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§12A-9-207.
§12A-9-207.
(1) A secured party must use reasonable care in the custody and
preservation of collateral in his possession. In the case of an
instrument or chattel paper reasonable care includes taking necessary
steps to preserve rights against prior parties unless otherwise
agreed.
(2) Unless otherwise agreed, when collateral is in the secured party's
possession
(a) reasonable expenses (including the cost of any insurance and
payment of taxes or other charges) incurred in the custody,
preservation, use or operation of the collateral are chargeable to the
debtor and are secured by the collateral;
(b) the risk of accidental loss or damage is on the debtor to the
extent of any deficiency in any effective insurance coverage;
(c) the secured party may hold as additional security any increase or
profits (except money) received from the collateral, but money so
received, unless remitted to the debtor, shall be applied in reduction
of the secured obligation;
(d) the secured party must keep the collateral identifiable but
fungible collateral may be commingled;
(e) the secured party may repledge the collateral upon terms which do
not impair the debtor's right to redeem it.
(3) A secured party is liable for any loss caused by his failure to
meet any obligation imposed by the preceding subsections but does not
lose his security interest.
(4) A secured party may use or operate the collateral for the purpose
of preserving the collateral or its value or pursuant to the order of
a court of appropriate jurisdiction or, except in the case of consumer
goods, in the manner and to the extent provided in the security
agreement.
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