LD 2245
pg. 59
Page 58 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 60 of 493
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LR 1087
Item 1

 
purchase-money security interest depends on the application of a
payment to a particular obligation, the payment must be applied:

 
(a)__In accordance with any reasonable method of application
to which the parties agree;

 
(b)__In the absence of the parties' agreement to a
reasonable method, in accordance with any intention of the
obligor manifested at or before the time of payment; or

 
(c)__In the absence of an agreement to a reasonable method
and a timely manifestation of the obligor's intention, in
the following order:

 
(i)__To obligations that are not secured; and

 
(ii)__If more than one obligation is secured, to
obligations secured by purchase-money security
interests in the order in which those obligations were
incurred.

 
(6)__In a transaction other than a consumer-goods transaction,
a purchase-money security interest does not lose its status as
such, even if:

 
(a)__The purchase-money collateral also secures an
obligation that is not a purchase-money obligation;

 
(b)__Collateral that is not purchase-money collateral also
secures the purchase-money obligation; or

 
(c)__The purchase-money obligation has been renewed,
refinanced, consolidated or restructured.

 
(7)__In a transaction other than a consumer-goods transaction,
a secured party claiming a purchase-money security interest has
the burden of establishing the extent to which the security
interest is a purchase-money security interest.

 
(8)__The limitation of the rules in subsections (5), (6) and
(7) to transactions other than consumer-goods transactions is
intended to leave to the court the determination of the proper
rules in consumer-goods transactions.__The court may not infer
from that limitation the nature of the proper rule in consumer-
goods transactions and may continue to apply established
approaches.

 
Official Comment

 
1. Source. Former Section 9107.


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