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1. If the secured party obtained control under s. 408.106 (4) (a), the secured
19party's becoming the person for which the securities account is maintained;
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2. If the secured party obtained control under s. 408.106 (4) (b), the securities
21intermediary's agreement to comply with the secured party's entitlement orders with
22respect to security entitlements carried or to be carried in the securities account; or
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3. If the secured party obtained control through another person under s.
24408.106 (4) (c), the time on which priority would be based under this subsection if the
25other person were the secured party; or
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1(c) If the collateral is a commodity contract carried with a commodity
2intermediary, the satisfaction of the requirement for control specified in s. 409.106
3(2) (b) with respect to commodity contracts carried or to be carried with the
4commodity intermediary.
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5(3) Priority of securities intermediary regarding entitlement or account.
6A security interest held by a securities intermediary in a security entitlement or a
7securities account maintained with the securities intermediary has priority over a
8conflicting security interest held by another secured party.
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9(4) Priority of securities intermediary regarding contract or account. A
10security interest held by a commodity intermediary in a commodity contract or a
11commodity account maintained with the commodity intermediary has priority over
12a conflicting security interest held by another secured party.
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13(5) Priority in certificated securities. A security interest in a certificated
14security in registered form which is perfected by taking delivery under s. 409.313 (1)
15and not by control under s. 409.314 has priority over a conflicting security interest
16perfected by a method other than control.
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17(6) Priority of conflicting security interests; intermediaries. Conflicting
18security interests created by a broker, securities intermediary, or commodity
19intermediary which are perfected without control under s. 409.106 rank equally.
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20(7) Priority of conflicting security interests; others. In all other cases,
21priority among conflicting security interests in investment property is governed by
22ss. 409.322 and 409.323.
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23409.329 Priority of security interests in letter-of-credit right. The
24following rules govern priority among conflicting security interests in the same
25letter-of-credit right:
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1(1) Control by secured party. A security interest held by a secured party
2having control of the letter-of-credit right under s. 409.107 has priority to the extent
3of its control over a conflicting security interest held by a secured party that does not
4have control.
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5(2) Priority in time of control. Security interests perfected by control under
6s. 409.314 rank according to priority in time of obtaining control.
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7409.330 Priority of purchaser of chattel paper or instrument.
(1) 8Purchaser's priority: security interest claimed merely as proceeds. A purchaser
9of chattel paper has priority over a security interest in the chattel paper which is
10claimed merely as proceeds of inventory subject to a security interest if:
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(a) In good faith and in the ordinary course of the purchaser's business, the
12purchaser gives new value and takes possession of the chattel paper or obtains
13control of the chattel paper under s. 409.105; and
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(b) The chattel paper does not indicate that it has been assigned to an identified
15assignee other than the purchaser.
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16(2) Purchaser's priority: other security interests. A purchaser of chattel
17paper has priority over a security interest in the chattel paper which is claimed other
18than merely as proceeds of inventory subject to a security interest if the purchaser
19gives new value and takes possession of the chattel paper or obtains control of the
20chattel paper under s. 409.105 in good faith, in the ordinary course of the purchaser's
21business, and without knowledge that the purchase violates the rights of the secured
22party.
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23(3) Chattel paper purchaser's priority in proceeds. Except as otherwise
24provided in s. 409.327, a purchaser having priority in chattel paper under sub. (1)
25or (2) also has priority in proceeds of the chattel paper to the extent that:
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1(a) Section 409.322 provides for priority in the proceeds; or
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(b) The proceeds consist of the specific goods covered by the chattel paper or
3cash proceeds of the specific goods, even if the purchaser's security interest in the
4proceeds is unperfected.
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5(4) Instrument purchaser's priority. Except as otherwise provided in s.
6409.331 (1), a purchaser of an instrument has priority over a security interest in the
7instrument perfected by a method other than possession if the purchaser gives value
8and takes possession of the instrument in good faith and without knowledge that the
9purchase violates the rights of the secured party.
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10(5) Holder of purchase-money security interest gives new value. For
11purposes of subs. (1) and (2), the holder of a purchase-money security interest in
12inventory gives new value for chattel paper constituting proceeds of the inventory.
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13(6) Indication of assignment gives knowledge. For purposes of subs. (2) and
14(4), if chattel paper or an instrument indicates that it has been assigned to an
15identified secured party other than the purchaser, a purchaser of the chattel paper
16or instrument has knowledge that the purchase violates the rights of the secured
17party.
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18409.331 Priority of rights of purchasers of instruments, documents,
19and securities under other chapters; priority of interests in financial assets
20and security entitlements under ch. 408.
(1)
Rights under chs. 403, 407, and 408
21not limited. This chapter does not limit the rights of a holder in due course of a
22negotiable instrument, a holder to which a negotiable document of title has been duly
23negotiated, or a protected purchaser of a security. These holders or purchasers take
24priority over an earlier security interest, even if perfected, to the extent provided in
25chs. 403, 407, and 408.
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1(2) Protection under ch. 408. This chapter does not limit the rights of or impose
2liability on a person to the extent that the person is protected against the assertion
3of an adverse claim under ch. 408.
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4(3) Filing not notice. Filing under this chapter does not constitute notice of
5a claim or defense to the holders, or purchasers, or persons described in subs. (1) and
6(2).
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7409.332 Transfer of money; transfer of funds from deposit account.
(1)
8Transferee of money. A transferee of money takes the money free of a security
9interest unless the transferee acts in collusion with the debtor in violating the rights
10of the secured party.
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11(2) Transferee of funds from deposit account. A transferee of funds from a
12deposit account takes the funds free of a security interest in the deposit account
13unless the transferee acts in collusion with the debtor in violating the rights of the
14secured party.
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15409.333 Priority of certain liens arising by operation of law.
(1) 16Possessory lien. In this section, "possessory lien" means an interest, other than a
17security interest or an agricultural lien:
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(a) Which secures payment or performance of an obligation for services or
19materials furnished with respect to goods by a person in the ordinary course of the
20person's business;