reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:9-525 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-525 Fees.

  §490:9-525 Fees. (a) Except as otherwise provided in subsection (e), the fee for filing and indexing a record under this part, other than an initial financing statement of the kind described in section 490:9-502(c), shall be as specified by rules adopted under section 502-25 by the department of land and natural resources pursuant to chapter 91.  (b) Except as otherwise provided in subsection (e), the fee for filing and indexing an initial financing statement of the kind described in section 490:9-502(c) shall be as specified by rules adopted under section 502-25 by the department of land and natural resources pursuant to chapter 91.  (c) The number of names required to be indexed does not affect the amount of the fee in subsections (a) and (b).  (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 shall be as specified by rules adopted under section 502-25 by the department of land and natural resources pursuant to chapter 91.  (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 490:9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-526 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-526 Filing-office rules.

  §490:9-526 Filing-office rules. (a) The department of land and natural resources shall adopt and publish rules to implement this article. The filing-office rules must be:  (1) Consistent with this article; and  (2) Adopted and published in accordance with chapter 91.  (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 filing office, so far as is consistent with the purposes, policies, and provisions of this article, 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-527 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-527 Duty to report.

  §490:9-527 Duty to report. The department of land and natural resources shall report annually, twenty days before the convening of each regular session of the legislature, to the governor and the legislature on the operation of the filing office. The report must contain a statement of the extent to which:  (1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and  (2) The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-601 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

  §490:9-601 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 490:9-602, 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 490:7-106, 490:9-104, 490:9-105, 490:9-106, or 490:9-107 has the rights and duties provided in section 490:9-207.  (c) The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.  (d) Except as otherwise provided in subsection (g) and section 490:9-605, 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 article.  (g) Except as otherwise provided in section 490:9-607(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. [L 2000, c 241, pt of §1; am L 2004, c 163, §33]
HI Rev Stat § 490:9-602 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-602 Waiver and variance of rights and duties.

  §490:9-602 Waiver and variance of rights and duties. Except as otherwise provided in section 490:9-624, 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 490:9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;  (2) Section 490:9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;  (3) Section 490:9-607(c), which deals with collection and enforcement of collateral;  (4) Sections 490:9-608(a) and 490:9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;  (5) Sections 490:9-608(a) and 490:9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;  (6) Section 490:9-609 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 490:9-610(b), 490:9-611, 490:9-613, and 490:9-614, which deal with disposition of collateral;  (8) Section 490:9-615(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 490:9-616, which deals with explanation of the calculation of a surplus or deficiency;  (10) Sections 490:9-620, 490:9-621, and 490:9-622, which deal with acceptance of collateral in satisfaction of obligation;  (11) Section 490:9-623, which deals with redemption of collateral;  (12) Section 490:9-624, which deals with permissible waivers; and  (13) Sections 490:9-625 and 490:9-626, which deal with the secured party's liability for failure to comply with this article. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-603 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-603 Agreement on standards concerning rights and duties.

  §490:9-603 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 490:9-602 if the standards are not manifestly unreasonable.  (b) Subsection (a) does not apply to the duty under section 490:9-609 to refrain from breaching the peace. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-604 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-604 Procedure if security agreement covers real property or fixtures.

  §490:9-604 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), 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-605 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-605 Unknown debtor or secondary obligor.

  §490:9-605 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-606 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-606 Time of default for agricultural lien.

  §490:9-606 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-607 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-607 Collection and enforcement by secured party.

  §490:9-607 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 490:9-315;  (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 490:9-104(a)(1), 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 490:9-104(a)(2) or (3), 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) 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) 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. [L 2000, c 241, pt of §1; am L 2012, c 33, §18]
HI Rev Stat § 490:9-608 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

  §490:9-608 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 490:9-607 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 paragraph (1)(C).  (3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under section 490:9-607 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. [L 2000, c 241, pt of §1; am L 2001, c 228, §8]
HI Rev Stat § 490:9-609 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-609 Secured party's right to take possession after default.

  §490:9-609 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 490:9-610.  (b) A secured party may proceed under subsection (a):  (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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-610 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-610 Disposition of collateral after default.

  §490:9-610 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-611 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-611 Notification before disposition of collateral.

  §490:9-611 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.  (b) Except as otherwise provided in subsection (d), a secured party that disposes of collateral under section 490:9-610 shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.  (c) To comply with subsection (b), the secured party shall send an authenticated notification of disposition to:  (1) The debtor;  (2) Any secondary obligor; and  (3) If the collateral is other than consumer goods:  (A) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;  (B) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:  (i) Identified the collateral;  (ii) Was indexed under the debtor's name as of that date; and  (iii) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and  (C) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in section 490:9-311(a).  (d) Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.  (e) A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:  (1) Not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (c)(3)(B); and  (2) Before the notification date, the secured party:  (A) Did not receive a response to the request for information; or  (B) Received a response to the request for information and sent an authenticated notification of disposition to each secured party named in that response whose financing statement covered the collateral. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-612 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-612 Timeliness of notification before disposition of collateral.

  §490:9-612 Timeliness of notification before disposition of collateral. (a) Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.  (b) In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition. [L 2000, c 241, pt of §1]