LD 2245
pg. 219
Page 218 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 220 of 493
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LR 1087
Item 1

 
value to enable the debtor to produce the crops if the
holder had filed a financing statement covering the crops
before the date of the filing made by the production-money
secured party; and

 
(c)__The notification states that the production-money
secured party has or expects to acquire a production-money
security interest in the debtor's crops and provides a
description of the crops.

 
(3)__Except as otherwise provided in subsection (4) or (5), if
more than one security interest qualifies for priority in the
same collateral under subsection (1), the security interests rank
according to priority in time of filing under section 9-1322,
subsection (1).

 
(4)__To the extent that a person holding a perfected security
interest in production-money crops that are the subject of a
production-money security interest gives new value to enable the
debtor to produce the production-money crops and the value is in
fact used for the production of the production-money crops, the
security interests rank according to priority in time of filing
under section 9-1322, subsection (1).

 
(5)__To the extent that a person holds both an agricultural
lien and a production-money security interest in the same
collateral securing the same obligations, the rules of priority
applicable to agricultural liens govern priority.

 
Official Comment

 
1. Source. New; replaces former Section 9-312(2).

 
2. Priority of Production-Money Security Interests and
Conflicting Security Interests. This section replaces the
limited priority in crops afforded by former Section 9-312(2).
That priority generally was been thought to be of little value
for its intended beneficiaries. This section attempts to balance
the interests of the production-money secured party with those of
a secured party who has previously filed a financing statement
covering the crops that are to be produced. For example, to
qualify for priority under this section, the production-money
secured party must notify the earlier-filed secured party prior
to extending the production-money credit. The notification
affords the earlier secured party the opportunity to prevent
subordination by extending the credit itself. Subsection (d)
[Maine cite subsection (4)] makes this explicit. If the holder
of a security interest in production-money crops which conflicts
with a
production-money security interest gives new value for the


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