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Question 1 of 30
1. Question
Prairie Livestock Finance, a Nebraska-based lender, extended a loan to Cornhusker Cattle Feeders, secured by all of Cornhusker’s assets, including its operating deposit account at First State Bank of Omaha. Prairie Livestock Finance filed a UCC-1 financing statement with the Nebraska Secretary of State and sent a notice to First State Bank of Omaha informing them of the security interest. Prairie Livestock Finance did not, however, obtain a control agreement from First State Bank of Omaha. Subsequently, Cornhusker Cattle Feeders declared bankruptcy. In the bankruptcy proceedings, a dispute arose regarding the priority of Prairie Livestock Finance’s security interest in the deposit account. What is the status of Prairie Livestock Finance’s security interest in the deposit account?
Correct
The question pertains to the perfection of a security interest in deposit accounts under Nebraska’s Article 9 of the Uniform Commercial Code. Under UCC § 9-312(b), a security interest in a deposit account as original collateral can only be perfected by control. Control is defined in UCC § 9-104. For deposit accounts, control is achieved when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the bank’s agreement to comply with the secured party’s instructions regarding the deposit account. Filing a financing statement is generally insufficient for perfection of a security interest in a deposit account as original collateral. Therefore, if the bank is not the secured party and has not provided an agreement to the secured party to comply with instructions, the security interest is unperfected, even if a financing statement is filed.
Incorrect
The question pertains to the perfection of a security interest in deposit accounts under Nebraska’s Article 9 of the Uniform Commercial Code. Under UCC § 9-312(b), a security interest in a deposit account as original collateral can only be perfected by control. Control is defined in UCC § 9-104. For deposit accounts, control is achieved when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the bank’s agreement to comply with the secured party’s instructions regarding the deposit account. Filing a financing statement is generally insufficient for perfection of a security interest in a deposit account as original collateral. Therefore, if the bank is not the secured party and has not provided an agreement to the secured party to comply with instructions, the security interest is unperfected, even if a financing statement is filed.
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Question 2 of 30
2. Question
A Nebraska-based company, “Prairie Produce Inc.,” grants a security interest in all of its current and future accounts to “Agri-Finance LLC,” a company headquartered in Iowa. The collateral, the accounts themselves, are intangible and arise from sales to customers located throughout the United States. Agri-Finance LLC files a financing statement in Nebraska to perfect its security interest. Prairie Produce Inc. later defaults on its obligations to Agri-Finance LLC. Subsequently, a competing creditor, “Grain Bank Corp.,” also located in Iowa, obtains a judgment against Prairie Produce Inc. and attempts to levy on the accounts. Which action by Agri-Finance LLC is most effective to establish its priority over Grain Bank Corp.’s claim to the accounts?
Correct
The core issue here revolves around the perfection of a security interest in accounts, specifically when the debtor is located in Nebraska and the collateral is located outside Nebraska, and the secured party is also located outside Nebraska. Under UCC § 9-301, the general rule for perfection of a security interest in accounts is that it is perfected when a financing statement covering the accounts is filed. However, UCC § 9-307 addresses the location of the debtor for purposes of determining the applicable law for perfection. For a debtor located in Nebraska, Nebraska law generally governs perfection and priority. UCC § 9-307(e) states that if the jurisdiction governing perfection of a security interest in collateral is determined by the law of the jurisdiction where the debtor is located, the subsequent change of the debtor’s location to another jurisdiction and the perfection of the security interest in that other jurisdiction are governed by the law of the jurisdiction where the debtor’s location changed. This implies that if the debtor’s location is the primary factor, then the law of the new location would apply. However, for accounts, UCC § 9-307(a) states that the law of the jurisdiction where the debtor is located governs perfection. If the debtor is located in Nebraska, Nebraska law applies. The question specifies that the debtor is located in Nebraska. Therefore, Nebraska’s Article 9 rules for perfection apply. Filing a financing statement in Nebraska is the primary method for perfecting a security interest in accounts. The location of the collateral (outside Nebraska) is generally irrelevant for perfection in accounts, as accounts are generally considered intangible and their location is tied to the location of the debtor. The secured party’s location is also not the determining factor for perfection in this context. Thus, filing a financing statement in Nebraska is the correct method.
Incorrect
The core issue here revolves around the perfection of a security interest in accounts, specifically when the debtor is located in Nebraska and the collateral is located outside Nebraska, and the secured party is also located outside Nebraska. Under UCC § 9-301, the general rule for perfection of a security interest in accounts is that it is perfected when a financing statement covering the accounts is filed. However, UCC § 9-307 addresses the location of the debtor for purposes of determining the applicable law for perfection. For a debtor located in Nebraska, Nebraska law generally governs perfection and priority. UCC § 9-307(e) states that if the jurisdiction governing perfection of a security interest in collateral is determined by the law of the jurisdiction where the debtor is located, the subsequent change of the debtor’s location to another jurisdiction and the perfection of the security interest in that other jurisdiction are governed by the law of the jurisdiction where the debtor’s location changed. This implies that if the debtor’s location is the primary factor, then the law of the new location would apply. However, for accounts, UCC § 9-307(a) states that the law of the jurisdiction where the debtor is located governs perfection. If the debtor is located in Nebraska, Nebraska law applies. The question specifies that the debtor is located in Nebraska. Therefore, Nebraska’s Article 9 rules for perfection apply. Filing a financing statement in Nebraska is the primary method for perfecting a security interest in accounts. The location of the collateral (outside Nebraska) is generally irrelevant for perfection in accounts, as accounts are generally considered intangible and their location is tied to the location of the debtor. The secured party’s location is also not the determining factor for perfection in this context. Thus, filing a financing statement in Nebraska is the correct method.
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Question 3 of 30
3. Question
Consider a scenario in Nebraska where a lender, “AgriBank,” provides financing to a farmer, Mr. Gable, secured by a tractor. The tractor is a vehicle subject to a certificate of title under Nebraska law. AgriBank takes all necessary steps to secure its interest, including filing a UCC financing statement with the Nebraska Secretary of State. Subsequently, Mr. Gable sells the tractor to Ms. Peterson, a local dealership owner who is aware of AgriBank’s financing arrangement with Mr. Gable. Ms. Peterson pays value for the tractor and takes possession. What is the perfection status of AgriBank’s security interest in the tractor, and what is the consequence for AgriBank’s rights against Ms. Peterson?
Correct
In Nebraska, under Article 9 of the Uniform Commercial Code, a security interest in a vehicle that is titled is generally perfected by notation on the certificate of title, not by filing a UCC financing statement. This is because the certificate of title serves as the primary record for security interests in such collateral. When a lender takes a security interest in a vehicle that is subject to a certificate of title, they must ensure their lien is properly noted on the certificate of title issued by the Nebraska Department of Motor Vehicles. Filing a UCC financing statement would be ineffective for perfection of a security interest in a vehicle covered by a certificate of title, as it does not comply with the state’s certificate of title statute, which dictates the exclusive method for perfection. Therefore, the creditor’s security interest would be unperfected against a buyer of the vehicle who takes possession of it, even if the buyer had knowledge of the unperfected security interest, because the buyer would take free of the unperfected security interest under UCC § 9-317(b) if they are a buyer not in the ordinary course of business who gives value and receives delivery of the collateral without knowledge of the security interest. However, the question implies the buyer *does* have knowledge. Even with knowledge, perfection via title notation is the exclusive method for vehicles subject to titling laws. Without proper notation on the title, the security interest remains unperfected, and the creditor cannot assert their rights against a subsequent purchaser who takes possession, regardless of the purchaser’s knowledge, because the statutory perfection mechanism was not followed.
