Page:United States Statutes at Large Volume 77.djvu/796

 764

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

(4) A filing officer shall mark each statement with a consecntive file nmnber and with the date and hour of filing and shall hold the statement for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor gi^-en in the statement. (5) The uniform fee for filing, indexing and furnishing filing data for an original or a continuation statement shall be $2.00. § 28:9—404. Termination statement (1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must on written demand by the debtor send the debtor a statement that he no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must include or be accompanied by the assignment or a statement by the secured party of record that he has assigned the security interest to the signer of the termination statement. The uniform fee for filing and indexing such an assignment or statement thereof shall be $2.00. If the affected secured party fails to send such a termination statement within ten days after proper demand therefor he shall be liable to the debtor for one hundred dollars, and in addition for any loss caused to the debtor by such failure. (2) On presentation to the filing officer of such a termination statement he must note it in the index. The tiling officer shall remove from the files, mark "terminated'" and send or deliver to the secured party the financing statement and any continuation statement, statement of assignment or statement of release pertaining thereto. (3) The uniform fee for filing and indexing a termination statement including sending or delivering the financing statement shall be $2.00. §28:9—405. Assignment of security interest; duties of filing officer; fees (1) A financing statement may disclose an assignment of a security interest in the collateral described in the statement by indication in the statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. Either the original secured party or the assignee may sign this statement as the secured party. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in section 28:9—103(4). The uniform fee for filing, indexing and furnishing filing data for a financing statement so indicating an assignment shall be $2.00. (2) A secured party may assign of record all or a part of his rights under a financing statement by the filing of a. separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. He shall note the assignment on the index of the financing statement., The uniform fee for filing, indexing and furnishing filing data about such a separate statement of assignment shall be$2.00. (3) After the disclosure or filing of an assignment under this section, the assignee is the secured party of record.

