Section 9--322. 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  Section  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 2-A.
        (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.
        (h) Special priority rules: cooperative interests.
             (1) With  respect  to  all   amounts   secured,   a   cooperative
                 organization  security  interest  has priority over all other
                 security interests in a cooperative interest.
             (2) As to security interests in cooperative interests other  than
                 cooperative    organization   security   interests,   Section              9--323(h) provides special rules for future advances.