Incorrect
In Nebraska, under Article 9 of the Uniform Commercial Code, a security interest in a vehicle that is titled is generally perfected by notation on the certificate of title, not by filing a UCC financing statement. This is because the certificate of title serves as the primary record for security interests in such collateral. When a lender takes a security interest in a vehicle that is subject to a certificate of title, they must ensure their lien is properly noted on the certificate of title issued by the Nebraska Department of Motor Vehicles. Filing a UCC financing statement would be ineffective for perfection of a security interest in a vehicle covered by a certificate of title, as it does not comply with the state’s certificate of title statute, which dictates the exclusive method for perfection. Therefore, the creditor’s security interest would be unperfected against a buyer of the vehicle who takes possession of it, even if the buyer had knowledge of the unperfected security interest, because the buyer would take free of the unperfected security interest under UCC § 9-317(b) if they are a buyer not in the ordinary course of business who gives value and receives delivery of the collateral without knowledge of the security interest. However, the question implies the buyer *does* have knowledge. Even with knowledge, perfection via title notation is the exclusive method for vehicles subject to titling laws. Without proper notation on the title, the security interest remains unperfected, and the creditor cannot assert their rights against a subsequent purchaser who takes possession, regardless of the purchaser’s knowledge, because the statutory perfection mechanism was not followed.
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Question 4 of 30
4. Question
Farmer Giles, a Nebraska resident engaged in crop farming, secured a loan from Bank A with a security agreement covering all his existing and after-acquired farm equipment and inventory. Bank A promptly perfected its security interest by filing a UCC-1 financing statement in Nebraska. Subsequently, Farmer Giles obtained another loan from Bank B, granting Bank B a security interest in his after-acquired inventory. Bank B also perfected its security interest. When Farmer Giles defaults on both loans, a significant portion of the collateral consists of new inventory acquired after both security agreements were in place. Which bank holds the superior security interest in the newly acquired inventory?
Correct
The core issue here revolves around the priority of security interests when a debtor defaults on multiple secured obligations, specifically concerning after-acquired property. Under Nebraska’s UCC Article 9, a security interest generally attaches to after-acquired property of the same type as the collateral described in the security agreement. When multiple secured parties have perfected security interests in such collateral, priority is typically determined by the first-to-file or first-to-perfect rule. In this scenario, Bank A has a perfected security interest in all of Farmer Giles’s existing and after-acquired inventory and farm equipment. Bank B later obtains a perfected security interest in Farmer Giles’s after-acquired inventory. When Farmer Giles defaults, both banks have claims to the newly acquired inventory. Bank A’s security interest attached to the after-acquired inventory when it was acquired by Farmer Giles, as it was within the scope of their original agreement. Bank B’s security interest also attached upon acquisition. Since Bank A filed its financing statement first, its perfected security interest has priority over Bank B’s security interest in the after-acquired inventory. This is because the after-acquired property clause in Bank A’s agreement effectively grants them a security interest in the inventory as soon as it comes into existence and is acquired by the debtor, and their prior filing establishes their priority. The fact that Bank B’s interest is also in after-acquired inventory does not alter this priority, as the first-to-file rule applies. Therefore, Bank A has the senior claim.
Incorrect
The core issue here revolves around the priority of security interests when a debtor defaults on multiple secured obligations, specifically concerning after-acquired property. Under Nebraska’s UCC Article 9, a security interest generally attaches to after-acquired property of the same type as the collateral described in the security agreement. When multiple secured parties have perfected security interests in such collateral, priority is typically determined by the first-to-file or first-to-perfect rule. In this scenario, Bank A has a perfected security interest in all of Farmer Giles’s existing and after-acquired inventory and farm equipment. Bank B later obtains a perfected security interest in Farmer Giles’s after-acquired inventory. When Farmer Giles defaults, both banks have claims to the newly acquired inventory. Bank A’s security interest attached to the after-acquired inventory when it was acquired by Farmer Giles, as it was within the scope of their original agreement. Bank B’s security interest also attached upon acquisition. Since Bank A filed its financing statement first, its perfected security interest has priority over Bank B’s security interest in the after-acquired inventory. This is because the after-acquired property clause in Bank A’s agreement effectively grants them a security interest in the inventory as soon as it comes into existence and is acquired by the debtor, and their prior filing establishes their priority. The fact that Bank B’s interest is also in after-acquired inventory does not alter this priority, as the first-to-file rule applies. Therefore, Bank A has the senior claim.
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Question 5 of 30
5. Question
Aurora Agricultural Services, a Nebraska-based entity, has granted a security interest in its operating accounts to Capital City Bank, also located in Nebraska. These operating accounts, however, are exclusively maintained with First National Bank of Des Moines, an Iowa chartered institution. Aurora Agricultural Services defaults on its loan obligations to Capital City Bank. To establish its priority claim over the funds in the deposit accounts, Capital City Bank must ensure its security interest is perfected. Considering the specific provisions of Nebraska’s Uniform Commercial Code Article 9, what jurisdiction’s law primarily governs the method by which Capital City Bank can achieve perfection by control over these deposit accounts?
Correct
The core issue here is the perfection of a security interest in a deposit account that is maintained by a debtor in a jurisdiction other than Nebraska, but where the debtor is located in Nebraska. Article 9 of the Uniform Commercial Code, as adopted in Nebraska (Neb. Rev. Stat. § 9-304), generally governs the perfection of security interests. For deposit accounts, perfection is achieved by control. Section 9-104 defines control over a deposit account. Section 9-304(a) states that the law of the jurisdiction where the debtor is located governs perfection of security interests in deposit accounts. Nebraska’s UCC § 9-307(e) clarifies that for purposes of perfection and priority, a debtor located in Nebraska is deemed to be located at its chief executive office. However, the situs of the deposit account itself, and the perfection rules for control, are determined by the law of the jurisdiction where the deposit account is maintained. Therefore, if the deposit account is in a bank located in Iowa, Iowa law would govern the perfection by control of that account. The security agreement is between a Nebraska debtor and a Nebraska secured party, and the collateral is a deposit account held in an Iowa bank. Perfection of a security interest in a deposit account requires control. Under UCC § 9-104, control is typically achieved by becoming the bank’s customer with respect to the deposit account, or by an agreement among the debtor, secured party, and bank whereby the bank agrees to comply with the secured party’s instructions. The law governing perfection of security interests in deposit accounts is the law of the jurisdiction where the debtor is located, which is Nebraska. However, the method of achieving control is governed by the law of the jurisdiction where the deposit account is maintained. Since the deposit account is maintained in an Iowa bank, Iowa’s version of UCC Article 9 would dictate the requirements for obtaining control. Therefore, the secured party must comply with Iowa’s perfection rules for deposit accounts to perfect its security interest.
