(iii)__How to communicate with the person; or

(b)__To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(i)__That the person is a debtor; and

(ii)__The identity of the person.

(3)__A secured party is not liable to any person, and a person's liability for a deficiency is not affected because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:

(a)__A debtor's representation concerning the purpose for which collateral was to be used, acquired or held; or

(b)__An obligor's representation concerning the purpose for which a secured obligation was incurred.

(4)__A secured party is not liable to any person under section 9-1625, subsection (3), paragraph (b) for its failure to comply with section 9-1616.

(5)__A secured party is not liable under section 9-1625, subsection (3), paragraph (b) more than once with respect to any one secured obligation.

Official Comment

1. Source. New.

2. Exculpatory Provisions. Subsections (a), (b), and (c) [Maine cite subsections (1), (2) and (3)] contain exculpatory provisions that should be read in conjunction with Section 9-605 [Maine cite section 9-1605]. Without this group of provisions, a secured party could incur liability to unknown persons and under circumstances that would not allow the secured party to protect itself. The broadened definition of the term "debtor" underscores the need for these provisions.

If a secured party reasonably, but mistakenly, believes that a consumer transaction or consumer-goods transaction is a non- consumer transaction or non-consumer-goods transaction, and