| | | statement), 9-519 [Maine cite section 9-1519] (indexing of | | records). The new term, "as-extracted collateral," refers | | to the minerals and related accounts to which the special | | rules apply. The term "at the wellhead" encompasses | | arrangements based on a sale of the produce at the moment | | that it issues from the ground and is measured, without | | technical distinctions as to whether title passes at the | | "Christmas tree" of a well, the far side of a gathering | | tank, or at some other point. The term "at . . . the | | minehead" is comparable. |
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| | | The following examples explain the operation of these | | provisions. |
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| | | Example 5: Debtor owns an interest in oil that is to be | | extracted. To secure Debtor's obligations to Lender, Debtor | | enters into an authenticated agreement granting Lender an | | interest in the oil. Although Lender may acquire an interest in | | the oil under real-property law, Lender does not acquire a | | security interest under this Article until the oil becomes | | personal property, i.e., until is extracted and becomes "goods" | | to which this Article applies. Because Debtor had an interest in | | the oil before extraction and Lender's security interest attached | | to the oil as extracted, the oil is "as-extracted collateral." |
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| | | Example 6: Debtor owns an interest in oil that is to be | | extracted and contracts to sell the oil to Buyer at the wellhead. | | In an authenticated agreement, Debtor agrees to sell to Lender | | the right to payment from Buyer. This right to payment is an | | account that constitutes "as-extracted collateral." If Lender | | then resells the account to Financer, Financer acquires a | | security interest. However, inasmuch as the debtor-seller in | | that transaction, Lender, had no interest in the oil before | | extraction, Financer's collateral (the account it owns) is not | | "as-extracted collateral." |
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| | | Example 7: Under the facts of Example 6, before extraction, | | Buyer grants a security interest in the oil to Bank. Although | | Bank's security interest attaches when the oil is extracted, | | Bank's security interest is not in "as-extracted collateral," | | inasmuch as its debtor, Buyer, did not have an interest in the | | oil before extraction. |
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| | | 5. Receivables-related Definitions. |
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| | | a. "Account"; "Health-Care-Insurance Receivable"; "As- | | Extracted Collateral." The definition of "account" has been | | expanded and reformulated. It is no longer limited to | | rights to payment relating to goods or services. Many | | categories of rights to payment that were classified as |
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