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Session Laws, 1963
Volume 671, Page 930   View pdf image (33K)
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932                                LAWS OF MARYLAND                        [CH. 538

(c) such notification states that the person giving the notice has
or expects to acquire a purchase money security interest in inventory
of the debtor, describing such inventory by item or type.

(4) A purchase money security interest in collateral other than
inventory has priority over a conflicting security interest in the
same collateral if the purchase money security interest is perfected
at the time the debtor receives possession of the collateral or within
ten days thereafter.

(5)  In all cases not governed by other rules stated in this section
(including cases of purchase money security interests which do not
qualify for the special priorities set forth in subsections (3) and (4)
of this section), priority between conflicting security interests in
the same collateral shall be determined as follows:

(a)  in the order of filing if both are perfected by filing, regard-
less of which security interest attached first under Section 9
204

-(1) and whether it attached before or after filing;

(b)  in the order of perfection unless both are perfected by filing,
regardless of which security interest attached first under Section
9
204 (1) and, in the case of a filed security interest, whether it
attached before or after filing; and

(c)  in the order of attachment under Section 9204 (1) so long
as neither is perfected.

(6)  For the purpose of the priority rules of the immediately
preceding subsection, a continuously perfected security interest shall
be treated at all times as if perfected by filing if it was originally so
perfected and it shall be treated at all times as if perfected other-
wise than by filing if it was originally perfected otherwise than by
filing.

9313. Priority of Security Interests in Fixtures.

(1)  The rules of this section do not apply to goods incorporated into
a structure in the manner of lumber, bricks, tile, cement, glass,
metal work and the like and no security interest in them exists under
this Sub-title unless the structure remains personal property under
applicable law. The law of this state other than this Article deter-
mines whether and when other goods become fixtures. This Article
does not prevent creation of an encumbrance upon fixtures or real
estate pursuant to the law applicable to real estate.

(2)  A security interest which attaches to goods before they become
fixtures takes priority as to the goods over the claims of all persons
who have an interest in the real estate except as stated in subsection

(4).

(3)  A security interest which attaches to goods after they become
fixtures is valid against all persons subsequently acquiring interests
in the real estate except as stated in subsection (4) but is invalid
against any person with an interest in the real estate at the time
the security interest attaches to the goods who has not in writing
consented to the security interest or disclaimed an interest in the
goods as fixtures.

(4) The security interests described in subsections (2) and (3)
do not take priority over


 

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Session Laws, 1963
Volume 671, Page 930   View pdf image (33K)
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