(a) If a security agreement covers both personal and real property, a secured party may proceed:
(1) under this part as to the personal property without prejudicing any rights with respect to the real property; or
(2) as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this part do not apply.
(b) Subject to subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:
(1) under this part; or
(2) in accordance with the rights with respect to real property, in which case the other provisions of this part do not apply.
(c) Subject to the other provisions of this part, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.
(d) A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Chapter 9 - Secured Transactions
Subpart 1 - Default and Enforcement of Security Interest
§ 4-9-602. Waiver and variance of rights and duties
§ 4-9-603. Agreement on standards concerning rights and duties
§ 4-9-604. Procedure if security agreement covers real property or fixtures
§ 4-9-605. Unknown debtor or secondary obligor
§ 4-9-606. Time of default for agricultural lien
§ 4-9-607. Collection and enforcement by secured party
§ 4-9-609. Secured party's right to take possession after default
§ 4-9-610. Disposition of collateral after default
§ 4-9-611. Notification before disposition of collateral
§ 4-9-612. Timeliness of notification before disposition of collateral
§ 4-9-613. Contents and form of notification before disposition of collateral: General
§ 4-9-615. Application of proceeds of disposition — Liability for deficiency and right to surplus
§ 4-9-616. Explanation of calculation of surplus or deficiency
§ 4-9-617. Rights of transferee of collateral
§ 4-9-618. Rights and duties of certain secondary obligors
§ 4-9-619. Transfer of record or legal title
§ 4-9-621. Notification of proposal to accept collateral
§ 4-9-622. Effect of acceptance of collateral