1. Except as provided in subsection 2, a secured party does not owe a duty based on its status as secured party: a. To a person that is a debtor or obligor, unless the secured party knows: (1) That the person is a debtor or obligor; (2) The identity of the person; and (3) How to communicate with the person; or b. To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows: (1) That the person is a debtor; and (2) The identity of the person. 2. A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later: a. The person is a debtor or obligor; and b. The secured party knows that the information in subdivision a of subsection 1 relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
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