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pawn app"Application for Occupation License" City of Blair 218 S. 16`h Street Blair, NE 68008 (402) 426 4191 The filing of this application or the granting of an occupation license neither confirms nor denies the use of the land as regulated under the provisions of the zoning code, and is further subject to pertinent ordinances of the City of Blair which regulates and licenses specific affections and businesses. Date: Business Information: Legal Name of Business / ,_;'1 Common Name of Business Business Address / `/ I _, %z t , -"F City Phone Fax Mailing Address (if different from above) State A_z- Zip 6,� =or Legal Description o — - Describe the nature of your business 5a <; City State Zip Do you have a monitored Security and/or Fire Alarm System at the business address? Yes X No Will you be selling tobacco products at this business address? Yes No f Do you have music, vending, pinball machines or billiard/pool tables at this business? Yes No Do you sell, or serve liquor at this address? Yes No i03 0311 Primary Contact Name: 1' L ru .-,l 1C c Phone L Secondary Contact Name: ,- 4 c / -- e Phone � �� � J f I declare under penalty of false statement that to the best of my knowledge and belief the statements made herein are correct and true. Signature of Owner or Corporation Agent/Owner -!=� Title-� OCCUPATION LICENSE REMITTANCE FEE I hereby remit $ This is based on Section 10-902 of the Blair Municipal Code Date Paid: I Amount Paid: ( Certificate # Assigned: Page 1 of 1 Brenda Wheeler From: Joe Lager Sent: Monday, December 10, 2007 11:13 AM To: Brenda Wheeler Subject: pawn shop I have checked both for warrants and stuff. Both are clear. Joseph Lager Chief of Police Blair, NE. 68008 (402)426-4747 12/10/2007 Page 1 of 13 2003 Nebraska State Statutes All statutes referencing Pawnbrokers Contact: Your County Clerk Chapter 69. Personal Property. Pawnbroker, defined. 69-201. Any person engaged in the business of lending money upon chattel property for security and requiring possession of the property so mortgaged on condition of returning the same upon payment of a stipulated amount of money, or purchasing property on condition of selling it back at a stipulated price, is declared to be a pawnbroker for the purpose of sections 69-201 to 69-210. Permit required; fees; application, contents; issuance; bond. 69-202. Every person engaged in the business of pawnbroking shall pay to the city or village treasurer for a permit to carry on business the sum of one hundred dollars per year or fifty dollars for every six months, in metropolitan cities, but in all other cities or villages the sum of fifty dollars per year or the sum of twenty-five dollars for every six months. Such permit shall be obtained by filing an application with, and having such application approved'by, the governing body of the city or village or an officer or agency designated by such governing body for such purpose. The application shall contain the following information: (1) The name and address of the owner and the manager of the business and, if the applicant is an individual, the applicant's social security number; (2) If the applicant is a corporation, a copy of the articles of incorporation and the names of its officers and shareholders; (3) The exact location where the business is to be conducted; and (4) The exact location where any goods, wares, and merchandise may be stored or kept if other than the business location. When reviewing applications for a permit required by this section, the governing body or delegated officer or agency shall take into consideration the criminal record, if'any, of the applicant and, if the applicant is a corporation, of its officers and shareholders. No permit shall be issued to any applicant who has been convicted of a felony and, if the applicant is a corporation, no permit shall be issued when any officer or shareholder has been convicted of a felony. Such person shall also give bond to the city or village in which he, she, or it is to do business, in the sum of five thousand dollars with surety to be approved by the mayor or its chief executive officer, conditioned for the faithful performance by the principal, of each and all of the trusts imposed by law or by usage attached to pawnbrokers. No permit fee shall be exacted under this section in municipalities which impose a permit fee for the pawn broking http://www.neded.org/files/assist/pawn.httnl 10/23/2007 Page 2 of 13 business by ordinance. Records required; inspection; stolen property; procedures. 69-204. All persons who shall be engaged in the business of pawnbrokers, dealers in secondhand goods, or junk dealers, shall keep a ledger and complete a card, to be furnished by the city or village, on which shall be legibly written in ink, at the time of any loan or purchase, the following information: (1) The date of the loan or purchase; (2) The name of the person from whom the property is purchased or received, his or her signature, date of birth, and driver's license number or other means of identification; (3) A full and accurate description of the property purchased or received, including any manufacturer's identifying insignia or serial number; (4) The time when any loan becomes due; (5) The amount of purchase money, or the amount lent and any loan charges, for each item; and (6) The identification and signature of the clerk or agent for the business who handled the transaction. Entries shall not in any manner be erased, obliterated, or defaced. The person receiving a loan or selling property shall receive at no charge a plain written or printed ticket for the loan, or a plain written or printed receipt for the articles sold, containing a copy of the entries required by this section. Every pawnbroker, or employee of a pawnbroker, shall admit to the pawnbroker's premises at any reasonable time during normal business hours any law enforcement officer for the purpose of examining any property and records on the premises, and shall allow such officer to place restrictions on the disposition of any property for which a reasonable belief exists that it has been stolen. Any person claiming an ownership interest in property received by a pawnbroker for which a reasonable belief exists that such property has been stolen may recover such property as provided by sections 25-1093 to 25-10,110. Reports to police; when required. 