LD 2245
pg. 250
Page 249 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 251 of 493
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LR 1087
Item 1

 
expiration of the lease term and the lessee has made all payments
due under the lease, however, then Dealer no longer has any
rights under the chattel paper. Dealer's interest in the goods
consists solely of its residual interest, as to which SP2 has no
claim.) This would be the case, for example, when the lessee
rescinds the lease or when the lessor recovers possession in the
exercise of its remedies under Article 2A. See, e.g., Section
2A525. If SP2 enjoyed priority in the chattel paper under
Section 9-330 [Maine cite section 9-1330], then SP2 likewise
would enjoy priority in the returned goods as proceeds. This
does not mean that SP2 necessarily is entitled to the entire
value of the returned goods. The value of the goods represents
the sum of the present value of (i) the value of their use for
the term of the lease and (ii) the value of the residual
interest. SP2 has priority in the former, but SP1 ordinarily
would have priority in the latter. Thus, an allocation of a
portion of the value of the goods to each component may be
necessary. Where, as here, one secured party has a security
interest in the lessor's residual interest and another has a
priority security interest in the chattel paper, it may be
advisable for the conflicting secured parties to establish a
method for making such an allocation and otherwise to determine
their relative rights in returned goods by agreement.

 
§9-1331.__Priority of rights of purchasers of instruments,

 
documents and securities under other Articles;

 
priority of interests in financial assets and security

 
entitlements under Article 8

 
(1)__This Article does not limit the rights of a holder in due
course of a negotiable instrument, a holder to which a negotiable
document of title has been duly negotiated or a protected
purchaser of a security.__These holders or purchasers take
priority over an earlier security interest, even if perfected, to
the extent provided in Articles 3, 7 and 8.

 
(2)__This Article does not limit the rights of or impose
liability on a person to the extent that the person is protected
against the assertion of an adverse claim under Article 8.

 
(3)__Filing under this Article does not constitute notice of a
claim or defense to the holders, or purchasers, or persons
described in subsections (1) and (2).

 
Official Comment

 
1. Source. Former Section 9-309.


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