US Lawyer Database

84-9-615 Application of proceeds of disposition; liability for deficiency and right to surplus.

84-9-615. Application of proceeds of disposition; liability for deficiency and right to surplus. (a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition under K.S.A. 2021 Supp. 84-9-610, and amendments thereto, in the following order to: (1) The reasonable expenses of retaking, holding, preparing for disposition, […]

84-9-527 Duty to report.

84-9-527. Duty to report. The secretary of state shall report annually to the governor and legislature on the operation of the filing office. The report must contain a statement of the extent to which: (1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this […]

84-9-616 Explanation of calculation of surplus or deficiency.

84-9-616. Explanation of calculation of surplus or deficiency. (a) Definitions. In this section: (1) “Explanation” means a writing that: (A) States the amount of the surplus or deficiency; (B) provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency; (C) states, if applicable, that future debits, credits, […]

84-9-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.

84-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes. (a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in K.S.A. 2021 Supp. 84-9-602, and amendments thereto, those provided by agreement of […]

84-9-617 Rights of transferee of collateral.

84-9-617. Rights of transferee of collateral. (a) Effects of disposition. A secured party’s disposition of collateral after default: (1) Transfers to a transferee for value all of the debtor’s rights in the collateral; (2) discharges the security interest under which the disposition is made; and (3) discharges any subordinate security interest or other subordinate lien. […]

84-9-602 Waiver and variance of rights and duties.

84-9-602. Waiver and variance of rights and duties. Except as otherwise provided in K.S.A. 2021 Supp. 84-9-624, and amendments thereto, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed […]

84-9-603 Agreement on standards concerning rights and duties.

84-9-603. Agreement on standards concerning rights and duties. (a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in K.S.A. 2021 Supp. 84-9-602, and amendments thereto, if the standards are not manifestly […]

84-9-604 Procedure if security agreement covers real property or fixtures.

84-9-604. Procedure if security agreement covers real property or fixtures. (a) Enforcement: Personal and real property. If a security agreement covers both personal and real property, a secured party may proceed: (1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) as to both […]

84-9-605 Unknown debtor or secondary obligor.

84-9-605. Unknown debtor or secondary obligor. A secured party does not owe a duty based on its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows: (A) That the person is a debtor or obligor; (B) the identity of the person; and (C) how to […]

84-9-606 Time of default for agricultural lien.

84-9-606. Time of default for agricultural lien. For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created. History: L. 2000, ch. 142, § 104; July 1, 2001.