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§490:9-502  Contents of financing statement; record of mortgage as financing statement; time of filing financing statement


Published: 2015

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     §490:9-502  Contents of financing statement;

record of mortgage as financing statement; time of filing financing statement. 

(a)  Subject to subsection (b), a financing statement is sufficient only if it:

     (1)  Provides the name of the debtor;

     (2)  Provides the name of the secured party or a

representative of the secured party; and

     (3)  Indicates the collateral covered by the financing

statement.

     (b)  Except as otherwise provided in section

490:9-501(b), to be sufficient, a financing statement that covers as-extracted

collateral or timber to be cut, or which is filed as a fixture filing and

covers goods that are or are to become fixtures, must satisfy subsection (a)

and also:

     (1)  Indicate that it covers this type of collateral;

     (2)  Indicate that it is to be filed for record in the

real property records;

     (3)  Provide a description of the real property to

which the collateral is related; and

     (4)  If the debtor does not have an interest of record

in the real property, provide the name of a record owner.

     (c)  A record of a mortgage is effective, from

the date of recording, as a financing statement filed as a fixture filing or as

a financing statement covering as-extracted collateral or timber to be cut only

if:

     (1)  The record indicates the goods or accounts that

it covers;

     (2)  The goods are or are to become fixtures related

to the real property described in the record or the collateral is related to

the real property described in the record and is as-extracted collateral or

timber to be cut;

     (3)  The record satisfies the requirements for a

financing statement in this section; provided that:

         (A)  The record need not indicate that it is to

be filed in the real property records; and

         (B)  The record sufficiently provides the name

of a debtor who is an individual if it provides the individual name of the

debtor or the surname and first personal name of the debtor, even if the debtor

is an individual to whom section 490:9-503(a)(4) applies; and

     (4)  The record is duly recorded.

     (d)  A financing statement may be filed before

a security agreement is made or a security interest otherwise attaches. [L

2000, c 241, pt of §1; am L 2012, c 33, §11]