47-9109

47-9109. Scope

A. Except as otherwise provided in subsections C and D of this section, this
chapter applies to:

1. A transaction, regardless of its form, that creates a security interest in
personal property or fixtures by contract;

2. An agricultural lien;

3. A sale of accounts, chattel paper, payment intangibles or promissory notes;

4. A consignment;

5. A security interest arising under section 47-2401 or 47-2505 or section 47-2711,
subsection C or section 47-2A508, subsection E, as provided in section 47-9110; and

6. A security interest arising under section 47-4210 or 47-5118.

B. The application of this article to a security interest in a secured obligation
is not affected by the fact that the obligation is itself secured by a transaction or
interest to which this chapter does not apply.

C. This chapter does not apply to the extent that:

1. A statute, regulation or treaty of the United States preempts this article;

2. A statute of a foreign country or a governmental unit of a foreign country,
other than a statute generally applicable to security interests, expressly governs
creation, perfection, priority or enforcement of a security interest created by that
country or governmental unit; or

3. The rights of a transferee beneficiary or nominated person under a letter of
credit are independent and superior under section 47-5114.

D. This chapter does not apply to:

1. A landlord's lien, other than an agricultural lien;

2. A lien, other than an agricultural lien, given by statute or other rule of law
for services or materials, but section 47-9333 applies with respect to priority of the
lien;

3. An assignment of a claim for wages, salary or other compensation of an employee;

4. A sale of accounts, chattel paper, payment intangibles or promissory notes as
part of a sale of the business out of which they arose;

5. An assignment of accounts, chattel paper, payment intangibles or promissory
notes that is for the purpose of collection only;

6. An assignment of a right to payment under a contract to an assignee that is also
obligated to perform under the contract;

7. An assignment of a single account, payment intangible or promissory note to an
assignee in full or partial satisfaction of a preexisting indebtedness;

8. A transfer of an interest in or an assignment of a claim under a policy of
insurance, other than an assignment by or to a health care provider of a
health-care-insurance receivable and any subsequent assignment of the right to payment,
but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in
proceeds;

9. An assignment of a right represented by a judgment, other than a judgment taken
on a right to payment that was collateral;

10. A right of recoupment or setoff, but:

(a) Section 47-9340 applies with respect to the effectiveness of rights of
recoupment or setoff against deposit accounts; and

(b) Section 47-9404 applies with respect to defenses or claims of an account
debtor;

11. The creation or transfer of an interest in or lien on real property, including a
lease or rents thereunder, except to the extent that provision is made for:

(a) Liens on real property in sections 47-9203 and 47-9308;

(b) Fixtures in section 47-9334;

(d) Security agreements covering personal and real property in section 47-9604;

12. An assignment of a claim arising in tort, other than a commercial tort claim,
but sections 47-9315 and 47-9322 apply with respect to proceeds and priorities in
proceeds;

13. An assignment of a deposit account in a consumer transaction, but sections
47-9315 and 47-9322 apply with respect to proceeds and priorities in proceeds;

14. A transfer, pledge, assignment, grant or similar action by this state, another
state or a governmental unit of this state or another state;

15. A claim or right to receive compensation for injuries or sickness as described
in 26 United States Code section 104a(1) or (2); or

16. A claim or right to receive benefits under a special needs trust as described in
42 United States Code section 1396p(d)(4).