Nevada § 104.9109 - Scope of applicability

§ 104.9109. Scope of applicability

1. Except as otherwise provided in subsections 3 and 4, this Article applies to: (a) A transaction, regardless of its form, that creates a security interest in personal

property or fixtures by contract; (b) An agricultural lien; (c) A sale of accounts, chattel paper, payment intangibles or promissory notes; (d) A consignment; (e) A security interest arising under NRS 104.2401 , 104.2505, subsection 3 of NRS 104.2711 or subsection 5 of NRS 104A.2508 , as provided in NRS 104.9110 ; and (f) A security interest arising under NRS 104.4210 or 104.5118 . 2. 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. This Article does not apply to the extent that: (a) A statute, regulation or treaty of the United States preempts this Article; or (b) The rights of a transferee beneficiary or nominated person under a letter of credit

are independent and superior under NRS 104.5114 . 4. This Article does not apply to: (a) A landlord's lien, other than an agricultural lien; (b) A lien, other than an agricultural lien, given by statute or other rule of law

for services or materials, but NRS 104.9333 applies with respect to priority of the lien; (c) An assignment of a claim for wages, salary or other compensation of an employee; (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; (e) An assignment of accounts, chattel paper, payment intangibles or promissory notes

which is for the purpose of collection only; (f) An assignment of a right to payment under a contract to an assignee that is also

obligated to perform under the contract; (g) An assignment of a single account, payment intangible or promissory note to an

assignee in full or partial satisfaction of a preexisting indebtedness; (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 NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; (i) An assignment of a right represented by a judgment, other than a judgment taken

on a right to payment that was collateral; (j) A right of recoupment or setoff, but: (1) NRS 104.9340 applies with respect to the effectiveness of rights of recoupment or setoff against

deposit accounts; and (2) NRS 104.9404 applies with respect to defenses or claims of an account debtor; (k) 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) Liens on real property in NRS 104.9203 and 104.9308 ; (2) Fixtures in NRS 104.9334 ; (3) Fixture filings in NRS 104.9501 , 104.9502 , 104.9512 , 104.9516 and 104.9519 ; and (4) Security agreements covering personal and real property in NRS 104.9604 ; (l) An assignment of a claim arising in tort, other than a commercial tort claim,

but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; (m) An assignment of a deposit account in a consumer transaction, but NRS 104.9315 and 104.9322 apply with respect to proceeds and priorities in proceeds; or (n) A transfer by a government or governmental unit.