reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1309.602 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.602 | Waiver and Variance of Rights and Duties - Ucc 9-602.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|Except as otherwise provided in section 1309.624 of the Revised Code, 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 following provisions of the Revised Code;(A) Division (B)(4)(c) of section 1309.207 of the Revised Code, which relates to the use and operation of the collateral by the secured party;(B) Section 1309.210 of the Revised Code, which relates to requests for an accounting and requests concerning a list of collateral and statement of account;(C) Division (C) of section 1309.607 of the Revised Code, which relates to the collection and enforcement of collateral;(D) Division (A) of section 1309.608 and division (C) of section 1309.615 of the Revised Code to the extent that they relate to the application or payment of noncash proceeds of collection, enforcement, or disposition;(E) Division (A) of section 1309.608 and division (D) of section 1309.615 of the Revised Code to the extent that they require accounting for or payment of surplus proceeds of collateral;(F) Section 1309.609 of the Revised Code to the extent that it imposes upon a secured party who takes possession of collateral without judicial process the duty to do so without breach of the peace;(G) Division (B) of section 1309.610 and sections 1309.611, 1309.613, and 1309.614 of the Revised Code, which relate to the disposition of collateral;(H) Division (F) of section 1309.615, which relates to the 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;(I) Section 1309.616 of the Revised Code, which relates to the explanation of the calculation of a surplus or deficiency;(J) Sections 1309.620, 1309.621, and 1309.622 of the Revised Code, which relate to the acceptance of collateral in satisfaction of obligation;(K) Section 1309.623 of the Revised Code, which relates to redemption of collateral;(L) Section 1309.624 of the Revised Code, which relates to permissible waivers; and(M) Sections 1309.625 and 1309.626 of the Revised Code, which relate to the secured party's liability for failure to comply with this chapter.
Ohio Rev Code § 1309.603 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.603 | Agreement on Standards Concerning Rights and Duties - Ucc 9-603.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(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 section 1309.602 of the Revised Code if the standards are not manifestly unreasonable.(B) Division (A) of this section does not apply to the duty imposed under section 1309.609 of the Revised Code to refrain from breaching the peace.
Ohio Rev Code § 1309.604 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.604 | Procedure if Security Agreement Covers Real Property or Fixtures - Ucc 9-604.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(A) If a security agreement covers both personal and real property, a secured party may proceed:(1) Under sections 1309.601 to 1309.628 of the Revised Code 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 sections 1309.601 to 1309.628 of the Revised Code do not apply.(B) Subject to division (C) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed:(1) Under sections 1309.601 to 1309.628 of the Revised Code; or(2) In accordance with the rights with respect to real property, in which case the other provisions of sections 1309.601 to 1309.628 of the Revised Code do not apply.(C) Subject to the other provisions of sections 1309.601 to 1309.628 of the Revised Code, 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 who removes collateral shall reimburse promptly 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.
Ohio Rev Code § 1309.605 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.605 | Unknown Debtor or Secondary Obligor - Ucc 9-605.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|A secured party does not owe a duty based on its status as secured party:(A) To a person who is a debtor or obligor, unless the secured party knows:(1) That the person is a debtor or obligor;(2) The identity of the person; and(3) How to communicate with the person; or(B) To a secured party or lienholder who has filed a financing statement against a person, unless the secured party knows:(1) That the person is a debtor; and(2) The identity of the person.
Ohio Rev Code § 1309.606 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.606 | Time for Default for Agricultural Lien - Ucc 9-606.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|For purposes of sections 1309.601 to 1309.628 of the Revised Code, 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.
Ohio Rev Code § 1309.607 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.607 | Collection and Enforcement by Secured Party - Ucc 9-607.

