MARVIN MANDEL, Governor                                 153

to pay a sum certain in money and no other promise,
order, obligation or power given by the maker or drawer
except as authorized by this [subtitle] TITLE; and

(c)   Be payable on demand or at a definite
time; and

(d)   Be payable to order or to bearer.

(2)    A writing which complies with the requirements
of this section is

(a)   A "draft" ("bill of exchange") if it is
an order;

(b)    A "check" if it is a draft drawn on a
bank and payable on demand;

(c)   A "certificate of deposit" if it is an
acknowledgment by a bank of receipt of money with an
engagement to repay it;

(d)   A "note" if it is a promise other than a
certificate of deposit.

(3)    As used in other [subtitles] TITLES of this
article, and as the context may require, the terms
"draft," "check," "certificate of deposit" and "note" may
refer to instruments which are not negotiable within this
[subtitle] TITLE as well as to instruments which are so
negotiable.

3—105. When promise or order unconditional.

(1) A promise or order otherwise unconditional is
not made conditional by the fact that the instrument

(a)    Is subject to implied or constructive
conditions; or

(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 acceleration; or

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

(e) States that it is secured, whether by