LD 2245
pg. 404
Page 403 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 405 of 493
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LR 1087
Item 1

 
(ii)__In a case in which a consignor has an interest in
the collateral, the subordinate security interest or
other lien is senior to the interest of the consignor;
and

 
(d)__A secured party that is a consignor of the collateral
if the secured party receives from the consignor an
authenticated demand for proceeds before distribution of the
proceeds is completed.

 
(2)__If requested by a secured party, a holder of a
subordinate security interest or other lien shall furnish
reasonable proof of the interest or lien within a reasonable
time.__Unless the holder does so, the secured party need not
comply with the holder's demand under subsection (1), paragraph
(c).

 
(3)__A secured party need not apply or pay over for
application noncash proceeds of disposition under this section
unless the failure to do so would be commercially unreasonable.__
A secured party that applies or pays over for application noncash
proceeds shall do so in a commercially reasonable manner.

 
(4)__If the security interest under which a disposition is
made secures payment or performance of an obligation, after
making the payments and applications required by subsection (1)
and permitted by subsection (3):

 
(a)__Unless subsection (1), paragraph (d) requires the
secured party to apply or pay over cash proceeds to a
consignor, the secured party shall account to and pay a
debtor for any surplus; and

 
(b)__The obligor is liable for any deficiency.

 
(5)__If the underlying transaction is a sale of accounts,
chattel paper, payment intangibles or promissory notes:

 
(a)__The debtor is not entitled to any surplus; and

 
(b)__The obligor is not liable for any deficiency.

 
(6)__The surplus or deficiency following a disposition is
calculated based on the amount of proceeds that would have been
realized in a disposition complying with this part to a
transferee other than the secured party, a person related to the
secured party or a secondary obligor if:


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