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§12A-9-306.
§12A-9-306.
"Proceeds"; Secured Party's Rights on Disposition of Collateral.
(1) "Proceeds" includes whatever is received upon the sale, exchange,
collection or other disposition of collateral or proceeds including,
but not limited to, payments from a third party tort-feasor or his or
her insurer. Insurance payable from any source by reason of loss or
damage to the collateral is proceeds, except to the extent that it is
payable to a person other than a party to the security agreement. Any
payments or distributions made with respect to investment property
collateral are proceeds. Money, checks, deposit accounts and the like
are "cash proceeds". All other proceeds are "noncash proceeds".
(2) Except where this article otherwise provides, a security interest
continues in collateral, notwithstanding sale, exchange or other
disposition thereof, unless the disposition was authorized by the
secured party in the security agreement or otherwise, and also
continues in any identifiable proceeds including collections received
by the debtor.
(3) The security interest in proceeds is a continuously perfected
security interest if the interest in the original collateral was
perfected, but it ceases to be a perfected security interest and
becomes unperfected ten (10) days after receipt of the proceeds by the
debtor unless:
(a) a filed financing statement covers the original collateral and the
proceeds are collateral in which a security interest may be perfected
by filing in the office or offices where the financing statement has
been filed and, if the proceeds are acquired with cash proceeds, the
description of collateral in the financing statement indicates the
types of property constituting the proceeds;
(b) a filed financing statement covers the original collateral and the
proceeds are identifiable cash proceeds;
(c) the original collateral was investment property and the proceeds
are identifiable cash proceeds; or
(d) the security interest in the proceeds is perfected before the
expiration of the ten-day period.
Except as provided in this section, a security interest in proceeds
can be perfected only by the methods or under the circumstances
permitted in this article for original collateral of the same type.
(4) In the event of insolvency proceedings instituted by or against a
debtor, a secured party with a perfected security interest in proceeds
has a perfected security interest only in the following proceeds:
(a) identifiable noncash proceeds and separate deposit accounts
containing only proceeds;
(b) identifiable cash proceeds in the form of money which is neither
commingled with other money nor deposited in a deposit account prior
to the insolvency proceedings;
(c) identifiable cash proceeds in the form of checks and the like
which are not deposited in a deposit account prior to the insolvency
proceedings; and
(d) all cash and deposit accounts of the debtor, in which proceeds
have been commingled with other funds, but the perfected security
interest under this paragraph (d) is:
(i) subject to any right of set-off; and
(ii) limited to an amount not greater than the amount of any cash
proceeds received by the debtor within ten (10) days before the
institution of the insolvency proceedings less the sum of:
(I) the payments to the secured party on account of cash proceeds
received by the debtor during such period, and
(II) the cash proceeds received by the debtor during such period to
which the secured party is entitled under subparagraphs (a) through
(c) of this subsection.
(5) If a sale of goods results in an account or chattel paper which is
transferred by the seller to a secured party and if the goods are
returned to or are repossessed by the seller or the secured party, the
following rules determine priorities:
(a) If the goods were collateral at the time of sale, for an
indebtedness of the seller which is still unpaid, the original
security interest attaches again to the goods and continues as a
perfected security interest if it was perfected at the time when the
goods were sold. If the security interest was originally perfected by
a filing which is still effective, nothing further is required to
continue the perfected status; in any other case, the secured party
must take possession of the returned or repossessed goods or must
file.
(b) An unpaid transferee of the chattel paper has a security interest
in the goods against the transferor. Such security interest is prior
to a security interest asserted under subparagraph (a) of this section
to the extent that the transferee of the chattel paper was entitled to
priority under Section 9-308 of this title.
(c) An unpaid transferee of the account has a security interest in the
goods against the transferor. Such security interest is subordinate to
a security interest asserted under subparagraph (a) of this section.
(d) A security interest of an unpaid transferee asserted under
subparagraph (b) or (c) of this section must be perfected for
protection against creditors of the transferor and purchasers of the
returned or repossessed goods.
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