North Dakota § 41-09-106 (9-609) Secured party's right to take possession after default

North Dakota Statutes

§ 41-09-106 — (9-609) Secured party's right to take possession after default

North Dakota § 41-09-106

Title 41Uniform Commercial Code

Ch. 41-09Secured Transactions

This text of North Dakota § 41-09-106 ((9-609) Secured party's right to take possession after default) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-09-106 (2026).

Text

1.After default, a secured party:

a.May take possession of the collateral; and

b.Without removal, may render equipment unusable and dispose of collateral on a debtor's premises under section 41-09-107.

2.A secured party may proceed under subsection 1:

a.Pursuant to judicial process; or

b.Without judicial process, if it proceeds without breach of the peace.

3.If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

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1. After default, a secured party:
a. May take possession of the collateral; and
b. Without removal, may render equipment unusable and dispose of collateral on a
debtor's premises under section 41-09-107.
2. A secured party may proceed under subsection 1:
a. Pursuant to judicial process; or
b. Without judicial process, if it proceeds without breach of the peace.
3. If so agreed, and in any event after default, a secured party may require the debtor to
assemble the collateral and make it available to the secured party at a place to be
designated by the secured party which is reasonably convenient to both parties.