LD 2245
pg. 478
Page 477 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 479 of 493
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LR 1087
Item 1

 
priority dispute with a secured creditor over goods subject to a
lease contract.

 
Sec. B-16. 11 MRSA §2-1309, sub-§(1), ¶(b), as enacted by PL 1991, c. 805,
§4, is amended to read:

 
(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);

 
Sec. B-17. 11 MRSA §4-208, sub-§(3), ¶(a) is amended to read:

 
(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

 
Sec. B-18. 11 MRSA §5-1118 is enacted to read:

 
§5-1118.__Security interest of issuer or nominated person

 
(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.

 
(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:

 
(a)__A security agreement is not necessary to make the
security interest enforceable under section 9-1203,
subsection (2), paragraph (c);

 
(b)__If the document is presented in a medium other than a
written or other tangible medium, the security interest is
perfected; and

 
(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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