LD 2245
pg. 241
Page 240 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 242 of 493
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LR 1087
Item 1

 
financing. There also will be cases in which the existence of a
security interest may have little to do with the position of a
transferee beneficiary as such. In dealing with these cases and
less clear cases involving the possible application of Article 9
to a nominated person or a transferee beneficiary, the right to
demand payment under a letter of credit should be distinguished
from letter-of-credit rights. The courts also should give
appropriate consideration to the policies and provisions of
Article 5 and letter-of-credit practice as well as Article 9
[Maine cite Article 9-A].

 
§9-1330.__Priority of purchaser of chattel paper or instrument

 
(1)__A purchaser of chattel paper has priority over a security
interest in the chattel paper that is claimed merely as proceeds
of inventory subject to a security interest if:

 
(a)__In good faith and in the ordinary course of the
purchaser's business, the purchaser gives new value and
takes possession of the chattel paper or obtains control of
the chattel paper under section 9-1105; and

 
(b)__The chattel paper does not indicate that it has been
assigned to an identified assignee other than the purchaser.

 
(2)__A purchaser of chattel paper has priority over a security
interest in the chattel paper that is claimed other than merely
as proceeds of inventory subject to a security interest if the
purchaser gives new value and takes possession of the chattel
paper or obtains control of the chattel paper under section 9-
1105 in good faith, in the ordinary course of the purchaser's
business and without knowledge that the purchase violates the
rights of the secured party.

 
(3)__Except as otherwise provided in section 9-1327, a
purchaser having priority in chattel paper under subsection (1)
or (2) also has priority in proceeds of the chattel paper to the
extent that:

 
(a)__Section 9-1322 provides for priority in the proceeds;
or

 
(b)__The proceeds consist of the specific goods covered by
the chattel paper or cash proceeds of the specific goods,
even if the purchaser's security interest in the proceeds is
unperfected.

 
(4)__Except as otherwise provided in section 9-1331,
subsection (1), a purchaser of an instrument has priority over a
security interest in the instrument perfected by a method other
than possession if the purchaser gives value and takes possession


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