J. MILLARD TAWES, Governor                      835

(b)  states its consideration, whether performed or promised, or
the transaction which gave rise to the instrument, or that the promise
or order is made or the instrument matures in accordance with or
"as per" such transaction; or

(c)  refers to or states that it arises out of a separate agreement or
refers to a separate agreement for rights as to prepayment or ac-
celeration; or

(d)  states that it is drawn under a letter of credit; or

(e)  states that is is secured, whether by mortgage, reservation of
title or otherwise; or

(f)  indicates a particular account to be debited or any other fund
or source from which reimbursement is expected; or

(g)  is limited to payment out of a particular fund or the proceeds
of a particular source, if the instrument is issued by a government
or governmental agency or unit; or

(h) is limited to payment out of the entire assets of a partnership,
unincorporated association, trust or estate by or on behalf of which
the instrument is issued.

(2) A promise or order is not unconditional if the instrument

(a)  states that it is subject to or governed by any other agree-
ment; or

(b)  states that it is to be paid only out of a particular fund or
source except as provided in this section.

3—106. Sum Certain.

(1)   The sum payable is a sum certain even though it is to be paid

(a)  with stated interest or by stated installments; or

(b)  with stated different rates of interest before and after default
or a specified date; or

(c)  with a stated discount or addition if paid before or after the
date fixed for payment; or

(d)  with exchange or less exchange, whether at a fixed rate or at
the current rate; or

(e)  with costs of collection or an attorney's fee or both upon de-
fault.

(2)  Nothing in this section shall validate any term which is other-
wise illegal.

3—107. Money.

(1)  An instrument is payable in money if the medium of exchange
in which it is payable is money at the time the instrument is made.
An instrument payable in "currency" or "current funds" is payable
in money.

(2)  A promise or order to pay a sum stated in a foreign currency
is for a sum certain in money and, unless a different medium of pay-
ment is specified in the instrument, may be satisfied by payment of