reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-508 Effectiveness of financing statement if new debtor becomes bound by security agreement.

84-9-508.
Effectiveness of financing statement if new debtor becomes bound by security agreement.
(a) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
(b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) to be seriously misleading under K.S.A. 2023 Supp. 84-9-506, and amendments thereto:
(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under K.S.A. 2023 Supp. 84-9-203(d), and amendments thereto; and
(2) the financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under K.S.A. 2023 Supp. 84-9-203(d), and amendments thereto, unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
(c) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under K.S.A. 2023 Supp. 84-9-507(a), and amendments thereto.
History:
L. 2000, ch. 142, § 79; July 1, 2001.
Revisor's Note:
Former section 84-9-508 was repealed by L. 2000, ch. 142, § 155 and the number reassigned to the current text.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-509 Persons entitled to file a record.

84-9-509.
Persons entitled to file a record.
(a) Person entitled to file record. A person may file an initial financing statement, amendment that adds collateral covered by a financing statement, or amendment that adds a debtor to a financing statement only if:
(1) The debtor authorizes the filing in an authenticated record or pursuant to subsection (b) or (c); or
(2) the person holds an agricultural lien that has become effective at the time of filing and the financing statement covers only collateral in which the person holds an agricultural lien.
(b) Security agreement as authorization. By authenticating or becoming bound as debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing statement, and an amendment, covering:
(1) The collateral described in the security agreement; and
(2) property that becomes collateral under K.S.A. 2023 Supp. 84-9-315(a)(2), and amendments thereto, whether or not the security agreement expressly covers proceeds.
(c) Acquisition of collateral as authorization. By acquiring collateral in which a security interest or agricultural lien continues under K.S.A. 2023 Supp. 84-9-315(a)(1), and amendments thereto, a debtor authorizes the filing of an initial financing statement, and an amendment, covering the collateral and property that becomes collateral under K.S.A. 2023 Supp. 84-9-315(a)(2), and amendments thereto.
(d) Person entitled to file certain amendments. A person may file an amendment other than an amendment that adds collateral covered by a financing statement or an amendment that adds a debtor to a financing statement only if:
(1) The secured party of record authorizes the filing; or
(2) the amendment is a termination statement for a financing statement as to which the secured party of record has failed to file or send a termination statement as required by K.S.A. 2023 Supp. 84-9-513(a) or (c), and amendments thereto, the debtor authorizes the filing, and the termination statement indicates that the debtor authorized it to be filed.
(e) Multiple secured parties of record. If there is more than one secured party of record for a financing statement, each secured party of record may authorize the filing of an amendment under subsection (d).
History:
L. 2000, ch. 142, § 80; L. 2002, ch. 159, § 17; L. 2004, ch. 9, § 1; July 1.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-510 Effectiveness of filed record.

84-9-510.
Effectiveness of filed record.
(a) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under K.S.A. 2023 Supp. 84-9-509, and amendments thereto.
(b) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(c) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by K.S.A. 2023 Supp. 84-9-515(d), and amendments thereto, is ineffective.
History:
L. 2000, ch. 142, § 81; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-511 Secured party of record.

84-9-511.
Secured party of record.
(a) Secured party of record. A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under K.S.A. 2023 Supp. 84-9-514(a), and amendments thereto, the assignee named in the initial financing statement is the secured party of record with respect to the financing statement.
(b) Amendment naming secured party of record. If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under K.S.A. 2023 Supp. 84-9-514(b), and amendments thereto, the assignee named in the amendment is a secured party of record.
(c) Amendment deleting secured party of record. A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.
History:
L. 2000, ch. 142, § 82; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-512 Amendment of financing statement.

