reglab/housing_qa huggingface dataset:
SD Codified L § 57A-9-333 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-333 - "Possessory lien"--Priority over security interest.

57A-9-333."Possessory lien"--Priority over security interest.(a) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien:(1)Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;(2)Which is created by statute or rule of law in favor of the person; and(3)Whose effectiveness depends on the person's possession of the goods.(b) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise. Source: SL 2000, ch 231.
SD Codified L § 57A-9-335 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-335 - Security interest in accession--Collateral that becomes an accession.

57A-9-335. Security interest in accession--Collateral that becomes an accession.(a) A security interest may be created in an accession and continues in collateral that becomes an accession.(b) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.(c) Except as otherwise provided in subsection (d), the other provisions of this part determine the priority of a security interest in an accession.(d) A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under §57A-9-311(b).(e) After default, subject to Part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.(f) A secured party that removes an accession from other goods under subsection (e) shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. 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. Source: SL 2000, ch 231.
SD Codified L § 57A-9-336 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-336 - "Commingled goods"--Security interest and priority issues with respect to commingled goods.

57A-9-336."Commingled goods"--Security interest and priority issues with respect to commingled goods.(a) In this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.(b) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.(c) If collateral becomes commingled goods, a security interest attaches to the product or mass.(d) If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (c) is perfected.(e) Except as otherwise provided in subsection (f), the other provisions of this part determine the priority of a security interest that attaches to the product or mass under subsection (c).(f) If more than one security interest attaches to the product or mass under subsection (c), the following rules determine priority:(1)A security interest that is perfected under subsection (d) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.(2)If more than one security interest is perfected under subsection (d), the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods. Source: SL 2000, ch 231.
SD Codified L § 57A-9-337 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-337 - Certificate of title failing to show security interest perfected under another jurisdiction's law.

57A-9-337. Certificate of title failing to show security interest perfected under another jurisdiction's law.If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this State issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:(1)A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and(2)The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under §57A-9-311(b), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest. Source: SL 2000, ch 231.
SD Codified L § 57A-9-338 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-338 - Effect of inaccurate financing statement on security interest or agricultural lien.

57A-9-338. Effect of inaccurate financing statement on security interest or agricultural lien.If a security interest or agricultural lien is perfected by a filed financing statement providing information described in §57A-9-516(b)(5) which is incorrect at the time the financing statement is filed:(1)The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and(2)A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral. Source: SL 2000, ch 231; SL 2009, ch 254, §835.
SD Codified L § 57A-9-339 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-339 - Subordination by agreement.

57A-9-339. Subordination by agreement.This chapter does not preclude subordination by agreement by a person entitled to priority. Source: SL 2000, ch 231.
SD Codified L § 57A-9-340 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-340 - Bank's right of recoupment or setoff against party holding security interest in deposit account.

57A-9-340. Bank's right of recoupment or setoff against party holding security interest in deposit account.(a) Except as otherwise provided in subsection (c), a bank with which a deposit account is maintained may exercise any right of recoupment or set-off against a secured party that holds a security interest in the deposit account.(b) Except as otherwise provided in subsection (c), the application of this article to a security interest in a deposit account does not affect a right of recoupment or set-off of the secured party as to a deposit account maintained with the secured party.(c) The exercise by a bank of a set-off against a deposit account is ineffective against a secured party that holds a security interest in the deposit account which is perfected by control under §57A-9-104(a)(3), if the set-off is based on a claim against the debtor. Source: SL 2000, ch 231.
SD Codified L § 57A-9-341 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-341 - Effect of security interest on bank's rights and duties with respect to deposit account.

57A-9-341. Effect of security interest on bank's rights and duties with respect to deposit account.Except as otherwise provided in §57A-9-340(c), and unless the bank otherwise agrees in an authenticated record, a bank's rights and duties with respect to a deposit account maintained with the bank are not terminated, suspended, or modified by:(1)The creation, attachment, or perfection of a security interest in the deposit account;(2)The bank's knowledge of the security interest; or(3)The bank's receipt of instructions from the secured party. Source: SL 2000, ch 231.
SD Codified L § 57A-9-342 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-342 - Bank's right with respect to agreement giving secured party control of deposit account.

