| in connection with taking possession of collateral, see Section | 9-625 [Maine cite section 9-1625], Comment 3. |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 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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