LD 2245
pg. 405
Page 404 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 406 of 493
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LR 1087
Item 1

 
(a)__The transferee in the disposition is the secured party,
a person related to the secured party or a secondary
obligor; and

 
(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.

 
(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:

 
(a)__Takes the cash proceeds free of the security interest
or other lien;

 
(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

 
(c)__Is not obligated to account to or pay the holder of the
security interest or other lien for any surplus.

 
Official Comment

 
1. Source. Former Section 9-504(1), (2).

 
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.

 
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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