CONTENTS AND FORM OF NOTIFICATION
BEFORE DISPOSITION OF COLLATERAL: GENERAL
Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are sufficient if the notification:
(A)describes the debtor and the secured party;
(B)describes the collateral that is the subject of the intended disposition;
(C)states the method of intended disposition;
(D)states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(E)states the time and place of a public disposition or the time after which any other disposition is to be made.
(2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) of this section are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified in paragraph (1) of this section are sufficient, even if the notification includes:
(A)information not specified by that paragraph; or
(B)minor errors that are not seriously misleading.
(4) A particular phrasing of the notification is not required.
(5) The following form of notification and the form appearing in paragraph (3) of Section 1-9-614 of this title, when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To:[Name of debtor, obligor, or other person to which the notification is sent]
____________________________________________________
____________________________________________________
From:[Name, address, and telephone number of secured party]
____________________________________________________
____________________________________________________
Name of Debtor(s):
[Include only if debtor(s) are not an addressee]
____________________________________________________
[For a public disposition:]
We will sell [or lease or license, as applicable] the [describe collateral] __________________ [to the highest qualified bidder] in public as follows:
Day and Date:_________________
Time:_________________
Place:_________________
[For a private disposition:]
We will sell [or lease or license, as applicable] the [describe collateral] __________________ privately sometime after [day and date] ________________.
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] [for a charge of $_____________ ]. You may request an accounting by calling us at [telephone number] ________________.
[End of Form]
Added by Laws 2000, c. 371, § 120, eff. July 1, 2001.