LD 2245
pg. 98
Page 97 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 99 of 493
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LR 1087
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whatsoever. Determining the obligations secured by collateral is
solely a matter of construing the parties' agreement under
applicable law. This Article rejects the holdings of cases
decided under former Article 9 that applied other tests, such as
whether a future advance or other subsequently incurred
obligation was of the same or a similar type or class as earlier
advances and obligations secured by the collateral.

 
6. Sales of Receivables. Subsections (a) and (c) [Maine cite
subsections (1) and (3)] expressly validate after-acquired
property and future advance clauses not only when the transaction
is for security purposes but also when the transaction is the
sale of accounts, chattel paper, payment intangibles, or
promissory notes. This result was implicit under former Article
9.

 
7. Financing Statements. The effect of after-acquired
property and future advance clauses as components of a security
agreement should not be confused with the requirements applicable
to financing statements under this Article's system of perfection
by notice filing. The references to after-acquired property
clauses and future advance clauses in this section are limited to
security agreements. There is no need to refer to after-acquired
property or future advances or other obligations secured in a
financing statement. See Section 9-502 [Maine cite section 9-
1502], Comment 2.

 
§9-1205.__Use or disposition of collateral permissible

 
(1)__A security interest is not invalid or fraudulent against
creditors solely because:

 
(a)__The debtor has the right or ability to:

 
(i)__Use, commingle or dispose of all or part of the
collateral, including returned or repossessed goods;

 
(ii) Collect, compromise, enforce or otherwise deal
with collateral;

 
(iii) Accept the return of collateral or make
repossessions; or

 
(iv)__Use, commingle or dispose of proceeds; or

 
(b) The secured party fails to require the debtor to account
for proceeds or replace collateral.

 
(2)__This section does not relax the requirements of
possession if attachment, perfection or enforcement of a security


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