14-9-105. DEFINITIONS AND INDEX OF DEFINITIONS.

1. In this Chapter unless the context otherwise requires:
   1. “Account debtor” means the person who is obligated on an account, chattel paper, contract right or general intangible;
   2. “Chattel Paper” means a writing or writings which evidence both a monetary obligation and a security interest in or a lease of specific goods, but a charter or other contract involving the use or hire of a vessel is not chattel paper. When a transaction is evidenced both by such a security agreement or a lease and by an instrument or a series of instruments, the group of writings taken together constitutes chattel paper;
   3. “Collateral” means the property subject to a security interest and includes accounts, contract rights and chattel paper which have been sold;
   4. “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 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 provision of the Chapter dealing with the collateral, the obligor in any provision dealing with the obligation, and may include both where the context so requires;
   5. “Deposit account” means a demand, time, savings, passbook or like account maintained with a bank, savings and loan association, credit union or like organization, other than an account evidenced by a certificate of deposit;
   6. “Document” means document of title defined in the general definitions of Gen. Com. Prov. Chap. Section 201;
   7. “Encumbrance’ includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests;
   8. “Goods” includes all things which are movable at the time the security interest attaches or which are fixtures (Section 313) but does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like (including oil and gas before extraction) “Goods” also includes standing timber which is to be cut and removed under a conveyance or contract for sale, the unborn young of animals and growing crops;
   9. “Improvement” means goods which are so incorporated into a permanent structure on real estate that they lose their essential separate nature and become an integral part of the structure itself, and includes permanent structures but does not include goods which are whole structures brought unto real estate and permanently affixed thereto and which retain their essential separate nature except for such permanent affixation. Examples of structures which are usually not considered “improvements” under this subsection, assuming they qualify as “goods” under subsection (h) above, include but are not limited to mobile homes and movable buildings;
   10. “Instrument” means a negotiable instrument or a certified security or any other writing which evidences a right to 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 endorsement or assignment;
   11. “Mortgage” means a consensual interest created by a real estate mortgage, a trust deed on real estate, or the like;
   12. An advance is made “pursuant to commitment” if the secured party has bound himself to make it, whether or not a subsequent event of default or other event not within his control has relieved or may relieve him from his obligation;
   13. “Security agreement” means an agreement which creates or provides for a security interest;
   14. “Security party” means a lender, seller or other person in whose favor there is a security interest including a person to whom accounts or chatter paper have been sold. When the holders of obligations issued under an indenture of trust, equipment trust agreements or the like are represented by a trustee or other person, the representative is the secured party;
   15. “Transmitting utility” means any person primarily engaged in the railroad, street railway or trolley bus business, the electric transmission of goods by pipeline, or the transmission or the production and transmission of electricity, steam, gas or water, or the provisions of sewer service.
2. Other definitions applying to this Chapter and the sections in which they appear are:
   • "Account” Section 106
   • “Attach” Section 203
   • “Construction Mortgage” Section 313 (1)
   • “Consumer Goods” Section 109 (1)
   • “Equipment” Section 109 (2)
   • “Farm Production: Section 109 (3)
   • “Fixtures” Section 313 (1)
   • “Fixture Filing” Section 313 (1)
   • “General Intangibles”  Section 106
   • “Inventory” Section 109 (4)
   • “Lien Creditor” Section 301 (3)
   • “Proceeds”  Section 306 (1)
   • “Purchase Money
   • Security Interest” Section 107
   • ‘United States” Section 103
3. The following definitions in other Chapters apply to this Chapter of the code:
   • “Contract for Sale” Sales Section 106
   • “Sale” Sales Section 106
4. In addition the General Commercial Provisions Chapter contains general definitions and principles of construction and interpretation applicable throughout this Chapter.