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Session Laws, 1982
Volume 742, Page 3867   View pdf image
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HARRY HUGHES, Governor

3867

(1)  THE RIGHT OF THE BORROWER TO REDEEM THE
GOODS, AND THE AMOUNT PAYABLE FOR THEM;

(2) THE RIGHTS OF THE BORROWER AS TO A RESALE,
AND HIS LIABILITY FOR A DEFICIENCY; AND

(3) THE EXACT LOCATION WHERE THE GOODS ARE
STORED AND THE ADDRESS WHERE ANY PAYMENT IS TO BE MADE OR
NOTICE DELIVERED.

(F) FOR 15 DAYS AFTER THE LENDER GIVES THE NOTICE
REQUIRED BY SUBSECTION (E) OF THIS SECTION, THE LENDER SHALL
RETAIN ANY REPOSSESSED GOODS.

(G) DURING THE PERIOD PROVIDED FOR IN SUBSECTION (F)
OF THIS SECTION, THE BORROWER MAY:

(1) REDEEM AND TAKE POSSESSION OF THE GOODS; AND

(2) RESUME THE PERFORMANCE OF THE AGREEMENT.
(H) TO REDEEM THE GOODS, THE BORROWER SHALL:

(1) TENDER THE AMOUNT DUE UNDER THE AGREEMENT AT
THE TIME OF REDEMPTION, WITHOUT GIVING EFFECT TO ANY
PROVISION WHICH ALLOWS ACCELERATION OF ANY INSTALLMENT
OTHERWISE PAYABLE AFTER THAT TIME;

(2) TENDER PERFORMANCE OF ANY OTHER PROMISE FOR
THE BREACH OF WHICH THE GOODS WERE REPOSSESSED; AND

(3) IF THE DISCRETIONARY NOTICE PROVIDED FOR IN
SUBSECTION (C) OF THIS SECTION WAS GIVEN, PAY THE ACTUAL AND
REASONABLE EXPENSES OF RETAKING AND STORING THE GOODS.

(I) THIS SECTION DOES NOT APPLY IF THE BORROWER WAS
GUILTY OF FRAUDULENT CONDUCT, INTENTIONALLY AND WRONGFULLY
CONCEALED, REMOVED, DAMAGED, OR DESTROYED THE GOODS, OR
ATTEMPTED TO DO SO, AND THE GOODS WERE REPOSSESSED BECAUSE
OF THAT CONDUCT.

(J) THE LENDER SHALL SELL THE REPOSSESSED GOODS AT
PUBLIC AUCTION. AT LEAST 10 DAYS BEFORE THE SALE, THE
LENDER SHALL NOTIFY THE BORROWER IN WRITING SENT BY
REGISTERED OR CERTIFIED MAIL SENT TO HIS LAST KNOWN ADDRESS
OF THE TIME AND PLACE OF SALE.

(K) (1) THE PROVISIONS OF THIS SUBSECTION APPLY TO A
PUBLIC SALE OF GOODS WHICH SECURED A LOAN IN EXCESS OF
$2,000 AT THE TIME THE LOAN WAS MADE.

(2) THE PROCEEDS OF A SALE TO WHICH THIS
SUBSECTION APPLIES SHALL BE APPLIED, IN THE FOLLOWING ORDER,
TO:

 

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Session Laws, 1982
Volume 742, Page 3867   View pdf image
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