South Dakota
Title 57 · Chapter 57-9
166 entries
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57A-9-101. Short title.
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57A-9-102. Definitions and index of definitions.
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57A-9-103. Purchase money security interest--Application of payments--Burden of establishing nature of interest.
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57A-9-104. Control of deposit account.
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57A-9-105. Control of electronic copy of record evidencing chattel paper.
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57A-9-105.1. Control of electronic money.
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57A-9-106. Control of security, security settlement, or commodity contract.
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57A-9-107. Control of letter-of-credit right.
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57A-9-107.1. Control of controllable electronic record, controllable account, or controllable payment intangible.
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57A-9-107.2. No requirement to acknowledge or confirm--No duties.
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57A-9-108. Sufficiency of description of property.
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57A-9-109. Application of chapter.
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57A-9-110. Provisions governing security interests arising under other sections.
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57A-9-111. 57A-9-111. Repealed by SL 1993, ch 356, § 1
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57A-9-201. Effectiveness of security interest in general--Applicability of other laws--Conflict of law.
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57A-9-202. Immateriality of title to collateral.
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57A-9-203. Attachment and enforceability of security interest--Proceeds--Supporting obligations--Formal requisites.
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57A-9-204. After-acquired property--Future advances.
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57A-9-204.1. Attachment of security interest in transactions entered into between June 30, 1978, and July 1, 1979.
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57A-9-205. Effect of debtor's right to use or dispose of collateral--Requirement of possession.
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57A-9-206. Interest in favor of securities intermediary--Interest in favor of person who delivers financial asset.
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57A-9-207. Rights and duties of secured party having possession or control of collateral.
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57A-9-208. Additional duties of secured party having control of collateral.
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57A-9-209. Duties of secured party if account debtor has been notified of assignment.
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57A-9-210. Request for accounting--Request regarding list of collateral or statement of account.
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57A-9-301. Law governing perfection and priority of security interests.
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57A-9-302. Law governing perfection and priority issues relating to farm products.
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57A-9-303. Law governing perfection and priority issues relating to goods covered by a certificate of title.
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57A-9-304. Law governing perfection and priority of security interests in deposit accounts.
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57A-9-305. Law governing perfection and priority of security interests in investment property.
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57A-9-306. Law governing issues of perfection and priority relating to letter-of-credit rights.
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57A-9-306.1. Law governing perfection and priority of security interests in chattel paper.
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57A-9-306.2. Law governing perfection and priority of security interests in controllable accounts, controllable electronic records, and controllable payment intangibles.
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57A-9-307. Location of debtor.
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57A-9-308. What constitutes perfection of security interest or agricultural lien.
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57A-9-309. Security interests that are perfected when they attach.
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57A-9-310. When filing required to perfect security interest or agricultural lien--Security interests and agricultural liens to which filing provisions do not apply.
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57A-9-311. Perfection of security interests in property subject to certain statutes, regulations, and treaties.
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57A-9-312. Perfection of security interests in chattel paper, controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, negotiable documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money--Perfection by permissive filing--Temporary perfection without filing or transfer of possession.
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57A-9-313. When possession by or delivery to secured party perfects security interest without filing.
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57A-9-314. Perfection by control.
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57A-9-314.1. Perfection by possession and control of chattel paper.
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57A-9-315. Effect of disposition of collateral on security interest or agricultural lien--Interest in proceeds.
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57A-9-316. Continued perfection of security interest following change in governing law.
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57A-9-317. Interests that take priority over or take free of security interests or agricultural lien.
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57A-9-318. Effect of sale of collateral on rights of debtor.
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57A-9-319. Rights of consignee in relation to creditors and purchasers.
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57A-9-320. Rights of buyer in ordinary course of business--Buyer of goods from seller who bought or used them for personal or household use.
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57A-9-321. "Licensee in ordinary course of business"--Rights with respect to security interest--Rights of lessee in ordinary course of business.
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57A-9-322. Priority among conflicting security interests and agricultural liens in same collateral.
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57A-9-323. Future advances.
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57A-9-324. Priority of purchase-money security interests.
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57A-9-325. Subordination of security interest created by debtor to security interest created by another person.
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57A-9-326. Subordination of security interest created by new debtor.
