reglab/housing_qa huggingface dataset:
MT Code § 30-9A-602 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-602. Waiver and variance of rights and duties

  30-9A-602. Waiver and variance of rights and duties. Except as provided in 30-9A-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) 30-9A-207(2)(d)(iii), which deals with use and operation of the collateral by the secured party;   (2) 30-9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;   (3) 30-9A-607(3), which deals with collection and enforcement of collateral;   (4) 30-9A-608(1) and 30-9A-615(3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;   (5) 30-9A-608(1) and 30-9A-615(4) to the extent that they require accounting for or payment of surplus proceeds of collateral;   (6) 30-9A-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) 30-9A-610(2), 30-9A-611, 30-9A-613, and 30-9A-614, which deal with disposition of collateral;   (8) 30-9A-615(6), 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) 30-9A-616, which deals with explanation of the calculation of a surplus or deficiency;   (10) 30-9A-620 through 30-9A-622, which deal with acceptance of collateral in satisfaction of obligation;   (11) 30-9A-623, which deals with redemption of collateral;   (12) 30-9A-624, which deals with permissible waivers; and   (13) 30-9A-625 and 30-9A-626, which deal with the secured party's liability for failure to comply with this chapter.   History: En. Sec. 99, Ch. 305, L. 1999; Sec. 30-9-602, MCA 1999; redes. 30-9A-602 by Code Commissioner, 2001.
MT Code § 30-9A-603 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-603. Agreement on standards concerning rights and duties

  30-9A-603. Agreement on standards concerning rights and duties. (1) 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 if the standards are not manifestly unreasonable.   (2) Subsection (1) does not apply to the duty under 30-9A-609 to refrain from breaching the peace.   History: En. Sec. 100, Ch. 305, L. 1999; Sec. 30-9-603, MCA 1999; redes. 30-9A-603 by Code Commissioner, 2001.
MT Code § 30-9A-604 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-604. Procedure if security agreement covers real property or fixtures

  30-9A-604. Procedure if security agreement covers real property or fixtures. (1) If a security agreement covers both personal and real property, a secured party may proceed:   (a) under this part as to the personal property without prejudicing any rights and remedies with respect to the real property; or   (b) as to both the personal property and the real property in accordance with the rights and remedies with respect to the real property, in which case the other provisions of this part do not apply.   (2) Subject to subsection (3), if a security agreement covers goods that are or become fixtures, a secured party may proceed:   (a) under this part; or   (b) in accordance with the rights and remedies with respect to real property, in which case the other provisions of this part do not apply.   (3) 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, on default, may remove the collateral from the real property.   (4) 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: En. Sec. 101, Ch. 305, L. 1999; Sec. 30-9-604, MCA 1999; redes. 30-9A-604 by Code Commissioner, 2001.
MT Code § 30-9A-605 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-605. Unknown debtor or secondary obligor

  30-9A-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 the person unless the secured party knows:   (a) that a person is a debtor; and   (b) the identity of the person.   History: En. Sec. 102, Ch. 305, L. 1999; Sec. 30-9-605, MCA 1999; redes. 30-9A-605 by Code Commissioner, 2001.
MT Code § 30-9A-606 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-606. Time of default for agricultural lien

  30-9A-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: En. Sec. 103, Ch. 305, L. 1999; Sec. 30-9-606, MCA 1999; redes. 30-9A-606 by Code Commissioner, 2001.
MT Code § 30-9A-607 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-607. Collection and enforcement by secured party

  30-9A-607. Collection and enforcement by secured party. (1) If so agreed, and in any event on default, a secured party:   (a) 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;   (b) may take any proceeds to which the secured party is entitled under 30-9A-315;   (c) may enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights and remedies 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;   (d) if it holds a security interest in a deposit account perfected by control under 30-9A-104(1)(a), may apply the balance of the deposit account to the obligation secured by the deposit account; and   (e) if it holds a security interest in a deposit account perfected by control under 30-9A-104(1)(b) or (1)(c), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.   (2) If necessary to enable a secured party to exercise under subsection (1)(c) the right of a debtor to enforce nonjudicially any mortgage, the secured party may record in the office in which the mortgage is recorded:   (a) a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and   (b) the secured party's sworn affidavit in recordable form stating that:   (i) a default has occurred with respect to the obligation secured by the mortgage; and   (ii) the secured party is entitled to enforce the mortgage nonjudicially.   (3) A secured party shall proceed in a commercially reasonable manner if the secured party:   (a) undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and   (b) is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.   (4) A secured party may deduct from the collections made pursuant to subsection (3) reasonable expenses of collection and enforcement, including reasonable attorneys fees and legal expenses incurred by the secured party.   (5) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.   History: En. Sec. 104, Ch. 305, L. 1999; Sec. 30-9-607, MCA 1999; redes. 30-9A-607 by Code Commissioner, 2001; amd. Sec. 18, Ch. 75, L. 2013.
MT Code § 30-9A-608 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-608. Application of proceeds of collection or enforcement -- liability for deficiency and right to surplus

  30-9A-608. Application of proceeds of collection or enforcement -- liability for deficiency and right to surplus. (1) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:   (a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under 30-9A-607 in the following order to:   (i) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;   (ii) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and   (iii) 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.   (b) 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)(a)(iii).   (c) A secured party need not apply or pay over for application the noncash proceeds of collection and enforcement under 30-9A-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.   (d) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.   (2) 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: En. Sec. 105, Ch. 305, L. 1999; amd. Sec. 19, Ch. 179, L. 2001; Sec. 30-9-608, MCA 1999; redes. 30-9A-608 by Code Commissioner, 2001.
MT Code § 30-9A-609 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-609. Secured party's right to take possession after default

