West Virginia Code § 46-9-607

Collection and enforcement by secured party
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(a) Collection and enforcement generally. -- If so agreed, and in any event after default, a
secured party:
(1) May notify an account debtor or other person obligated on collateral to make payment or
otherwise render performance to or for the benefit of the secured party;
(2) May take any proceeds to which the secured party is entitled under section 9-315;
(3) May enforce the obligations of an account debtor or other person obligated on collateral
and exercise the rights of the debtor with respect to the obligation of the account debtor or
other person obligated on collateral to make payment or otherwise render performance to
the debtor, and with respect to any property that secures the obligations of the account
debtor or other person obligated on the collateral; a
(4) If it holds a security interest in a deposit accounlt perfected by control under section
9-104(a)(1), may apply the balance of the deposit account to the obligation secured by the
deposit account; and
(5) If it holds a security interest in a deposit account perfected by control under section
9-104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for
the benefit of the secured party.
(b) Nonjudicial enforcement of mortgage. -- If necessary to enable a secured party to
exercise under subsection (a)(3) of this section the right of a debtor to enforce a mortgage
nonjudicially, the secured party may record in the office in which a record of the mortgage is
recorded:
(1) A copy of the security agreement that creates or provides for a security interest in the
obligation secured by the mortgage; and
(2) The secured party's sworn affidavit in recordable form stating that:
(A) A default has occurred with respect to the obligation secured by the mortgage; and
(B) The secured party is entitled to enforce the mortgage nonjudicially.
(c) Commercially reasonable collection and enforcement. -- A secured party shall proceed in
a commercially reasonable manner if the secured party:
(1) Undertakes to collect from or enforce an obligation of an account debtor or other person
obligated on collateral; and
(2) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse
against the debtor or a secondary obligor.
(d) Expenses of collection and enforcement. -- A secured party may deduct from the
collections made pursuant to subsection (c) of this section reasonable expenses of collection
and enforcement, including reasonable attorney's fees and legal expenses incurred by the
secured party.
(e) Duties to secured party not affected. -- This section does not determine whether an
account debtor, bank or other person obligated on collateral owes a duty to ea secured party.

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