West Virginia Code § 46-9-322

Priorities among conflicting security interests in and agricultural liens
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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 perfectionu.
(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 lare unperfected.
(b) Time of perfection: proceeds and supporting obligations. For the purposes of subsection
(a)(1) of this section: i
(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) of this section, 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) of this section
and except as otherwise provided in subsection (f) of this section, 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) of this section applies only if the proceeds
of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments,
investment property or letter-of-credit rights. e
(f) Limitations on subsections (a) through (e). Subsections (a) through (e), inclusive, of this
section are subject to:
(1) Subsection (g) of this section 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 two or two-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.

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