7-9A-105
Section 7-9A-105 Control of electronic chattel paper. (a) General rule: control of electronic
chattel paper. A secured party has control of electronic chattel paper if a system employed
for evidencing the transfer of interests in the chattel paper reliably establishes the secured
party as the person to which the chattel paper was assigned. (b) Specific facts giving control.
A system satisfies subsection (a) and a secured party has control of electronic chattel paper
if the record or records comprising the chattel paper are created, stored, and assigned in
such a manner that: (1) a single authoritative copy of the record or records exists which
is unique, identifiable and, except as otherwise provided in paragraphs (4), (5), and (6),
unalterable; (2) the authoritative copy identifies the secured party as the assignee of the
record or records; (3) the authoritative copy is communicated to and maintained by the secured
party or its designated custodian; (4) copies or amendments that add...
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7-9A-602
Section 7-9A-602 Waiver and variance of rights and duties. Except as otherwise provided in
Section 7-9A-624, to the extent that they give rights to a debtor or obligor and impose duties
on a secured party, the debtor or obligor may not waive or vary the rules stated in the following
listed sections: (1) Section 7-9A-207(b)(4)(C), which deals with use and operation of the
collateral by the secured party; (2) Section 7-9A-210, which deals with requests for an accounting
and requests concerning a list of collateral and statement of account; (3) Section 7-9A-607(c),
which deals with collection and enforcement of collateral; (4) Sections 7-9A-608(a) and 7-9A-615(c)
to the extent that they deal with application or payment of noncash proceeds of collection,
enforcement, or disposition; (5) Sections 7-9A-608(a) and 7-9A-615(d) to the extent that they
require accounting for or payment of surplus proceeds of collateral; (6) Section 7-9A-609
to the extent that it imposes upon a secured party that...
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7-9A-314
Section 7-9A-314 Perfection by control. (a) Perfection by control. A security interest in investment
property, deposit accounts, letter-of-credit rights, electronic chattel paper, or electronic
documents may be perfected by control of the collateral under Section 7-7-106, 7-9A-104, 7-9A-105,
7-9A-106, or 7-9A-107. (b) Specified collateral: Time of perfection by control; continuation
of perfection. A security interest in deposit accounts, electronic chattel paper, letter-of-credit
rights, or electronic documents is perfected by control under Section 7-7-106, 7-9A-104, 7-9A-105,
or 7-9A-107 when the secured party obtains control and remains perfected by control only while
the secured party retains control. (c) Investment property: Time of perfection by control;
continuation of perfection. A security interest in investment property is perfected by control
under Section 7-9A-106 from the time the secured party obtains control and remains perfected
by control until: (1) the secured party...
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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-505
Section 7-9A-505 Filing and compliance with other statutes and treaties for consignments, leases,
other bailments, and other transactions. (a) Use of terms other than "debtor" and
"secured party." A consignor, lessor, or other bailor of goods, a licensor, or a
buyer of a payment intangible or promissory note may file a financing statement, or may comply
with a statute or treaty described in Section 7-9A-311(a), using the terms "consignor",
"consignee", "lessor", "lessee", "bailor", "bailee",
"licensor", "licensee", "owner", "registered owner",
"buyer", "seller", or words of similar import, instead of the terms "secured
party" and "debtor". (b) Effect of financing statement under subsection (a).
This part applies to the filing of a financing statement under subsection (a) and, as appropriate,
to compliance that is equivalent to filing a financing statement under Section 7-9A-311(b),
but the filing or compliance is not of itself a factor in determining whether the collateral
secures an...
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7-9A-623
Section 7-9A-623 Right to redeem collateral. (a) Persons that may redeem. A debtor, any secondary
obligor, or any other secured party or lienholder may redeem collateral. (b) Requirements
for redemption. To redeem collateral, a person shall tender: (1) fulfillment of all obligations
secured by the collateral; and (2) the reasonable expenses and attorney's fees described in
Section 7-9A-615(a)(1). (c) When redemption may occur. A redemption may occur at any time
before a secured party: (1) has collected collateral under Section 7-9A-607; (2) has disposed
of collateral or entered into a contract for its disposition under Section 7-9A-610; or (3)
has accepted collateral in full or partial satisfaction of the obligation it secures under
Section 7-9A-622. (Act 2001-481, p. 647, §1.)...
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7-9A-626
Section 7-9A-626 Action in which deficiency or surplus is in issue. (a) Applicable rules if
amount of deficiency or surplus in issue. In an action arising from a transaction, other than
a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following
rules apply: (1) A secured party need not prove compliance with the provisions of this part
relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary
obligor places the secured party's compliance in issue. (2) If the secured party's compliance
is placed in issue, the secured party has the burden of establishing that the collection,
enforcement, disposition, or acceptance was conducted in accordance with this part. (3) Except
as otherwise provided in Section 7-9A-628, if a secured party fails to prove that the collection,
enforcement, disposition, or acceptance was conducted in accordance with the provisions of
this part relating to collection, enforcement, disposition,...
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7-3-605
Section 7-3-605 Discharge of indorsers and accommodation parties. (a) In this section, the
term "indorser" includes a drawer having the obligation described in Section 7-3-414(d).
(b) Discharge, under Section 7-3-604, of the obligation of a party to pay an instrument does
not discharge the obligation of an indorser or accommodation party having a right of recourse
against the discharged party. (c) If a person entitled to enforce an instrument agrees, with
or without consideration, to an extension of the due date of the obligation of a party to
pay the instrument, the extension discharges an indorser or accommodation party having a right
of recourse against the party whose obligation is extended to the extent the indorser or accommodation
party proves that the extension caused loss to the indorser or accommodation party with respect
to the right of recourse. (d) If a person entitled to enforce an instrument agrees, with or
without consideration, to a material modification of the...
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7-9A-604
Section 7-9A-604 Procedure if security agreement covers real property or fixtures. (a) Enforcement:
Personal and real property. If a security agreement covers both personal and real property,
a secured party may proceed: (1) under this part as to the personal property without prejudicing
any rights with respect to the real property; or (2) as to both the personal property and
the real property in accordance with the rights with respect to the real property, in which
case the other provisions of this part do not apply. (b) Enforcement: Fixtures. Subject to
subsection (c), if a security agreement covers goods that are or become fixtures, a secured
party may proceed: (1) under this part; or (2) in accordance with the rights with respect
to real property, in which case the other provisions of this part do not apply. (c) Removal
of fixtures. Subject to the other provisions of this part, if a secured party holding a security
interest in fixtures has priority over all owners and encumbrancers...
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7-9A-340
Section 7-9A-340 Effectiveness of right of recoupment or set-off against deposit account. (a)
Exercise of recoupment or set-off. Except as otherwise provided in subsection (c), a bank
with which a deposit account is maintained may exercise any right of recoupment or set-off
against a secured party that holds a security interest in the deposit account. (b) Recoupment
or set-off not affected by security interest. Except as otherwise provided in subsection (c),
the application of this article to a security interest in a deposit account does not affect
a right of recoupment or set-off of the secured party as to a deposit account maintained with
the secured party. (c) When set-off ineffective. The exercise by a bank of a set-off against
a deposit account is ineffective against a secured party that holds a security interest in
the deposit account which is perfected by control under Section 7-9A-104(a)(3), if the set-off
is based on a claim against the debtor. (Act 2001-481, p. 647, §1.)...
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