70A-9a-207 - Rights and duties of secured party having possession or control of collateral.
70A-9a-207. Rights and duties of secured party having possession or control ofcollateral.
(1) Except as otherwise provided in Subsection (4), a secured party shall use reasonablecare in the custody and preservation of collateral in the secured party's possession. In the case ofchattel paper or an instrument, reasonable care includes taking necessary steps to preserve rightsagainst prior parties unless otherwise agreed.
(2) Except as otherwise provided in Subsection (4), if a secured party has possession ofcollateral:
(a) reasonable expenses, including the cost of insurance and payment of taxes or othercharges, incurred in the custody, preservation, use, or operation of the collateral are chargeable tothe debtor and are secured by the collateral;
(b) the risk of accidental loss or damage is on the debtor to the extent of a deficiency inany effective insurance coverage;
(c) the secured party shall keep the collateral identifiable, but fungible collateral may becommingled; and
(d) the secured party may use or operate the collateral:
(i) for the purpose of preserving the collateral or its value;
(ii) as permitted by an order of a court having competent jurisdiction; or
(iii) except in the case of consumer goods, in the manner and to the extent agreed by thedebtor.
(3) Except as otherwise provided in Subsection (4), a secured party having possession ofcollateral or control of collateral under Section 70A-7a-106, 70A-9a-104, 70A-9a-105,70A-9a-106, or 70A-9a-107:
(a) may hold as additional security any proceeds, except money or funds, received fromthe collateral;
(b) shall apply money or funds received from the collateral to reduce the securedobligation, unless remitted to the debtor; and
(c) may create a security interest in the collateral.
(4) If the secured party is a buyer of accounts, chattel paper, payment intangibles, orpromissory notes or a consignor:
(a) Subsection (1) does not apply unless the secured party is entitled under an agreement:
(i) to charge back uncollected collateral; or
(ii) otherwise to full or limited recourse against the debtor or a secondary obligor basedon the nonpayment or other default of an account debtor or other obligor on the collateral; and
(b) Subsections (2) and (3) do not apply.
Amended by Chapter 42, 2006 General Session