No,9n0fi Mov*slr Pnopnnry $scuRrry lNrrnssrs Cap, l4r35 commingled assets is limited to the lowest anrount between the tirne when the proceeds were commingled and the time the security interest in the proceeds is claimed. Security intere sts in fungibles 3. (1) A security interest in a fungible asset continues after it is commingled with otherfungiblee of thesamekind,and is limitedtothe valueofthecollateral immediately before commingling. (2) Where fungibles are commingled with other fungibles of the same kind, and two or more secured creditqs had separate security interests in those fungibles before commingling, the secured creditors are entitled to share in the commingled fungibles according to the ratio that the obligation secured by each security interest bears to ttre sum of the obligations secured by all s*urity interests. Contractual limitatiow an creation of a security interest 4, (l) A security interest in a receivable is effective as between the debtor and the secured crcditor and as against the obligor of the receivable despite an agreement limiting in any way the debtor's right to create a security interest entercd into between the debtor and the obligor ofthe receivable or any subsequent secured creditor. (2) Nothing in this affects any obligation or liability of the debtor for breach of the agreement refened to in subparagnph (l), but tbe other party to the agreement may not avoid tbe contact grving rise to the receivable or the seeurity agleement on the sole ground of the heach of that agreement, c raise against the secured creditor any claim it may have as a result of such a heach against the debtor. (3) Any person who is not a party to the agreement referred to in subparagraph shall not be liable for the debtor's breach of the agreement on the sole ground that he or she had knowledge of the agreement. (t) (4) This parasaph applies only to receivables arising from a contract- (a) that is a contract for the supply s lease of goods or services other than financial services; o) that is a constnrction contract or a contract for the sale or lease of immovable prop€rty; or (c) fq the sale,lease or licensing of indusnial or other intellectual propefty or of proprietary infomration. (5)Asecurity interest in arigbt topaymentof fundscreditedto adepositaccount is effective despite an agreernent betrven the dehor in any way the debtor's riglrt to create ad the financial institution a sectrity intenest. Personal or property rights securing or supparting limiting Wwent or othcr performarce 5. (t) A secured credits with a secuity interest in a receivable or other intangible asset, or a negotiable instrument, bas the benefit of any personsl or propeny right that secures or supptrts payment or other performance of the collateral without a new act oftransfer. (2) If the right referred to in subparagraph (l) is transferable only with a new act of transfer, the debtor must create a security interest in it in favqrr of the swured creditq. Poit-registration transfer of collateral a 6. (t) If a security intercst has been perfected and the collateral is transferred !o transferee who acquires its rights subject to the security interest, the security interest 165