Section 9--109. Scope.

1. (a) General scope of article. Except as otherwise provided in subsections (c) and (d), this article applies to:

   1. (1) a transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
   2. (2) an agricultural lien;
   3. (3) a sale of accounts, chattel paper, payment intangibles, or promissory notes;
   4. (4) a consignment;
   5. (5) a security interest arising under Section 2--401, 2--505, 2--711(3), or 2-A-508(5), as provided in Section 9--110;
   6. (6) a security interest arising under Section 4--210 or 5--118; and
   7. (7) a security interest in a cooperative interest.
2. (b) Security interest in secured obligation. 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 article does not apply.

3. (c) Extent to which article does not apply. This article does not apply to the extent that:

   1. (1) a statute, regulation, or treaty of the United States preempts this article;
   2. (2) another statute of this State expressly governs the creation, perfection, priority, or enforcement of a security interest created by this state or a governmental unit of this state;
   3. (3) a statute of another state, a foreign country, or a governmental unit of another state or 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 the state, country, or governmental unit; or
   4. (4) the rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under Section 5--114.

4. (d) Inapplicability of article. This article does not apply to:

   1. (1) a landlord's lien, other than an agricultural lien, or a security interest in a cooperative interest;
   2. (2) a lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but Section 9--333 applies with respect to priority of the lien;
   3. (3) an assignment of a claim for wages, salary, or other compensation of an employee;
   4. (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. (5) an assignment of accounts, chattel paper, payment intangibles, or promissory notes which is for the purpose of collection only;
   6. (6) an assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
   7. (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. (8) a transfer of an interest in or an assignment of a claim under a policy of insurance or contract for an annuity including a variable annuity 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 9--315 and 9--322 apply with respect to proceeds and priorities in proceeds;
   9. (9) an assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

   10. (10) a right of recoupment or set-off, but:

       1. (A) Section 9--340 applies with respect to the effectiveness of rights of recoupment or set-off against deposit accounts; and
       2. (B) Section 9--404 applies with respect to defenses or claims of an account debtor;

   11. (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:

       1. (A) liens on real property in Section 9--203 and 9--308;
       2. (B) fixtures in Section 9--334;
       3. (C) fixture filings in Sections 9--501, 9--502, 9--512, 9--516, and 9--519;
       4. (D) security agreements covering personal and real property in Section 9--604; and
       5. (E) security interests in cooperative interests;
   12. (12) an assignment of a claim arising in tort, other than a commercial tort claim, but Sections 9--315 and 9--322 apply with respect to proceeds and priorities in proceeds; or
   13. (13) an assignment of a deposit account in a consumer transaction, but Sections 9--315 and 9--322 apply with respect to proceeds and priorities in proceeds.