LD 2245
pg. 203
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LR 1087
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(4)] applies only if the proceeds in question are other than non-
filing collateral (i.e., if the proceeds are filing collateral).
If the proceeds are non-filing collateral, either the first-to-
file-or-perfect rule under subsections (a) and (b) [Maine cite
subsections (1) and (2)] or the non-temporal priority rule in
subsection (c) [Maine cite subsection (3)] would apply, depending
on the facts.

 
Example 13: SP-1 perfects its security interest in Debtor's
deposit account by obtaining control. Thereafter, SP-2 files
against inventory, (presumably) searches, finds no indication of
a conflicting security interest, and advances against Debtor's
existing and after-acquired inventory. Debtor uses funds from
the deposit account to purchase inventory, which SP-1 can trace
as identifiable proceeds of its security interest in Debtor's
deposit account, and which SP-2 claims as original collateral.
The inventory is sold and the proceeds deposited into another
deposit account, as to which SP-1 has not obtained control. As
discussed above in Comment 8, Example 11, subsection (c) [Maine
cite subsection (3)] does not govern priority in this deposit
account. Subsection (d) [Maine cite subsection (4)] also does
not govern, because the proceeds at issue (the deposit account)
are cash proceeds. See subsection (e) [Maine cite subsection
(5)]. Rather, the general rules of subsections (a) and (b)
[Maine cite subsections (1) and (2)] govern.

 
10. Priority in Supporting Obligations. Under subsections
(b)(2) [Maine cite subsection (2), paragraph (b)] and (c)(1)
[Maine cite subsection (3), paragraph (a)], a security interest
having priority in collateral also has priority in a supporting
obligation for that collateral. However, the rules in these
subsections are subject to the special rule in Section 9-329
[Maine cite section 9-1329] governing the priority of security
interests in a letter-of-credit right. See subsection (f) [Maine
cite subsection (6)] . Under Section 9-329 [Maine cite section
9-1329], a secured party's failure to obtain control (Section 9-
107 [Maine cite section 9-1107]) of a letter-of-credit right that
serves as supporting collateral leaves its security interest
exposed to a priming interest of a party who does take control.

 
11. Unperfected Security Interests. Under subsection (a)(3)
[Maine cite subsection (1), paragraph (c)], if conflicting
security interests are unperfected, the first to attach has
priority. This rule may be of merely theoretical interest,
inasmuch as it is hard to imagine a situation where the case
would come into litigation without either secured party's having
perfected its security interest. If neither security interest
had been perfected at the time of the filing of a petition in
bankruptcy, ordinarily neither would be good against the trustee
in bankruptcy under the
Bankruptcy Code.


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