Incorrect
The core issue here is the perfection of a security interest in a deposit account that is maintained by a debtor in a jurisdiction other than Nebraska, but where the debtor is located in Nebraska. Article 9 of the Uniform Commercial Code, as adopted in Nebraska (Neb. Rev. Stat. § 9-304), generally governs the perfection of security interests. For deposit accounts, perfection is achieved by control. Section 9-104 defines control over a deposit account. Section 9-304(a) states that the law of the jurisdiction where the debtor is located governs perfection of security interests in deposit accounts. Nebraska’s UCC § 9-307(e) clarifies that for purposes of perfection and priority, a debtor located in Nebraska is deemed to be located at its chief executive office. However, the situs of the deposit account itself, and the perfection rules for control, are determined by the law of the jurisdiction where the deposit account is maintained. Therefore, if the deposit account is in a bank located in Iowa, Iowa law would govern the perfection by control of that account. The security agreement is between a Nebraska debtor and a Nebraska secured party, and the collateral is a deposit account held in an Iowa bank. Perfection of a security interest in a deposit account requires control. Under UCC § 9-104, control is typically achieved by becoming the bank’s customer with respect to the deposit account, or by an agreement among the debtor, secured party, and bank whereby the bank agrees to comply with the secured party’s instructions. The law governing perfection of security interests in deposit accounts is the law of the jurisdiction where the debtor is located, which is Nebraska. However, the method of achieving control is governed by the law of the jurisdiction where the deposit account is maintained. Since the deposit account is maintained in an Iowa bank, Iowa’s version of UCC Article 9 would dictate the requirements for obtaining control. Therefore, the secured party must comply with Iowa’s perfection rules for deposit accounts to perfect its security interest.
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Question 6 of 30
6. Question
Prairie Holdings LLC, a Nebraska-based agricultural supplier, granted a security interest in its business assets, including its operating accounts held at First State Bank of Lincoln, to AgriBank Corp. as collateral for a substantial loan. AgriBank Corp. diligently filed a UCC-1 financing statement with the Nebraska Secretary of State covering all of Prairie Holdings LLC’s personal property, including accounts. Prairie Holdings LLC subsequently defaulted on its loan. Which of the following statements accurately describes the perfection status of AgriBank Corp.’s security interest in Prairie Holdings LLC’s deposit account at First State Bank of Lincoln?
Correct
The core issue here is the perfection of a security interest in a deposit account, which is a “special collateral” under Article 9 of the Uniform Commercial Code. Nebraska, like most states, follows Revised Article 9. Perfection in a deposit account is achieved exclusively by control, as defined in UCC § 9-104. Control is established when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank and the depositary. UCC § 9-312(b)(1) states that a security interest in a deposit account as original collateral can only be perfected by control. Filing a financing statement is insufficient for perfection in deposit accounts. Therefore, even though a financing statement was filed, it does not perfect the security interest in the deposit account itself. The security interest in the general intangibles (the promissory note) would be perfected by filing, but the question specifically asks about the deposit account. The agreement granting the security interest is important for attachment, but not for perfection in this specific type of collateral. The absence of control means the security interest in the deposit account is unperfected.
Incorrect
The core issue here is the perfection of a security interest in a deposit account, which is a “special collateral” under Article 9 of the Uniform Commercial Code. Nebraska, like most states, follows Revised Article 9. Perfection in a deposit account is achieved exclusively by control, as defined in UCC § 9-104. Control is established when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank and the depositary. UCC § 9-312(b)(1) states that a security interest in a deposit account as original collateral can only be perfected by control. Filing a financing statement is insufficient for perfection in deposit accounts. Therefore, even though a financing statement was filed, it does not perfect the security interest in the deposit account itself. The security interest in the general intangibles (the promissory note) would be perfected by filing, but the question specifically asks about the deposit account. The agreement granting the security interest is important for attachment, but not for perfection in this specific type of collateral. The absence of control means the security interest in the deposit account is unperfected.
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Question 7 of 30
7. Question
AgriBank extended a loan to Prairie Harvest Farms, LLC, a Nebraska-based agricultural producer, securing the loan with all of Prairie Harvest’s assets, including its accounts, equipment, and general intangibles. Prairie Harvest maintains its primary operating account, a deposit account, at the First National Bank of Omaha. AgriBank promptly filed a UCC-1 financing statement with the Nebraska Secretary of State covering all of Prairie Harvest’s assets. Subsequently, Prairie Harvest obtained a separate, unsecured loan from Lincoln Credit Union. When Prairie Harvest defaults on both obligations, Lincoln Credit Union seeks to attach its judgment lien to the funds in the operating account at First National Bank of Omaha. What is the status of AgriBank’s security interest in the deposit account relative to Lincoln Credit Union’s unperfected security interest?
Correct
The core issue in this scenario revolves around the perfection of a security interest in a deposit account. Under Nebraska Revised Statutes § 28-3-104, a deposit account is generally not a general intangible, and therefore, perfection of a security interest in it typically requires control, not filing. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the bank’s agreement that the bank will follow the secured party’s instructions concerning the deposit account. Filing a financing statement under Article 9 is generally ineffective to perfect a security interest in a deposit account. Therefore, even though AgriBank filed a financing statement, this action does not perfect their security interest in the operating account held at First National Bank of Omaha. The security interest remains unperfected.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in a deposit account. Under Nebraska Revised Statutes § 28-3-104, a deposit account is generally not a general intangible, and therefore, perfection of a security interest in it typically requires control, not filing. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the bank’s agreement that the bank will follow the secured party’s instructions concerning the deposit account. Filing a financing statement under Article 9 is generally ineffective to perfect a security interest in a deposit account. Therefore, even though AgriBank filed a financing statement, this action does not perfect their security interest in the operating account held at First National Bank of Omaha. The security interest remains unperfected.
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Question 8 of 30
8. Question
Prairie Harvest Farms, a farming operation based in rural Nebraska, secured a loan from AgriCorp by granting AgriCorp a security interest in all its current and future crops, including all harvested grain. AgriCorp diligently filed a UCC-1 financing statement with the Nebraska Secretary of State’s office to perfect its security interest. Subsequently, Prairie Harvest Farms sold a substantial quantity of its harvested corn to GrainCo, a large regional grain elevator that regularly purchases grain from farmers in the area. GrainCo purchased the corn in the ordinary course of its business and paid Prairie Harvest Farms the agreed-upon price. Later, Prairie Harvest Farms defaulted on its loan with AgriCorp. AgriCorp seeks to repossess the corn from GrainCo. What is the legal status of GrainCo’s interest in the corn?
