LD 2245
pg. 378
Page 377 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 379 of 493
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LR 1087
Item 1

 
(c)__May enforce the obligations of an account debtor or
other person obligated on collateral and exercise the rights
of the debtor with respect to the obligation of the account
debtor or other person obligated on collateral to make
payment or otherwise render performance to the debtor and
with respect to any property that secures the obligations of
the account debtor or other person obligated on the
collateral;

 
(d)__If it holds a security interest in a deposit account
perfected by control under section 9-1104, subsection (1),
paragraph (a), may apply the balance of the deposit account
to the obligation secured by the deposit account; and

 
(e)__If it holds a security interest in a deposit account
perfected by control under section 9-1104, subsection (1),
paragraph (c) or (d), may instruct the bank to pay the
balance of the deposit account to or for the benefit of the
secured party.

 
(2)__If necessary to enable a secured party to exercise under
subsection (1), paragraph (c) the right of a debtor to enforce a
mortgage nonjudicially, the secured party may record in the
office in which a record of the mortgage is recorded:

 
(a)__A copy of the security agreement that creates or
provides for a security interest in the obligation secured
by the mortgage; and

 
(b)__The secured party's sworn affidavit in recordable form
stating that:

 
(i)__A default has occurred; and

 
(ii)__The secured party is entitled to enforce the
mortgage nonjudicially.

 
(3)__A secured party shall proceed in a commercially
reasonable manner if the secured party:

 
(a)__Undertakes to collect from or enforce an obligation of
an account debtor or other person obligated on collateral;
and

 
(b)__Is entitled to charge back uncollected collateral or
otherwise to full or limited recourse against the debtor or
a secondary obligor.

 
(4)__A secured party may deduct from the collections made
pursuant to subsection (3) reasonable expenses of collection and


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