Maryland Code § CL-9-324

Section CL-9-324
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(a) Except as otherwise provided in subsection (g), a perfected purchase-
money security interest in goods other than inventory or livestock has priority over a
conflicting security interest in the same goods, and, except as otherwise provided in
§ 9-327, a perfected security interest in its identifiable proceeds also has priority, if
the purchase-money security interest is perfected when the debtor receives
possession of the collateral or within 20 days thereafter.
(b) Subject to subsection (c) and except as otherwise provided in subsection
(g), a perfected purchase-money security interest in inventory has priority over a
conflicting security interest in the same inventory, has priority over a conflicting
security interest in chattel paper or an instrument constituting proceeds of the
inventory and in proceeds of the chattel paper, if so provided in § 9-330, and, except

as otherwise provided in § 9-327, also has priority in identifiable cash proceeds of the
inventory to the extent the identifiable cash proceeds are received on or before the
delivery of the inventory to a buyer, if:
(1) The purchase-money security interest is perfected when the
debtor receives possession of the inventory;
(2) The purchase-money secured party sends an authenticated
notification to the holder of the conflicting security interest;
(3) The holder of the conflicting security interest receives the
notification within five years before the debtor receives possession of the inventory;
and
(4) The notification states that the person sending the notification
has or expects to acquire a purchase-money security interest in inventory of the
debtor and describes the inventory.
(c) Subsection (b)(2) through (4) applies only if the holder of the conflicting
security interest had filed a financing statement covering the same types of inventory:
(1) If the purchase-money security interest is perfected by filing,
before the date of the filing; or
(2) If the purchase-money security interest is temporarily perfected
without filing or possession under § 9-312(f), before the beginning of the 20-day period
thereunder.
(d) Subject to subsection (e) and except as otherwise provided in subsection
(g), a perfected purchase-money security interest in livestock that are farm products
has priority over a conflicting security interest in the same livestock, and, except as
otherwise provided in § 9-327, a perfected security interest in their identifiable
proceeds and identifiable products in their unmanufactured states also has priority,
if:
(1) The purchase-money security interest is perfected when the
debtor receives possession of the livestock;
(2) The purchase-money secured party sends an authenticated
notification to the holder of the conflicting security interest;
(3) The holder of the conflicting security interest receives the
notification within six months before the debtor receives possession of the livestock;
and

(4) The notification states that the person sending the notification
has or expects to acquire a purchase-money security interest in livestock of the debtor
and describes the livestock.
(e) Subsection (d)(2) through (4) applies only if the holder of the conflicting
security interest had filed a financing statement covering the same types of livestock:
(1) If the purchase-money security interest is perfected by filing,
before the date of the filing; or
(2) If the purchase-money security interest is temporarily perfected
without filing or possession under § 9-312(f), before the beginning of the 20-day period
thereunder.
(f) Except as otherwise provided in subsection (g), a perfected purchase-
money security interest in software has priority over a conflicting security interest in
the same collateral, and, except as otherwise provided in § 9-327, a perfected security
interest in its identifiable proceeds also has priority, to the extent that the purchase-
money security interest in the goods in which the software was acquired for use has
priority in the goods and proceeds of the goods under this section.
(g) If more than one security interest qualifies for priority in the same
collateral under subsection (a), subsection (b), subsection (d), or subsection (f):
(1) A security interest securing an obligation incurred as all or part
of the price of the collateral has priority over a security interest securing an obligation
incurred for value given to enable the debtor to acquire rights in or the use of
collateral; and
(2) In all other cases, § 9-322(a) applies to the qualifying security
interests.

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