47-9607. Collection and enforcement by secured
party


A. If so agreed, and in any event after default, a secured party:


1. May notify an account debtor or other person obligated on collateral to make
payment or otherwise render performance to or for the benefit of the secured party;


2. May take any proceeds to which the secured party is entitled under section
47-9315;


3. May enforce the obligations of an account debtor or other person obligated on
collateral and exercise the rights of the debtor with respect to the obligation of the
account debtor or other person obligated on collateral to make payment or otherwise
render performance to the debtor, and with respect to any property that secures the
obligations of the account debtor or other person obligated on the collateral;


4. If it holds a security interest in a deposit account perfected by control under
section 47-9104, subsection A, paragraph 1, may apply the balance of the deposit account
to the obligation secured by the deposit account; and


5. If it holds a security interest in a deposit account perfected by control under
section 47-9104, subsection A, paragraph 2 or 3, may instruct the bank to pay the balance
of the deposit account to or for the benefit of the secured party.


B. If necessary to enable a secured party to exercise under subsection A, paragraph
3 of this section the right of a debtor to enforce a mortgage nonjudicially, the secured
party may record in the office in which a record of the mortgage is recorded:


1. A copy of the security agreement that creates or provides for a security
interest in the obligation secured by the mortgage; and


2. The secured party's sworn affidavit in recordable form stating that:


(a) A default has occurred; and


(b) The secured party is entitled to enforce the mortgage nonjudicially.


C. A secured party shall proceed in a commercially reasonable manner if the secured
party:


1. Undertakes to collect from or enforce an obligation of an account debtor or
other person obligated on collateral; and


2. Is entitled to charge back uncollected collateral or otherwise to full or
limited recourse against the debtor or a secondary obligor.


D. A secured party may deduct from the collections made pursuant to subsection C of
this section reasonable expenses of collection and enforcement, including reasonable
attorney fees and legal expenses incurred by the secured party.


E. This section does not determine whether an account debtor, bank or other person
obligated on collateral owes a duty to a secured party.