57A-9-342. Bank's right with respect to agreement giving secured party control of deposit account.This chapter does not require a bank to enter into an agreement of the kind described in §57A-9-104(a)(2), even if its customer so requests or directs. A bank that has entered into such an agreement is not required to confirm the existence of the agreement to another person unless requested to do so by its customer. Source: SL 2000, ch 231.
SD Codified L § 57A-9-401 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-401 - Transferability of debtor's rights.

57A-9-401. Transferability of debtor's rights.(a) Except as otherwise provided in subsection (b) and §§57A-9-406, 57A-9-407, 57A-9-408, and 57A-9-409, whether a debtor's rights in collateral may be voluntarily or involuntarily transferred is governed by law other than this article.(b) An agreement between the debtor and secured party which prohibits a transfer of the debtor's rights in collateral or makes the transfer a default does not prevent the transfer from taking effect. Source: SL 2000, ch 231.
SD Codified L § 57A-9-402 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-402 - Secured party's liability for debtor's acts or omissions.

57A-9-402. Secured party's liability for debtor's acts or omissions.The existence of a security interest, agricultural lien, or authority given to a debtor to dispose of or use collateral, without more, does not subject a secured party to liability in contract or tort for the debtor's acts or omissions. Source: SL 2000, ch 231.
SD Codified L § 57A-9-403 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-403 - "Value"--Agreement not to assert claims or defenses against assignee.

57A-9-403."Value"--Agreement not to assert claims or defenses against assignee.(a) In this section, "value" has the meaning provided in §57A-3-303(a).(b) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:(1)For value;(2)In good faith;(3)Without notice of a claim of a property or possessory right to the property assigned; and(4)Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under §57A-3-305(a).(c) Subsection (b) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under §57A-3-305(b).(d) In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:(1)The record has the same effect as if the record included such a statement; and(2)The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.(e) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.(f) Except as otherwise provided in subsection (d), this section does not displace law other than this article which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee. Source: SL 2000, ch 231.
SD Codified L § 57A-9-404 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-404 - Claims and defenses assertable against assignee.

57A-9-404. Claims and defenses assertable against assignee.(a) Unless an account debtor has made an enforceable agreement not to assert defenses or claims, and subject to subsections (b) through (e), the rights of an assignee are subject to:(1)All terms of the agreement between the account debtor and assignor and any defense or claim in recoupment arising from the transaction that gave rise to the contract; and(2)Any other defense or claim of the account debtor against the assignor which accrues before the account debtor receives a notification of the assignment authenticated by the assignor or the assignee.(b) Subject to subsection (c) and except as otherwise provided in subsection (d), the claim of an account debtor against an assignor may be asserted against an assignee under subsection (a) only to reduce the amount the account debtor owes.(c) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.(d) In a consumer transaction, if a record evidences the account debtor's obligation, law other than this chapter requires that the record include a statement to the effect that the account debtor's recovery against an assignee with respect to claims and defenses against the assignor may not exceed amounts paid by the account debtor under the record, and the record does not include such a statement, the extent to which a claim of an account debtor against the assignor may be asserted against an assignee is determined as if the record included such a statement.(e) This section does not apply to an assignment of a health-care-insurance receivable. Source: SL 2000, ch 231.
SD Codified L § 57A-9-405 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-405 - Effect of modification or substitution of assigned contract.

57A-9-405. Effect of modification or substitution of assigned contract.(a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d).(b) Subsection (a) applies to the extent that:(1)The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or(2)The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under §57A-9-406(a).(c) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.(d) This section does not apply to an assignment of a health-care-insurance receivable. Source: SL 2000, ch 231.
SD Codified L § 57A-9-407 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-407 - Ineffective prohibitions or restrictions in lease agreement.