  30-9A-609. Secured party's right to take possession after default. (1) After default, a secured party:   (a) may take possession of the collateral; and   (b) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under 30-9A-610.   (2) A secured party may proceed under subsection (1):   (a) pursuant to judicial process; or   (b) without judicial process, if it proceeds without breach of the peace.   (3) 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 that is reasonably convenient to both parties.   History: En. Sec. 106, Ch. 305, L. 1999; Sec. 30-9-609, MCA 1999; redes. 30-9A-609 by Code Commissioner, 2001.
MT Code § 30-9A-610 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-610. Disposition of collateral after default

  30-9A-610. Disposition of collateral after default. (1) 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.   (2) 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.   (3) A secured party may purchase collateral:   (a) at a public disposition; or   (b) 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.   (4) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like that by operation of law accompany a voluntary disposition of property of the kind subject to the contract.   (5) A secured party may disclaim or modify warranties under subsection (4):   (a) 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   (b) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.   (6) A record is sufficient to disclaim warranties under subsection (5) 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: En. Sec. 107, Ch. 305, L. 1999; Sec. 30-9-610, MCA 1999; redes. 30-9A-610 by Code Commissioner, 2001.
MT Code § 30-9A-611 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-611. Notification before disposition of collateral

  30-9A-611. Notification before disposition of collateral. (1) In this section, "notification date" means the earlier of the date on which:   (a) a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or   (b) the debtor and any secondary obligor waive the right to notification.   (2) Except as otherwise provided in subsection (4), a secured party that disposes of collateral under 30-9A-610 shall send to the persons specified in subsection (3) a reasonable authenticated notification of disposition.   (3) To comply with subsection (2), the secured party shall send an authenticated notification of disposition to:   (a) the debtor;   (b) any secondary obligor; and   (c) if the collateral is other than consumer goods:   (i) 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;   (ii) any other secured party that, 10 days before the notification date, held a security interest in or agricultural lien on the collateral perfected by the filing of a financing statement that:   (A) identified the collateral;   (B) was indexed under the debtor's name as of that date; and   (C) was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and   (iii) any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in 30-9A-311(1).   (4) Subsection (2) 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.   (5) A secured party complies with the requirement for notification prescribed in subsection (3)(c)(ii) if:   (a) not later than 20 days or earlier than 30 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 (3)(c)(ii); and   (b) before the notification date, the secured party:   (i) did not receive a response to the request for information; or   (ii) received a response to the request for information and sent an authenticated notification of disposition to each secured party named in that response and whose financing statement covered the collateral.   History: En. Sec. 108, Ch. 305, L. 1999; Sec. 30-9-611, MCA 1999; redes. 30-9A-611 by Code Commissioner, 2001.
MT Code § 30-9A-612 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-612. Timeliness of notification before disposition of collateral

  30-9A-612. Timeliness of notification before disposition of collateral. (1) Except as otherwise provided in subsection (2), whether a notification is sent within a reasonable time is a question of fact.   (2) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.   History: En. Sec. 109, Ch. 305, L. 1999; Sec. 30-9-612, MCA 1999; redes. 30-9A-612 by Code Commissioner, 2001.
MT Code § 30-9A-613 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-613. Contents and form of notification before disposition of collateral -- general

  30-9A-613. Contents and form of notification before disposition of collateral -- general. (1) Except in a consumer-goods transaction, the following rules apply:   (a) The contents of a notification of disposition are sufficient if the notification:   (i) describes the debtor and the secured party;   (ii) describes the collateral that is the subject of the intended disposition;   (iii) states the method of intended disposition;   (iv) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and   (v) states the time and place of a public disposition or the time after which any other disposition is to be made.   (b) Whether the contents of a notification that lacks any of the information set forth in subsection (1) are nevertheless sufficient is a question of fact.   (c) The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes:   (i) information not specified by that subsection; or   (ii) minor errors that are not seriously misleading.   (d) A particular phrasing of the notification is not required.   (2) The following form of notification and the form appearing in 30-9A-614(3), 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]   [End of Form]   History: En. Sec. 110, Ch. 305, L. 1999; amd. Sec. 20, Ch. 179, L. 2001; Sec. 30-9-613, MCA 1999; redes. 30-9A-613 by Code Commissioner, 2001.
MT Code § 30-9A-617 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-617. Rights of transferee of collateral

  30-9A-617. Rights of transferee of collateral. (1) A secured party's disposition of collateral after default:   (a) transfers to a transferee for value all of the debtor's rights in the collateral;   (b) discharges the security interest under which the disposition is made; and   (c) discharges any subordinate security interest or other lien.   (2) A transferee that acts in good faith takes free of the rights and interests described in subsection (1), even if the secured party fails to comply with the requirements of this chapter or any judicial proceedings.   (3) If a transferee does not take free of the rights and interests described in subsection (1), the transferee takes the collateral subject to:   (a) the debtor's rights in the collateral;   (b) the security interest or agricultural lien under which the disposition is made; and   (c) any security interest or other lien.   History: En. Sec. 114, Ch. 305, L. 1999; Sec. 30-9-617, MCA 1999; redes. 30-9A-617 by Code Commissioner, 2001.
MT Code § 30-9A-618 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 6. Default|30-9A-618. Rights and duties of certain secondary obligors

  30-9A-618. Rights and duties of certain secondary obligors. (1) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:   (a) receives an assignment of a secured obligation from the secured party;   (b) receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or   (c) is subrogated to the rights of a secured party with respect to collateral.   (2) An assignment, transfer, or subrogation described in subsection (1):   (a) is not a disposition of collateral under 30-9A-610; and   (b) relieves the secured party of further duties under this chapter.   History: En. Sec. 115, Ch. 305, L. 1999; Sec. 30-9-618, MCA 1999; redes. 30-9A-618 by Code Commissioner, 2001.