1. To obtain the release of a lien for which notice of lien has been recorded against the property, the principal and a surety must execute a surety bond in an amount equal to 1.5 times the lienable amount in the notice of lien, which must be in the following form:
(Assessor’s Parcel Numbers)
(Title of court and cause, if action has been commenced)
WHEREAS, ........................ (name of principal), located at ........................................ (address of principal), desires to give a bond for releasing the following described property owned by ......................................... (name of owners) from that certain notice of lien in the sum of $................ recorded ..... (month) ..... (day) ....., (year), in the office of the recorder in ................................ (name of county where the property is located):
(Legal Description)
NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves to the lien claimant named in the notice of lien, ................................, (name of lien claimant) under the conditions prescribed by NRS 108.2413 to 108.2425, inclusive, in the sum of $................ (1 1/2 x lienable amount), from which sum they will pay the lien claimant that amount as a court of competent jurisdiction may adjudge to have been secured by the lien, including the total amount awarded pursuant to NRS 108.237, but the liability of the surety may not exceed the penal sum of the surety bond.
IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ................................, Nevada, on the ....... day of the month of ....... of the year .......
......……….....................
(Signature of Principal)
(Surety Corporation)
By........………....................
(Its Attorney in Fact)
State of Nevada }
} ss.
County of................................................ }
On ..... (month) ..... (day) ....., (year), before me, the undersigned, a notary public of this County and State, personally appeared ................................. who acknowledged that he or she executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ................................ known (or satisfactorily proved) to me to be the attorney in fact of the surety that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the surety therein named, and he or she acknowledged to me that the surety executed the foregoing instrument.
...............................................................
(Notary Public in and for
the County and State)
2. To obtain the release of all prospective and existing lien rights of lien claimants related to a work of improvement, the principal and a surety must execute and cause to be recorded a surety bond in an amount equal to 1.5 times the amount of the prime contract, which must be in the following form:
(Assessor’s Parcel Numbers)
(Title of court and cause, if action has been commenced)
WHEREAS, ........................ (name of principal), located at ........................................ (address of principal), desires to give a bond for releasing the following described property owned by ......................................... (name of owners) from all prospective and existing lien rights and notices of liens arising from materials, equipment or work provided or to be provided under the prime contract described as follows:
(Parties to the Prime Contract)
(Amount of the Prime Contract)
(Date of the Prime Contract)
(Summary of Terms of the Prime Contract)
WHEREAS, the property that is the subject of the surety bond is described as follows:
(Legal Description)
NOW, THEREFORE, the undersigned principal and surety do hereby obligate themselves in the sum of $................ (1 1/2 x amount of prime contract) to all prospective and existing lien claimants who have provided or hereafter provide materials, equipment or work under the prime contract, from which sum the principal and surety will pay the lien claimants the lienable amount that a court of competent jurisdiction may determine is owed to each lien claimant, and such additional amounts as may be awarded pursuant to NRS 108.237, but the liability of the surety may not exceed the penal sum of the surety bond.
IN TESTIMONY WHEREOF, the principal and surety have executed this bond at ................................, Nevada, on the ....... day of the month of ....... of the year .......
......……….....................
(Signature of Principal)
(Surety Corporation)
By........………....................
(Its Attorney in Fact)
State of Nevada }
}ss.
County of............................................ }
On ..... (month) ..... (day), ..... (year), before me, the undersigned, a notary public of this County and State, personally appeared ................................. who acknowledged that he or she executed the foregoing instrument as principal for the purposes therein mentioned and also personally appeared ................................ known (or satisfactorily proved) to me to be the attorney in fact of the surety that executed the foregoing instrument, known to me to be the person who executed that instrument on behalf of the surety therein named, and he or she acknowledged to me that the surety executed the foregoing instrument.
...............................................................
(Notary Public in and for
the County and State)
3. The principal must record the surety bond in the office of the county recorder in the county in which the property upon which the improvement is located, either before or after the commencement of an action to enforce the lien. A certified copy of the recorded surety bond shall be deemed an original for purposes of this section.
4. Upon the recording of the surety bond, the principal must serve a file-stamped copy of the recorded surety bond in the following manner:
(a) If a lien claimant has appeared in an action that is pending to enforce the notice of lien, service must be made by certified or registered mail, return receipt requested, upon the lien claimant at the address set forth in the lien and the lien claimant’s counsel of record at his or her place of business;
(b) If a notice of lien is recorded at the time the surety bond is recorded and no action is pending to enforce the notice of lien, personal service must be made upon each lien claimant pursuant to the Nevada Rules of Civil Procedure; or
(c) If no notice of lien is recorded at the time the surety bond is recorded, service must be made by personal service or certified mail, return receipt requested, upon each lien claimant and prospective lien claimant that has provided or thereafter provides the owner or lessee with a notice of a right to lien. Such service must be within 10 days after the recording of the surety bond, or the service of notice of the right to lien upon the owner by a lien claimant, whichever is later.