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57A-9-326.1. Priority of security interest in controllable account, controllable electronic record, and controllable payment intangible.
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57A-9-327. Priority among conflicting security interests in same deposit account.
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57A-9-328. Priority among conflicting security interests in same investment property.
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57A-9-329. Priority among conflicting security interests in same letter-of-credit right.
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57A-9-330. Priority of purchaser of chattel paper or instrument.
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57A-9-331. Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other chapters--Priority of interests in financial assets and security entitlements and protection against assertion of claim under chapters 57A-8 and 57A-12.
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57A-9-332. Transferee of money or funds from deposit account.
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57A-9-333. "Possessory lien"--Priority over security interest.
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57A-9-334. Priority of security interests in fixtures and crops.
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57A-9-335. Security interest in accession--Collateral that becomes an accession.
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57A-9-336. "Commingled goods"--Security interest and priority issues with respect to commingled goods.
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57A-9-337. Certificate of title failing to show security interest perfected under another jurisdiction's law.
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57A-9-338. Effect of inaccurate financing statement on security interest or agricultural lien.
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57A-9-339. Subordination by agreement.
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57A-9-340. Bank's right of recoupment or setoff against party holding security interest in deposit account.
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57A-9-341. Bank's rights and duties with respect to deposit account.
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57A-9-342. Bank's right with respect to agreement giving secured party control of deposit account.
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57A-9-401. Transferability of debtor's rights.
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57A-9-401.1. 57A-9-401.1. Repealed by SL 1980, ch 346, § 7
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57A-9-402. Secured party's liability for debtor's acts or omissions.
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57A-9-403. "Value"--Agreement not to assert claims or defenses against assignee.
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57A-9-403.1. 57A-9-403.1 to 57A-9-403.5. Repealed by SL 1982, ch 347, §§ 39 to 43
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57A-9-404. Rights acquired by assignee--Claims and defenses against assignee.
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57A-9-405. Effect of modification or substitution of assigned contract.
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57A-9-406. Discharge of account debtor--Notification of assignment--Identification and proof of assignment--Restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
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57A-9-407. Ineffective prohibitions or restrictions in lease agreement.
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57A-9-408. Restrictions on assignment of promissory notes, health care insurance receivables, and certain general intangibles ineffective.
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57A-9-409. Ineffective restrictions on assignment or creation of security interest in letter-of-credit right.
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57A-9-501. Office for filing financing statement for security interest or agricultural lien.
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57A-9-501.1. Validation of noncomplying statements.
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57A-9-501.2. Secured party access through state's computer to record liens on real property--Rules.
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57A-9-502. Contents of financing statement--Record of mortgage as financing statement--Time of filing financing statement.
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57A-9-503. Name of debtor and secured party.
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57A-9-504. Sufficiency of description of collateral.
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57A-9-505. Filing by bailor of goods, licensor, or buyer of payment intangible or promissory note.
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57A-9-506. Substantial compliance with requirements.
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57A-9-507. Continuing effectiveness of filed financing statement.
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57A-9-508. Effect of new debtor's rights in collateral.
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57A-9-509. Persons entitled to file a record.
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57A-9-510. Effectiveness of filed record.
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57A-9-511. Person constituting secured party of record.
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57A-9-512. Procedure for amending financing statement--Effectiveness.
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57A-9-513. Termination statement.
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57A-9-514. Assignment of secured party's power to authorize amendment--Assignment of record of security's interest in fixture.
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57A-9-515. Effective period for filed financing statement--Effect of lapse.
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57A-9-516. What constitutes filing--Refusal to accept for filing--Effect.
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57A-9-517. Effect of incorrect indexing of record.
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57A-9-518. Information statement regarding record.
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57A-9-519. Duties of filing office in dealing with records.
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57A-9-520. Refusal by filing office to accept record.
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57A-9-521. Forms for financing statement, amendment to statement, and addendum for either.
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57A-9-522. Required retention of information from financing statement--Destruction of written record.
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57A-9-523. Acknowledgment of filing--Information to be communicated from records on request--Sale or licensing of records.
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57A-9-524. Excuses for filing office failure to meet time limits.
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57A-9-525. Fees for filing and indexing records.