69-205. It shall be the duty of every such pawnbroker, dealer in secondhand goods, or junk dealer, every day except Sunday before the hour of 12 noon, to deliver to the police department of the municipality where said business is located, or if the municipality does not have a police department, to the sheriff's office, a legible and correct copy of each card or ledger entry required by section 69-204 for the transactions of the previous day. Transactions occurring on Saturday shall be reported on the following Monday. No card shall be required for goods purchased from manufacturers or wholesale dealers having an established place of business, or goods purchased at open sale from any bankrupt stock or from any other person doing business and having an established place of business in the' city or village, but such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase, and must be shown to the mayor or any law enforcement officer when demanded. Dealers in scrap, metals, except gold and silver, shall not be included in the provisions of this section. Pawned or secondhand goods; restrictions on disposition; jewelry http://www.neded.org/files/assist/Inawn.html 10/23/2007 Page 3 of 13 defined. 69-206. No personal property received or purchased by any pawnbroker, dealer in secondhand goods, or junk dealer, shall be sold or permitted to be taken from the place of business of such person for fourteen days or, in the case of secondhand jewelry, for five days, after the copy of the card or ledger entry required to be delivered to the police department or sheriff's office shall have been delivered as required by section 69-205. Secondhand jewelry shall not be destroyed, damaged, or in any manner defaced for a period of seventy-two hours after the time of its purchase or receipt. For purposes of this section, jewelry shall mean any ornament which is intended to be worn on or about the body and which is made in whole or in part of any precious metal, including gold, silver, platinum, copper, brass, or pewter. All property accepted as collateral security or purchased by a pawnbroker shall be kept segregated from all other property in a separate area for a period of forty-eight hours after its receipt or purchase, except that valuable articles may be kept in a safe with other property if grouped according to the day of purchase or receipt. Notwithstanding the provisions of this section, a pawnbroker may return any property to the person pawning the same after the expiration of such forty -eight-hour period or when permitted by the chief of police, sheriff, or other authorized law enforcement officer. Pawnbroker; limitation on sale of goods. 69-209. It shall be unlawful for any pawnbroker to sell any goods purchased or received as described in section 69-201, during the period of four months from the date of purchasing or receiving such goods. Pawnbrokers; customer fingerprint required; restrictions on property accepted. 69-210. (1) All persons who shall be engaged in the business of pawnbroker shall, in addition to the requirements of section 69-204, obtain and keep a single legible fingerprint of each person pawning, pledging, mortgaging, or selling any goods or articles. The fingerprint shall be taken from the right index finger or, if the right index finger is missing, from the left index. finger. Each pawnbroker shall display a notice to customers, in a prominent location, stating that such pawnbroker is required by state law to fingerprint every person pawning or selling an item. (2) No pawnbroker shall accept as collateral security or purchase any property: (a) From any person who is under eighteen years of age, or who appears to be under the influence of alcohol, narcotic drug, stimulant, or depressant, or who appears to be mentally incompetent; or (b) On which the serial numbers or other identifying insignia have been destroyed, removed,_ altered, covered., or defaced. Chapter 14. Cities of the Metropolitan Class (i.e. Omaha) http-//www.neded.org/files/assist/pawn.html 10/23/2007 Page 4 of 13 City council; powers; occupation and license taxes; wheel tax; conditions; limitations. 14-109. The council shall have power to tax for revenue, license, and regulate pawnbrokers, peddlers, auctioneers, brokers, hawkers, commission merchants, showmen, jugglers, innkeepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express companies and vendors of patents. Such tax may include both -a tax for revenue and license. If the applicant is an individual, an application for a license shall include the applicant's social security number. The city council shall have power to raise revenue by levying and collecting a tax on any occupation or business within the limits of the city and regulate the same by ordinance. All such taxes shall be uniform in respect to the class upon which they are imposed. All scientific and literary lectures and entertainments shall be exempt from taxation, as well as concerts and all other musical entertainments given exclusively by