U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
Search for cases
Indicates required field
Search by keyword or citation
Indicates required field
Search blogs, article pages, and cases and codes
Indicates required field
Current as of January 01, 2022 | Updated by FindLaw Staff
(a) If a security agreement covers both personal and real property, a secured party may proceed
(1) under AS 45.29.601--45.29.628 as to the personal property without prejudicing any rights with respect to the real property; or
(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of AS 45.29.601--45.29.628 do not apply.
(b) Subject to (c) of this section, if a security agreement covers goods that are or become fixtures, a secured party may proceed
(1) under AS 45.29.601--45.29.628; or
(2) in accordance with the rights with respect to real property, in which case the other provisions of AS 45.29.601--45.29.628 do not apply.
(c) Subject to the other provisions of AS 45.29.601--45.29.628, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(d) A secured party that removes collateral shall promptly reimburse an encumbrancer or owner of the real property, other than the debtor, for the cost of repair of physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for diminution in value of the real property caused by the absence of the goods removed or by the necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Cite this article: FindLaw.com - Alaska Statutes Title 45. Trade and Commerce § 45.29.604. Procedure if security agreement covers real property or fixtures - last updated January 01, 2022 | https://codes.findlaw.com/ak/title-45-trade-and-commerce/ak-st-sect-45-29-604/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)