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57A-9-525.1. Effect of filing with register of deeds prior to July 1, 1986--Continuation or amendment thereof.
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57A-9-525.2. Central filing system--Promulgation of regulations.
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57A-9-525.3. Central agricultural security interest filing system--Adoption of rules.
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57A-9-525.4. Fee for crop or livestock effective finance statement microfiche master list.
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57A-9-526. Rules and practices for filing offices.
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57A-9-527. Financing statement and annual report filing fee fund.
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57A-9-528. Financing statement and annual report filing fee fund--Fees deposited.
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57A-9-529. Financing statement and annual report filing fee fund--Excess balance reverted.
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57A-9-530. Combined financing statement for farm products.
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57A-9-601. Rights after default--Judicial enforcement--Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
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57A-9-602. Waiver or variance of rules by debtor or obligor.
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57A-9-603. Agreement on standards for fulfilling rights and duties.
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57A-9-604. Procedure if obligation secured by security interest in personal property or fixtures is also secured by interest in real property.
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57A-9-605. Unknown debtor or secondary obligor.
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57A-9-606. Time of default in connection with agricultural lien.
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57A-9-607. Collection and enforcement by secured party.
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57A-9-608. Application of proceeds of collection or enforcement--Liability for deficiency and right to surplus.
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57A-9-609. Secured party's rights with respect to collateral following default.
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57A-9-609.1. Action for recovery of security by creditor against third party purchaser of farm products--Limitation period--Offer to file criminal complaint.
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57A-9-609.2. Farm products fraud--Misdemeanor.
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57A-9-610. Disposition of collateral after default--Treatment of warranties.
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57A-9-611. "Notification date"--Notification of disposition of collateral.
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57A-9-612. Reasonable time for sending notification.
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57A-9-613. Contents and form of notification before disposition of collateral--General.
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57A-9-614. Contents and form of notification before disposition of collateral--Consumer-goods transaction.
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57A-9-615. Application of proceeds of disposition--Liability for deficiency and right to surplus.
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57A-9-616. Explanation of calculation of surplus or deficiency.
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57A-9-617. Rights of transferee of collateral disposed of after default.
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57A-9-618. Rights and duties of secondary obligor.
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57A-9-619. Transfer of record or legal title.
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57A-9-620. Acceptance of collateral in full or partial satisfaction of obligation--Compulsory disposition of collateral.
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57A-9-621. Notification of proposal to accept collateral.
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57A-9-622. Effect of acceptance of collateral.
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57A-9-623. Persons who may redeem collateral--Procedure.
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57A-9-624. Waiver.
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57A-9-625. Sanctions for failure to proceed in accordance with chapter--Liability for damages.
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57A-9-626. Action in which amount of deficiency or surplus is in issue.
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57A-9-627. What constitutes commercially reasonable collection, enforcement, disposition, or acceptance.
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57A-9-628. Nonliability and limitation on liability of secured party--Liability of secondary obligor.
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57A-9-701. Effective date of chapter.
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57A-9-702. Effect of chapter on transactions or liens entered into or created before July 1, 2001--Effect on actions, cases, or proceedings.
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57A-9-703. Effect of division on security interests enforceable before July 1, 2001.
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57A-9-704. Enforceability and perfection of security interest enforceable immediately prior to July 1, 2001, and subordinate to lien creditor.
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57A-9-705. Effect of certain actions prior to July 1, 2001.
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57A-9-706. Conditions to continuing effectiveness of financing statement filed before July 1, 2001.
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57A-9-707. Pre-effective-date financing statement--Amendment, continuation, termination.
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57A-9-708. Conditions to filing initial financing statement or continuation statement under part.
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57A-9-709. Determination of priority of conflicting claims to collateral--Dating priority of security interest.
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57A-9-801. Effective date of SL 2012, ch 238.
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57A-9-802. Savings clause.
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57A-9-803. Security interest perfected before effective date.
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57A-9-804. Security interest unperfected before effective date.
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57A-9-805. Effectiveness of action taken before effective date.
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57A-9-806. When initial financing statement suffices to continue effectiveness of financing statement.
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57A-9-807. Amendment of pre-effective-date financing statement.
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57A-9-808. Person entitled to file initial financing statement or continuation statement.
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57A-9-809. Priority.