LD 2245
pg. 96
Page 95 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 97 of 493
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LR 1087
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obligation only to the extent that it supports the collateral in
which the secured party has a security interest. Complex issues
may arise, however, if a supporting obligation supports many
separate obligations of a particular account debtor and if the
supported obligations are separately assigned as security to
several secured parties. The problems may be exacerbated if a
supporting obligation is limited to an aggregate amount that is
less than the aggregate amount of the obligations it supports.
This Article does not contain provisions dealing with competing
claims to a limited supporting obligation. As under former
Article 9, the law of suretyship and the agreements of the
parties will control.

 
9. Collateral Follows Right to Payment or Performance.
Subsection (g) [Maine cite subsection (7)] codifies the common-
law rule that a transfer of an obligation secured by a security
interest or other lien on personal or real property also
transfers the security interest or lien. See Restatement (3d),
Property (Mortgages) § 5.4(a) (1997). See also Section 9-308(e)
[Maine cite section 9-1308, subsection (5)] (analogous rule for
perfection).

 
10. Investment Property. Subsections (h) and (i) [Maine cite
subsections (8) and (9)] make clear that attachment of a security
interest in a securities account or commodity account is also
attachment in security entitlements or commodity contracts
carried in the accounts.

 
§9-1204.__After-acquired property; future advances

 
(1)__Except as otherwise provided in subsection (2), a
security agreement may create or provide for a security interest
in after-acquired collateral.

 
(2)__A security interest does not attach under a term
constituting an after-acquired property clause to:

 
(a) Consumer goods, other than an accession when given as
additional security, unless the debtor acquires rights in
them within 10 days after the secured party gives value; or

 
(b) A commercial tort claim.

 
(3)__A security agreement may provide that collateral secures,
or that accounts, chattel paper, payment intangibles or
promissory notes are sold in connection with future advances or
other value whether or not the advances or value are given
pursuant to commitment.


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