Correct
The question asks about the priority of a security interest in a “farm product” when the debtor is a farmer in Nebraska. Under Nebraska’s Article 9, farm products are treated differently than other types of collateral. A buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by their seller, even if the buyer knows of the security interest, unless the buyer has filed a financing statement and the buyer has received notice of the contents of the financing statement within a year before the purchase. However, the exception for filing and notice applies to security interests in farm products granted by a seller who is a farmer, not by a seller who is not a farmer but whose business involves farm products. In this scenario, the debtor, “Prairie Harvest Farms,” is a farmer, and the collateral is “grain” which constitutes a farm product. “AgriCorp” perfected its security interest by filing. “GrainCo,” a grain elevator, is a buyer of farm products in the ordinary course of business. Nebraska’s UCC § 9-320(a) states that a buyer in ordinary course of business takes free of a security interest created by the seller, even if the buyer knows of the security interest, unless the buyer buys farm products from a person engaged in farming operations, and the buyer receives from the seller a list of the seller’s secured parties that is accurate and complete, and the buyer has reason to know of the list and the security interests. However, the critical aspect here is the specific treatment of farm products and the notice requirements. Nebraska’s UCC § 9-320(a) allows a buyer in the ordinary course of business of farm products to take free of a security interest created by their seller, even if the buyer knows of the security interest. The exception to this rule is if the buyer fails to obtain the list of secured parties as required by the statute. In this case, AgriCorp filed a financing statement. Prairie Harvest Farms, as a farmer, sold its grain to GrainCo. The key is whether GrainCo had reason to know of AgriCorp’s security interest. Since AgriCorp filed a financing statement, and GrainCo is a buyer in the ordinary course of business of farm products, GrainCo takes free of AgriCorp’s security interest UNLESS GrainCo failed to obtain the required list of secured parties from Prairie Harvest Farms, or had reason to know of the security interest despite the list. The statute provides that a buyer of farm products takes free of a security interest unless the buyer has reason to know of the security interest. The filing of a financing statement is generally not sufficient notice for a buyer of farm products to prevent them from taking free of the security interest, unlike other types of collateral. The exception is when the buyer has reason to know of the security interest. The question states GrainCo purchased the grain in the ordinary course of business. The critical factor is whether GrainCo had “reason to know” of AgriCorp’s security interest. The filing of the financing statement by AgriCorp is public notice, but for farm products, the UCC generally requires more specific notice to overcome the BIOC status. Nebraska’s UCC § 9-320(a) states a buyer in ordinary course of business of farm products takes free of a security interest created by the seller, even if the buyer knows of the security interest, unless the buyer buys farm products from a person engaged in farming operations and the buyer receives from the seller a list of the seller’s secured parties that is accurate and complete, and the buyer has reason to know of the list and the security interests. Since AgriCorp filed a financing statement, and GrainCo is a buyer of farm products in the ordinary course of business, GrainCo takes free of AgriCorp’s security interest unless GrainCo had actual knowledge or reason to know of the security interest. The filing of the financing statement by AgriCorp does not automatically make GrainCo have reason to know of the security interest in the context of farm products. Therefore, GrainCo takes free of the security interest.
Incorrect
The question asks about the priority of a security interest in a “farm product” when the debtor is a farmer in Nebraska. Under Nebraska’s Article 9, farm products are treated differently than other types of collateral. A buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by their seller, even if the buyer knows of the security interest, unless the buyer has filed a financing statement and the buyer has received notice of the contents of the financing statement within a year before the purchase. However, the exception for filing and notice applies to security interests in farm products granted by a seller who is a farmer, not by a seller who is not a farmer but whose business involves farm products. In this scenario, the debtor, “Prairie Harvest Farms,” is a farmer, and the collateral is “grain” which constitutes a farm product. “AgriCorp” perfected its security interest by filing. “GrainCo,” a grain elevator, is a buyer of farm products in the ordinary course of business. Nebraska’s UCC § 9-320(a) states that a buyer in ordinary course of business takes free of a security interest created by the seller, even if the buyer knows of the security interest, unless the buyer buys farm products from a person engaged in farming operations, and the buyer receives from the seller a list of the seller’s secured parties that is accurate and complete, and the buyer has reason to know of the list and the security interests. However, the critical aspect here is the specific treatment of farm products and the notice requirements. Nebraska’s UCC § 9-320(a) allows a buyer in the ordinary course of business of farm products to take free of a security interest created by their seller, even if the buyer knows of the security interest. The exception to this rule is if the buyer fails to obtain the list of secured parties as required by the statute. In this case, AgriCorp filed a financing statement. Prairie Harvest Farms, as a farmer, sold its grain to GrainCo. The key is whether GrainCo had reason to know of AgriCorp’s security interest. Since AgriCorp filed a financing statement, and GrainCo is a buyer in the ordinary course of business of farm products, GrainCo takes free of AgriCorp’s security interest UNLESS GrainCo failed to obtain the required list of secured parties from Prairie Harvest Farms, or had reason to know of the security interest despite the list. The statute provides that a buyer of farm products takes free of a security interest unless the buyer has reason to know of the security interest. The filing of a financing statement is generally not sufficient notice for a buyer of farm products to prevent them from taking free of the security interest, unlike other types of collateral. The exception is when the buyer has reason to know of the security interest. The question states GrainCo purchased the grain in the ordinary course of business. The critical factor is whether GrainCo had “reason to know” of AgriCorp’s security interest. The filing of the financing statement by AgriCorp is public notice, but for farm products, the UCC generally requires more specific notice to overcome the BIOC status. Nebraska’s UCC § 9-320(a) states a buyer in ordinary course of business of farm products takes free of a security interest created by the seller, even if the buyer knows of the security interest, unless the buyer buys farm products from a person engaged in farming operations and the buyer receives from the seller a list of the seller’s secured parties that is accurate and complete, and the buyer has reason to know of the list and the security interests. Since AgriCorp filed a financing statement, and GrainCo is a buyer of farm products in the ordinary course of business, GrainCo takes free of AgriCorp’s security interest unless GrainCo had actual knowledge or reason to know of the security interest. The filing of the financing statement by AgriCorp does not automatically make GrainCo have reason to know of the security interest in the context of farm products. Therefore, GrainCo takes free of the security interest.
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Question 9 of 30
9. Question
Prairie Bank of Nebraska holds a properly attached, but unperfected, security interest in a deposit account maintained at First National Bank of Omaha, which is also the debtor. Prairie Bank filed a UCC-1 financing statement with the Nebraska Secretary of State listing the deposit account as collateral. However, Prairie Bank never obtained control over the deposit account as defined by UCC § 9-104. Subsequently, a retail electronics store in Lincoln, Nebraska, purchases the entire deposit account from First National Bank of Omaha without knowledge of Prairie Bank’s security interest. What is the status of Prairie Bank’s security interest in the deposit account after the sale to the retail store?
Correct
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in deposit accounts is governed by specific rules. Unlike many other types of collateral, a security interest in a deposit account can only be perfected by control. Control is established when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the bank’s agreement to comply with the secured party’s instructions regarding the deposit account. Filing a financing statement is generally not sufficient for perfection in deposit accounts. Therefore, when a secured party has a security interest in a deposit account and has not obtained control, the security interest remains unperfected. This means that in the event of the debtor’s insolvency or the collateral’s transfer to a buyer, the unperfected security interest will likely be subordinate to the claims of others. Specifically, a buyer of the deposit account takes free of an unperfected security interest.
Incorrect
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in deposit accounts is governed by specific rules. Unlike many other types of collateral, a security interest in a deposit account can only be perfected by control. Control is established when the secured party is the bank with which the deposit account is maintained, or when the secured party obtains the bank’s agreement to comply with the secured party’s instructions regarding the deposit account. Filing a financing statement is generally not sufficient for perfection in deposit accounts. Therefore, when a secured party has a security interest in a deposit account and has not obtained control, the security interest remains unperfected. This means that in the event of the debtor’s insolvency or the collateral’s transfer to a buyer, the unperfected security interest will likely be subordinate to the claims of others. Specifically, a buyer of the deposit account takes free of an unperfected security interest.
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Question 10 of 30
10. Question
Prairie Bank, a Nebraska-chartered financial institution, obtained a judgment against Farmer Giles for an outstanding debt. Following the judgment, Prairie Bank initiated a levy on Farmer Giles’s tractor, a piece of farm equipment. Simultaneously, AgCredit LLC, a financing company based in Iowa, had a security agreement with Farmer Giles covering the same tractor, which was intended to secure a loan for new seed. AgCredit LLC did not file a financing statement in Nebraska before the levy, nor did it take possession of the tractor. What is the priority of the interests in the tractor?
