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effective for a period of 5 years from the date of filing, | | unless discharged as provided in this section or unless a | | continuation statement is filed prior to the lapse. A | continuation statement signed by the tax collector may be filed | | on behalf of the municipality within 6 months prior to the | | expiration of the 5-year period provided in this section in the | | same manner and to the same effect as provided in Title 11, | | section 9-1515. |
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| | | Sec. 4. 36 MRSA §612, sub-§6, as amended by PL 1999, c. 699, Pt. D, | | §28 and affected by §30, is repealed and the following enacted | | in its place: |
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| | | 6.__Rights and remedies of municipality and taxpayer. A | | municipality that has filed a notice of tax lien has the | | rights and remedies of a secured party, the taxpayer and the | | owner of the property against whom the lien has been filed | | have the rights and remedies of a debtor, all parties to whom | | the municipality is required to provide a copy of the lien | | notice pursuant to subsection 4 have the rights and remedies | | of a junior secured party and all lien creditors have the | | rights of lien creditors, as provided for in Title 11, Article | | 9-A, Part 6, except that: |
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| | | A.__The municipality does not have the rights provided to | | a secured party in Title 11, sections 9-1620, 9-1621 and | | 9-1622; |
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| | | B.__The municipality has no obligations to lien creditors | | or to secured parties referenced in Title 11, sections 9- | | 1605, 9-1615 and 9-1628 except to the extent that it has | | received notice from such secured parties as set forth in | | subsection 4 or they have effective financing statements | | on file as provided in subsection 4; |
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| | | C.__The municipality has no obligations under Title 11, | | section 9-1616; and |
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| | | D.__The municipality is not subject to Title 11, section | | 9-1625, subsection (3), paragraph (b) and section 9-1625, | | subsections (5) to (7). |
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| | | Sec. 5. 36 MRSA §612, sub-§7, śC, as amended by PL 1999, c. 699, Pt. | | D, §28 and affected by §30, is further amended to read: |
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| | | C. A final judgment is rendered in favor of the taxpayer or | | others claiming an interest in the liened personal property | | which determines either that the tax is not owed or that the | | lien is not valid. If the judgment determines that the tax is | | partially owed, then the officer who filed the notice of lien | | or that officer's successor shall, within 10 days of the | rendition of the final judgment, file an amended tax |
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