LD 2245
pg. 77
Page 76 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 78 of 493
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LR 1087
Item 1

 
(i) Section 9-1340 applies with respect to the
effectiveness of rights of recoupment or setoff against
deposit accounts; and

 
(ii) Section 9-1404 applies with respect to defenses or
claims of an account debtor;

 
(k)__The creation or transfer of an interest in or lien on
real property, including a lease or rents thereunder, except
to the extent that provision is made for:

 
(i)__Liens on real property in sections 9-1203 and 9-
1308;

 
(ii)__Fixtures in section 9-1334;

 
(iii)__Fixture filings in sections 9-1501, 9-1502, 9-
1512, 9-1516 and 9-1519; and

 
(iv)__Security agreements covering personal and real
property in section 9-1604;

 
(l)__An assignment of a claim arising in tort, other than a
commercial tort claim, but sections 9-1315 and 9-1322 apply
with respect to proceeds and priorities in proceeds; or

 
(m)__An assignment of a deposit account in a consumer
transaction, but sections 9-1315 and 9-1322 apply with
respect to proceeds and priorities in proceeds.

 
Official Comment

 
1. Source. Former Sections 9-102, 9-104.

 
2. Basic Scope Provision. Subsection (a)(1) [Maine cite
subsection (1), paragraph (a)] derives from former Section 9-
102(1) and (2). These subsections have been combined and
shortened. No change in meaning is intended. Under subsection
(a)(1) [Maine cite subsection (1), paragraph (a)], all consensual
security interests in personal property and fixtures are covered
by this Article, except for transactions excluded by subsections
(c) and (d) [Maine cite subsections (3) and (4)]. As to which
transactions give rise to a "security interest," the definition
of that term in Section 1-201 must be consulted. When a security
interest is created, this Article applies regardless of the form
of the transaction or the name that parties have given to it.

 
3. Agricultural Liens. Subsection (a)(2) [Maine cite
subsection (1), paragraph (b)] is new. It expands the scope of


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