LD 2245
pg. 427
Page 426 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 428 of 493
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LR 1087
Item 1

 
(a)__Discharges the obligation to the extent consented to by
the debtor;

 
(b)__Transfers to the secured party all of a debtor's rights
in the collateral;

 
(c)__Discharges the security interest or agricultural lien
that is the subject of the debtor's consent and any
subordinate security interest or other subordinate lien; and

 
(d)__Terminates any other subordinate interest.

 
(2)__ A subordinate interest is discharged or terminated under
subsection (1), even if the secured party fails to comply with
this Article.

 
Official Comment

 
1. Source. New.

 
2. Effect of Acceptance. Subsection (a) [Maine cite
subsection (1)] specifies the effect of an acceptance of
collateral in full or partial satisfaction of the secured
obligation. The acceptance to which it refers is an effective
acceptance. If a purported acceptance is ineffective under
Section 9-620 [Maine cite section 9-1620], e.g., because the
secured party receives a timely objection from a person entitled
to notification, then neither this subsection nor subsection (b)
[Maine cite subsection (2)] applies. Paragraph (1) [Maine cite
paragraph (a)] expresses the fundamental consequence of accepting
collateral in full or partial satisfaction of the secured
obligation-the obligation is discharged to the extent consented
to by the debtor. Unless otherwise agreed, the obligor remains
liable for any deficiency. Paragraphs (2) through (4) [Maine
cite paragraphs (b) to (d)] indicate the effects of an acceptance
on various property rights and interests. Paragraph (2) [Maine
cite paragraph (b)] follows Section 9-617(a) [Maine cite section
9-1617, subsection (1)] in providing that the secured party
acquires "all of a debtor's rights in the collateral." Under
paragraph (3) [Maine cite paragraph (c)], the effect of strict
foreclosure on holders of junior security interests and other
liens is the same regardless of whether the collateral is
accepted in full or partial satisfaction of the secured
obligation: all junior encumbrances are discharged. Paragraph
(4) [Maine cite paragraph (d)] provides for the termination of
other subordinate interests.

 
Subsection (b) [Maine cite subsection (2)] makes clear that
subordinate interests are discharged under subsection (a) [Maine
cite subsection (1)] regardless of whether the secured party


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