(a) If so agreed, and in any event after default, a secured party:
May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
May take any proceeds to which the secured party is entitled under section 4-9-315;
May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
If it holds a security interest in a deposit account perfected by control under section4-9-104 (a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
If it holds a security interest in a deposit account perfected by control under section4-9-104 (a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
(b) If necessary to enable a secured party to exercise under paragraph (3) of subsection (a) of this section the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
A copy of the security agreement that creates or provides for a security interest in theobligation secured by the mortgage; and
The secured party's sworn affidavit in recordable form stating that:
(A) A default has occurred with respect to the obligation secured by the mortgage; and (B) The secured party is entitled to enforce the mortgage nonjudicially.
(c) A secured party shall proceed in a commercially reasonable manner if the secured party:
Undertakes to collect from or enforce an obligation of an account debtor or otherperson obligated on collateral; and
Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
A secured party may deduct from the collections made pursuant to subsection (c) ofthis section reasonable expenses of collection and enforcement, including reasonable attorney's fees and reasonable legal expenses incurred by the secured party.
This section does not determine whether an account debtor, bank, or other personobligated on collateral owes a duty to a secured party.
Source: L. 2001: Entire article R&RE, p. 1401, § 1, effective July 1. L. 2012: (b)(2)(A) amended, (HB 12-1262), ch. 170, p. 604, § 15, effective July 1, 2013.
Editor's note: This section is similar to former § 4-9-502 as it existed prior to 2001.