LD 2245
pg. 42
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LR 1087
Item 1

 
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.

 
The following examples explain the operation of these
provisions.

 
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."

 
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."

 
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.

 
5. Receivables-related Definitions.

 
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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