Illinois Code § 810 ILCS 5/9-322

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

 
(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, 9-329.1, 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, letter-of-credit rights,
or beneficial interests in Illinois land trusts
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,
beneficial interests in Illinois land trusts,
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.

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.
lien has priority over a conflicting unperfected security interest or agricultural lien.
to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
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.
perfected;
type as the collateral; and
proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
Part;
of a collecting bank;
of an issuer or nominated person; and
arising under Article 2 or 2A.

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