Ponca Tribe of Nebraska Tribal Code
Title XIII. Secured Transactions Act
Chapter 2. Effectiveness, Attachment and Rights of Parties
(a) Except as otherwise provided in this Act or other applicable law, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
(b) A transaction subject to this Act is subject to any applicable rule of law which establishes a different rule for consumers and
(1) any other applicable tribal, federal or state statute or regulation that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit; and
(2) any consumer-protection statute or regulation.
(c) In case of conflict between this Act and a rule of law, statute, or regulation described in Subsection (b), the rule of law, statute, or regulation prevails.
Ponca Tribe of Nebraska Code § 13-2-1, PTN Code § 13-2-1
(a) A security interest attaches to collateral when it becomes enforceable against the debtor with respect to the collateral, unless an agreement expressly postpones the time of attachment.
(b) Except as otherwise provided in Subsections (c) through (g), a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) value has been given;
(2) the debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and
(3) one of the following conditions is met:
(A) the debtor has signed a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned;
(B) the collateral is in the possession of the secured party pursuant to the debtor's security agreement and this Act; or
(C) the collateral is a security or an investment account and the secured party has control pursuant to the debtor's security agreement.
(c) Subsection (b) is subject to a collecting bank's interest in items under applicable law or agreement, any recognized security interest of a letter-of-credit issuer or nominated person under applicable law or agreement, a security interest arising under recognized sales and leases law, and a security interest in a security or in an investment account arising due to the purchase or delivery of the financial asset.
(d) The attachment of a security interest in collateral gives the secured party the rights to proceeds provided by this Act.
(e) The attachment of a security interest in a right to payment or performance secured by a security interest, mortgage or other lien on personal or real property is also attachment of a security interest in the security interest, mortgage, or other lien.
(f) The attachment of a security interest in an investment account is also attachment of a security interest in any securities or commodity contracts credited to the investment account.
(g) Law other than this Act determines when and if another person becomes bound by a security agreement entered into by a debtor.
Ponca Tribe of Nebraska Code § 13-2-2, PTN Code § 13-2-2
(a) Except as otherwise provided in Subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.
(b) A security interest does not attach under a term constituting an after-acquired property clause to:
(1) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or
(2) a commercial tort claim.
(c) A security agreement may provide that collateral secures or that accounts, chattel paper, or payment intangibles are sold in connection with future advances or other value, whether or not the advances or value are given pursuant to commitment.
Ponca Tribe of Nebraska Code § 13-2-3, PTN Code § 13-2-3
(a) A secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession.
(b) A secured party having possession or control of securities or control of an investment account may create a security interest in the collateral.
(c) If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor, subsection (a) does not apply unless the secured party is entitled under an agreement:
(1) to charge back uncollected collateral; or
(2) otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral.
Ponca Tribe of Nebraska Code § 13-2-4, PTN Code § 13-2-4
(a) This section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within ten (10) tribal business days after receiving a signed demand by the debtor, a secured party having control of an investment account shall send to the investment intermediary with which the investment account is maintained a signed statement that releases the investment intermediary from any further obligation to comply with instructions originated by the secured party.
(c) Within ten (10) tribal business days after receiving a signed demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under the provisions of this Act dealing with discharge of an account debtor and notification of an assignment, a signed record that releases the account debtor from any further obligation to the secured party. However, this subsection does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
Ponca Tribe of Nebraska Code § 13-2-5, PTN Code § 13-2-5
(a) A debtor may sign a record indicating what the debtor believes to be the aggregate amount of unpaid indebtedness as of specified date and send it to the secured party with a request that the statement be approved or corrected and returned to the debtor. When the security agreement or any other record kept by the secured party identifies the collateral a debtor may similarly request the secured party to approve or correct a list of the collateral.
(b) A secured party, other than a buyer of accounts, chattel paper, payment intangibles or promissory notes or a consignor, must comply with such a request within ten (10) tribal business days after receipt by sending a written correction or approval. If the secured party claims a security interest in all of a particular type of collateral owned by the debtor the secured party may indicate that fact in the reply and need not approve or correct an itemized list of such collateral. If the secured party no longer has an interest in the obligation or collateral at the time the request is received, the secured party must disclose the name and address of any known successor in interest. A successor in interest is not subject to this section until a request is received by the successor.
(c) A debtor is entitled to such statement once every six (6) months without charge. The secured party may require payment of a charge not exceeding $25 for each additional statement furnished.
Ponca Tribe of Nebraska Code § 13-2-6, PTN Code § 13-2-6 s