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§12A-3-309.


§12A-3-309.
   
            ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT
                                      
   (a) A person not in possession of an instrument is entitled to enforce
   the instrument if (i) the person was in possession of the instrument
   and entitled to enforce it when loss of possession occurred, (ii) the
   loss of possession was not the result of a transfer by the person or a
   lawful seizure, and (iii) the person cannot reasonably obtain
   possession of the instrument because the instrument was destroyed, its
   whereabouts cannot be determined, or it is in the wrongful possession
   of an unknown person or a person that cannot be found or is not
   amenable to service of process.
   
   (b) A person seeking enforcement of an instrument under subsection (a)
   of this section must prove the terms of the instrument and the
   person's right to enforce the instrument. If that proof is made,
   Section 59 of this act applies to the case as if the person seeking
   enforcement had produced the instrument. The court may not enter
   judgment in favor of the person seeking enforcement unless it finds
   that the person required to pay the instrument is adequately protected
   against loss that might occur by reason of a claim by another person
   to enforce the instrument. Adequate protection may be provided by any
   reasonable means.
   

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