LD 2245
pg. 216
Page 215 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 217 of 493
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LR 1087
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chattel paper constituting proceeds of the inventory, even if the
secured party does not actually give new value for the chattel
paper, provided the purchase-money secured party satisfies the
other conditions for achieving priority.

 
When the proceeds of original collateral (goods or software)
consist of a deposit account, Section 9-327 [Maine cite section
9-1327] governs priority to the extent it conflicts with the
priority rules of this section.

 
9. Priority in Accounts Constituting Proceeds of Inventory.
The application of the priority rules in subsection (b) [Maine
cite subsection (2)] is shown by the following examples:

 
Example 1: Debtor creates a security interest in its existing
and after-acquired inventory in favor of SP-1, who files a
financing statement covering inventory. SP-2 subsequently takes
a purchase-money security interest in certain inventory and,
under subsection (b) [Maine cite subsection (2)], achieves
priority in this inventory over SP-1. This inventory is then
sold, producing accounts. Accounts are not cash proceeds, and so
the special purchase-money priority in the inventory does not
control the priority in the accounts. Rather, the first-to-file-
or-perfect rule of Section 9-322(a)(1) [Maine cite section 9-
1322, subsection (1), paragraph (a)] applies. The time of SP-1's
filing as to the inventory is also the time of filing as to the
accounts under Section 9-322 (b) [Maine cite section 9-1322,
subsection (2)]. Assuming that each security interest in the
accounts proceeds remains perfected under Section 9-315 [Maine
cite section 9-1315], SP-1 has priority as to the accounts.

 
Example 2: In Example 1, if SP-2 had filed directly against
accounts, the date of that filing as to accounts would be
compared with the date of SP-1's filing as to the inventory. The
first filed would prevail under Section 9-322(a)(1) [Maine cite
section 9-1322, subsection (1), paragraph (a)].

 
Example 3: If SP-3 had filed against accounts in Example 1
before either SP-1 or SP-2 filed against inventory, SP-3's filing
against accounts would have priority over the filings of SP-1 and
SP-2. This result obtains even though the filings against
inventory are effective to continue the perfected status of SP-
1's and SP-2's security interest in the accounts beyond the 20-
day period of automatic perfection. See Section 9-315 [Maine
cite section 9-1315]. SP-1's and SP-2's position as to the
inventory does not give them a claim to accounts (as proceeds of
the inventory) which is senior to someone who has filed earlier
against accounts. If, on the other hand, either SP-1's or SP-2's


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