Montana Code 30-9A-618. Rights and duties of certain secondary obligors
30-9A-618. Rights and duties of certain secondary obligors. (1) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
Terms Used In Montana Code 30-9A-618
- Collateral: means the property subject to a security interest or agricultural lien. See Montana Code 30-9A-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
(A)owes payment or other performance of the obligation;
(B)has provided property other than the collateral to secure payment or other performance of the obligation; or
(C)is otherwise accountable in whole or in part for payment or other performance of the obligation. See Montana Code 30-9A-102
- Secondary obligor: means an obligor to the extent that:
(i)the obligor's obligation is secondary; or
(ii)the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Montana Code 30-9A-102
- Secured party: means :
(i)a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
(ii)a person that holds an agricultural lien;
(iii)a consignor;
(iv)a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;
(v)a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or
(vi)a person that holds a security interest arising under 30-2-401, 30-2-505, 30-2-711(3), 30-2A-508(5), 30-4-208, or 30-5-118. See Montana Code 30-9A-102
(a)receives an assignment of a secured obligation from the secured party;
(b)receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or
(c)is subrogated to the rights of a secured party with respect to collateral.
(2)An assignment, transfer, or subrogation described in subsection (1):
(a)is not a disposition of collateral under 30-9A-610; and
(b)relieves the secured party of further duties under this chapter.