LD 2245
pg. 368
Page 367 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 369 of 493
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LR 1087
Item 1

 
SUBPART 1

 
DEFAULT AND ENFORCEMENT OF SECURITY INTEREST

 
§9-1601.__Rights after default; judicial enforcement; consignor

 
or buyer of accounts, chattel paper, payment

 
intangibles or promissory notes

 
(1)__After default, a secured party has the rights provided in
this part and, except as otherwise provided in section 9-1602,
those provided by agreement of the parties.__A secured party:

 
(a)__May reduce a claim to judgment or foreclose or
otherwise enforce the claim, security interest or
agricultural lien by any available judicial procedure; and

 
(b)__If the collateral is documents, may proceed either as
to the documents or as to the goods they cover.

 
(2)__A secured party in possession of collateral or control of
collateral under section 9-1104, 9-1105, 9-1106 or 9-1107 has the
rights and duties provided in section 9-1207.

 
(3)__The rights under subsections (1) and (2) are cumulative
and may be exercised simultaneously.

 
(4)__Except as otherwise provided in subsection (7) and
section 9-1605, after default, a debtor and an obligor have the
rights provided in this part and by agreement of the parties.

 
(5)__If a secured party has reduced its claim to judgment, the
lien of any levy that may be made upon the collateral by virtue
of an execution based upon the judgment relates back to the
earliest of:

 
(a)__The date of perfection of the security interest or
agricultural lien in the collateral;

 
(b)__The date of filing a financing statement covering the
collateral; or

 
(c)__Any date specified in a statute under which the
agricultural lien was created.

 
(6)__A sale pursuant to an execution is a foreclosure of the
security interest or agricultural lien by judicial procedure
within the meaning of this section.__A secured party may purchase
at the sale and thereafter hold the collateral free of any other
requirements of this article.


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