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810 ILCS 5/9-601 (810 ILCS 5/9-601) (Text of Section before amendment by P.A. 103-1036) Sec. 9-601. Rights after default; judicial enforcement; consignor or
buyer of accounts, chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after default. After default, a secured
party has the rights provided in this Part and, except as otherwise provided in
Section 9-602, those provided by agreement of the parties. A secured party: (1) may reduce a claim to judgment, foreclose, or | | otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
|
| (2) if the collateral is documents, may proceed
| | either as to the documents or as to the goods they cover.
|
| (b) Rights and duties of secured party in possession or control.
A secured party in possession of collateral or control of collateral under Section
7-106, 9-104, 9-105, 9-106, or 9-107 has the rights and duties provided in Section 9-207.
(c) Rights cumulative; simultaneous exercise. The rights under
subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in
subsection (g) and Section 9-605, after default, a debtor and an obligor have
the
rights provided in this Part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its
claim to judgment, the lien of any levy that may be made upon the collateral by
virtue of a judgment relates back to the earliest of:
(1) the date of perfection of the security interest
| | or agricultural lien in the collateral;
|
| (2) the date of filing a financing statement covering
| | (3) any date specified in a statute under which the
| | agricultural lien was created.
|
| (f) Execution sale. A sale pursuant to a judgment is a foreclosure
of the security interest or agricultural lien by judicial procedure within the
meaning
of this Section. A secured party may purchase at the sale and thereafter hold
the
collateral free of any other requirements of this Article.
(g) Consignor or buyer of certain rights to payment. Except as
otherwise provided in Section 9-607(c), this Part imposes no duties upon a
secured
party that is a consignor or is a buyer of accounts, chattel paper, payment
intangibles, or promissory notes.
(Source: P.A. 95-895, eff. 1-1-09.)
(Text of Section after amendment by P.A. 103-1036)
Sec. 9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this Part and, except as otherwise provided in Section 9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or
| | otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
|
| (2) if the collateral is documents, may proceed
| | either as to the documents or as to the goods they cover.
|
| (b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under Section 7-106, 9-104, 9-105, 9-105A, 9-106, 9-107, or 9-107A has the rights and duties provided in Section 9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and Section 9-605, after default, a debtor and an obligor have the rights provided in this Part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of a judgment relates back to the earliest of:
(1) the date of perfection of the security interest
| | or agricultural lien in the collateral;
|
| (2) the date of filing a financing statement covering
| | (3) any date specified in a statute under which the
| | agricultural lien was created.
|
| (f) Execution sale. A sale pursuant to a judgment is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this Section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in Section 9-607(c), this Part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(Source: P.A. 103-1036, eff. 1-1-25.)
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