A New Mexico Security Agreement involving the sale of collateral by a debtor is a legal document that outlines the terms and conditions of a financial arrangement where a debtor pledges their collateral to secure a loan or debt. The agreement authorizes the debtor to sell the collateral in the event of default, enabling them to repay the owed amount. The main objective of a New Mexico Security Agreement involving the sale of collateral is to provide security to the creditor, ensuring that they have a legal claim to the collateral in case of non-payment or default by the debtor. It grants the creditor certain rights and remedies if the debtor fails to meet their obligations, allowing them to recover the outstanding debt by selling the collateral. In New Mexico, there are a few variations of Security Agreements involving the sale of collateral by a debtor that cater to specific needs and circumstances. Some common types include: 1. Purchase Money Security Agreement (PSA): This type of agreement is typically used when the debtor seeks financing to acquire specific collateral. For example, if an individual takes out a loan to purchase a car, the lender may require a PSA, stating that the car is collateral for the loan. If the debtor fails to make payments, the lender can retain ownership of the vehicle by utilizing the provisions of the agreement. 2. Floating Lien Security Agreement: A floating lien security agreement covers collateral that may change over time, such as inventory, accounts receivable, or equipment. It allows the debtor to use the specified assets as collateral for multiple financing transactions without needing to create a new agreement each time. This arrangement offers flexibility to both parties, as the debtor can access additional financing while the creditor maintains a security interest over a fluctuating pool of collateral. 3. Real Estate Security Agreement: This type of agreement involves the use of real estate as collateral for the debt. It grants the creditor a security interest in the property, allowing them to foreclose and sell it to recover the outstanding debt should the debtor default. Real estate security agreements usually involve mortgages or deeds of trust and include specific provisions tailored to property-related transactions. Overall, regardless of the type, a New Mexico Security Agreement involving the sale of collateral by a debtor serves to protect the interests of both the creditor and debtor. It establishes clear guidelines for the sale of collateral if necessary, ensuring a fair and legally binding arrangement. It is crucial for all parties involved to carefully review and understand the terms of the agreement before entering into any such transaction.