Page:United States Statutes at Large Volume 77.djvu/781

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[77 STAT. 749]
[77 STAT. 749]
PUBLIC LAW 88-000—MMMM. DD, 1963

77 STAT. ]

PUBLIC LAW 88-243-DEC. 30, 1963

lease of specific goods. When a transaclion is evideiu'ed holli by such a security agreement or a lease and by an instrunieut or a series of instruments, the group of writings taken together constitutes chattel paper; (c) "Collateral means the property subject to a secm-ity 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 proA'ision of the article dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires: (e) "Document" means document of title as defined in the general definitions of article 1 (section 28:1—201); (f) "Goods" includes all things which are movable at the time the security interest attaches or which are fixtures (section 28:9— 813), but does not include money, documents, instruments, accounts, chattel paper, general intangibles, contract rights and other things in action, "Goods" also include the unborn young of animals and growing crops; (g) "Instrument" means a negotiable instrument (defined in section 28:3—104), or a security (defined in section 28:8—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; (h) "Security agreement" means an agreement which creates or provides for a security interest; (i) "Secured party" means a lender, seller or other person in whose favor there is a security interest, including a person to whom accounts, contract rights or chattel paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreement or the like are represented by a trustee or other person, the representative is the secured party. (2) Other definitions applying to this article and the sections in which they appear are: "Account". Section 28:9—106. "Consumer goods". Section 28:9—109 (1). "Contract right". Section 28:9—106. "Equipment". Section 28:9—109(2). " F a r m products". Section 28:9—109 (3). "Filing Office". Section 28:9—401 (1). "General intangibles". Section 28:9—106. ."Inventory". Section 28:9—109 (4). "Lien creditor". Section 28:9—301 (3). "Proceeds". Section 28:9—306 (1). "Purchase money security interest". Section 28:9—107. (3) The following definitions in other articles apply to this article: "Check". Section 28:3—104. "Contract for sale". Section 28:2—106. "Holder in due course". Section 28:3~302. "Note". Section 28:3—104. "Sale". Section 28:2—106. (4) I n addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.