70A-9a-601. Rights after default — Judicial enforcement — Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes. (1) After default, a secured party has the rights provided in this part and, except as otherwise provided in Section 70A-9a-602, those provided by agreement of the parties. A secured party: (a) may reduce a […]
70A-9a-602. Waiver and variance of rights and duties. Except as otherwise provided in Section 70A-9a-624, 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 sections: (1) Subsection 70A-9a-207(2)(d)(iii), which […]
70A-9a-603. Agreement on standards concerning rights and duties. (1) 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 Section 70A-9a-602 if the standards are not manifestly unreasonable. (2) Subsection (1) does not apply […]
70A-9a-604. Procedure if security agreement covers real property or fixtures. (1) If a security agreement covers both personal and real property, a secured party may proceed: (a) under this part as to the personal property without prejudicing any rights with respect to the real property; or (b) as to both the personal property and the […]
70A-9a-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 […]
70A-9a-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. Enacted by Chapter 252, 2000 General Session
70A-9a-607. Collection and enforcement by secured party. (1) If so agreed, and in any event after default, a secured party: (a) may notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; (b) may take any proceeds to which […]
70A-9a-608. Application of proceeds of collection or enforcement — Liability for deficiency and right to surplus. (1) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section […]
70A-9a-609. Secured party’s right to take possession after default. (1) After default, a secured party: (a) may take possession of the collateral; and (b) without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under Section 70A-9a-610. (2) A secured party may proceed under Subsection (1): (a) pursuant to judicial process; […]
70A-9a-610. Disposition of collateral after default. (1) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (2) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, […]
70A-9a-611. Notification before disposition of collateral. (1) In this section, “notification date” means the earlier of the date on which: (a) a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or (b) the debtor and any secondary obligor waive the right to notification. (2) Except as otherwise provided […]
70A-9a-612. Timeliness of notification before disposition of collateral. (1) Except as otherwise provided in Subsection (2), whether a notification is sent within a reasonable time is a question of fact. (2) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time […]
70A-9a-613. Contents and form of notification before disposition of collateral — General. Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (a) describes the debtor and the secured party; (b) describes the collateral that is the subject of the intended disposition; (c) […]
70A-9a-614. Contents and form of notification before disposition of collateral — Consumer-goods transaction. In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (a) the information specified in Subsection 70A-9a-613(1); (b) a description of any liability for a deficiency of the person to which the notification is […]
70A-9a-615. Application of proceeds of disposition — Liability for deficiency and right to surplus. (1) A secured party shall apply or pay over for application the cash proceeds of disposition under Section 70A-9a-610 in the following order to: (a) the reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent […]
70A-9a-616. Explanation of calculation of surplus or deficiency. (1) In this section: (a) “Explanation” means a writing that: (i) states the amount of the surplus or deficiency; (ii) provides an explanation in accordance with Subsection (3) of how the secured party calculated the surplus or deficiency; (iii) states, if applicable, that future debits, credits, charges, […]
70A-9a-617. Rights of transferee of collateral. (1) A secured party’s disposition of collateral after default: (a) transfers to a transferee for value all of the debtor’s rights in the collateral; (b) discharges the security interest under which the disposition is made; and (c) discharges any subordinate security interest or other subordinate lien. (2) A transferee […]
70A-9a-618. Rights and duties of certain secondary obligors. (1) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (a) receives an assignment of a secured obligation from the secured party; (b) receives a transfer of collateral from the secured party and agrees to […]
70A-9a-619. Transfer of record or legal title. (1) In this section, “transfer statement” means a record authenticated by a secured party stating: (a) that the debtor has defaulted in connection with an obligation secured by specified collateral; (b) that the secured party has exercised its post-default remedies with respect to the collateral; (c) that, by […]
70A-9a-620. Acceptance of collateral in full or partial satisfaction of obligation — Compulsory disposition of collateral. (1) Except as otherwise provided in Subsection (7), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (a) the debtor consents to the acceptance under Subsection (3); (b) the secured […]
