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Session Laws, 1980
Volume 739, Page 2889   View pdf image
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HARRY HUGHES, Governor

2889

(b)  "Chattel paper" means a writing or writings
which evidence both a monetary obligation and a security
interest in or a lease of specific goods[.], BUT A CHARTER
OR OTHER CONTRACT INVOLVING THE USE OR HIRE OF A VESSEL IS
NOT CHATTEL PAPER. When a transaction is evidenced both by
such a security agreement or a lease and by an instrument or
a series of instruments, the group of writings taken
together constitutes chattel paper;

(c)  "Collateral" means the property subject to a
security interest, and includes accounts[, contract rights]
and chattel paper which have been sold;

(d)  "Debtor" means the person who owes payment
or other performance of the obligation secured, whether or
not he owns or has rights in the collateral and includes
the seller of accounts[ contract rights] or chattel paper.
Where the debtor and the owner of the collateral are not the
same person, the term "debtor" means the owner of the
collateral in any provision of the title dealing with the
collateral, the obligor in any provision dealing with the
obligation, and may include both where the context so
requires;

(E) "DEPOSIT ACCOUNT" MEANS A DEMAND, TIME,
SAVINGS, PASSBOOK OR LIKE ACCOUNT MAINTAINED WITH A BANK,
SAVINGS AND LOAN ASSOCIATION, CREDIT UNION OR LIKE
ORGANIZATION, OTHER THAN AN ACCOUNT EVIDENCED BY A
CERTIFICATE OF DEPOSIT;

[(e)] (F) "Document" means document of title as
defined in the general definitions of Title 1 (§ 1-201)[ ]
AND A RECEIPT OF THE KIND DESCRIBED IN SUBSECTION (2) F §
7-201;

(G) "ENCUMBRANCE" INCLUDES REAL ESTATE MORTGAGES
AND OTHER LIENS ON REAL ESTATE AND ALL OTHER RIGHTS IN REAL
ESTATE THAT ARE NOT OWNERSHIP INTERESTS;

[(f)] (H) "Goods" includes all things which are
movable at the time the security interest attaches or which
are fixtures (§ 9-313), but does not include money,
documents, instruments, accounts, chattel paper, general
intangibles[, contract rights and other things in action] OR
MINERALS OR THE LIKE (INCLUDING OIL AND GAS) BEFORE
EXTRACTION. "Goods" also includes STANDING TIMBER WHICH IS
TO BE CUT AND REMOVED UNDER A CONVEYANCE OR CONTRACT FOR
SALE, the unborn young of animals and growing crops;

[(g)] (I) "Instrument" means a negotiable
instrument (defined in § 3-104), or a security (defined in §
8-102) or any other writing which evidences a right to the
payment of money and is not itself a security agreement or
lease and is of a type which is in ordinary course of
business transferred by delivery with any necessary
indorsement or assignment;

 

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Session Laws, 1980
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