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7-9A-311
Section 7-9A-311 Perfection of security interests in property subject to certain statutes,
regulations, and treaties. (a) Security interest subject to other law. Except as otherwise
provided in subsection (d), the filing of a financing statement is not necessary or effective
to perfect a security interest in property subject to: (1) a statute, regulation, or treaty
of the United States whose requirements for a security interest's obtaining priority over
the rights of a lien creditor with respect to the property preempt Section 7-9A-310(a); (2)
Chapter 8 or Chapter 20 of Title 32 or another statute of this state which provides for a
security interest to be indicated on a certificate of title as a condition or result of the
security interest's obtaining priority over the rights of a lien creditor with respect to
the collateral, or any central filing system created by another statute of this state governing
perfection of a security interest in collateral that is subject to this article;...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration
of four months after a change of the debtor's location to another jurisdiction; or (3) the
expiration of one year after a transfer of collateral to a person that thereby becomes a debtor
and is located in another jurisdiction. (b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in subsection (a) becomes perfected
under the law of the other jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earliest...
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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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7-9A-707
Section 7-9A-707 Amendment of pre-effective-date financing statement. (a) "Pre-effective-date
financing statement". In this section, "pre-effective-date financing statement"
means a financing statement filed before January 1, 2002. (b) Applicable law. After January
1, 2002, a person may add or delete collateral covered by, continue or terminate the effectiveness
of, or otherwise amend the information provided in, a pre-effective-date financing statement
only in accordance with the law of the jurisdiction governing perfection as provided in Part
3. However, the effectiveness of a pre-effective-date financing statement also may be terminated
in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Method of amending: General rule. Except as otherwise provided in subsection (d), if the
law of this State governs perfection of a security interest, the information in a pre-effective-date
financing statement may be amended after January 1, 2002, only if:...
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7-9A-807
Section 7-9A-807 Amendment of pre-effective date financing statement. (a) Pre-effective date
financing statement. In this section, pre-effective date financing statement means a financing
statement filed before July 1, 2014. (b) Applicable law. After July 1, 2014, a person may
add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise
amend the information provided in, a pre-effective date financing statement only in accordance
with the law of the jurisdiction governing perfection as provided in Article 9A as amended
by Act 2014-374. However, the effectiveness of a pre-effective date financing statement also
may be terminated in accordance with the law of the jurisdiction in which the financing statement
is filed. (c) Method of amending: general rule. Except as otherwise provided in subsection
(d), if the law of this state governs perfection of security interest, the information in
a pre-effective date financing statement may be amended after Act...
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7-8-603
Section 7-8-603 Savings clause. (a) This act does not affect an action or proceeding commenced
before this act takes effect. (b) If a security interest in a security is perfected at the
date this act takes effect, and the action by which the security interest was perfected would
suffice to perfect a security interest under this act, no further action is required to continue
perfection. If a security interest in a security is perfected at the date this act takes effect
but the action by which the security interest was perfected would not suffice to perfect a
security interest under this act, the security interest remains perfected for a period of
four months after the effective date and continues perfected thereafter if appropriate action
to perfect under this act is taken within that period. If a security interest is perfected
at the date this act takes effect and the security interest can be perfected by filing under
this act, a financing statement signed by the secured party instead...
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7-9A-324
Section 7-9A-324 Priority of purchase-money security interests. (a) General rule: Purchase-money
priority. Except as otherwise provided in subsection (g), a perfected purchase-money security
interest in goods other than inventory or livestock has priority over a conflicting security
interest in the same goods, and, except as otherwise provided in Section 7-9A-327, a perfected
security interest in its identifiable proceeds also has priority, if the purchase-money security
interest is perfected when the debtor receives possession of the collateral or within 20 days
thereafter. (b) Inventory purchase-money priority. Subject to subsection (c) and except as
otherwise provided in subsection (g), a perfected purchase-money security interest in inventory
has priority over a conflicting security interest in the same inventory, has priority over
a conflicting security interest in chattel paper or an instrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
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35-11-46
Section 35-11-46 Duties of filing officer. (a) If a notice of a federal lien, a refiling of
a notice of federal lien, or a notice of revocation of any certificate described in subsection
(b) is presented for filing, the filing officer shall cause the notice to be marked, held,
and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial
Code, as if the notice were a financing statement within the meaning of that Code, and if
the filing officer is the judge of probate, the filing officer also shall cause the notice
to be cross-indexed in the real estate mortgage records under the name of the person against
whose interest the lien applies in the same fashion as if such person were the mortgagor in
a mortgage of real estate and also under the name of the person claiming the lien as if such
person were the mortgagee thereunder. (b) If a certificate of release, nonattachment, discharge,
or subordination of any lien is presented to the filing officer for...
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