Enforceability of Security Interest; Proceeds, Formal

Requisites.

(1)Subject to the provisions of Section 4208 on the security interest of a collecting bank and Section 9113 on a security interest arising under the division on sales, 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, 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; and

(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 subdivision

(1)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 9306.

(4)A transaction, although subject to this division, is also subject to the Uniform Consumer Credit Code (commencing with Section 1801.101 of the Civil Code) and in the case of conflict between the provisions of this division and that statute, the provisions of that statute control. Failure to comply with any applicable statute has only the effect which is specified therein.