reglab/housing_qa huggingface dataset:
ID Code § 28-9-522 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 5 - FILING|Section 28-9-522 - MAINTENANCE AND DESTRUCTION OF RECORDS.

28-9-522. MAINTENANCE AND DESTRUCTION OF RECORDS. (a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one (1) year after the effectiveness of the financing statement has lapsed under section 28-9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. (b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a) of this section.  History: [28-9-522, added 2001, ch. 208, sec. 2, p. 777.]
ID Code § 28-9-524 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 5 - FILING|Section 28-9-524 - DELAY BY FILING OFFICE.

28-9-524. DELAY BY FILING OFFICE. Delay by the filing office beyond a time limit prescribed by this part is excused if: (1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and (2) The filing office exercises reasonable diligence under the circumstances.  History: [28-9-524, added 2001, ch. 208, sec. 2, p. 778.]
ID Code § 28-9-525 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 5 - FILING|Section 28-9-525 - FEES.

28-9-525. FEES. (a) Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in section 28-9-502(c), is: (1) Six dollars ($6.00) if the record is communicated in writing and consists of one (1) or two (2) pages; (2) Twelve dollars ($12.00) if the record is communicated in writing and consists of more than two (2) pages; and (3) Three dollars ($3.00) if the record is communicated by another medium authorized by filing office rule. (b) Except as otherwise provided in subsection (e) of this section, the fee for filing and indexing an initial financing statement of the kind described in section 28-9-502(c) is the amount specified in subsection (c) of this section, if applicable. (c) The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b) of this section. (d) The fee for responding to a request for information from the filing office, including for issuing a certificate showing whether there is on file any financing statement naming a particular debtor, is twelve dollars ($12.00). (e) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under section 28-9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply. (f) The secretary of state shall, by administrative rule, establish a fee schedule for filing and indexing and other matters relating to filing of financing statements covering farm products and for public access to the secretary of state’s files which are open to public inspection. A secured party shall provide an itemization of fees paid by the secured party for filing, searches or other matters related to filing of financing statements covering farm products pertaining to that debtor.  History: [28-9-525, added 2001, ch. 208, sec. 2, p. 779.]
ID Code § 28-9-526 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 5 - FILING|Section 28-9-526 - FILING OFFICE RULES.

28-9-526. FILING OFFICE RULES. (a) The secretary of state shall promulgate rules to implement this chapter. The filing office rules must be: (1) Consistent with this chapter; and (2) Promulgated in accordance with the administrative procedure act, chapter 52, title 67, Idaho Code. (b) To keep the filing office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the secretary of state, so far as is consistent with the purposes, policies and provisions of this chapter, in adopting, amending and repealing filing office rules, shall: (1) Consult with filing offices in other jurisdictions that enact substantially this part; and (2) Consult the most recent version of the model rules promulgated by the international association of corporate administrators or any successor organization; and (3) Take into consideration the rules and practices of, and the technology used by, filing offices in other jurisdictions that enact substantially this part.  History: [28-9-526, added 2001, ch. 208, sec. 2, p. 779.]
ID Code § 28-9-601 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-601 - RIGHTS AFTER DEFAULT — JUDICIAL ENFORCEMENT — CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES OR PROMISSORY NOTES.

28-9-601. RIGHTS AFTER DEFAULT — JUDICIAL ENFORCEMENT — CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES OR PROMISSORY NOTES. (a) After default, a secured party has the rights provided in this part and, except as otherwise provided in section 28-9-602, those provided by agreement of the parties. A secured party: (1) May reduce a claim to judgment, foreclose or otherwise enforce the claim, security interest or agricultural lien by any available judicial procedure; and (2) If the collateral is documents, may proceed either as to the documents or as to the goods they cover. (b) A secured party in possession of collateral or control of collateral under section 28-7-106, 28-9-104, 28-9-105, 28-9-106 or 28-9-107 has the rights and duties provided in section 28-9-207. (c) The rights under subsections (a) and (b) of this section are cumulative and may be exercised simultaneously. (d) Except as otherwise provided in subsection (g) of this section and section 28-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties. (e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of: (1) The date of perfection of the security interest or agricultural lien in the collateral; (2) The date of filing a financing statement covering the collateral; or (3) Any date specified in a statute under which the agricultural lien was created. (f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter. (g) Except as otherwise provided in section 28-9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.  History: [28-9-601, added 2001, ch. 208, sec. 2, p. 780; am. 2004, ch. 42, sec. 32, p. 133.]
ID Code § 28-9-602 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-602 - WAIVER AND VARIANCE OF RIGHTS AND DUTIES.

