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9. Hank E. Pankie raises registered shorthorn cattle. Signatory Bank finances his operation. Signatory has a properly perfected security interest in Hank's cattle. 2014 was
9. Hank E. Pankie raises registered shorthorn cattle. Signatory Bank finances his operation. Signatory has a properly perfected security interest in Hank's cattle. 2014 was a rough year for Hank and by the end of the year he was facing severe financial trouble. In early 2015 , after several attempts to work things out, Hank defaulted on his operating loan with Signatory. Pursuant to the security agreement, Signatory repossessed Hank's cattle without giving him notice of the repossession and placed them with other livestock operations while seeking foreclosure. Is Signatory Bank's action proper? (a) No. Hank was entitled to notice despite what the security agreement may have stated. (b) Yes, if the security agreement allowed for lack of notice, and Signatory gave Hank time to cure the default and did not intend to harm Hank. But, Hank could be allowed an offset for any damage that might have occurred to the cattle and the calves against Signatory's claim if the other livestock owners failed to properly feed the cattle or bred them improperly. (c) Yes. Signatory has the right to take whatever action it deems necessary without providing notice to Hank because the livestock are synonymous with a perishable good. (d) No. When livestock are involved, the signature agreement cannot waive notice. 0. Charlie has orally leased 120 acres of farmland in Nemaha County, Kansas, from Tina for the past 5 years. Charlie grows crops on this farmland. The oral contract each year runs from March 1 through the last day of February. Tina decided she wanted to start farming again and decided to terminate Charlie's lease. On July 15th, 2016, Tina mailed notice to Charlie by certified mail of the terminated lease for the 2017 year. Charlie did not sign for the delivery and never saw the termination. Charlie had "heard rumors" that his lease might be terminated. He fled to Hawaii on the belief that if Tina did not notify him at least 30 days before March 1, she would not meet the Kansas statutory requirements of notice. Tina continued to try to contact Charlie but could not get personal service to him. Finally, on January 15th, 2017, Tina completed publication in the local newspaper that the lease would be terminated. Was Tina's notice in the newspaper effective to terminate the lease with Charlie? And if so, when does the lease terminate? If not, why? (a) Yes, and the lease terminates at the end of February of 2017. (b) No, because Tina failed to give Charlie personal service of the termination notice. (c) Yes, and the lease terminates at the end of the day on March 1, 2017. (d) No, because Kansas law requires 30 days notice to terminate an oral lease
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