84-9-512.
Amendment of financing statement.
(a) Amendment of information in financing statement. Subject to K.S.A. 2023 Supp. 84-9-509, and amendments thereto, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (e), otherwise amend the information provided in, a financing statement by filing an amendment that:
(1) Identifies, by its file number, the initial financing statement to which the amendment relates; and
(2) if the amendment relates to an initial financing statement filed in a filing office described in K.S.A. 2023 Supp. 84-9-501(a)(1), and amendments thereto, provides the information specified in K.S.A. 2023 Supp. 84-9-502(b), and amendments thereto.
(b) Period of effectiveness not affected. Except as otherwise provided in K.S.A. 2023 Supp. 84-9-515, and amendments thereto, the filing of an amendment does not extend the period of effectiveness of the financing statement.
(c) Effectiveness of amendment adding collateral. A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(d) Effectiveness of amendment adding debtor. A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(e) Certain amendments ineffective. An amendment is ineffective to the extent it:
(1) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or
(2) purports to delete all secured parties of record and fails to provide the name of a new secured party of record.
History:
L. 2000, ch. 142, § 83; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-513 Termination statement.

84-9-513.
Termination statement.
(a) Consumer goods. A secured party shall cause the secured party of record for a financing statement to file a termination statement for the financing statement if the financing statement covers consumer goods and:
(1) There is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) the debtor did not authorize the filing of the initial financing statement.
(b) Time for compliance with subsection (a). To comply with subsection (a), a secured party shall cause the secured party of record to file the termination statement:
(1) Within one month after there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value; or
(2) if earlier, within 20 days after the secured party receives an authenticated demand from a debtor.
(c) Other collateral. In cases not governed by subsection (a), within 20 days after a secured party receives an authenticated demand from a debtor, the secured party shall cause the secured party of record for a financing statement to send to the debtor a termination statement for the financing statement or file the termination statement in the filing office if:
(1) Except in the case of a financing statement covering accounts or chattel paper that has been sold or goods that are the subject of a consignment, there is no obligation secured by the collateral covered by the financing statement and no commitment to make an advance, incur an obligation, or otherwise give value;
(2) the financing statement covers accounts or chattel paper that has been sold but as to which the account debtor or other person obligated has discharged its obligation;
(3) the financing statement covers goods that were the subject of a consignment to the debtor but are not in the debtor's possession; or
(4) the debtor did not authorize the filing of the initial financing statement.
(d) Effect of filing termination statement. Except as otherwise provided in K.S.A. 2023 Supp. 84-9-510, and amendments thereto, upon the filing of a termination statement with the filing office, the financing statement to which the termination statement relates ceases to be effective. Except as otherwise provided in K.S.A. 2023 Supp. 84-9-510, and amendments thereto, for purposes of K.S.A. 2023 Supp. 84-9-519(g), K.S.A. 2023 Supp. 84-9-522(a), and K.S.A. 2023 Supp. 84-9-523(c), and amendments thereto, the filing with the filing office of a termination statement relating to a financing statement that indicates that the debtor is a transmitting utility also causes the effectiveness of the financing statement to lapse.
History:
L. 2000, ch. 142, § 84; L. 2002, ch. 159, § 18; May 23.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-514 Assignment of powers of secured party of record.

84-9-514.
Assignment of powers of secured party of record.
(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.
(b) Assignment of filed financing statement. Except as otherwise provided in subsection (c), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:
(1) Identifies, by its file number, the initial financing statement to which it relates;
(2) provides the name of the assignor; and
(3) provides the name and mailing address of the assignee.
(c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under K.S.A. 2023 Supp. 84-9-502(c), and amendments thereto, may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than the uniform commercial code.
History:
L. 2000, ch. 142, § 85; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-515 Duration and effectiveness of financing statement; lapse and continuation of financing statement.

84-9-515. Duration and effectiveness of financing statement; lapse and continuation of financing statement.
(a) Five-year effectiveness. Except as otherwise provided in subsections (b), (e), (f) and (g), a filed financing statement is effective for a period of five years after the date of filing.
(b) Manufactured-home transaction. Except as otherwise provided in subsections (e), (f) and (g), an initial financing statement filed in connection with a manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a manufactured-home transaction.
(c) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (d). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
(d) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (a) or the thirty-year period specified in subsection (b), whichever is applicable.
(e) Effect of filing continuation statement. Except as otherwise provided in K.S.A. 2023 Supp. 84-9-510, and amendments thereto, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (c), unless, before the lapse, another continuation statement is filed pursuant to subsection (d). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
(f) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
(g) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under K.S.A. 2023 Supp. 84-9-502(c), and amendments thereto, remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
History:
L. 2000, ch. 142, § 86; L. 2002, ch. 159, § 19; L. 2012, ch. 84, § 13; July 1, 2013.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-517 Effect of indexing errors.

