§25‑9‑330. Priority of purchaser of chattel paper or instrument.
(a) Purchaser'spriority: security interest claimed merely as proceeds. A purchaser ofchattel paper has priority over a security interest in the chattel paper whichis claimed merely as proceeds of inventory subject to a security interest if:
(1) In good faith and inthe ordinary course of the purchaser's business, the purchaser gives new valueand takes possession of the chattel paper or obtains control of the chattelpaper under G.S. 25‑9‑105; and
(2) The chattel paperdoes not indicate that it has been assigned to an identified assignee otherthan the purchaser.
(b) Purchaser'spriority: other security interests. A purchaser of chattel paper has priorityover a security interest in the chattel paper which is claimed other thanmerely as proceeds of inventory subject to a security interest if the purchasergives new value and takes possession of the chattel paper or obtains control ofthe chattel paper under G.S. 25‑9‑105 in good faith, in theordinary course of the purchaser's business, and without knowledge that thepurchase violates the rights of the secured party.
(c) Chattel paperpurchaser's priority in proceeds. Except as otherwise provided in G.S. 25‑9‑327,a purchaser having priority in chattel paper under subsection (a) or (b) ofthis section also has priority in proceeds of the chattel paper to the extentthat:
(1) G.S. 25‑9‑322provides for priority in the proceeds; or
(2) The proceeds consistof the specific goods covered by the chattel paper or cash proceeds of thespecific goods, even if the purchaser's security interest in the proceeds isunperfected.
(d) Instrumentpurchaser's priority. Except as otherwise provided in G.S. 25‑9‑331(a),a purchaser of an instrument has priority over a security interest in theinstrument perfected by a method other than possession if the purchaser givesvalue and takes possession of the instrument in good faith and withoutknowledge that the purchase violates the rights of the secured party.
(e) Holder of purchase‑moneysecurity interest gives new value. For purposes of subsections (a) and (b) ofthis section, the holder of a purchase‑money security interest ininventory gives new value for chattel paper constituting proceeds of the inventory.
(f) Indication ofassignment gives knowledge. For purposes of subsections (b) and (d) of thissection, if chattel paper or an instrument indicates that it has been assignedto an identified secured party other than the purchaser, a purchaser of thechattel paper or instrument has knowledge that the purchase violates the rightsof the secured party. (1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7;2000‑169, s. 1.)
§25‑9‑330. Priority of purchaser of chattel paper or instrument.
(a) Purchaser'spriority: security interest claimed merely as proceeds. A purchaser ofchattel paper has priority over a security interest in the chattel paper whichis claimed merely as proceeds of inventory subject to a security interest if:
(1) In good faith and inthe ordinary course of the purchaser's business, the purchaser gives new valueand takes possession of the chattel paper or obtains control of the chattelpaper under G.S. 25‑9‑105; and
(2) The chattel paperdoes not indicate that it has been assigned to an identified assignee otherthan the purchaser.
(b) Purchaser'spriority: other security interests. A purchaser of chattel paper has priorityover a security interest in the chattel paper which is claimed other thanmerely as proceeds of inventory subject to a security interest if the purchasergives new value and takes possession of the chattel paper or obtains control ofthe chattel paper under G.S. 25‑9‑105 in good faith, in theordinary course of the purchaser's business, and without knowledge that thepurchase violates the rights of the secured party.
(c) Chattel paperpurchaser's priority in proceeds. Except as otherwise provided in G.S. 25‑9‑327,a purchaser having priority in chattel paper under subsection (a) or (b) ofthis section also has priority in proceeds of the chattel paper to the extentthat:
(1) G.S. 25‑9‑322provides for priority in the proceeds; or
(2) The proceeds consistof the specific goods covered by the chattel paper or cash proceeds of thespecific goods, even if the purchaser's security interest in the proceeds isunperfected.
(d) Instrumentpurchaser's priority. Except as otherwise provided in G.S. 25‑9‑331(a),a purchaser of an instrument has priority over a security interest in theinstrument perfected by a method other than possession if the purchaser givesvalue and takes possession of the instrument in good faith and withoutknowledge that the purchase violates the rights of the secured party.
(e) Holder of purchase‑moneysecurity interest gives new value. For purposes of subsections (a) and (b) ofthis section, the holder of a purchase‑money security interest ininventory gives new value for chattel paper constituting proceeds of the inventory.
(f) Indication ofassignment gives knowledge. For purposes of subsections (b) and (d) of thissection, if chattel paper or an instrument indicates that it has been assignedto an identified secured party other than the purchaser, a purchaser of thechattel paper or instrument has knowledge that the purchase violates the rightsof the secured party. (1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7;2000‑169, s. 1.)
§25‑9‑330. Priority of purchaser of chattel paper or instrument.
(a) Purchaser'spriority: security interest claimed merely as proceeds. A purchaser ofchattel paper has priority over a security interest in the chattel paper whichis claimed merely as proceeds of inventory subject to a security interest if:
(1) In good faith and inthe ordinary course of the purchaser's business, the purchaser gives new valueand takes possession of the chattel paper or obtains control of the chattelpaper under G.S. 25‑9‑105; and
(2) The chattel paperdoes not indicate that it has been assigned to an identified assignee otherthan the purchaser.
(b) Purchaser'spriority: other security interests. A purchaser of chattel paper has priorityover a security interest in the chattel paper which is claimed other thanmerely as proceeds of inventory subject to a security interest if the purchasergives new value and takes possession of the chattel paper or obtains control ofthe chattel paper under G.S. 25‑9‑105 in good faith, in theordinary course of the purchaser's business, and without knowledge that thepurchase violates the rights of the secured party.
(c) Chattel paperpurchaser's priority in proceeds. Except as otherwise provided in G.S. 25‑9‑327,a purchaser having priority in chattel paper under subsection (a) or (b) ofthis section also has priority in proceeds of the chattel paper to the extentthat:
(1) G.S. 25‑9‑322provides for priority in the proceeds; or
(2) The proceeds consistof the specific goods covered by the chattel paper or cash proceeds of thespecific goods, even if the purchaser's security interest in the proceeds isunperfected.
(d) Instrumentpurchaser's priority. Except as otherwise provided in G.S. 25‑9‑331(a),a purchaser of an instrument has priority over a security interest in theinstrument perfected by a method other than possession if the purchaser givesvalue and takes possession of the instrument in good faith and withoutknowledge that the purchase violates the rights of the secured party.
(e) Holder of purchase‑moneysecurity interest gives new value. For purposes of subsections (a) and (b) ofthis section, the holder of a purchase‑money security interest ininventory gives new value for chattel paper constituting proceeds of the inventory.
(f) Indication ofassignment gives knowledge. For purposes of subsections (b) and (d) of thissection, if chattel paper or an instrument indicates that it has been assignedto an identified secured party other than the purchaser, a purchaser of thechattel paper or instrument has knowledge that the purchase violates the rightsof the secured party. (1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7;2000‑169, s. 1.)
