1. (1) Except as otherwise provided in subsections (3) and (4) of this section, this chapter applies to:

   1. (a) A transaction, regardless of its form, that creates a security interest in personal property or fixtures by contract;
   2. (b) An agricultural lien;
   3. (c) A sale of accounts, chattel paper, payment intangibles or promissory notes;
   4. (d) A consignment;
   5. (e) A security interest arising under ORS 72.4010, 72.5050, 72.7110 (3), or 72A.5080 (5), as provided in ORS 79A.1100; and
   6. (f) A security interest arising under ORS 74.2100 or 75.1180.
2. (2) The application of this chapter 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.

3. (3) This chapter does not apply to the extent that:

   1. (a) A statute, regulation or treaty of the United States preempts this chapter;
   2. (b) 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. (c) 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;
   4. (d) The rights of a transferee beneficiary or nominated person under a letter of credit are independent and superior under ORS 75.1140; or
   5. (e) A provision of this chapter conflicts with a provision of ORS 359.200 to 359.255.

4. (4) This chapter does not apply to:

   1. (a) A landlord’s lien, other than an agricultural lien;
   2. (b) A lien, other than an agricultural lien, given by statute or other rule of law for services or materials, but ORS 79A.3330 applies with respect to priority of the lien;
   3. (c) An assignment of a claim for wages, salary or other compensation of an employee;
   4. (d) 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. (e) An assignment of accounts, chattel paper, payment intangibles or promissory notes which is for the purpose of collection only;
   6. (f) An assignment of a right to payment under a contract to an assignee that is also obligated to perform under the contract;
   7. (g) An assignment of a single account, payment intangible or promissory note to an assignee in full or partial satisfaction of a preexisting indebtedness;
   8. (h) 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 ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds;
   9. (i) An assignment of a right represented by a judgment, other than a judgment taken on a right to payment that was collateral;

   10. (j) A right of recoupment or setoff, but:

       1. (A) ORS 79A.3400 applies with respect to the effectiveness of rights of recoupment or setoff against deposit accounts; and
       2. (B) ORS 79A.4040 applies with respect to defenses or claims of an account debtor;

   11. (k) The creation or transfer of an interest in or lien on real property, including a lease or rents thereunder, or a seller’s or purchaser’s interest in a land sale contract and the proceeds thereof, except to the extent that provision is made for:

       1. (A) Liens on real property in ORS 79A.2030 and 79A.3080;
       2. (B) Fixtures in ORS 79A.3340;
       3. (C) Fixture filings in ORS 79A.5010, 79A.5020, 79A.5120, 79A.5160 and 79A.5190; and
       4. (D) Security agreements covering personal and real property in ORS 79A.6040;
       5. (L) An assignment of a claim arising in tort, other than a commercial tort claim, but ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds; or
       6. (m) An assignment, in a consumer transaction, of a deposit account from which, under the terms of the account agreement, third party payments may be made by means of a check, draft, negotiable order of withdrawal or other order, but ORS 79A.3150 and 79A.3220 apply with respect to proceeds and priorities in proceeds.

[Formerly 79.0109]