84-9-613. Contents and form of notification before disposition of collateral; general.
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84-9-613. 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)states the method of intended disposition;
(D)states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(E)states the time and place of a public disposition or the time after which any other disposition is to be made.
(2)Whether the contents of a notification that lacks any of the information specified in paragraph
(1)are nevertheless sufficient is a question of fact.
(3)The contents of a notification providing substantially the information specified in paragraph
(1)are sufficient, even if the notification includes:
(A)Information not specified by that paragraph; or
(B)minor errors that are not seriously misleading.
(4)A particular phrasing of the notification is not required.
(5)The following form of notification and the form appearing in K.S.A. 2025 Supp. 84-9-614
(3)and amendments thereto, when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To:
Name of debtor, obligor, or other person to which the notification is sent
From:
Name, address, and telephone number of secured party
Name of Debtor(s):
Include only if debtor(s) are not an addressee
For a public disposition:
We will sell [or lease or license, as applicable ] the describe collateral [to the highest qualified bidder] in public as follows:
Day and Date:
Time:
Place:
For a private disposition:
We will sell [or lease or license, as applicable ] the describe collateral privately sometime after; [ day and date ].
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable ] [for a charge of $______]. You may request an accounting by calling us at [ telephone number ].