| (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. |
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| | 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. |
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| | 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. |
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| | 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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