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Session Laws, 1999
Volume 796, Page 2123   View pdf image
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9-610. DISPOSITION OF COLLATERAL AFTER DEFAULT.

(A) 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.

(B) EVERY ASPECT OF A DISPOSITION OF COLLATERAL, INCLUDING THE
METHOD, MANNER, TIME, PLACE, AND OTHER TERMS, MUST BE COMMERCIALLY
REASONABLE. IF COMMERCIALLY REASONABLE, A SECURED PARTY MAY DISPOSE OF
COLLATERAL BY PUBLIC OR PRIVATE PROCEEDINGS, BY ONE OR MORE CONTRACTS,
AS A UNIT OR IN PARCELS, AND AT ANY TIME AND PLACE AND ON ANY TERMS.

(C) A SECURED PARTY MAY PURCHASE COLLATERAL:

(1) AT A PUBLIC DISPOSITION; OR

(2) AT A PRIVATE DISPOSITION ONLY IF THE COLLATERAL IS OF A KIND
THAT IS CUSTOMARILY SOLD ON A RECOGNIZED MARKET OR THE SUBJECT OF
WIDELY DISTRIBUTED STANDARD PRICE QUOTATIONS.

(D) A CONTRACT FOR SALE, LEASE, LICENSE, OR OTHER DISPOSITION
INCLUDES THE WARRANTIES RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT,
AND THE LIKE WHICH BY OPERATION OF LAW ACCOMPANY A VOLUNTARY
DISPOSITION OF PROPERTY OF THE KIND SUBJECT TO THE CONTRACT.

(E) A SECURED PARTY MAY DISCLAIM OR MODIFY WARRANTIES UNDER
SUBSECTION (D):

(1) IN A MANNER THAT WOULD BE EFFECTIVE TO DISCLAIM OR MODIFY
THE WARRANTIES IN A VOLUNTARY DISPOSITION OF PROPERTY OF THE KIND
SUBJECT TO THE CONTRACT OF DISPOSITION; OR

(2) BY COMMUNICATING TO THE PURCHASER A RECORD EVIDENCING
THE CONTRACT FOR DISPOSITION AND INCLUDING AN EXPRESS DISCLAIMER OR
MODIFICATION OF THE WARRANTIES.

(F) A RECORD IS SUFFICIENT TO DISCLAIM WARRANTIES UNDER SUBSECTION
(E) IF IT INDICATES "THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION,
QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION" OR USES WORDS OF SIMILAR
IMPORT.

9-611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

(A) IN THIS SECTION, "NOTIFICATION DATE" MEANS THE EARLIER OF THE
DATE ON WHICH:

(1) A SECURED PARTY SENDS TO THE DEBTOR AND ANY SECONDARY
OBLIGOR AN AUTHENTICATED NOTIFICATION OF DISPOSITION; OR

(2) THE DEBTOR AND ANY SECONDARY OBLIGOR WAIVE THE RIGHT TO
NOTIFICATION.

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Session Laws, 1999
Volume 796, Page 2123   View pdf image
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