the citizens of the city. It shall be the duty of the city clerk to deliver to the city treasurer the certified copy of the ordinance levying such tax, and the city clerk shall append thereto a warrant requiring the city treasurer to collect such tax. The city council shall also have power to require any person, firm, or corporation owning or using any vehicle in a city of the metropolitan class annually to register such vehicle in such manner as may be provided and to require such person to pay an annual registration fee therefor and to require the payment of registration fees upon the change of ownership of such vehicle. All registration fees which may be thus provided for shall be credited to a separate fund of the city, thereby created, to be used exclusively for the repairing of streets in such city. No registration fee shall be required where a vehicle is used but temporarily in such city for a period of not more than one week. Chapter 17. Cities of the Second Class and Villages. (towns under 5,000 pop.) Peddlers; pawnbrokers; entertainers; licensing and regulation. 17-134. A second-class city shall have power to license, tax, suppress, regulate and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatrical and other exhibitions, shows and other amusements, and to revoke such licenses at pleasure. Chapter 29. Criminal Procedure. Criminal identification and information; Nebraska State Patrol; duties. 29-210. The Nebraska State Patrol is hereby authorized (1) to keep a complete record of all reports filed of all personal property stolen, lost, found, pledged or pawned, in any city or county of this state; (2) to provide for the installation of a proper system and file, and cause to be filed therein cards containing an outline of the methods of operation employed by criminals; (3) to use any system of identification it deems advisable, or that may be adopted in any of the penal hq://www.neded.org/files/assist/pawn.html 10/23/2007 Page 5 of 13 institutions of the state; (4) to keep a record consisting of duplicates of measurements, processes, operations, plates, photographs, measurements and descriptions of all persons confined in penal institutions of this state; (5) to procure and maintain, so far as practicable, plates, photographs, descriptions and information concerning all persons who shall hereafter be convicted of felony or imprisoned for violating the military, naval or criminal laws of the United States, and of well-known and habitual criminals from whatever source procurable; (6) to furnish any criminal justice agency with any information, material, records, or means of identification which may properly be disseminated and that it may desire in the proper administration of criminal justice; (7) to upgrade, when feasible, the existing law enforcement communications network; and (8) to establish and maintain an improved system or systems by which relevant information may be collected, coordinated, and made readily available to serve qualified persons or agencies concerned with the administration of criminal justice. Uniform Commercial Code. General definitions. U1-201. Subject to additional definitions contained in the subsequent articles of the Uniform Commercial Code which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in the code: (1)•"Action" in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity, and any other proceedings in which rights are determined. (2) "Aggrieved party" means a party entitled to resort to a remedy. (3) "Agreement" means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in the code (sections 1-205 and 2-208). Whether an agreement has legal consequences is determined by the provisions of the code, if applicable; otherwise by the law of contracts (section 1=103). (Compare "Contract".) (4) "Bank" means any person engaged in the business of banking. (5) "Bearer" means the person in possession of an instrument, document of title, or certificated security payable to bearer or indorsed in blank. (6) "Bill of lading" means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. "Airbill" means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or airway bill. (7) "Branch" includes a separately incorporated foreign branch of a bank. (8) "Burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence. hftp://vAvw.neded.org/files/assist/pawn.html 10/23/2007 Page 6 of 13 (9) "Buyer in ordinary course, of business" means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under article 2 may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business. (10) "Conspicuous": A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed in capitals (as,. NONNEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in a telegram any stated term is "conspicuous". Whether a term or clause is "conspicuous" or not is for decision by the court. (11) "Contract" means the total legal obligation which results from the parties' agreement as affected by the code and any other applicable rules of law. (Compare "Agreement".) (12) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and a personal representative or administrator of an insolvent debtor's or assignor's estate. (13) "Defendant" includes a person in the position of defendant in a cross -action or counterclaim. (14) "Delivery" with respect to instruments, documents of title, chattel paper, or certificated securities means voluntary transfer of possession. (15) "Document of title" includes bill of lading, dock warrant, dock receipt, warehouse receipt, or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. (16) "Fault" means wrongful act, omission, or breach. (17) "Fungible" with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of the code to the extent that under