336.9-610 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
(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
(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: 2000 c 399 art 1 s 111