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Chapter 5

Form 5-3

This form may be used to notify the debtor, any secondary obligor, and other secured parties in any transaction other than a consumer-goods transaction. See Tex. Bus. & Com. Code § 9.613. The notice should be sent to each party by certified mail, return receipt requested. This form may be used in con­nection with either a public or a private sale. For a form to be used in consumer transactions, see form 5-4 in this chapter.

Notification of Disposition of Collateral

To: [name and address of debtor, obligor, or other notice recipient]

From: [name, address, and telephone number of secured party]

Include the following in a notice to persons other than the debtor.

Name[s] of Debtor[s]: [name[s] of debtor[s]]

Select the following for a public sale.

We will [sell/lease/license] the [describe collateral] [include if applicable: to the highest qualified bidder] in public as follows:

Date: [date of sale]

Time: [time of sale]

Place: [physical address of sale]

Select the following for a private sale.

We will [sell/lease/license] the [describe collateral] privately sometime after [day and date]. A sale could include a lease or license.

Continue with the following.

You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to [sell/lease/license] [include if applicable: for a charge of $[amount]]. You may request an accounting by calling us at [telephone number].

   
[Name of attorney]

Certified Mail No. [number]

Return Receipt Requested

c:   [name of creditor]