MARVIN MANDEL, Governor

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of banking.

(5)    "Bearer" means the person in possession of an
instrument, document of title, or security payable to
bearer or indorsed in blank.

(6)    "Bill of lading" means a document evidencing
the receipt of goods for shipment issued by a person
engaged in the business of transporting or forwarding
goods, and includes an airbill. "airbill" means a
document serving for air transportation as a bill of
lading does for marine or rail transportation, and
includes an air consignment note or air waybill.

(7)    "Branch" includes a separately incorporated
foreign branch of a bank.

(8)   "Burden of establishing" a fact means the
burden of persuading the triers of fact that the
existence of the fact is more probable than its
non—existence.

(9)    "Buyer in ordinary course of business" means a
person who in good faith and without knowledge that the
sale to him is in violation of the ownership rights or
security interest of a third party in the goods buys in
ordinary course from a person in the business of selling
goods of that kind but does not include a pawnbroker.
"Buying" may be for cash or by exchange of other property
or on secured or unsecured credit and includes receiving
goods or documents of title under a pre—existing contract
for sale but does not include a transfer in bulk or as
security for or in total or partial satisfaction of a
money debt.

(10)    "Conspicuous": A term or clause is
conspicuous when it is so written that a reasonable
person against whom it is to operate ought to have
noticed it. A printed heading in capitals (as:
NONNEGOTIABLE BILL OF LADING) is conspicuous. Language
in the body of a form is "conspicuous" if it is in larger
or other contrasting type or color. But in a telegram
any stated term is "conspicuous." Whether a term or
clause is "conspicuous" or not is for decision by the
court.

(11)   "Contract" means the total legal obligation
which results from the parties' agreement as affected by
TITLES 1 THROUGH 10 OF this article and any other
applicable rules of law. (Compare "Agreement.")

(12)    "Creditor" includes a general creditor, a
secured creditor, a lien creditor and any representative
of creditors, including an assignee for the benefit of