Effective: July 1, 2013|Latest Legislation:  Senate Bill 208 - 129th General Assembly|(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 1309.315 of the Revised 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 division (A)(1) of section 1309.104 of the Revised 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 division (A)(2) or (3) of section 1309.104 of the Revised 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 the right of a debtor to enforce a mortgage nonjudicially under division (A)(3) of this section, 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 division (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.
Ohio Rev Code § 1309.608 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.608 | Application of Proceeds of Collection or Enforcement - Liability for Deficiency and Right to Surplus - Ucc 9-608.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(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 1309.607 of the Revised Code in the following order:(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 is not required to comply with the holder's demand made under division (A)(1)(c) of this section.(3) A secured party is not required to apply or pay over for application noncash proceeds of collection and enforcement under section 1309.607 of the Revised Code unless the failure to do so would be commercially unreasonable. A secured party who 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.
Ohio Rev Code § 1309.609 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.609 | Secured Party's Right to Take Possession After Default - Ucc 9-609.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(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 1309.610 of the Revised Code.(B) A secured party may act under division (A) of this section:(1) Pursuant to judicial process; or(2) Without judicial process if it acts 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 that is designated by the secured party and that is reasonably convenient to both parties.
Ohio Rev Code § 1309.610 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.610 | Disposition of Collateral After Default - Ucc 9-610.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(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, 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, but 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 a 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.(E) A secured party may disclaim or modify warranties under division (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 division (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.
Ohio Rev Code § 1309.611 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.611 | Notification Before Disposition of Collateral - Ucc 9-611.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(A) As used 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 provided in division (D) of this section, a secured party who disposes of collateral under section 1309.610 of the Revised Code shall send a reasonable authenticated notification of disposition to the persons specified in division (C) of this section.(C) To comply with division (B) of this section, 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 whom 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 who, 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 who, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, rule, or treaty described in division (A) of section 1309.311 of the Revised Code.(D) Division (B) of this section 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 division (C)(3)(b) of this section if:(1) Not later than twenty days nor 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 division (C)(3)(b) of this section; 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 or other lienholder named in that response whose financing statement covered the collateral.
Ohio Rev Code § 1309.612 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.612 | Timeliness of Notification Before Disposition of Collateral - Ucc 9-612.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(A) Except as otherwise provided in division (B) of this section, whether a notification is sent within a reasonable time is a question of fact.(B) 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.
Ohio Rev Code § 1309.613 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.613 | Contents and Form of Notification Before Disposition of Collateral - General - Ucc 9-613.

Effective: November 5, 2004|Latest Legislation:  House Bill 420 - 125th General Assembly|(A) Except in a consumer-goods transaction, all of the following rules apply to a notification of disposition of collateral and to a disposition of collateral:(1) The contents of a notification of disposition are sufficient if the notification:(a) Describes the debtor and the secured party;(b) Describes the collateral that is the subject of the intended disposition;(c) States the method of intended disposition;(d) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and(e) States the time and place, by identifying the place of business or address or by providing other information that, in each case, reasonably describes the location, of a public disposition or the time after which any other disposition is to be made.(2) Whether the contents of a notification that lacks any of the information specified in division (A)(1) of this section are nevertheless sufficient is a question of fact.(3) The contents of a notification providing substantially the information specified in division (A)(1) of this section are sufficient, even if the notification includes:(a) Information not specified by that division; or(b) Minor errors that are not seriously misleading.(4) A particular phrasing of the notification is not required.(B) The following form of notification and the form appearing in division (B) of section 1309.614 of the Revised Code, when completed, each provides sufficient information:"NOTIFICATION OF DISPOSITION OF COLLATERALTo: (Name of debtor, obligor, or other person to whom 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)."
Ohio Rev Code § 1309.617 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.617 | Rights of Transferee of Collateral - Ucc 9-617.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(A) A secured party's disposition of collateral after default:(1) Transfers to a transferee for value all of the debtor's rights in the collateral;(2) Discharges the security interest under which the disposition is made; and(3) Discharges any subordinate security interest or other subordinate lien other than the liens specified in division (D) of section 1309.109 of the Revised Code.(B) A transferee who acts in good faith takes free of the rights and interests described in division (A) of this section, even if the secured party fails to comply with this chapter or the requirements of any judicial proceeding.(C) If a transferee does not take free of the rights and interests described in division (A) of this section, the transferee takes the collateral subject to:(1) The debtor's rights in the collateral;(2) The security interest or agricultural lien under which the disposition is made; and(3) Any other security interest or other lien.
Ohio Rev Code § 1309.618 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1309 | Secured Transactions|Section 1309.618 | Rights and Duties of Certain Secondary Obligors - Ucc 9-618.

Effective: July 1, 2001|Latest Legislation:  Senate Bill 74 - 124th General Assembly|(A) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:(1) Receives an assignment of a secured obligation from the secured party;(2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or(3) Is subrogated to the rights of a secured party with respect to collateral.(B) An assignment, transfer, or subrogation described in division (A) of this section:(1) Is not a disposition of collateral under section 1309.610 of the Revised Code; and(2) Relieves the secured party of further duties under this chapter.