LD 2245
pg. 57
Page 56 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 58 of 493
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LR 1087
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under Section 9-312(e) [Maine cite section 9-1312, subsection
(5)] and with respect to chattel paper priority in Section 9-330
[Maine cite section 9-1330].

 
22. "Person Related To." Section 9-615 [Maine cite section
9-1615] provides a special method for calculating a deficiency or
surplus when "the secured party, a person related to the secured
party, or a secondary obligor" acquires the collateral at a
foreclosure disposition. Separate definitions of the term are
provided with respect to an individual secured party and with
respect to a secured party that is an organization. The
definitions are patterned on the corresponding definition in
Section 1.301(32) of the Uniform Consumer Credit Code (1974).

 
23. "Proposal." This definition describes a record that is
sufficient to propose to retain collateral in full or partial
satisfaction of a secured obligation. See Sections 9-620, 9-621,
9-622 [Maine cite sections 9-1620, 9-1621, 9-1622].

 
24. "Pursuant to Commitment." This definition is unchanged
in substance from the corresponding definition in former Section
9105. It is used in connection with special priority rules
applicable to future advances. See Section 9-323 [Maine cite
section 9-1323].

 
25. "Software." The definition of "software" is used in
connection with the priority rules applicable to purchase-money
security interests. See Sections 9-103, 9-324 [Maine cite
sections 9-1103, 9-1324]. Software, like a payment intangible,
is a type of general intangible for purposes of this Article.

 
26. Terminology: "Assignment" and "Transfer." In numerous
provisions, this Article refers to the "assignment" or the
"transfer" of property interests. These terms and their
derivatives are not defined. This Article generally follows
common usage by using the terms "assignment" and "assign" to
refer to transfers of rights to payment, claims, and liens and
other security interests. It generally uses the term "transfer"
to refer to other transfers of interests in property. Except
when used in connection with a letter-of-credit transaction (see
Section 9-107 [Maine cite section 9-1107], Comment 4), no
significance should be placed on the use of one term or the
other. Depending on the context, each term may refer to the
assignment or transfer of an outright ownership interest or to
the assignment or transfer of a limited interest, such as a
security interest.

 
§9-1103.__Purchase-money security interest; application of

 
payments; burden of establishing


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