Correct
Under Nebraska Revised Statutes Section 9-310(a), a security interest is generally perfected by filing a financing statement, unless the secured party is in possession of the collateral or the collateral is a deposit account, letter-of-credit right, or certificated security, in which case control is required for perfection. However, certain types of collateral, such as purchase-money security interests in consumer goods, are automatically perfected upon attachment without the need for filing or possession. This automatic perfection is a significant exception designed to facilitate small consumer transactions. In the scenario presented, the security interest is in farm equipment, which is not a consumer good and therefore does not qualify for automatic perfection. Perfection for farm equipment typically requires filing a financing statement in the appropriate jurisdiction, as per Section 9-302. Since the secured party, AgCredit LLC, did not file a financing statement in Nebraska, its security interest in the farm equipment is unperfected. This unperfected status means that AgCredit LLC’s claim is subordinate to the rights of a buyer in the ordinary course of business and also to the rights of a lien creditor, such as a judgment creditor who has levied on the collateral. Nebraska Revised Statutes Section 9-317(a)(2) states that an unperfected security interest is subordinate to the rights of a person who becomes a buyer of the collateral that is not a buyer in the ordinary course of business, and who gives value and receives delivery of the collateral, unless that buyer has notice of the conflicting security interest. More critically for this scenario, Section 9-317(a)(1) establishes that an unperfected security interest is subordinate to the rights of a lien creditor. A judgment creditor who has obtained a judgment and executed on the collateral becomes a lien creditor. Therefore, the judgment lien obtained by Prairie Bank, which attaches to the farm equipment prior to any filing by AgCredit LLC, will have priority over AgCredit LLC’s unperfected security interest.
Incorrect
Under Nebraska Revised Statutes Section 9-310(a), a security interest is generally perfected by filing a financing statement, unless the secured party is in possession of the collateral or the collateral is a deposit account, letter-of-credit right, or certificated security, in which case control is required for perfection. However, certain types of collateral, such as purchase-money security interests in consumer goods, are automatically perfected upon attachment without the need for filing or possession. This automatic perfection is a significant exception designed to facilitate small consumer transactions. In the scenario presented, the security interest is in farm equipment, which is not a consumer good and therefore does not qualify for automatic perfection. Perfection for farm equipment typically requires filing a financing statement in the appropriate jurisdiction, as per Section 9-302. Since the secured party, AgCredit LLC, did not file a financing statement in Nebraska, its security interest in the farm equipment is unperfected. This unperfected status means that AgCredit LLC’s claim is subordinate to the rights of a buyer in the ordinary course of business and also to the rights of a lien creditor, such as a judgment creditor who has levied on the collateral. Nebraska Revised Statutes Section 9-317(a)(2) states that an unperfected security interest is subordinate to the rights of a person who becomes a buyer of the collateral that is not a buyer in the ordinary course of business, and who gives value and receives delivery of the collateral, unless that buyer has notice of the conflicting security interest. More critically for this scenario, Section 9-317(a)(1) establishes that an unperfected security interest is subordinate to the rights of a lien creditor. A judgment creditor who has obtained a judgment and executed on the collateral becomes a lien creditor. Therefore, the judgment lien obtained by Prairie Bank, which attaches to the farm equipment prior to any filing by AgCredit LLC, will have priority over AgCredit LLC’s unperfected security interest.
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Question 11 of 30
11. Question
Prairie Agribusiness LLC, a Nebraska-based corporation, secured a loan from First National Bank of Omaha. As collateral for the loan, Prairie Agribusiness pledged its primary operating deposit account held at First National Bank of Omaha. The security agreement clearly identified the deposit account. Subsequently, Prairie Agribusiness also granted a security interest in the same deposit account to Heartland Credit Union to secure a separate loan. Heartland Credit Union filed a UCC-1 financing statement with the Nebraska Secretary of State, which listed the deposit account as collateral. What is the perfection status of First National Bank of Omaha’s security interest in the deposit account?
Correct
The core issue in this scenario revolves around the perfection of a security interest in a deposit account under Nebraska’s Article 9. Under UCC § 9-104(a), a security interest in a deposit account as collateral is generally not governed by Article 9, with specific exceptions. However, UCC § 9-313(a) provides that the attachment and perfection of a security interest in deposit accounts as original collateral or as proceeds of other collateral are governed by Article 9. A secured party can perfect a security interest in a deposit account by control. Control is achieved under UCC § 9-104(a)(1) if the secured party is the bank with which the deposit account is maintained. If the secured party is not the bank, control is achieved under UCC § 9-104(a)(2) if the secured party obtains the bank’s agreement to comply with the secured party’s instructions concerning the deposit account. In this case, First National Bank of Omaha holds a security interest in the deposit account and has obtained control by becoming the bank with which the account is maintained. Therefore, its security interest is perfected. The question asks about the perfection of First National Bank of Omaha’s security interest. Since First National Bank of Omaha is the bank with which the deposit account is maintained, it has obtained control over the deposit account under UCC § 9-104(a)(1), which is the method of perfection for deposit accounts when the secured party is the depositary bank. Thus, the security interest is perfected.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in a deposit account under Nebraska’s Article 9. Under UCC § 9-104(a), a security interest in a deposit account as collateral is generally not governed by Article 9, with specific exceptions. However, UCC § 9-313(a) provides that the attachment and perfection of a security interest in deposit accounts as original collateral or as proceeds of other collateral are governed by Article 9. A secured party can perfect a security interest in a deposit account by control. Control is achieved under UCC § 9-104(a)(1) if the secured party is the bank with which the deposit account is maintained. If the secured party is not the bank, control is achieved under UCC § 9-104(a)(2) if the secured party obtains the bank’s agreement to comply with the secured party’s instructions concerning the deposit account. In this case, First National Bank of Omaha holds a security interest in the deposit account and has obtained control by becoming the bank with which the account is maintained. Therefore, its security interest is perfected. The question asks about the perfection of First National Bank of Omaha’s security interest. Since First National Bank of Omaha is the bank with which the deposit account is maintained, it has obtained control over the deposit account under UCC § 9-104(a)(1), which is the method of perfection for deposit accounts when the secured party is the depositary bank. Thus, the security interest is perfected.
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Question 12 of 30
12. Question
A Nebraska-based manufacturer, “Prairie Plows Inc.,” procures a substantial quantity of specialized steel from “SteelSource LLC” to produce its signature agricultural equipment. To secure payment for the steel, SteelSource LLC obtains a purchase-money security interest in the steel inventory and any resulting finished goods. Prairie Plows Inc. is incorporated in Nebraska. SteelSource LLC files a UCC-1 financing statement in the state of Nebraska, accurately describing the collateral as “all inventory, raw materials, work-in-progress, and finished goods.” Subsequently, a local bank, “Cornhusker Bank,” which has a prior perfected security interest in all of Prairie Plows Inc.’s assets, attempts to seize the steel inventory as part of a foreclosure action. What is the priority status of SteelSource LLC’s security interest in the steel inventory?
