| | | (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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