5. Failure to serve the surety bond as provided in subsection 4 does not affect the validity of the surety bond, but the statute of limitations on any action on the surety bond, including a motion excepting to the sufficiency of the surety pursuant to NRS 108.2425, is tolled until notice is given.
6. Subject to the provisions of NRS 108.2425, the recording and service of the surety bond pursuant to:
(a) Subsection 1 releases the property described in the surety bond from the lien and the surety bond shall be deemed to replace the property as security for the lien.
(b) Subsection 2 releases the property described in the surety bond from any liens and prospective liens for work, materials or equipment related to the prime contract and the surety bond shall be deemed to replace the property as security for the lien.
(Added to NRS by 1981, 28; A 2001, 29; 2003, 2610; 2005, 1906)
Structure Nevada Revised Statutes
NRS 108.22104 - "Agent of the owner" defined.
NRS 108.22108 - "Building" defined.
NRS 108.22112 - "Commencement of construction" defined.
NRS 108.22116 - "Completion of the work of improvement" defined.
NRS 108.22118 - "Construction control" defined.
NRS 108.2212 - "Contract" defined.
NRS 108.22124 - "Equipment" defined.
NRS 108.22128 - "Improvement" defined.
NRS 108.22132 - "Lien" defined.
NRS 108.22136 - "Lienable amount" defined.
NRS 108.2214 - "Lien claimant" defined.
NRS 108.22144 - "Material" defined.
NRS 108.22146 - "Notice of lien" defined.
NRS 108.22148 - "Owner" defined.
NRS 108.22156 - "Prevailing lien claimant" defined.
NRS 108.2216 - "Prime contract" defined.
NRS 108.22164 - "Prime contractor" defined.
NRS 108.22168 - "Principal" defined.
NRS 108.22172 - "Property" defined.
NRS 108.22176 - "Surety" defined.
NRS 108.2218 - "Surety bond" defined.
NRS 108.22184 - "Work" defined.
NRS 108.22188 - "Work of improvement" defined.
NRS 108.225 - Priority of liens.
NRS 108.227 - Service of copy of notice of lien.
NRS 108.232 - Notice of lien to be recorded; fees of recorder.
NRS 108.233 - Duration of lien.
NRS 108.238 - Right to maintain civil action or submit controversy to arbitration not impaired.
NRS 108.2413 - Release of lien rights or notice of lien by posting surety bond.
NRS 108.2423 - Enforcement of liability of principal and surety.
NRS 108.243 - Assignment of lien.
NRS 108.244 - Limitation on filing complaint for foreclosure of notice of lien.
NRS 108.245 - Notice of right to lien: Form; service; effect.
NRS 108.249 - Lien on mill, manufactory or hoisting works.
NRS 108.250 - Extinguishment of lien on real property created by levy of attachment.
NRS 108.260 - Expiration of effective notice of pendency of action.
NRS 108.266 - "Landlord" defined.
NRS 108.267 - "Legal owner" defined.
NRS 108.2671 - "Manufactured home" defined.
NRS 108.2673 - "Mobile home" defined.
NRS 108.2675 - "Mobile home lot" defined.
NRS 108.2677 - "Mobile home park" defined.
NRS 108.26775 - "Recreational vehicle" defined.
NRS 108.2678 - "Recreational vehicle park" defined.
NRS 108.2679 - "Registered owner" defined.
NRS 108.26795 - "Trailer" defined.
NRS 108.268 - Legal owner of aircraft.
NRS 108.2723 - Liens on abandoned recreational vehicles: Notice.
NRS 108.2735 - Liens on mobile homes, manufactured homes and motor vehicles: Expiration.
NRS 108.274 - Liens on aircraft: Statement of amount by claimant.
NRS 108.276 - Liens on aircraft: Redelivery of property upon posting of bond.
NRS 108.278 - Liens on aircraft: Application for redelivery of property or release of bond; hearing.
NRS 108.290 - Priority of lien; limitation on lien of landlord.
NRS 108.310 - Satisfaction of lien; sale by auction; disposition of proceeds.
NRS 108.315 - Enforcement of lien for unpaid rent or utilities by landlord.
NRS 108.330 - Remedy for enforcing lien does not preclude other remedies.
NRS 108.340 - Liability of claimant for failure to redeliver.
NRS 108.350 - Validity of lien may be contested; liability of claimant after sale.
NRS 108.353 - Contesting validity of lien on motor vehicle.
NRS 108.355 - Contesting validity of lien on mobile home or manufactured home.
