LD 2245
pg. 267
Page 266 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 268 of 493
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LR 1087
Item 1

 
§9-1336.__Commingled goods

 
(1)__In this section, "commingled goods" means goods that are
physically united with other goods in such a manner that their
identity is lost in a product or mass.

 
(2)__A security interest does not exist in commingled goods as
such.__However, a security interest may attach to a product or
mass that results when goods become commingled goods.

 
(3)__If collateral becomes commingled goods, a security
interest attaches to the product or mass.

 
(4)__If a security interest in collateral is perfected before
the collateral becomes commingled goods, the security interest
that attaches to the product or mass under subsection (3) is
perfected.

 
(5)__Except as otherwise provided in subsection (6), the other
provisions of this Part determine the priority of a security
interest that attaches to the product or mass under subsection
(3).

 
(6)__If more than one security interest attaches to the
product or mass under subsection (3), the following rules
determine priority.

 
(a)__A security interest that is perfected under subsection
(4) has priority over a security interest that is
unperfected at the time the collateral becomes commingled
goods.

 
(b)__If more than one security interest is perfected under
subsection (4), the security interests rank equally in
proportion to value of the collateral at the time it became
commingled goods.

 
Official Comment

 
1. Source. Former Section 9-315.

 
2. "Commingled Goods." Subsection (a) [Maine cite subsection
(1)] defines "commingled goods." It is meant to include not only
goods whose identity is lost through manufacturing or production
(e.g., flour that has become part of baked goods) but also goods
whose identity is lost by commingling with other goods from which
they cannot be distinguished (e.g., ball bearings).


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