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Luxury Events, a wedding reception business, purchased freehold land, which had an existing tenant, Riverbank Retreat, also a wedding reception business. The Riverbank Retreat tenancy
Luxury Events, a wedding reception business, purchased freehold land, which had an existing tenant, Riverbank Retreat, also a wedding reception business. The Riverbank Retreat tenancy was terminated and Luxury Events agreed to acquire some of their equipment including a large outdoor gazebo that had been permanently installed on the grounds near the riverbank worth $50,000, a range of tables, chairs and tableware worth $40,000, two golf carts worth $10,000 each and two vans worth $25,000 each. The terms of the sale were that Luxury Events would pay Riverbank Retreat in 12 equal instalments over the next 12 months and that title in the equipment would not pass until the last payment was made. Riverbank Retreat registered a security interest in each of the equipment sold to Luxury Events. Luxury Events has a bank account with Big Bucks Bank but also had an existing bank account with Golds Bank which had over $30,000 in a savings account. Golds Bank provided Luxury Events with a line of credit and had a security interest over all Luxury Events present and after acquired property registered. Golds Bank registered a security interest over all Luxury Events' present and after acquired property. Because of Covid cancellations, Luxury Events was struggling nancially. It sold the tables, chairs and tableware on Facebook Marketplace for $25,000 and put that money in its Big Bucks Bank account. Assume that the registered nance agreement over the tables, chairs and tableware expressly prohibits the sale of the property. With the sale of the equipment on Facebook Marketplace, does this extinguish all security interests in the collateral? 0 Yes, pursuant to s 34 the security interest is extinguished. O No, pursuant to s 32 the security interest attaches to the collateral and proceeds. O Yes, pursuant to s 32 the security interest is extinguished. O No, pursuant to s 34 the security interest attaches to the collateral and proceeds
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