| | | of all other obligations then matured. If unmatured secured | | obligations remain, the security interest continues to secure | | them (i.e., as if there had been no default). |
|
| | | 3. Redemption of Remaining Collateral Following Partial | | Enforcement. Under Section 9-610 [Maine cite section 9-1610] a | | secured party may make successive dispositions of portions of its | | collateral. These dispositions would not affect the debtor's, | | another secured party's, or a lienholder's right to redeem the | | remaining collateral. |
|
| | | 4. Effect of "Repledging." Section 9-207 [Maine cite section | | 9-1207] generally permits a secured party having possession or | | control of collateral to create a security interest in the | | collateral. As explained in the Comments to that section, the | | debtor's right (as opposed to its practical ability) to redeem | | collateral is not affected by, and does not affect, the priority | | of a security interest created by the debtor's secured party. |
|
| | | (1)__A debtor or secondary obligor may waive the right to | | notification of disposition of collateral under section 9-1611 | | only by an agreement to that effect entered into and | | authenticated after default. |
|
| | | (2)__A debtor may waive the right to require disposition of | | collateral under section 9-1620, subsection (5) only by an | | agreement to that effect entered into and authenticated after | | default. |
|
| | | (3)__Except in a consumer-goods transaction, a debtor or | | secondary obligor may waive the right to redeem collateral under | | section 9-1623 only by an agreement to that effect entered into | | and authenticated after default. |
|
| | | 1. Source. Former Sections 9-504(3), 9-505, 9-506. |
|
| | | 2. Waiver. This section is a limited exception to Section 9- | | 602 [Maine cite section 9-1602], which generally prohibits waiver | | by debtors and obligors. It makes no provision for waiver of the | | rule prohibiting a secured party from buying at its own private | | disposition. Transactions of this kind are equivalent to "strict | | foreclosures" and are governed by Sections 9-620, 9-621, and 9- | | 622 [Maine cite sections 9-1620, 9-1621 and 9-1622]. |
|
|