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:

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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.