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§12A-9-203.
§12A-9-203.
Attachment and Enforceability of Security Interest; Proceeds, Formal
Requisites.
(1) Subject to the provisions of Section 4-210 of this title on the
security interest of a collecting bank, Sections 9-115 and 9-116 of
this title on security interests in investment property, and Section
9-113 of this title on a security interest arising under the articles
on Sales and Leases, a security interest is not enforceable against
the debtor or third parties with respect to the collateral and does
not attach unless:
(a) the collateral is in the possession of the secured party pursuant
to agreement, the collateral is investment property and the secured
party has control pursuant to agreement, or the debtor has signed a
security agreement which contains a description of the collateral, and
in addition, when the security interest covers crops growing or to be
grown or timber to be cut, a description of the land concerned;
(b) value has been given; and
(c) the debtor has rights in the collateral.
(2) A security interest attaches when it becomes enforceable against
the debtor with respect to the collateral. Attachment occurs as soon
as all of the events specified in subsection (1) of this section have
taken place unless explicit agreement postpones the time of attaching.
(3) Unless otherwise agreed, a security agreement gives the secured
party the rights to proceeds provided by Section 9-306 of this title.
(4) A transaction, although subject to this article, may also be
subject to the Uniform Consumer Credit Code, to the extent applicable,
and in the case of conflict between the provisions of this article and
any such statute, the provisions of such statute control. Failure to
comply with any applicable statute has only the effect which is
specified therein.
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