§ 25‑9‑613. Contents and form of notification before disposition of collateral: general.
Except in a consumer‑goodstransaction, the following rules apply:
(1) The contents of anotification of disposition are sufficient if the notification:
a. Describes the debtorand the secured party;
b. Describes thecollateral that is the subject of the intended disposition;
c. States the method ofintended disposition;
d. States that thedebtor is entitled to an accounting of the unpaid indebtedness and states thecharge, if any, for an accounting; and
e. States the time andplace of a public disposition or the time after which any other disposition isto be made.
(2) Whether the contentsof a notification that lacks any of the information specified in subdivision(1) of this section are nevertheless sufficient is a question of fact.
(3) The contents of anotification providing substantially the information specified in subdivision(1) of this section are sufficient, even if the notification includes:
a. Information notspecified by that subdivision; or
b. Minor errors thatare not seriously misleading.
(4) A particularphrasing of the notification is not required.
(5) The following formof notification and the form appearing in G.S. 25‑9‑614(3), whencompleted, each provides sufficient information:
NOTIFICATION OFDISPOSITION OF COLLATERAL
To: [Name of debtor, obligor, or otherperson to which the notification is sent]
From: [Name,address, and telephone number of secured party]
Nameof Debtor(s): [Include only if debtor(s) is/are not an addressee]
[For apublic disposition:]
Wewill sell [or lease or license, as applicable] the [describe collateral][to the highest qualified bidder] in public as follows:
Dayand Date:__________________________________
Time:__________________________________
Place:__________________________________
[For aprivate disposition:]
We willsell [or lease or license, as applicable] the [describe collateral] privatelysometime after [day and date].
Youare entitled to an accounting of the unpaid indebtedness secured by theproperty that we intend to sell [or lease or license, as applicable] [for acharge of $ _______]. You may request an accounting by calling us at [telephonenumber] (2000‑169,s. 1.)
§ 25‑9‑613. Contents and form of notification before disposition of collateral: general.
Except in a consumer‑goodstransaction, the following rules apply:
(1) The contents of anotification of disposition are sufficient if the notification:
a. Describes the debtorand the secured party;
b. Describes thecollateral that is the subject of the intended disposition;
c. States the method ofintended disposition;
d. States that thedebtor is entitled to an accounting of the unpaid indebtedness and states thecharge, if any, for an accounting; and
e. States the time andplace of a public disposition or the time after which any other disposition isto be made.
(2) Whether the contentsof a notification that lacks any of the information specified in subdivision(1) of this section are nevertheless sufficient is a question of fact.
(3) The contents of anotification providing substantially the information specified in subdivision(1) of this section are sufficient, even if the notification includes:
a. Information notspecified by that subdivision; or
b. Minor errors thatare not seriously misleading.
(4) A particularphrasing of the notification is not required.
(5) The following formof notification and the form appearing in G.S. 25‑9‑614(3), whencompleted, each provides sufficient information:
NOTIFICATION OFDISPOSITION OF COLLATERAL
To: [Name of debtor, obligor, or otherperson to which the notification is sent]
From: [Name,address, and telephone number of secured party]
Nameof Debtor(s): [Include only if debtor(s) is/are not an addressee]
[For apublic disposition:]
Wewill sell [or lease or license, as applicable] the [describe collateral][to the highest qualified bidder] in public as follows:
Dayand Date:__________________________________
Time:__________________________________
Place:__________________________________
[For aprivate disposition:]
We willsell [or lease or license, as applicable] the [describe collateral] privatelysometime after [day and date].
Youare entitled to an accounting of the unpaid indebtedness secured by theproperty that we intend to sell [or lease or license, as applicable] [for acharge of $ _______]. You may request an accounting by calling us at [telephonenumber] (2000‑169,s. 1.)
§ 25‑9‑613. Contents and form of notification before disposition of collateral: general.
Except in a consumer‑goodstransaction, the following rules apply:
(1) The contents of anotification of disposition are sufficient if the notification:
a. Describes the debtorand the secured party;
b. Describes thecollateral that is the subject of the intended disposition;
c. States the method ofintended disposition;
d. States that thedebtor is entitled to an accounting of the unpaid indebtedness and states thecharge, if any, for an accounting; and
e. States the time andplace of a public disposition or the time after which any other disposition isto be made.
(2) Whether the contentsof a notification that lacks any of the information specified in subdivision(1) of this section are nevertheless sufficient is a question of fact.
(3) The contents of anotification providing substantially the information specified in subdivision(1) of this section are sufficient, even if the notification includes:
a. Information notspecified by that subdivision; or
b. Minor errors thatare not seriously misleading.
(4) A particularphrasing of the notification is not required.
(5) The following formof notification and the form appearing in G.S. 25‑9‑614(3), whencompleted, each provides sufficient information:
NOTIFICATION OFDISPOSITION OF COLLATERAL
To: [Name of debtor, obligor, or otherperson to which the notification is sent]
From: [Name,address, and telephone number of secured party]
Nameof Debtor(s): [Include only if debtor(s) is/are not an addressee]
[For apublic disposition:]
Wewill sell [or lease or license, as applicable] the [describe collateral][to the highest qualified bidder] in public as follows:
Dayand Date:__________________________________
Time:__________________________________
Place:__________________________________
[For aprivate disposition:]
We willsell [or lease or license, as applicable] the [describe collateral] privatelysometime after [day and date].
Youare entitled to an accounting of the unpaid indebtedness secured by theproperty that we intend to sell [or lease or license, as applicable] [for acharge of $ _______]. You may request an accounting by calling us at [telephonenumber] (2000‑169,s. 1.)
