Legislation
SECTION 9-604
Procedure If Security Agreement Covers Real Property, Fixtures, or Cooperative Interests
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 6, SUBPART 1
Section 9--604. Procedure If Security Agreement Covers Real Property,
Fixtures, or Cooperative Interests.
(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.
(e) Enforcement: cooperative interests. A security interest in a
cooperative interest may be enforced only as provided in Section
9--601(a).
Fixtures, or Cooperative Interests.
(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.
(e) Enforcement: cooperative interests. A security interest in a
cooperative interest may be enforced only as provided in Section
9--601(a).