Correct
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in certain types of collateral requires filing a financing statement. For inventory, which is defined as goods held by a person for sale or lease, or raw materials, work in progress, or materials used or consumed in a business, the general rule for perfection is filing a financing statement in the jurisdiction where the debtor is located. Nebraska Revised Statute § 9-307 specifies that the location of the debtor determines the proper place for filing. For a corporation, this is typically the state of incorporation. For a partnership or a registered organization, it is the jurisdiction indicated by its public organic record. If the debtor is an individual, it is their principal residence. The financing statement must contain specific information as outlined in § 9-502, including the name of the debtor and the secured party, and an indication of the collateral covered. For inventory, a broad description is usually sufficient. The effectiveness of the filing is generally for a period of five years, after which it can be renewed by filing a continuation statement. Therefore, if a security interest in inventory is perfected by filing in the correct jurisdiction, and that filing remains effective, the secured party has priority over unperfected security interests and most subsequent lien creditors. The specific scenario involves a Nebraska-based manufacturer, indicating the debtor’s location is Nebraska. Thus, perfection would be achieved by filing a financing statement in Nebraska.
Incorrect
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in certain types of collateral requires filing a financing statement. For inventory, which is defined as goods held by a person for sale or lease, or raw materials, work in progress, or materials used or consumed in a business, the general rule for perfection is filing a financing statement in the jurisdiction where the debtor is located. Nebraska Revised Statute § 9-307 specifies that the location of the debtor determines the proper place for filing. For a corporation, this is typically the state of incorporation. For a partnership or a registered organization, it is the jurisdiction indicated by its public organic record. If the debtor is an individual, it is their principal residence. The financing statement must contain specific information as outlined in § 9-502, including the name of the debtor and the secured party, and an indication of the collateral covered. For inventory, a broad description is usually sufficient. The effectiveness of the filing is generally for a period of five years, after which it can be renewed by filing a continuation statement. Therefore, if a security interest in inventory is perfected by filing in the correct jurisdiction, and that filing remains effective, the secured party has priority over unperfected security interests and most subsequent lien creditors. The specific scenario involves a Nebraska-based manufacturer, indicating the debtor’s location is Nebraska. Thus, perfection would be achieved by filing a financing statement in Nebraska.
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Question 13 of 30
13. Question
Prairie Bank of Nebraska holds a security interest in a checking account maintained by agricultural producer, Silas Croft, at that same bank. Prairie Bank perfected its security interest by taking control of the deposit account. Separately, Heartland Finance, a creditor of Silas Croft, filed a UCC-1 financing statement covering all of Silas Croft’s farm equipment and general intangibles, which Silas Croft’s deposit account was classified as for the purpose of this filing. If Silas Croft defaults on both obligations, what is the priority of the security interests in the deposit account under Nebraska law?
Correct
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in deposit accounts is a crucial aspect of secured transactions. Unlike many other types of collateral, deposit accounts are generally perfected solely by control. Control is established when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed in writing to the bank’s disposition of the funds in the account, and the bank complies with the secured party’s instructions. Perfection by filing is not effective for deposit accounts. Therefore, if a secured party fails to obtain control over a deposit account, their security interest remains unperfected. An unperfected security interest is subordinate to the rights of a buyer of the collateral that obtains possession, a lien creditor, and a trustee in bankruptcy. In this scenario, the bank, having control over the deposit account, has a perfected security interest. The other creditor, who only filed a financing statement, has an unperfected security interest in the deposit account because filing is insufficient for perfection in this specific type of collateral. Consequently, the bank’s perfected security interest takes priority over the other creditor’s unperfected security interest in the deposit account.
Incorrect
In Nebraska, under Article 9 of the Uniform Commercial Code, the perfection of a security interest in deposit accounts is a crucial aspect of secured transactions. Unlike many other types of collateral, deposit accounts are generally perfected solely by control. Control is established when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed in writing to the bank’s disposition of the funds in the account, and the bank complies with the secured party’s instructions. Perfection by filing is not effective for deposit accounts. Therefore, if a secured party fails to obtain control over a deposit account, their security interest remains unperfected. An unperfected security interest is subordinate to the rights of a buyer of the collateral that obtains possession, a lien creditor, and a trustee in bankruptcy. In this scenario, the bank, having control over the deposit account, has a perfected security interest. The other creditor, who only filed a financing statement, has an unperfected security interest in the deposit account because filing is insufficient for perfection in this specific type of collateral. Consequently, the bank’s perfected security interest takes priority over the other creditor’s unperfected security interest in the deposit account.
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Question 14 of 30
14. Question
Consider a scenario in Nebraska where AgriBank properly filed a financing statement on March 1st, securing its interest in a specific combine harvester owned by a Nebraska farmer, Mr. Silas Croft. Subsequently, on April 1st, Mr. Croft obtained a second loan from Farmer Joe’s Bank, and Farmer Joe’s Bank filed its own financing statement on April 15th, also covering the same combine harvester. If Mr. Croft defaults on both loans, and the combine is sold for \( \$75,000 \) in a foreclosure proceeding, what is the order of priority for the secured parties’ claims to the sale proceeds, assuming both security agreements are otherwise valid and enforceable and no other security interests are involved?
Correct
The core issue here is determining the priority of security interests when a debtor defaults on multiple obligations secured by the same collateral. Under Nebraska’s UCC Article 9, a perfected security interest generally has priority over an unperfected security interest. Priority between two perfected security interests is typically determined by the “first-to-file-or-perfect” rule. In this scenario, AgriBank perfected its security interest in the combine by filing a financing statement on March 1st. Farmer Joe’s Bank, however, only filed a financing statement on April 15th, and its security interest was not otherwise perfected before that date. Therefore, AgriBank’s perfected security interest has priority over Farmer Joe’s Bank’s subsequently perfected security interest. This priority extends to the proceeds of the collateral. Since AgriBank’s security interest was perfected first, it has the primary claim to the proceeds from the sale of the combine. Farmer Joe’s Bank’s claim is subordinate to AgriBank’s perfected interest.
Incorrect
The core issue here is determining the priority of security interests when a debtor defaults on multiple obligations secured by the same collateral. Under Nebraska’s UCC Article 9, a perfected security interest generally has priority over an unperfected security interest. Priority between two perfected security interests is typically determined by the “first-to-file-or-perfect” rule. In this scenario, AgriBank perfected its security interest in the combine by filing a financing statement on March 1st. Farmer Joe’s Bank, however, only filed a financing statement on April 15th, and its security interest was not otherwise perfected before that date. Therefore, AgriBank’s perfected security interest has priority over Farmer Joe’s Bank’s subsequently perfected security interest. This priority extends to the proceeds of the collateral. Since AgriBank’s security interest was perfected first, it has the primary claim to the proceeds from the sale of the combine. Farmer Joe’s Bank’s claim is subordinate to AgriBank’s perfected interest.
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Question 15 of 30
15. Question
Agnes Bank extended a loan to Beatrice, a resident of Omaha, Nebraska, secured by Beatrice’s primary checking account held at Agnes Bank. To perfect its security interest, Agnes Bank entered into a written agreement with Beatrice, acknowledging Agnes Bank’s right to charge the account for any outstanding loan balance. Beatrice also had a separate savings account at a different Nebraska financial institution, “Prairie Savings & Loan,” which she also pledged as collateral for the loan. Agnes Bank filed a UCC-1 financing statement covering all of Beatrice’s deposit accounts. Which of the following actions by Agnes Bank constitutes the primary method of perfection for its security interest in Beatrice’s checking account held at Agnes Bank itself?
