PETITION FOR RELEASE -- SERVICE OF COPY OF PETITION. (1) A petition for the
release of a mechanic's lien by posting a surety bond must be filed in the
district court of the county wherein the property is located and shall set
forth:
(a) The title of the cause, thus: "In the matter of the petition of
......................... (name of petitioner) for release of mechanic's
lien of ......................... (name of mechanic's lien claimant) upon
posting surety bond."
(b) An allegation of the purchase of and payment of the premium for the
bond, and the dates of purchase and payment.
(c) An allegation incorporating by reference a true copy of the bond,
which copy must be attached to the petition.
(d) The name or names of the owner or reputed owners of the land subject
to the lien.
(e) A description of the real property subject to the lien, and the
instrument number of the lien as given by the recorder's office.
(f) A prayer for an order releasing the lien.
(2) The petitioner shall obtain an order from the district court setting
forth the time and date of the hearing on the petition, which time and date
must be at least five (5) days after the date of the order and not more than
ten (10) days after the date of the order.
(3) A copy of the petition and a copy of the order must be served on the
lien claimant at least two (2) days before the date set for the hearing and
served in the manner provided by law for service of summons.