57A-9-407. Ineffective prohibitions or restrictions in lease agreement.(a) Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective to the extent that it:(1)Prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the goods; or(2)Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease.(b) Except as otherwise provided in §57A-2A-303(7), a term described in subsection (a)(2) is effective to the extent that there is:(1)A transfer by the lessee of the lessee's right of possession or use of the goods in violation of the term; or(2)A delegation of a material performance of either party to the lease contract in violation of the term.(c) The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the lessee's prospect of obtaining return performance or materially changes the duty of or materially increases the burden or risk imposed on the lessee within the purview of §57A-2A-303(4) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the lessor. Source: SL 2000, ch 231.
SD Codified L § 57A-9-409 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-409 - Ineffective restrictions on assignment or creation of security interest in letter-of-credit right.

57A-9-409. Ineffective restrictions on assignment or creation of security interest in letter-of-credit right.(a) A term in a letter of credit or a rule of law, statute, regulation, custom, or practice applicable to the letter of credit which prohibits, restricts, or requires the consent of an applicant, issuer, or nominated person to a beneficiary's assignment of or creation of a security interest in a letter-of-credit right is ineffective to the extent that the term or rule of law, statute, regulation, custom, or practice:(1)Would impair the creation, attachment, or perfection of a security interest in the letter-of-credit right; or(2)Provides that the assignment or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the letter-of-credit right.(b) To the extent that a term in a letter of credit is ineffective under subsection (a) but would be effective under law other than this chapter or a custom or practice applicable to the letter of credit, to the transfer of a right to draw or otherwise demand performance under the letter of credit, or to the assignment of a right to proceeds of the letter of credit, the creation, attachment, or perfection of a security interest in the letter-of-credit right:(1)Is not enforceable against the applicant, issuer, nominated person, or transferee beneficiary;(2)Imposes no duties or obligations on the applicant, issuer, nominated person, or transferee beneficiary; and(3)Does not require the applicant, issuer, nominated person, or transferee beneficiary to recognize the security interest, pay or render performance to the secured party, or accept payment or other performance from the secured party. Source: SL 2000, ch 231.
SD Codified L § 57A-9-501 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-501 - Office for filing financing statement for security interest or agricultural lien.

57A-9-501. Office for filing financing statement for security interest or agricultural lien.(a) Except as otherwise provided in subsection (b), if the local law of this state governs perfection of a security interest or agricultural lien, the office in which to file a financing statement to perfect the security interest or agricultural lien is:(1)The office designated for the filing or recording of a record of a mortgage on the related real property, if:(A)The collateral is as-extracted collateral or timber to be cut; or(B)The financing statement is filed as a fixture filing and the collateral is goods that are or are to become fixtures; or(2)The Office of the Secretary of State, in all other cases, including a case in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.(b) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the Office of the Secretary of State. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures. Source: SL 2000, ch 231.
SD Codified L § 57A-9-501.1 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-501.1 - Validation of noncomplying statements.

57A-9-501.1. Validation of noncomplying statements.All statements to continue, release, assign, amend or terminate any financing statements filed subsequent to December 31, 1979, and prior to July 1, 1980, notwithstanding any noncompliance with §57A-9-401.1 as amended, are hereby cured, legalized and validated as fully as if such filings had been made in full compliance with §57A-9-401.1. Source: SL 2000, ch 231.
SD Codified L § 57A-9-501.2 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-501.2 - Secured party access through state's computer to record liens on real property--Rules.

57A-9-501.2. Secured party access through state's computer to record liens on real property--Rules.The secretary of state shall maintain a program granting a secured party access through the state's computer system to record liens on real property pursuant to §57A-9-501. The secretary may promulgate rules, pursuant to chapter 1-26, concerning the procedure for providing a secured party access to, adequate security for, and confidentiality of any public records related to the secured party's liens listed on the state's computer system. Source: SL 2002, ch 226, §1; SL 2004, ch 294, §1.
SD Codified L § 57A-9-504 (2021)
2021 South Dakota Codified Laws|Title 57A - Uniform Commercial Code|Chapter 09 - Secured Transactions|Section 57A-9-504 - Sufficiency of description of collateral.

57A-9-504. Sufficiency of description of collateral.A financing statement sufficiently indicates the collateral that it covers if the financing statement provides:(1)A description of the collateral pursuant to §57A-9-108; or(2)An indication that the financing statement covers all assets or all personal property. Source: SL 2000, ch 231.