LD 2245
pg. 38
Page 37 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 39 of 493
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LR 1087
Item 1

 
Example 1: Behnfeldt borrows money and grants a security interest
in her Miata to secure the debt. Behnfeldt is a debtor and an
obligor.

 
Example 2: Behnfeldt borrows money and grants a security
interest in her Miata to secure the debt. Bruno co-signs a
negotiable note as maker. As before, Behnfeldt is the debtor and
an obligor. As an accommodation party (see Section 3-419), Bruno
is a secondary obligor. Bruno has this status even if the note
states that her obligation is a primary obligation and that she
waives all suretyship defenses.

 
Example 3: Behnfeldt borrows money on an unsecured basis.
Bruno co-signs the note and grants a security interest in her
Honda to secure her obligation. Inasmuch as Behnfeldt does not
have a property interest in the Honda, Behnfeldt is not a debtor.
Having granted the security interest, Bruno is the debtor.
Because Behnfeldt is a principal obligor, she is not a secondary
obligor. Whatever the outcome of enforcement of the security
interest against the Honda or Bruno's secondary obligation, Bruno
will look to Behnfeldt for her losses. The enforcement will not
affect Behnfeldt's aggregate obligations.

 
When the principal obligor (borrower) and the secondary
obligor (surety) each has granted a security interest in
different collateral, the status of each is determined by the
collateral involved.

 
Example 4: Behnfeldt borrows money and grants a security
interest in her Miata to secure the debt. Bruno co-signs the
note and grants a security interest in her Honda to secure her
obligation. When the secured party enforces the security
interest in Behnfeldt's Miata, Behnfeldt is the debtor, and Bruno
is a secondary obligor. When the secured party enforces the
security interest in the Honda, Bruno is the "debtor." As in
Example 3, Behnfeldt is an obligor, but not a secondary obligor.

 
b. "Secured Party." The secured party is the person in
whose favor the security interest has been created, as
determined by reference to the security agreement. This
definition controls, among other things, which person has
the duties and potential liability that Part 6 imposes upon
a secured party. The definition of "secured party" also
includes a "consignee," a person to which accounts, chattel
paper, payment intangibles, or promissory notes have been
sold, and the holder of an agricultural lien.

 
The definition of "secured party" clarifies the status of
various types of representatives. Consider, for example, a


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