| (a)__The transferee in the disposition is the secured party, | a person related to the secured party or a secondary | obligor; and |
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| (b)__The amount of proceeds of the disposition is | significantly below the range of proceeds that a complying | disposition to a person other than the secured party, a | person related to the secured party or a secondary obligor | would have brought. |
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| | (7)__A secured party that receives cash proceeds of a | disposition in good faith and without knowledge that the receipt | violates the rights of the holder of a security interest or other | lien that is not subordinate to the security interest or | agricultural lien under which the disposition is made: |
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| (a)__Takes the cash proceeds free of the security interest | or other lien; |
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| (b)__Is not obligated to apply the proceeds of the | disposition to the satisfaction of obligations secured by | the security interest or other lien; and |
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| (c)__Is not obligated to account to or pay the holder of the | security interest or other lien for any surplus. |
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| | 1. Source. Former Section 9-504(1), (2). |
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| | 2. Application of Proceeds. This section contains the rules | governing application of proceeds and the debtor's liability for | a deficiency following a disposition of collateral. Subsection | (a) [Maine cite subsection (1)] sets forth the basic order of | application. The proceeds are applied first to the expenses of | disposition, second to the obligation secured by the security | interest that is being enforced, and third, in the specified | circumstances, to interests that are subordinate to that security | interest. |
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| | Subsections (a) and (d) [Maine cite subsections (1) and (4)] | also address the right of a consignor to receive proceeds of a | disposition by a secured party whose interest is senior to that | of the consignor. Subsection (a) [Maine cite subsection (1)] | requires the enforcing secured party to pay excess proceeds first | to subordinate secured parties or lienholders whose interests are | senior to that of a consignor and, finally, to a consignor. | Inasmuch as a consignor is the owner of the collateral, secured | parties and lienholders whose interests are junior to the |
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