Priorities among conflicting security interests in and agricultural liens on same collateral

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  • (a) General priority rules. Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:

    • (1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.

    • (2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.

    • (3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.

  • (b) Time of perfection: proceeds and supporting obligations. For the purposes of subsection (a)(1):

    • (1) the time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and

    • (2) the time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.

  • (c) Special priority rules: proceeds and supporting obligations. Except as otherwise provided in subsection (f), a security interest in collateral which qualifies for priority over a conflicting security interest under § 9–327, 9–328, 9–329, 9–330, or 9–331 also has priority over a conflicting security interest in:

    • (1) any supporting obligation for the collateral; and

    • (2) proceeds of the collateral if:

      • (A) the security interest in proceeds is perfected;

      • (B) the proceeds are cash proceeds or of the same type as the collateral; and

      • (C) in the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.

  • (d) First-to-file priority rule for certain collateral. Subject to subsection (e) and except as otherwise provided in subsection (f), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.

  • (e) Applicability of subsection (d). Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.

  • (f) Limitations on subsections (a) through (e). Subsections (a) through (e) are subject to:

    • (1) subsection (g) and the other provisions of this part;

    • (2) Section 4–210 with respect to a security interest of a collecting bank;

    • (3) Section 5–118 with respect to a security interest of an issuer or nominated person; and

    • (4) Section 9–110 with respect to a security interest arising under Article 2 or 2A.

  • (g) Priority under agricultural lien statute. A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.


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