84-9-517.
Effect of indexing errors.
The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
History:
L. 2000, ch. 142, § 88; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-518 Filing information statements identifying inaccurate or wrongfully filed records; contents.

84-9-518. Filing information statements identifying inaccurate or wrongfully filed records; contents.
(a) Statement with respect to record indexed under person's name. A person may file in the filing office an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
(b) Contents of statement under subsection (a). An information statement under subsection (a) must:
(1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
(2) indicate that it is an information statement; and
(3) provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
(c) Statement by secured party of record. A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under K.S.A. 2023 Supp. 84-9-509(d), and amendments thereto.
(d) Contents of statement under subsection (c). An information statement under subsection (c) must:
(1) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
(2) indicate that it is an information statement; and
(3) provide the basis for the person's belief that the person that filed the record was not entitled to do so under K.S.A. 2023 Supp. 84-9-509(d), and amendments thereto.
(e) Record not affected by information statement. The filing of an information statement does not affect the effectiveness of an initial financing statement or other filed record.
History:
L. 2000, ch. 142, § 89; L. 2012, ch. 84, § 15; July 1, 2013.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-520 Acceptance and refusal to accept record.

84-9-520. Acceptance and refusal to accept record.
(a) Mandatory refusal to accept record. A filing office shall refuse to accept a record for filing for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto, and may refuse to accept a record for filing only for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto.
(b) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in K.S.A. 2023 Supp. 84-9-501(a)(2), and amendments thereto, in no event more than two business days after the filing office receives the record.
(c) When filed financing statement effective. A filed financing statement satisfying K.S.A. 2023 Supp. 84-9-502(a) and (b), and amendments thereto, is effective, even if the filing office is required to refuse to accept it for filing under subsection (a). However, K.S.A. 2023 Supp. 84-9-338, and amendments thereto, applies to a filed financing statement providing information described in K.S.A. 2023 Supp. 84-9-516(b)(5), and amendments thereto, which is incorrect at the time the financing statement is filed.
(d) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.
History:
L. 2000, ch. 142, § 91; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-521 Written initial financing statement and amendment; form.

84-9-521.
Written initial financing statement and amendment; form.
(a) Initial financing statement form. A filing office that accepts written records may not refuse to accept a written initial financing statement offered on a form prescribed by the secretary of state except for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto.
(b) Amendment form. A filing office that accepts written records may not refuse to accept a written record offered on a form prescribed by the secretary of state except for a reason set forth in K.S.A. 2023 Supp. 84-9-516(b), and amendments thereto.
History:
L. 2000, ch. 142, § 92; L. 2008, ch. 123, § 1; July 1.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-522 Maintenance and destruction of records.

84-9-522.
Maintenance and destruction of records.
(a) Post-lapse maintenance and retrieval of information. The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under K.S.A. 2023 Supp. 84-9-515, and amendments thereto, with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.
(b) Destruction of written records. Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).
History:
L. 2000, ch. 142, § 93; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-524 Delay by filing office.

84-9-524.
Delay by filing office.
Delay by the filing office beyond a time limit prescribed by this part is excused if:
(1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and
(2) the filing office exercises reasonable diligence under the circumstances.
History:
L. 2000, ch. 142, § 95; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-525 Fees.

84-9-525.
Fees.
Initial financing statement or other record: General rule. The fee for filing and indexing a record under this part shall be provided by the secretary of state.
History:
L. 2000, ch. 142, § 96; L. 2002, ch. 159, § 20; May 23.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-526 Filing office rules.