NRS 108.360 - Penalty for incurring bill without authority or by misrepresentation.
NRS 108.365 - Penalty for committing certain acts involving motor vehicle.
NRS 108.367 - Penalty for violation of NRS 108.265 to 108.367, inclusive.
NRS 108.380 - Storage of unclaimed freight by carriers and warehousemen.
NRS 108.400 - Service of notice.
NRS 108.410 - Sale of perishable freight to satisfy lien.
NRS 108.430 - Disposition of unclaimed surplus.
NRS 108.440 - Right of bailee to sell property on bailor’s failure to pay storage charges.
NRS 108.450 - Notice and advertisement of sale; redemption of property.
NRS 108.460 - Disposition of proceeds of sale.
NRS 108.470 - Provisions not applicable to pawnbrokers or moneylenders.
NRS 108.4731 - "Electronic mail" defined.
NRS 108.4733 - "Facility" defined.
NRS 108.4734 - "Last known address" defined.
NRS 108.4735 - "Occupant" defined.
NRS 108.474 - "Owner" defined.
NRS 108.4743 - "Personal property" defined.
NRS 108.4744 - "Protected property" defined.
NRS 108.4745 - "Rental agreement" defined.
NRS 108.4746 - "Storage space" defined.
NRS 108.4748 - "Verified mail" defined.
NRS 108.4753 - Lien of owner of facility; priority of lien created by document of title.
NRS 108.4755 - Contents of rental agreement.
NRS 108.4757 - Presumption regarding maximum value of property stored.
NRS 108.4765 - Occupant’s declaration in opposition to sale.
NRS 108.477 - Sale of occupant’s property by owner: Advertisement; manner; distribution of proceeds.
NRS 108.4773 - Claim of property subject to security interest.
NRS 108.4775 - Satisfaction of lien by person claiming interest in property.
NRS 108.480 - Lien on personal property; sale after 30 days after default.
NRS 108.490 - Sale of baggage or property left at hotel, motel, lodging house or boardinghouse.
NRS 108.500 - Sales at public auction: Notice; disposition of proceeds.
NRS 108.550 - Foreclosure of lien; sale; disposition of proceeds.
NRS 108.570 - Service of stallion: Lien on mare and offspring; penalties.
NRS 108.580 - Persons selling ore to reduction works have preferred liens.
NRS 108.590 - Extent of lien; exception; lien in addition to lien on property.
NRS 108.600 - Limitations on extent of lien.
NRS 108.610 - Notice of lien required: Recording and service.
NRS 108.640 - Hospital records: Examination; copying.
NRS 108.650 - Payment to injured person after notice of lien; liability and payment to hospital.
NRS 108.660 - Foreclosure of lien.
NRS 108.662 - Extent of lien; notice of lien; amendment of notice; limitations.
NRS 108.665 - Foreclosure: Manner; limitations.
NRS 108.670 - Extent of lien; detention of vessel; priority of claims.
NRS 108.690 - Amount by which lien exceeds $1,000 is secondary to perfected security interest.
NRS 108.700 - Lien does not deprive lienholder of other remedy.
NRS 108.710 - Satisfaction of lien: Notice; sale by auction; disposition of proceeds.
NRS 108.720 - Payment of lien and expenses before sale.
NRS 108.730 - Remedy for enforcing lien does not preclude other remedies.
NRS 108.740 - Lawful sale releases lienholder.
NRS 108.760 - Penalty for incurring bill without authority or by misrepresentation.
NRS 108.780 - Liens for work done and for storage by agreement; exemption of warehousemen.
NRS 108.790 - Sales by lienholders after notice.
NRS 108.800 - Service or posting of notice; disposition of proceeds of sale.
NRS 108.810 - Waiver of lien; action upon amount.
NRS 108.820 - Notices to be posted in business establishments.
NRS 108.827 - Federal liens: Place of filing.
NRS 108.829 - Execution of notices and certificates.
NRS 108.831 - Duties of filing officer.
NRS 108.837 - Uniformity of interpretation.
NRS 108.850 - Petition for lien.
NRS 108.870 - Foreclosure of lien.
NRS 108.882 - "Farm product" defined.
NRS 108.883 - "Processed farm product" defined.
NRS 108.884 - "Processor" defined.
NRS 108.885 - "Producer" defined.
NRS 108.887 - Lien of producer.
NRS 108.888 - Attachment of lien; priority of lien.
NRS 108.891 - Release of lien: Provision of security; payment or arrangement for payment.
NRS 108.892 - Release of lien: Additional methods; disposition of farm product.
NRS 108.893 - Release of farm product or processed farm product by court.
NRS 108.894 - Effect of judgment on lien.
NRS 108.895 - Actions to foreclose lien: Preliminary injunction.