Section 9--526. (39) "Financing statement" means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement  


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  • (40) "Fixture filing" means the filing of a  financing  statement
                  covering  goods  that  are  or  are  to  become fixtures and
                  satisfying Section 9--502(a) and (b). The term includes  the
                  filing   of  a  financing  statement  covering  goods  of  a
                  transmitting utility which are or are to become fixtures.
             (41) "Fixtures" means  goods  that  have  become  so  related  to
                  particular  real  property  that  an interest in them arises
                  under real property law.
             (42) "General intangible" means any personal property,  including
                  things  in  action,  other  than  accounts,  chattel  paper,
                  commercial tort claims, deposit accounts, documents,  goods,
                  instruments,  investment  property, letter-of-credit rights,
                  letters of credit, money, and oil, gas,  or  other  minerals
                  before extraction. The term includes payment intangibles and
                  software.
             (43) "Good  faith"  means  honesty  in fact and the observance of
                  reasonable commercial standards of fair dealing.
             (44) "Goods" means all things that are movable  when  a  security
                  interest  attaches.  The  term  includes  (i) fixtures, (ii)
                  standing timber that is  to  be  cut  and  removed  under  a
                  conveyance  or  contract for sale, (iii) the unborn young of
                  animals, (iv) crops grown, growing, or to be grown, even  if
                  the  crops  are produced on trees, vines, or bushes, and (v)
    
                  manufactured  homes.  The  term  also  includes  a  computer
                  program  embedded  in  goods  and any supporting information
                  provided in connection with a transaction  relating  to  the
                  program  if  (i) the program is associated with the goods in
                  such a manner that it customarily is considered part of  the
                  goods,  or (ii) by becoming the owner of the goods, a person
                  acquires a right to use the program in connection  with  the
                  goods. The term does not include a computer program embedded
                  in  goods  that  consists  solely of the medium in which the
                  program  is  embedded.  The  term  also  does  not   include
                  accounts,  chattel  paper,  commercial  tort claims, deposit
                  accounts,  documents,  general   intangibles,   instruments,
                  investment  property,  letter-of-credit  rights,  letters of
                  credit,  money,  or  oil,  gas,  or  other  minerals  before
                  extraction.
             (45) "Governmental unit" means a subdivision, agency, department,
                  county,   parish,   municipality,   or  other  unit  of  the
                  government of the United  States,  a  state,  or  a  foreign
                  country. The term includes an organization having a separate
                  corporate existence if the organization is eligible to issue
                  debt  on which interest is exempt from income taxation under
                  the laws of the United States.
             (46) "Health-care-insurance receivable" means an interest  in  or
                  claim  under  a  policy  of  insurance  which  is a right to
                  payment of a monetary obligation for  health-care  goods  or
                  services provided.
             (47) "Instrument"  means  a  negotiable  instrument  or any other
                  writing that evidences a right to the payment of a  monetary
                  obligation, is not itself a security agreement or lease, and
                  is  of  a  type  that  in  ordinary  course  of  business is
                  transferred by delivery with any  necessary  indorsement  or
                  assignment.   The  term  does  not  include  (i)  investment
                  property, (ii) letters of credit,  or  (iii)  writings  that
                  evidence  a  right  to  payment  arising out of the use of a
                  credit or charge card or information contained on or for use
                  with the card.
             (48) "Inventory" means goods, other than farm products, which:
                 (A) are leased by a person as lessor;
                 (B) are held by a person for sale or lease or to be furnished
                     under a contract of service;
                 (C) are furnished by a person under a contract of service; or
                 (D) consist of raw materials, work in process,  or  materials
                     used or consumed in a business.
             (49) "Investment property" means a security, whether certificated
                  or uncertificated, security entitlement, securities account,
                  commodity contract, or commodity account.
             (50) "Jurisdiction of organization", with respect to a registered
                  organization,  means  the  jurisdiction  under whose law the
                  organization is organized.
             (51) "Letter-of-credit  right"  means  a  right  to  payment   or
                  performance  under  a  letter  of credit, whether or not the
                  beneficiary has demanded or  is  at  the  time  entitled  to
                  demand payment or performance. The term does not include the
                  right  of  a  beneficiary  to  demand payment or performance
                  under a letter of credit.
             (52) "Lien creditor" means:
                 (A) a creditor that has  acquired  a  lien  on  the  property
                     involved by attachment, levy, or the like;
    
                 (B) an  assignee  for  benefit  of creditors from the time of
                     assignment;
                 (C) a  trustee  in  bankruptcy from the date of the filing of
                     the petition; or
                 (D) a receiver in equity from the time of appointment.
             (53) "Manufactured home" means a structure, transportable in  one
                  or  more  sections,  which,  in the traveling mode, is eight
                  body feet or more in width  or  40  body  feet  or  more  in
                  length,  or,  when  erected  on  site, is 320 or more square
                  feet, and which is built on a permanent chassis and designed
                  to be used  as  a  dwelling  with  or  without  a  permanent
                  foundation  when  connected  to  the required utilities, and
                  includes  the  plumbing,  heating,   air-conditioning,   and
                  electrical  systems contained therein. The term includes any
                  structure  that  meets  all  of  the  requirements  of  this
                  paragraph  except  the size requirements and with respect to
                  which the manufacturer  voluntarily  files  a  certification
                  required by the United States Secretary of Housing and Urban
                  Development  and  complies  with  the  standards established
                  under Title 42 of the United States Code.
             (54) "Manufactured-home transaction" means a secured transaction:
                 (A) that creates a  purchase-money  security  interest  in  a
                     manufactured home, other than a manufactured home held as
                     inventory; or
                 (B) in  which  a manufactured home, other than a manufactured
                     home held as inventory, is the primary collateral.
             (55) "Mortgage" means a consensual  interest  in  real  property,
                  including  fixtures, which secures payment or performance of
                  an obligation.
             (56) "New debtor" means a person that  becomes  bound  as  debtor
                  under  Section  9--203(d) by a security agreement previously
                  entered into by another person.
             (57) "New value" means (i) money, (ii) money's worth in property,
                  services, or new credit, or (iii) release by a transferee of
                  an  interest  in  property  previously  transferred  to  the
                  transferee.   The   term  does  not  include  an  obligation
                  substituted for another obligation.
             (58) "Noncash proceeds" means proceeds other than cash proceeds.
             (59) "Obligor" means a person that, with respect to an obligation
                  secured by a security interest in or an agricultural lien on
                  the collateral, (i) owes payment or other performance of the
                  obligation,  (ii) has  provided  property  other  than   the
                  collateral  to  secure  payment  or other performance of the
                  obligation, or (iii) is otherwise accountable in whole or in
                  part for payment or other performance of the obligation. The
                  term does not include issuers or nominated persons  under  a
                  letter of credit.
             (60) "Original  debtor",  except  as  used  in Section 9--310(c),
                  means a person that, as  debtor,  entered  into  a  security
                  agreement  to  which  a  new  debtor  has become bound under