84-9-526.
Filing office rules.
(a) (1) Adoption of filing-office rules. The secretary of state shall adopt and publish rules to implement this article. The filing-office rules must be:
(A) Consistent with this article; and
(B) adopted and published in accordance with the rules and regulations filing act.
(2) All rules of the secretary of state adopted pursuant to this section in existence on June 30, 2007, shall continue to be effective and shall be deemed to be duly adopted rules of the secretary of state until revised, amended, revoked or nullified pursuant to law.
(b) Harmonization of rules. To keep the filing-office rules and practices of the filing office in harmony with the rules and practices of filing offices in other jurisdictions that enact substantially this part, and to keep the technology used by the filing office compatible with the technology used by filing offices in other jurisdictions that enact substantially this part, the secretary of the state, 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.
History:
L. 2000, ch. 142, § 97; L. 2008, ch. 123, § 2; July 1.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-527 Duty to report.

84-9-527.
Duty to report.
The secretary of state shall report annually to the governor and 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.
History:
L. 2000, ch. 142, § 98; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.

84-9-601.
Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in K.S.A. 2023 Supp. 84-9-602, and amendments thereto, 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) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under K.S.A. 2023 Supp. 84-7-106, and amendments thereto and K.S.A. 2023 Supp. 84-9-104, 84-9-105, 84-9-106 or 84-9-107, and amendments thereto, has the rights and duties provided in K.S.A. 2023 Supp. 84-9-207, and amendments thereto.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and K.S.A. 2023 Supp. 84-9-605, and amendments thereto, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. 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) Execution sale. 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) Consignor or buyer of certain rights to payment. Except as otherwise provided in K.S.A. 2023 Supp. 84-9-607(c), and amendments thereto, this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
History:
L. 2000, ch. 142, § 99; L. 2007, ch. 90, § 77; July 1, 2008.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-602 Waiver and variance of rights and duties.

84-9-602.
Waiver and variance of rights and duties.
Except as otherwise provided in K.S.A. 2023 Supp. 84-9-624, and amendments thereto, 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) K.S.A. 2023 Supp. 84-9-207(b)(4)(C), and amendments thereto, which deals with use and operation of the collateral by the secured party;
(2) K.S.A. 2023 Supp. 84-9-210, and amendments thereto, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
(3) K.S.A. 2023 Supp. 84-9-607(c), and amendments thereto, which deals with collection and enforcement of collateral;
(4) K.S.A. 2023 Supp. 84-9-608(a) and 84-9-615(c), and amendments thereto, to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
(5) K.S.A. 2023 Supp. 84-9-608(a) and 84-9-615(d), and amendments thereto, to the extent that they require accounting for or payment of surplus proceeds of collateral;
(6) K.S.A. 2023 Supp. 84-9-609, and amendments thereto, 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) K.S.A. 2023 Supp. 84-9-610(b), 84-9-611, 84-9-613 and 84-9-614, and amendments thereto, which deal with disposition of collateral;
(8) K.S.A. 2023 Supp. 84-9-615(f), and amendments thereto, 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) K.S.A. 2023 Supp. 84-9-616, and amendments thereto, which deals with explanation of the calculation of a surplus or deficiency;
(10) K.S.A. 2023 Supp. 84-9-620, 84-9-621 and 84-9-622, and amendments thereto, which deal with acceptance of collateral in satisfaction of obligation;
(11) K.S.A. 2023 Supp. 84-9-623, and amendments thereto, which deals with redemption of collateral;
(12) K.S.A. 2023 Supp. 84-9-624, and amendments thereto, which deals with permissible waivers; and
(13) K.S.A. 2023 Supp. 84-9-625 and 84-9-626, and amendments thereto, which deal with the secured liability for failure to comply with this article.
History:
L. 2000, ch. 142, § 100; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-603 Agreement on standards concerning rights and duties.

