| (a)__The financing statement is effective to perfect a | security interest in collateral acquired by the debtor | before, or within 4 months after, the change; and |
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| (b)__The financing statement is not effective to perfect a | security interest in collateral acquired by the debtor more | than 4 months after the change, unless an amendment to the | financing statement that renders the financing statement not | seriously misleading is filed within 4 months after the | change. |
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| | 1. Source. Former Section 9-402(7). |
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| | 2. Scope of Section. This section deals with situations in | which the information in a proper financing statement becomes | inaccurate after the financing statement is filed. Compare | Section 9-338 [Maine cite section 9-1338], which deals with | situations in which a financing statement contains a particular | kind of information concerning the debtor (i.e., the information | described in Section 9-516(b)(5) [Maine cite section 9-1516, | subsection (2), paragraph (e)]) that is incorrect at the time it | is filed. |
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| | 3. Post-Filing Disposition of Collateral. Under subsection | (a) [Maine cite subsection (1)], a financing statement remains | effective even if the collateral is sold or otherwise disposed | of. This subsection clarifies the third sentence of former | Section 9-402(7) by providing that a financing statement remains | effective following the disposition of collateral only when the | security interest or agricultural lien continues in that | collateral. This result is consistent with the conclusion of PEB | Commentary No. 3. Normally, a security interest does continue | after disposition of the collateral. See Section 9-315(a) [Maine | cite section 9-1315, subsection (1)]. Law other than this | Article determines whether an agricultural lien survives | disposition of the collateral. |
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| | As a consequence of the disposition, the collateral may be | owned by a person other than the debtor against whom the | financing statement was filed. Under subsection (a) [Maine cite | subsection (1)], the secured party remains perfected even if it | does not correct the public record. For this reason, any person | seeking to determine whether a debtor owns collateral free of | security interests must inquire as to the debtor's source of | title and, if circumstances seem to require it, search in the | name of a former owner. Subsection (a) [Maine cite subsection | (1)] addresses only the sufficiency of the information contained | in the financing statement. A disposition of collateral may |
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