The following rules govern priority among conflicting security interests in the same investment property: 1. A security interest held by a secured party having control of investment property under section 554.9106 has priority over a security interest held by a secured party that does not have control of the investment property. 2. Except as otherwise provided in subsections 3 and 4, conflicting security interests held by secured parties each of which has control under section554.9106rank accordingto priority in time of: a. ifthe collateral isa security, obtaining control; b. ifthe collateral is a security entitlement carried in a securities account and: (1) ifthe secured party obtained control under section 554.8106, subsection 4, paragraph “a”, the secured party’s becoming the person for which the securities account is maintained; (2) ifthe secured party obtained control under section 554.8106, subsection 4, paragraph “b”, the securities intermediary’s agreement to comply with the secured party’s entitlement orders with respect to security entitlements carried or to be carried in the securities account; or (3) ifthe secured party obtained control through another person under section 554.8106, subsection 4, paragraph “c”,the time on which priority would be based under this subsection ifthe other person were the secured party; or c. if the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in section 554.9106, subsection 2, paragraph “b”, with respect to commodity contracts carried or to be carried with the commodity intermediary. 3. A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party. 4. A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party. 5. A security interest in a certificated security in registered form which is perfected by taking delivery under section 554.9313, subsection 1, and not by control under section 554.9314 has priority over a conflicting security interest perfected by a method other than control. 6. Conflictingsecurity interests createdby abroker, securities intermediary, or commodity intermediary which are perfected without control under section 554.9106 rank equally. 7. In all other cases, priority among conflicting security interests in investment property isgoverned by sections 554.9322 and 554.9323.
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