LD 2245
pg. 386
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LR 1087
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in connection with taking possession of collateral, see Section
9-625 [Maine cite section 9-1625], Comment 3.

 
5. Multiple Secured Parties. More than one secured party may
be entitled to take possession of collateral under this section.
Conflicting rights to possession among secured parties are
resolved by the priority rules of this Article. Thus, a senior
secured party is entitled to possession as against a junior
claimant. Non-UCC law governs whether a junior secured party in
possession of collateral is liable to the senior in conversion.
Normally, a junior who refuses to relinquish possession of
collateral upon the demand of a secured party having a superior
possessory right to the collateral would be liable in conversion.

 
6. Secured Party's Right to Disable and Dispose of Equipment
on Debtor's Premises. In the case of some collateral, such as
heavy equipment, the physical removal from the debtor's plant and
the storage of the collateral pending disposition may be
impractical or unduly expensive. This section follows former
Section 9-503 by providing that, in lieu of removal, the secured
party may render equipment unusable or may dispose of collateral
on the debtor's premises. Unlike former Section 9-503, however,
this section explicitly conditions these rights on the debtor's
default. Of course, this section does not validate unreasonable
action by a secured party. Under Section 9-610 [Maine cite
section 9-1610], all aspects of a disposition must be
commercially reasonable.

 
7. Debtor's Agreement to Assemble Collateral. This section
follows former Section 9-503 also by validating a debtor's
agreement to assemble collateral and make it available to a
secured party at a place that the secured party designates.
Similar to the treatment of agreements to permit collection prior
to default under Section 9-607 [Maine cite section 9-1607] and
former 9-502, however, this section validates these agreements
whether or not they are conditioned on the debtor's default. For
example, a debtor might agree to make available to a secured
party, from time to time, any instruments or negotiable documents
that the debtor receives on account of collateral. A court
should not infer from this section's validation that a debtor's
agreement to assemble and make available collateral would not be
enforceable under other applicable law.

 
8. Agreed Standards. Subject to the limitation imposed by
Section 9-603(b) [Maine cite section 9-1603, subsection (2)],
this section's provisions concerning agreements to assemble and
make available collateral and a secured party's right to disable
equipment and dispose of collateral on a debtor's premises are


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