LD 2245
pg. 91
Page 90 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 92 of 493
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LR 1087
Item 1

 
proceeds; supporting obligations; formal requisites

 
(1)__A security interest attaches to collateral when it
becomes enforceable against the debtor with respect to the
collateral, unless an agreement expressly postpones the time of
attachment.

 
(2)__Except as otherwise provided in subsections (3) through
(9), a security interest is enforceable against the debtor and
3rd parties with respect to the collateral only if:

 
(a) Value has been given;

 
(b) The debtor has rights in the collateral or the power to
transfer rights in the collateral to a secured party; and

 
(c) One of the following conditions is met:

 
(i) The debtor has authenticated a security agreement
that provides a description of the collateral and, if
the security interest covers timber to be cut, a
description of the land concerned;

 
(ii) The collateral is not a certificated security and
is in the possession of the secured party under section
9-1313 pursuant to the debtor's security agreement;

 
(iii) The collateral is a certificated security in
registered form and the security certificate has been
delivered to the secured party under section 8-1302
pursuant to the debtor's security agreement; or

 
(iv) The collateral is deposit accounts, electronic
chattel paper, investment property, or letter-of-credit
rights, and the secured party has control under
sections 9-1104, 9-1105, 9-1106 or 9-1107 pursuant to
the debtor's security agreement.

 
(3)__Subsection (2) is subject to section 4-210 on the
security interest of a collecting bank, section 5-1118 on the
security interest of a letter-of-credit issuer or nominated
person, section 9-1110 on a security interest arising under
Article 2 or 2-A, and section 9-1206 on security interests in
investment property.

 
(4)__A person becomes bound as debtor by a security agreement
entered into by another person if, by operation of law other than
this Article or by contract:


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