(a)__Without knowledge of the security interest;

(b)__For value;

(c)__Primarily for the buyer's personal, family or household purposes; and

(c)__Before the filing of a financing statement covering the goods.

(3)__To the extent that it affects the priority of a security interest over a buyer of goods under subsection (2), the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by section 9-1316, subsections (1) and (2).

(4)__A buyer in ordinary course of business buying oil, gas or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.

(5)__Subsections (1) and (2) do not affect a security interest in goods in the possession of the secured party under section 9- 1313.

Official Comment

1. Source. Former Section 9-307.

2. Scope of This Section. This section states when buyers of goods take free of a security interest even though perfected. Of course, a buyer who takes free of a perfected security interest takes free of an unperfected one. Section 9-317 [Maine cite section 9-1317] should be consulted to determine what purchasers, in addition to the buyers covered in this section, take free of an unperfected security interest. Article 2 states general rules on purchase of goods from a seller with defective or voidable title (Section 2403).

3. Buyers in Ordinary Course. Subsection (a) [Maine cite subsection (1)] derives from former Section 9-307(1). The definition of "buyer in ordinary course of business" in Section 1201 restricts its application to buyers "from a person, other than a pawnbroker, in the business of selling goods of that kind." Thus subsection (a) [Maine cite subsection (1)] applies primarily to inventory collateral. The subsection further