Correct
Under Nebraska’s Uniform Commercial Code Article 9, the perfection of a security interest in a deposit account as original collateral requires the secured party to obtain “control” over the account. Control is defined in UCC § 9-104 as occurring when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank with which the deposit account is maintained and the secured party becomes the person to whom the deposit account is carried. Alternatively, control is achieved if the secured party becomes the customer of the bank with respect to the deposit account. In this scenario, Agnes Bank is the bank where Beatrice maintains her checking account. By entering into a control agreement with Beatrice, Agnes Bank, as the secured party, establishes control over the deposit account. This control is the method of perfection for a security interest in a deposit account. Filing a financing statement is generally not effective to perfect a security interest in a deposit account. Therefore, Agnes Bank has perfected its security interest by obtaining control.
Incorrect
Under Nebraska’s Uniform Commercial Code Article 9, the perfection of a security interest in a deposit account as original collateral requires the secured party to obtain “control” over the account. Control is defined in UCC § 9-104 as occurring when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank with which the deposit account is maintained and the secured party becomes the person to whom the deposit account is carried. Alternatively, control is achieved if the secured party becomes the customer of the bank with respect to the deposit account. In this scenario, Agnes Bank is the bank where Beatrice maintains her checking account. By entering into a control agreement with Beatrice, Agnes Bank, as the secured party, establishes control over the deposit account. This control is the method of perfection for a security interest in a deposit account. Filing a financing statement is generally not effective to perfect a security interest in a deposit account. Therefore, Agnes Bank has perfected its security interest by obtaining control.
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Question 16 of 30
16. Question
AgriCorp Financing holds a properly perfected security interest in all of the inventory of Prairie Produce Packers, a Nebraska-based business that regularly sells agricultural products to other businesses. Harvest Haven Farms, a farm that routinely purchases produce from various suppliers for its own processing operations, buys a substantial quantity of corn from Prairie Produce Packers. Harvest Haven Farms is unaware of any restrictions on Prairie Produce Packers’s ability to sell its inventory and acts in good faith. What is the status of Harvest Haven Farms’s interest in the corn it purchased?
Correct
The question pertains to the priority of security interests when collateral is transferred. Under Nebraska’s Article 9, when a buyer of goods buys them in the ordinary course of business from a seller who is in the business of selling goods of that kind, that buyer takes the goods free of a security interest created by the seller even though the security interest is perfected and even though the buyer knows of the existence of the security interest, unless the buyer knows that the sale is in violation of the security agreement. This is commonly referred to as the “buyer in the ordinary course of business” (BIOC) exception. In this scenario, “Prairie Produce Packers” is a merchant that regularly sells agricultural products. “AgriCorp Financing” has a perfected security interest in the inventory of “Prairie Produce Packers.” “Harvest Haven Farms,” a buyer that regularly buys produce from various suppliers, purchases a quantity of corn from “Prairie Produce Packers.” Assuming Harvest Haven Farms purchased the corn in good faith and without knowledge that the sale violated AgriCorp Financing’s security agreement, Harvest Haven Farms takes the corn free of AgriCorp Financing’s security interest. The key is that Harvest Haven Farms is a buyer in the ordinary course of business from a seller engaged in the business of selling goods of that kind. The fact that AgriCorp Financing’s security interest was perfected is irrelevant to this specific exception. Therefore, Harvest Haven Farms’s security interest, if any were to arise from its purchase, would not be affected by AgriCorp’s prior perfected interest in the inventory. The question asks about the status of Harvest Haven Farms’s interest, which is a buyer’s interest, not a secured party’s interest in the collateral itself. Therefore, Harvest Haven Farms takes the corn free of AgriCorp’s security interest.
Incorrect
The question pertains to the priority of security interests when collateral is transferred. Under Nebraska’s Article 9, when a buyer of goods buys them in the ordinary course of business from a seller who is in the business of selling goods of that kind, that buyer takes the goods free of a security interest created by the seller even though the security interest is perfected and even though the buyer knows of the existence of the security interest, unless the buyer knows that the sale is in violation of the security agreement. This is commonly referred to as the “buyer in the ordinary course of business” (BIOC) exception. In this scenario, “Prairie Produce Packers” is a merchant that regularly sells agricultural products. “AgriCorp Financing” has a perfected security interest in the inventory of “Prairie Produce Packers.” “Harvest Haven Farms,” a buyer that regularly buys produce from various suppliers, purchases a quantity of corn from “Prairie Produce Packers.” Assuming Harvest Haven Farms purchased the corn in good faith and without knowledge that the sale violated AgriCorp Financing’s security agreement, Harvest Haven Farms takes the corn free of AgriCorp Financing’s security interest. The key is that Harvest Haven Farms is a buyer in the ordinary course of business from a seller engaged in the business of selling goods of that kind. The fact that AgriCorp Financing’s security interest was perfected is irrelevant to this specific exception. Therefore, Harvest Haven Farms’s security interest, if any were to arise from its purchase, would not be affected by AgriCorp’s prior perfected interest in the inventory. The question asks about the status of Harvest Haven Farms’s interest, which is a buyer’s interest, not a secured party’s interest in the collateral itself. Therefore, Harvest Haven Farms takes the corn free of AgriCorp’s security interest.
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Question 17 of 30
17. Question
AgriLend Corp. properly perfected a security interest in all of Caleb’s current and future farm products, including his 2023 corn crop, by filing a financing statement in Nebraska. Caleb, a farmer in Nebraska, then entered into a contract to sell his entire 2023 corn harvest to GrainCo, a large agricultural commodities purchaser. It is established that GrainCo possessed actual knowledge of AgriLend Corp.’s perfected security interest in Caleb’s corn crop prior to purchasing it. What is the legal effect of GrainCo’s knowledge on its ability to take the corn crop free of AgriLend Corp.’s security interest under Nebraska’s UCC Article 9?
Correct
The scenario involves a secured party, “AgriLend Corp,” financing a farmer, “Caleb,” in Nebraska. AgriLend perfected its security interest in Caleb’s 2023 corn crop by filing a financing statement in Nebraska. Subsequently, Caleb entered into a contract with “GrainCo,” a buyer of agricultural products, for the sale of his 2023 corn crop. GrainCo is aware of AgriLend’s security interest. Under Nebraska’s UCC Article 9, specifically Neb. Rev. Stat. § 9-320, a buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by their seller, even if the security interest is perfected, unless the buyer has knowledge of the security interest. However, the concept of “buyer in the ordinary course of business” typically applies to goods sold in the ordinary course of business by a seller engaged in selling goods of that kind. While GrainCo is a buyer of agricultural products, the protection afforded to BIOC is generally limited when the secured party has complied with any applicable special filing rules for farm products. Nebraska, like many states, has a system for providing notice of security interests in farm products, often through state-specific central filing systems or by requiring the secured party to provide lists of debtors to potential buyers. In this case, AgriLend perfected its interest in Nebraska. GrainCo’s actual knowledge of the security interest is a critical fact. If GrainCo had actual knowledge, it cannot claim BIOC status to take free of the security interest. The question asks about the effect of GrainCo’s knowledge on its ability to take free of the security interest. Since GrainCo has knowledge of AgriLend’s perfected security interest, it does not qualify as a buyer in the ordinary course of business who takes free of the security interest. Therefore, AgriLend’s security interest remains attached to the corn crop. The UCC provides specific protections for buyers of farm products, but these protections are often qualified by the buyer’s knowledge of the security interest or by compliance with specific notice requirements under state law. In Nebraska, Neb. Rev. Stat. § 9-320(a) states that a buyer in ordinary course of business takes free of a security interest created by its seller, but this protection does not extend to a buyer of farm products if the buyer has knowledge of the security interest. GrainCo’s knowledge negates this protection.
