LD 2245
pg. 303
Page 302 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 304 of 493
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LR 1087
Item 1

 
that are or are to become fixtures and the financing
statement is not filed as a fixture filing.

 
(2)__The office in which to file a financing statement to
perfect a security interest in collateral, including fixtures, of
a transmitting utility is the office of the Secretary of State.__
The financing statement also constitutes a fixture filing as to
the collateral indicated in the financing statement that is or is
to become fixtures.

 
Official Comment

 
1. Source. Derived from former Section 9-401.

 
2. Where to File. Subsection (a) [Maine cite subsection (1)]
indicates where in a given State a financing statement is to be
filed. Former Article 9 afforded each State three alternative
approaches, depending on the extent to which the State desires
central filing (usually with the Secretary of State), local
filing (usually with a county office), or both. As Comment 1 to
former Section 9-401 observed, "The principal advantage of
statewide filing is ease of access to the credit information
which the files exist to provide. Consider for example the
national distributor who wishes to have current information about
the credit standing of the thousands of persons he sells to on
credit. The more completely the files are centralized on a
statewide basis, the easier and cheaper it becomes to procure
credit information; the more the files are scattered in local
filing units, the more burdensome and costly." Local filing
increases the net costs of secured transactions also by
increasing uncertainty and the number of required filings. Any
benefit that local filing may have had in the 1950's is now
insubstantial. Accordingly, this Article dictates central filing
for most situations, while retaining local filing for real-
estate-related collateral and special filing provisions for
transmitting utilities.

 
3. Minerals and Timber. Under subsection (a)(1) [Maine cite
subsection (1), paragraph (a)], a filing in the office where a
record of a mortgage on the related real property would be filed
will perfect a security interest in as-extracted collateral.
Inasmuch as the security interest does not attach until
extraction, the filing continues to be effective after
extraction. A different result occurs with respect to timber to
be cut, however. Unlike as-extracted collateral, standing timber
may be goods before it is cut. See Section 9-102 [Maine cite
section 9-1102] (defining "goods"). Once cut, however, it is no
longer timber to be cut, and the filing in the real-property-
mortgage office ceases to be effective. The timber


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