Form 18-18

For a general discussion of the action to foreclose a security interest, see section 14.28 in this manual. A deficiency suit is discussed at section 14.29. Interrogatory number 3. may be used if another party claims a security interest in the same collateral.

Pattern Interrogatories—Foreclosure of Security Interest or Deficiency Judgment

1.With reference to the original of the attached document titled “Security Agree­ment,” a copy of which is attached as Exhibit [exhibit number/letter], state or identify:

a.The party executing the Security Agreement.

b.The date of its execution.

c.The place of its execution.

d.The name and address of each person present at the time of its execution.

e.The name of the person to whom the Security Agreement was delivered or, if the Security Agreement was not delivered, what was done with the Security Agreement after its execution.

f.The person owning the collateral described in the Security Agreement at the time of its execution.

g.Each person claiming an interest in the collateral described in the Security Agreement, the date when each such interest was created, and the nature of each interest.

h.The present location of the collateral described in the Security Agreement and the person who presently has control over the collateral.

i.The name and address of every company insuring the collateral described in the Security Agreement, the date of each policy of insurance, the number of each policy of insurance, the kind of insurance, the name and address of the insured and the loss payee of each policy, the amount of each policy, and the present status of each policy.

j.The date and amount of each payment made on the obligation described in the Security Agreement, the form of each payment, the name and address of the party making each payment, and the name and address of the party to whom each payment was made.

2.With reference to the original of the document titled “Financing Statement,” a copy of which is attached as Exhibit [exhibit number/letter], state or identify:

a.The party executing the Financing Statement.

b.The date of its execution.

c.The place of its execution.

d.Each person present at the time of its execution.

e.The person to whom the Financing Statement was delivered after execution.

3.With reference to the collateral described in the Security Agreement, state or iden­tify:

a.Each person having an interest in the collateral on [date of execution of secu­rity agreement].

b.The person having possession of the collateral on [date of execution of secu­rity agreement].

c.Each date on which possession of the collateral was transferred, each trans­feree, the purpose of each transfer, and each person present at the time each transfer occurred.

d.Each person claiming any interest in the collateral at the time of answering these interrogatories and the nature of the interest claimed by each such per­son.