| priority dispute with a secured creditor over goods subject to a | lease contract. |
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| | Sec. B-16. 11 MRSA §2-1309, sub-§(1), ¶(b), as enacted by PL 1991, c. 805, | §4, is amended to read: |
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| (b) A "fixture filing" is the filing, in the office where a | record of a mortgage on the real estate would be filed or | recorded, of a financing statement covering goods that are | or are to become fixtures and conforming to the requirements | of section 9-402 9-1502, subsection (5) subsections (1) and | (2); |
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| | Sec. B-17. 11 MRSA §4-208, sub-§(3), ¶(a) is amended to read: |
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| (a) No security agreement is necessary to make the security | interest enforceable (section 9-203 9-1203, subsection (1) | (2), paragraph (b) (c), subparagraph (i)); and |
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| | Sec. B-18. 11 MRSA §5-1118 is enacted to read: |
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| §5-1118.__Security interest of issuer or nominated person |
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| | (1)__An issuer or nominated person has a security interest in | a document presented under a letter of credit to the extent that | the issuer or nominated person honors or gives value for the | presentation. |
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| | (2)__So long as and to the extent that an issuer or nominated | person has not been reimbursed or has not otherwise recovered the | value given with respect to a security interest in a document | under subsection (1), the security interest continues and is | subject to Article 9-A, but: |
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| (a)__A security agreement is not necessary to make the | security interest enforceable under section 9-1203, | subsection (2), paragraph (c); |
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| (b)__If the document is presented in a medium other than a | written or other tangible medium, the security interest is | perfected; and |
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| (c)__If the document is presented in a written or other | tangible medium and is not a certificated security, chattel | paper, a document of title, an instrument or a letter of | credit, the security interest is perfected and has priority | over a conflicting security interest in the document so long | as the debtor does not have possession of the document. |
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