Priority of security interests in transferred collateral.

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  • (1) Except as otherwise provided in Subsection (2), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
    • (a) the debtor acquired the collateral subject to the security interest created by the other person;
    • (b) the security interest created by the other person was perfected when the debtor acquired the collateral; and
    • (c) there is no period thereafter when the security interest is unperfected.
  • (2) Subsection (1) subordinates a security interest only if the security interest:
    • (a) otherwise would have priority solely under Subsection 70A-9a-322(1) or Section 70A-9a-324; or
    • (b) arose solely under Subsection 70A-2-711(3) or 70A-2a-508(5).




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