84-9-603.
Agreement on standards concerning rights and duties.
(a) Agreed standards. 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 K.S.A. 2023 Supp. 84-9-602, and amendments thereto, if the standards are not manifestly unreasonable.
(b) Agreed standards inapplicable to breach of peace. Subsection (a) does not apply to the duty under K.S.A. 2023 Supp. 84-9-609, and amendments thereto, to refrain from breaching the peace.
History:
L. 2000, ch. 142, § 101; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-604 Procedure if security agreement covers real property or fixtures.

84-9-604.
Procedure if security agreement covers real property or fixtures.
(a) Enforcement: Personal and real property. 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) Enforcement: Fixtures. 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) Removal of fixtures. 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) Injury caused by removal. 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:
L. 2000, ch. 142, § 102; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-605 Unknown debtor or secondary obligor.

84-9-605.
Unknown debtor or secondary obligor.
A secured party does not owe a duty based on its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows:
(A) That the person is a debtor or obligor;
(B) the identity of the person; and
(C) how to communicate with the person; or
(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
(A) That the person is a debtor; and
(B) the identity of the person.
History:
L. 2000, ch. 142, § 103; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-606 Time of default for agricultural lien.

84-9-606.
Time of default for agricultural lien.
For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.
History:
L. 2000, ch. 142, § 104; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-607 Collection and enforcement by secured party.

84-9-607. Collection and enforcement by secured party.
(a) Collection and enforcement generally. 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 K.S.A. 2023 Supp. 84-9-315, and amendments thereto;
(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 K.S.A. 2023 Supp. 84-9-104(a)(1), and amendments thereto, 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 K.S.A. 2023 Supp. 84-9-104(a)(2) or (3), and amendments thereto, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
(b) Nonjudicial enforcement of mortgage. 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) Commercially reasonable collection and enforcement. 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) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney fees and legal expenses incurred by the secured party.
(e) Duties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
History:
L. 2000, ch. 142, § 105; L. 2012, ch. 84, § 16; July 1, 2013.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

84-9-608.
Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
(a) Application of proceeds, surplus, and deficiency if obligation secured. 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 K.S.A. 2023 Supp. 84-9-607, and amendments thereto, 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 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 K.S.A. 2023 Supp. 84-9-607, and amendments thereto, 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) No surplus or deficiency in sales of certain rights to payment. 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:
L. 2000, ch. 142, § 106; L. 2002, ch. 159, § 21; May 23.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-609 Secured party's alternatives after default; with or without judicial process; assembly of collateral.

84-9-609.
Secured party's alternatives after default; with or without judicial process; assembly of collateral.
(a) Possession; rendering equipment unusable; disposition on debtor's premises. 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 K.S.A. 2023 Supp. 84-9-610, and amendments thereto.
(b) Judicial and nonjudicial process. 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) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.
History:
L. 2000, ch. 142, § 107; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-610 Disposition of collateral after default.

84-9-610.
Disposition of collateral after default.
(a) Disposition after default. 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) Commercially reasonable disposition. 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) Purchase by secured party. 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) Warranties on disposition. 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) Disclaimer of warranties. 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) Record sufficient to disclaim warranties. 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.
History:
L. 2000, ch. 142, § 108; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-611 Notification before disposition of collateral.

84-9-611.
Notification before disposition of collateral.
(a) Notification date. 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) Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under K.S.A. 2023 Supp. 84-9-610, and amendments thereto, shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.
(c) Persons to be notified. 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, 10 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, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in K.S.A. 2023 Supp. 84-9-311(a), and amendments thereto.
(d) Subsection (b) inapplicable: Perishable collateral; recognized market. 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) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:
(1) 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 (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 or other lienholder named in that response whose financing statement covered the collateral.
History:
L. 2000, ch. 142, § 109; July 1, 2001.
2023 Kansas Statutes › Chapter 84 - Uniform Commercial Code › Article 9 - Secured Transactions › 84-9-612 Timelines of notification before disposition of collateral.

84-9-612.
Timelines of notification before disposition of collateral.
(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact.
(b) Ten-day period sufficient. 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:
L. 2000, ch. 142, § 110; July 1, 2001.