| subsection (a)(1) [Maine cite subsection (1), paragraph (a)], an | entrusting secured party runs the same risk as any other | entruster. |
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| | 3. Secured Party's Right to Identifiable Proceeds. Under | subsection (a)(2) [Maine cite subsection (1), paragraph (b)], | which derives from former Section 9-306(2), a security interest | attaches to any identifiable "proceeds," as defined in Section 9- | 102 [Maine cite section 9-1102]. See also Section 9-203(f) | [Maine cite section 9-1203, subsection (6)]. Subsection (b) | [Maine cite subsection (2)] is new. It indicates when proceeds | commingled with other property are identifiable proceeds and | permits the use of whatever methods of tracing other law permits | with respect to the type of property involved. Among the | "equitable principles" whose use other law may permit is the | "lowest intermediate balance rule." See Restatement (2d), Trusts | §202. |
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| | 4. Automatic Perfection in Proceeds: General Rule. Under | subsection (c) [Maine cite subsection (3)], a security interest | in proceeds is a perfected security interest if the security | interest in the original collateral was perfected. This Article | extends the period of automatic perfection in proceeds from ten | days to 20 days. Generally, a security interest in proceeds | becomes unperfected on the 21st day after the security interest | attaches to the proceeds. See subsection (d) [Maine cite | subsection (4)]. The loss of perfected status under subsection | (d) [Maine cite subsection (4)] is prospective only. Compare, | e.g., Section 9-515(c) [Maine cite section 9-1515, subsection | (3)] (deeming security interest unperfected retroactively). |
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| | 5. Automatic Perfection in Proceeds: Proceeds Acquired with | Cash Proceeds. Subsection (d)(1) [Maine cite subsection (4), | paragraph (a)] derives from former Section 9-306(3)(a). It | carries forward the basic rule that a security interest in | proceeds remains perfected beyond the period of automatic | perfection if a filed financing statement covers the original | collateral (e.g., inventory) and the proceeds are collateral in | which a security interest may be perfected by filing in the | office where the financing statement has been filed (e.g., | equipment). A different rule applies if the proceeds are | acquired with cash proceeds, as is the case if the original | collateral (inventory) is sold for cash (cash proceeds) that is | used to purchase equipment (proceeds). Under these | circumstances, the security interest in the equipment proceeds | remains perfected only if the description in the filed financing | indicates the type of property constituting the proceeds (e.g., | "equipment"). |
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