Nevada § 104.9207 - Rights and duties of secured party having possession or control of collateral

§ 104.9207. Rights and duties of secured party having possession or control of collateral

1. Except as otherwise provided in subsection 4, a secured party shall use reasonable

care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary

steps to preserve rights against prior parties unless otherwise agreed. 2. Except as otherwise provided in subsection 4, if a secured party has possession

of collateral: (a) Reasonable expenses, including the cost of insurance and payment of taxes or other

charges, incurred in the custody, preservation, use or operation of the collateral

are chargeable to the debtor and are secured by the collateral; (b) The risk of accidental loss or damage is on the debtor to the extent of a deficiency

in any effective insurance coverage; (c) The secured party shall keep the collateral identifiable, but fungible collateral

may be commingled; and (d) The secured party may use or operate the collateral: (1) For the purpose of preserving the collateral or its value; (2) As permitted by an order of a court having competent jurisdiction; or (3) Except in the case of consumer goods, in the manner and to the extent agreed by

the debtor. 3. Except as otherwise provided in subsection 4, a secured party having possession

of collateral or control of collateral under NRS 104.7106 , 104.9104 , 104.9105 , 104.9106 , 104.9107 or 104.910701 : (a) May hold as additional security any proceeds, except money or funds, received

from the collateral; (b) Shall apply money or funds received from the collateral to reduce the secured

obligation, unless remitted to the debtor; and (c) May create a security interest in the collateral. 4. If the secured party is a buyer of accounts, chattel paper, payment intangibles

or promissory notes or a consignor: (a) Subsection 1 does not apply unless the secured party is entitled under an agreement: (1) To charge back uncollected collateral; or (2) Otherwise to full or limited recourse against the debtor or a secondary obligor

based on the nonpayment or other default of an account debtor or other obligor on

the collateral; and (b) Subsections 2 and 3 do not apply.