|
(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. |
|
| | 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 |
|
|