LD 2245
pg. 477
Page 476 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 478 of 493
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LR 1087
Item 1

 
creditor holding a perfected security interest before the time
the lease contract became enforceable (Section 2A-301) does not
take subject to the lease. With respect to this provision, the
lessee in these circumstances is treated like a buyer so that
perfection of a purchase money security interest does not relate
back (Section 9-301). Subsection (3) provides that a lessee
takes its leasehold interest subject to a security interest
except as otherwise provided in Sections 9-317, 9-321, or 9-323
[Maine cite section 9-1317, 9-1321 or 9-1323].

 
4. The rules of this section operate in favor of whichever
party to the lease contract may enforce it, even if one party
perhaps may not, e.g., under Section 2A-201(1)(b).

 
5. The rules stated in subsections (2)(b) and (c), and the
rule in subsection (3), are is best understood by reviewing a
hypothetical. Assume that a merchant engaged in the business of
selling and leasing musical instruments obtained possession of a
truck load of musical instruments on deferred payment terms from
a supplier of musical instruments on January 6. To secure
payment of such credit the merchant granted the supplier a
security interest in the instruments; the security interest was
perfected by filing on January 15. The merchant, as lessor,
entered into a lease to an individual of one of the musical
instruments supplied by the supplier; the lease became
enforceable on January 10. Under subsection (2)(b) the lessee
will prevail (assuming the lessee qualifies thereunder) unless
subsection (c) provides otherwise. Under the rule stated in
subsection (2)(c) a priority dispute between the supplier, as the
lessor's secured creditor, and the lessee would be determined by
ascertaining on January 10 (the day the lease became enforceable)
the validity and perfected status of the security interest in the
musical instrument and the enforceability of the lease contract
by the lessee. Nothing more appearing, under the rule stated in
subsection (2)(c), the supplier's security interest in the
musical instrument would not have priority over the lease
contract. Moreover, subsection (2) states that its rules are
subject to the rules of subsections (3) and (4). Under this
hypothetical the lessee should qualify as a "lessee in the
ordinary course of business". Section 2A-103(1)(o). Subsection
(3) also makes clear that the lessee in the ordinary course of
business will win even if he or she knows of the existence of the
supplier's security interest.

 
6. Subsections (3) and (4), which are modeled on the
provisions of Section 9-307(1) and (3), respectively, state two
exceptions to the priority rule stated in subsection (2) with
respect to a creditor who holds a security interest. The lessee
in the ordinary course of business will be treated in the same
fashion as the buyer in the ordinary course of business, given a


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