a particular agreement or document unlike units are treated as equivalents. (18) "Genuine" means free of forgery or counterfeiting. (19) "Good faith" means honesty in fact in the conduct or transaction concerned. hq://www.neded.org/files/assist/pawn.html 10/23/2007 Page 7 of 13 (20) "Holder", with respect to a negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the case of an instrument payable to an identified person, if the identified person is in possession. "Holder" with respect to a document of title means the person in possession if the goods are deliverable to bearer or to the order of the person in possession. (21) To "honor" is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit. (22) "Insolvency proceedings" includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved. (23) A person is "insolvent" who either has ceased to pay his or her debts in the ordinary course of business or cannot pay his or her debts as they become due or is insolvent within the meaning of the federal bankruptcy law. (24) "Money" means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations. (25) A person has "notice" of a fact when: (a) he or she has actual knowledge of it; (b) he or she has received a notice or notification of it; or (c) from all the facts and circumstances known to him or her at the time in question he or she has reason to know that it exists. A person "knows" or has "knowledge" of a fact when he or she has actual knowledge of it. "Discover" or "learn" or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are, not determined by the code. (26) A person "notifies" or "gives" a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person "receives" a notice or notification when: (a) it is duly delivered at the place of business through which the contract was made or at any other place held out by him or her as the place for receipt of such communications; (b) in the event notice or notification cannot be had pursuant to paragraph. (a), it is published at least once in a legal newspaper published in or of general circulation in the county where the transaction has its situs; or (c) it comes to his or her attention. (27) Notice, knowledge, or a notice or notification received by 'an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his or her attention if the organization had exercised due diligence. (28) "Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, or association, two or more persons having a joint or common interest, or any other legal or commercial entity. (29) "Party", as distinct from "third party", means a http://www.neded.org/files/assist/pawn.html 10/23/2007 Page 8 of 13 person 'who has engaged in a transaction or made an agreement within the code. (30) "Person" includes an individual or an organization (See section 1-102). (31) "Presumption" or "presumed" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. (32) "Purchase" includes taking by sale, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property. (33) "Purchaser" means a person who takes by purchase. (34) "Remedy" means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal. (35) "Representative" includes an agent, an officer of a corporation or association, a member of a limited liability company, and a trustee, personal representative, or administrator of an estate, or any other person empowered to act for another. (36) "Rights" includes remedies. . (37) "Security interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. The term also includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to article 9. The special property interest of a buyer of goods on identification of those goods to a contract for sale under section 2-401 is not a "security interest", but a buyer may also acquire a "security interest" by complying with article 9. Except as otherwise provided in section 2-505, the right of a seller or lessor of goods under article 2 or 2A to retain or acquire possession of the goods is not a "security interest", but a seller or lessor may also acquire a "security interest" by complying with article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 2-401) is limited in effect to a reservation of a "security interest". Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and (a) the original term of the lease is equal to or greater than the remaining economic life of the goods, (b) the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods, (c) the lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) the lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) the present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the hq://vrwNv.neded.org/files/assist/pawn.httnl 10/23/2007 Page 9 of 13 fair market value of the goods at the time the lease is entered into, (b) the lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) the lessee has an option to renew the lease or to become the owner of the goods, (d) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) the lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods'at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed. Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised; (y) "Reasonably predictable" and "remaining economic life of the goods" are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and (z) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. "Security interest" does not include a consumer rental purchase agreement as defined in the Consumer Rental Purchase Agreement Act. (38) "Send" in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending. (39) "Signed" includes any symbol executed or adopted by a party with present intention to authenticate a writing. (40) "Surety" includes guarantor. (41) "Telegram" includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like. (42) "Term" means that portion of an agreement which relates to a particular matter. http://www.neded.org/files/assist/pawn.html 10/23/2007 Page 10 of 13 (43) "Unauthorized" signature means one made without actual, implied, or apparent authority and includes a forgery. (44) "Value". Except as otherwise provided with respect to negotiable instruments and bank collections (sections 3-303, 4-210, and 4-211) a person gives "value" for rights if he or she acquires them; (a) in return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a chargeback is provided for in the event of difficulties in collection; (b) as security for or in total or partial satisfaction of a preexisting claim; (c) by accepting delivery pursuant to a preexisting contract for purchase; or (d) generally, in return for any consideration sufficient to support a simple contract. (45) "Warehouse receipt" means a receipt issued by a person engaged in the business of storing goods for hire. (46) "Written" or "writing" includes printing, typewriting, or any other intentional reduction to tangible form. Uniform Commercial Code. Definitions and index of definitions. LAW U2A-103. (1) In this article unless the context otherwise requires: (a) "Buyer in ordinary course of business" means a person who in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. "Buying" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (b) "Cancellation" occurs when either party puts an end to the lease contract for default by the other party. (c) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole. (d) "Conforming" goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract. (e) "Consumer lease" means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars. (f) "Fault" means wrongful act, omission, breach, or default. (g) "Finance lease" means a lease with respect to http://www.neded.org/files/assist/pawn.html 10/23/2007 Page 11 of 13 which: (i) the lessor does not select, manufacture, or supply the goods; (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and (iii) one of the following occurs: (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract; (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract; (C) the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or (D) if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. (h) "Goods" means all things that are movable at the time of identification to the lease contract, or are fixtures (section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals. (i) "Installment lease contract" means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. (j) "Lease" means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease. (k) "Lease agreement" means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement. http://www.neded.org/files/assist/pawn.html 10/23/2007 Page 12 of 13 (1) "Lease contract" means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract. (m) "Leasehold interest" means the interest of the lessor or the lessee under a lease contract.. (n) "Lessee" means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee. (o) "Lessee in ordinary course of business" means a person who in good faith and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. "Leasing" may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting lease contract but does not include a transfer.in bulk or as security for or in total or partial satisfaction of a money debt. (p) "Lessor" means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor. (q) "Lessor's residual interest" means the lessor's interest in the goods after expiration, termination, or cancellation of the lease contract. (r) "Lien" means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. (s) "Lot" means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. (t) "Merchant lessee" means a lessee that is a merchant with respect to goods of the kind subject to the lease. (u) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. (v) "Purchase" includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. (w) "Sublease" means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. (x) "Supplier" means a person from whom a lessor buys or,leases goods to be leased under a finance lease. (y) "Supply contract" means a contract under which a lessor buys or leases goods to be leased. (z) "Termination" occurs when either party pursuant tc a power created by agreement or law puts an end to the lease contract otherwise than for default. (2) other definitions applying to this article and the sections in which they appear are: "Accessions". Section 2A-310(1). http://www.neded.org/files/assist/pawn.httnl 10/23/2007 Page 13 of 13 "Construction mortgage". Section 2A -309(l) (d) . "Encumbrance". Section 2A -309(l) (e) . "Fixtures". Section 2A -309(l) (a) . "Fixture filing". Section 2A -309(l) (b) . "Purchase money lease". Section 2A -309(l) (c) . (3) The following definitions in other articles apply to this article: "Account". Section 9-102(a)(2). "Between merchants". Section 2-104(3). "Buyer". Section 2-103(1)(a). "Chattel paper". Section 9-102 (a) (11) . "Consumer goods". Section 9-102 (a) (23) . "Document". Section 9-102 (a) (30) . "Entrusting". Section 2-403(3). "General intangible". Section 9-102 (a) (42) . "Good faith". Section 2-103(1)(b). "Instrument". Section 9-102 (a) (47) . "Merchant". Section 2-104(1). "Mortgage". Section 9-102 (a) (55) . "Pursuant to commitment". Section 9-102 (a) (68) . "Receipt". Section 2-103 (1) (c) . "Sale". Section 2-106(1). "Sale on approval". Section 2-326. "Sale or return". Section 2-326. "Seller". Section 2-103(1)(d). (4) In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article. 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