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NEW HAMPSHIRE STATUTES AND CODES

Section 382-A:9-613 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) are nevertheless sufficient is a question of fact.
         (3) The contents of a notification providing substantially the information specified in paragraph (1) 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 Section 9-614(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
   To: [Name of debtor, obligor, or other person to whom the notification is sent]
   From: [Name, address and telephone number of secured party]
   Name of Debtor(s): [Include only if debtor(s) is 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]

Source. 2001, 102:25, eff. July 1, 2001.

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