28-9-602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES. Except as otherwise provided in section 28-9-624, 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) Section 28-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party; (2) Section 28-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account; (3) Section 28-9-607(c), which deals with collection and enforcement of collateral; (4) Sections 28-9-608(a) and 28-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition; (5) Sections 28-9-608(a) and 28-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral; (6) Section 28-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace; (7) Sections 28-9-610(b), 28-9-611, 28-9-613 and 28-9-614, which deal with disposition of collateral; (8) Section 28-9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor; (9) Section 28-9-616, which deals with explanation of the calculation of a surplus or deficiency; (10) Sections 28-9-620, 28-9-621 and 28-9-622, which deal with acceptance of collateral in satisfaction of obligation; (11) Section 28-9-623, which deals with redemption of collateral; (12) Section 28-9-624, which deals with permissible waivers; and (13) Sections 28-9-625 and 28-9-626, which deal with the secured party’s liability for failure to comply with this chapter.  History: [28-9-602, added 2001, ch. 208, sec. 2, p. 780.]
ID Code § 28-9-603 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-603 - AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.

28-9-603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES. (a) 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 28-9-602 if the standards are not manifestly unreasonable. (b) Subsection (a) of this section does not apply to the duty under section 28-9-609 to refrain from breaching the peace.  History: [28-9-603, added 2001, ch. 208, sec. 2, p. 781.]
ID Code § 28-9-604 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-604 - PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.

28-9-604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES. (a) If a security agreement covers both personal and real property, a secured party may proceed: (1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply. (b) Subject to subsection (c) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed: (1) Under this part; or (2) In accordance with the rights with respect to real property, in which case the other provisions of this part do not apply. (c) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property. (d) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.  History: [28-9-604, added 2001, ch. 208, sec. 2, p. 781.]
ID Code § 28-9-605 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-605 - UNKNOWN DEBTOR OR SECONDARY OBLIGOR.

28-9-605. 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 communicate with the person; or (2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (A) That the person is a debtor; and (B) The identity of the person.  History: [28-9-605, added 2001, ch. 208, sec. 2, p. 782.]
ID Code § 28-9-606 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-606 - TIME OF DEFAULT FOR AGRICULTURAL LIEN.

28-9-606. 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.  History: [28-9-606, added 2001, ch. 208, sec. 2, p. 782.]
ID Code § 28-9-607 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-607 - COLLECTION AND ENFORCEMENT BY SECURED PARTY.

28-9-607. COLLECTION AND ENFORCEMENT BY SECURED PARTY. (a) If so agreed, and in any event after default, a secured party: (1) 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; (2) May take any proceeds to which the secured party is entitled under section 28-9-315, Idaho Code; (3) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral; (4) If it holds a security interest in a deposit account perfected by control under section 28-9-104(a)(1), Idaho Code, may apply the balance of the deposit account to the obligation secured by the deposit account; and (5) If it holds a security interest in a deposit account perfected by control under section 28-9-104(a)(2) or (3), Idaho Code, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party. (b) If necessary to enable a secured party to exercise, under subsection (a)(3) of this section, the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded: (1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and (2) The secured party’s sworn affidavit in recordable form stating that: (A) a default has occurred with respect to the obligation secured by the mortgage; and (B) the secured party is entitled to enforce the mortgage nonjudicially. (c) A secured party shall proceed in a commercially reasonable manner if the secured party: (1) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor. (d) A secured party may deduct from the collections made pursuant to subsection (c) of this section reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party. (e) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.  History: [28-9-607, added 2001, ch. 208, sec. 2, p. 782; am. 2012, ch. 145, sec. 19, p. 409.]
ID Code § 28-9-608 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-608 - APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT — LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

28-9-608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT — LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS. (a) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 28-9-607 in the following order to: (A) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by the secured party; (B) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and (C) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed. (2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder’s demand under subsection (1)(C) of this section. (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under section 28-9-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner. (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency. (b) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.  History: [28-9-608, added 2001, ch. 208, sec. 2, p. 783.]
ID Code § 28-9-609 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-609 - SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

28-9-609. SECURED PARTY’S RIGHT TO TAKE POSSESSION AFTER DEFAULT. (a) After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under section 28-9-610. (b) A secured party may proceed under subsection (a) of this section: (1) Pursuant to judicial process; or (2) Without judicial process, if it proceeds without breach of the peace. (c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.  History: [28-9-609, added 2001, ch. 208, sec. 2, p. 784.]
ID Code § 28-9-610 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-610 - DISPOSITION OF COLLATERAL AFTER DEFAULT.

28-9-610. 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 (1) 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) of this section: (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) of this section 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.  History: [28-9-610, added 2001, ch. 208, sec. 2, p. 784.]