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7-9A-502
Section 7-9A-502 Contents of financing statement; record of mortgage as financing statement;
time of filing financing statement. (a) Sufficiency of financing statement. Subject to subsection
(b), a financing statement is sufficient only if it: (1) provides the name of the debtor;
(2) provides the name of the secured party or a representative of the secured party; and (3)
indicates the collateral covered by the financing statement. (b) Real-property-related financing
statements. Except as otherwise provided in Section 7-9A-501(b), to be sufficient, a financing
statement that covers as-extracted collateral or timber to be cut, or which is filed as a
fixture filing and covers goods that are or are to become fixtures, must satisfy subsection
(a) and also: (1) indicate that it covers this type of collateral; (2) indicate that it is
to be filed in the real property records; (3) provide a description of the real property to
which the collateral is related sufficient to give constructive...
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7-9A-609
Section 7-9A-609 Secured party's right to take possession after default. (a) Possession; rendering
equipment unusable; disposition on debtor's premises. After default, a secured party: (1)
may take possession of the collateral; and (2) without removal, may render equipment unusable
and dispose of collateral on a debtor's premises under Section 7-9A-610. (b) Judicial and
nonjudicial process. A secured party may proceed under subsection (a): (1) pursuant to judicial
process; or (2) without judicial process, if it proceeds without breach of the peace. (c)
Assembly of collateral. If so agreed, and in any event after default, a secured party may
require the debtor to assemble the collateral and make it available to the secured party at
a place to be designated by the secured party which is reasonably convenient to both parties.
(Act 2001-481, p. 647, §1.)...
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7-9A-616
Section 7-9A-616 Explanation of calculation of surplus or deficiency. (a) Definitions. In this
section: (1) "Explanation" means a writing that: (A) states the amount of the surplus
or deficiency; (B) provides an explanation in accordance with subsection (c) of how the secured
party calculated the surplus or deficiency; (C) states, if applicable, that future debits,
credits, charges, including additional credit service charges or interest, rebates, and expenses
may affect the amount of the surplus or deficiency; and (D) provides a telephone number or
mailing address from which additional information concerning the transaction is available.
(2) "Request" means a record: (A) authenticated by a debtor or consumer obligor;
(B) requesting that the recipient provide an explanation; and (C) sent after disposition of
the collateral under Section 7-9A-610. (b) Explanation of calculation. In a consumer-goods
transaction in which the debtor is entitled to a surplus or a consumer obligor is liable...
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7-9A-509
Section 7-9A-509 Persons entitled to file a record. (a) Person entitled to file record. A person
may file an initial financing statement, amendment that adds collateral covered by a financing
statement, or amendment that adds a debtor to a financing statement only if: (1) the debtor
authorizes the filing in an authenticated record or pursuant to subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing
and the financing statement covers only collateral in which the person holds an agricultural
lien. (b) Security agreement as authorization. By authenticating or becoming bound as debtor
by a security agreement, a debtor or new debtor authorizes the filing of an initial financing
statement, and an amendment, covering: (1) the collateral described in the security agreement;
and (2) property that becomes collateral under Section 7-9A-315(a)(2), whether or not the
security agreement expressly covers proceeds. (c) Acquisition of...
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7-9A-205
Section 7-9A-205 Use or disposition of collateral permissible. (a) When security interest not
invalid or fraudulent. A security interest is not invalid or fraudulent against creditors
solely because: (1) the debtor has the right or ability to: (A) use, commingle, or dispose
of all or part of the collateral, including returned or repossessed goods; (B) collect, compromise,
enforce, or otherwise deal with collateral; (C) accept the return of collateral or make repossessions;
or (D) use, commingle, or dispose of proceeds; or (2) the secured party fails to require the
debtor to account for proceeds or replace collateral. (b) Requirements of possession not relaxed.
This section does not relax the requirements of possession if attachment, perfection, or enforcement
of a security interest depends upon possession of the collateral by the secured party. (Act
2001-481, p. 647, §1.)...
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7-9A-401
Section 7-9A-401 Alienability of debtor's rights. (a) Other law governs alienability; exceptions.
Except as otherwise provided in subsection (b) and Sections 7-9A-406, 7-9A-407, 7-9A-408,
and 7-9A-409, whether a debtor's rights in collateral may be voluntarily or involuntarily
transferred is governed by law other than this article. (b) Agreement does not prevent transfer.
An agreement between the debtor and secured party which prohibits a transfer of the debtor's
rights in collateral or makes the transfer a default does not prevent the transfer from taking
effect. (Act 2001-481, p. 647, §1.)...
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7-9A-204
Section 7-9A-204 After-acquired property; future advances. (a) After-acquired collateral. Except
as otherwise provided in subsection (b), a security agreement may create or provide for a
security interest in after-acquired collateral. (b) When after-acquired property clause not
effective. A security interest does not attach under a term constituting an after-acquired
property clause to: (1) consumer goods, other than an accession when given as additional security,
unless the debtor acquires rights in them within 10 days after the secured party gives value;
or (2) a commercial tort claim. (c) Future advances and other value. A security agreement
may provide that collateral secures, or that accounts, chattel paper, payment intangibles,
or promissory notes are sold in connection with, future advances or other value, whether or
not the advances or value are given pursuant to commitment. (Act 2001-481, p. 647, §1.)...
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7-9A-406
Section 7-9A-406 Discharge of account debtor; notification of assignment; identification and
proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles,
and promissory notes ineffective. (a) Discharge of account debtor; effect of notification.
Subject to subsections (b) through (i), an account debtor on an account, chattel paper, or
a payment intangible may discharge its obligation by paying the assignor until, but not after,
the account debtor receives a notification, authenticated by the assignor or the assignee,
that the amount due or to become due has been assigned and that payment is to be made to the
assignee. After receipt of the notification, the account debtor may discharge its obligation
by paying the assignee and may not discharge the obligation by paying the assignor. (b) When
notification ineffective. Subject to subsection (h), notification is ineffective under subsection
(a): (1) if it does not reasonably identify the rights assigned;...
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7-9A-614
Section 7-9A-614 Contents and form of notification before disposition of collateral: Consumer-goods
transaction. In a consumer-goods transaction, the following rules apply: (1) A notification
of disposition must provide the following information: (A) the information specified in Section
7-9A-613(1); (B) a description of any liability for a deficiency of the person to which the
notification is sent; (C) a telephone number from which the amount that must be paid to the
secured party to redeem the collateral under Section 7-9A-623 is available; and (D) a telephone
number or mailing address from which additional information concerning the disposition and
the obligation secured is available. (2) A particular phrasing of the notification is not
required. (3) The following form of notification, when completed, provides sufficient information:
Name and address of secured party Date NOTICE OF OUR PLAN TO SELL PROPERTY Name and address
of any obligor who is also a debtor Subject: ___...
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7-9A-628
Section 7-9A-628 Nonliability and limitation on liability of secured party; liability of secondary
obligor. (a) Limitation of liability of secured party for noncompliance with article. Unless
a secured party knows that a person is a debtor or obligor, knows the identity of the person,
and knows how to communicate with the person: (1) the secured party is not liable to the person,
or to a secured party or lienholder that has filed a financing statement against the person,
for failure to comply with this article; and (2) the secured party's failure to comply with
this article does not affect the liability of the person for a deficiency. (b) Limitation
of liability based on status as secured party. A secured party is not liable because of its
status as secured party: (1) to a person that is a debtor or obligor, unless the secured party
knows: (A) that the person is a debtor or obligor; (B) the identity of the person; and (C)
how to communicate with the person; or (2) to a secured party or...
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