Incorrect
The scenario involves a secured party, “AgriLend Corp,” financing a farmer, “Caleb,” in Nebraska. AgriLend perfected its security interest in Caleb’s 2023 corn crop by filing a financing statement in Nebraska. Subsequently, Caleb entered into a contract with “GrainCo,” a buyer of agricultural products, for the sale of his 2023 corn crop. GrainCo is aware of AgriLend’s security interest. Under Nebraska’s UCC Article 9, specifically Neb. Rev. Stat. § 9-320, a buyer in the ordinary course of business (BIOC) of farm products takes free of a security interest created by their seller, even if the security interest is perfected, unless the buyer has knowledge of the security interest. However, the concept of “buyer in the ordinary course of business” typically applies to goods sold in the ordinary course of business by a seller engaged in selling goods of that kind. While GrainCo is a buyer of agricultural products, the protection afforded to BIOC is generally limited when the secured party has complied with any applicable special filing rules for farm products. Nebraska, like many states, has a system for providing notice of security interests in farm products, often through state-specific central filing systems or by requiring the secured party to provide lists of debtors to potential buyers. In this case, AgriLend perfected its interest in Nebraska. GrainCo’s actual knowledge of the security interest is a critical fact. If GrainCo had actual knowledge, it cannot claim BIOC status to take free of the security interest. The question asks about the effect of GrainCo’s knowledge on its ability to take free of the security interest. Since GrainCo has knowledge of AgriLend’s perfected security interest, it does not qualify as a buyer in the ordinary course of business who takes free of the security interest. Therefore, AgriLend’s security interest remains attached to the corn crop. The UCC provides specific protections for buyers of farm products, but these protections are often qualified by the buyer’s knowledge of the security interest or by compliance with specific notice requirements under state law. In Nebraska, Neb. Rev. Stat. § 9-320(a) states that a buyer in ordinary course of business takes free of a security interest created by its seller, but this protection does not extend to a buyer of farm products if the buyer has knowledge of the security interest. GrainCo’s knowledge negates this protection.
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Question 18 of 30
18. Question
Prairie Bank, located in Omaha, Nebraska, entered into a security agreement with AgriCorp, a Nebraska-based agricultural supplier, granting Prairie Bank a security interest in all of AgriCorp’s present and after-acquired inventory and accounts receivable. Prairie Bank diligently filed a UCC-1 financing statement in Nebraska covering these collateral categories. AgriCorp also maintains a substantial operating deposit account at Frontier Bank, also situated in Nebraska, which it uses for daily business transactions. Frontier Bank has received notice of Prairie Bank’s general security interest in AgriCorp’s assets but has not entered into any specific control agreement with Prairie Bank concerning AgriCorp’s deposit account. Upon AgriCorp’s subsequent default on its loan obligations to Prairie Bank, Prairie Bank attempts to exercise its security interest in the funds held within AgriCorp’s deposit account at Frontier Bank. Which of the following best describes the perfection status of Prairie Bank’s security interest in AgriCorp’s deposit account?
Correct
The core issue revolves around the perfection of a security interest in a deposit account. Under Nebraska’s Article 9, a security interest in a deposit account can only be perfected by control. Control is defined in UCC § 9-104 as either becoming the bank’s customer with respect to the deposit account, or agreeing with the bank that the bank will comply with instructions from the secured party directing disposition of the funds without further consent from the debtor. In this scenario, Prairie Bank has a security agreement with AgriCorp covering its inventory and accounts receivable, which are located in Nebraska. AgriCorp also maintains a deposit account at Frontier Bank, also in Nebraska, which it uses for its operating expenses. Prairie Bank files a UCC-1 financing statement covering all of AgriCorp’s assets, including after-acquired property. However, Prairie Bank never obtains control over AgriCorp’s deposit account at Frontier Bank. Frontier Bank is aware of Prairie Bank’s security interest but has not entered into a control agreement with Prairie Bank. When AgriCorp defaults, Prairie Bank attempts to assert its security interest in the deposit account. Because Prairie Bank failed to obtain control over the deposit account as required by UCC § 9-314 and § 9-104, its security interest in the deposit account is unperfected. Therefore, Prairie Bank cannot claim priority over other creditors with respect to the funds in the deposit account. The filing of a UCC-1 financing statement is generally sufficient for perfection of security interests in most types of collateral, but it is explicitly insufficient for deposit accounts, which require control.
Incorrect
The core issue revolves around the perfection of a security interest in a deposit account. Under Nebraska’s Article 9, a security interest in a deposit account can only be perfected by control. Control is defined in UCC § 9-104 as either becoming the bank’s customer with respect to the deposit account, or agreeing with the bank that the bank will comply with instructions from the secured party directing disposition of the funds without further consent from the debtor. In this scenario, Prairie Bank has a security agreement with AgriCorp covering its inventory and accounts receivable, which are located in Nebraska. AgriCorp also maintains a deposit account at Frontier Bank, also in Nebraska, which it uses for its operating expenses. Prairie Bank files a UCC-1 financing statement covering all of AgriCorp’s assets, including after-acquired property. However, Prairie Bank never obtains control over AgriCorp’s deposit account at Frontier Bank. Frontier Bank is aware of Prairie Bank’s security interest but has not entered into a control agreement with Prairie Bank. When AgriCorp defaults, Prairie Bank attempts to assert its security interest in the deposit account. Because Prairie Bank failed to obtain control over the deposit account as required by UCC § 9-314 and § 9-104, its security interest in the deposit account is unperfected. Therefore, Prairie Bank cannot claim priority over other creditors with respect to the funds in the deposit account. The filing of a UCC-1 financing statement is generally sufficient for perfection of security interests in most types of collateral, but it is explicitly insufficient for deposit accounts, which require control.
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Question 19 of 30
19. Question
Cornhusker Bank has a security interest in the deposit account of a farm equipment dealership, “Prairie Plows,” located in Lincoln, Nebraska. Prairie Plows granted Cornhusker Bank a security interest in all of its assets, including its checking account held at First National Bank of Omaha. Cornhusker Bank filed a UCC-1 financing statement covering all of Prairie Plows’ assets, including “all deposit accounts.” Prairie Plows later defaults on its loan. A bankruptcy trustee for Prairie Plows asserts that Cornhusker Bank’s security interest in the deposit account is unperfected. Under Nebraska’s Article 9 of the Uniform Commercial Code, what is the primary method by which Cornhusker Bank must perfect its security interest in Prairie Plows’ deposit account to have priority against the bankruptcy trustee?
Correct
Nebraska’s Article 9 of the Uniform Commercial Code governs secured transactions. A key aspect is the perfection of security interests. Perfection is generally achieved by filing a financing statement, possession, or control. In the case of deposit accounts, perfection can only be achieved through control, as outlined in Nebraska Revised Statute § 9-312(b)(1). Filing a financing statement is insufficient for perfection of a security interest in a deposit account. Similarly, possession of the deposit account itself is not a method of perfection under Article 9. Control is defined in § 9-104 and typically means the secured party is the bank’s customer with respect to the deposit account, or the secured party has agreed with the bank that the bank will comply with its instructions concerning the deposit account without further consent by the debtor. Therefore, for a security interest in a deposit account to be effective against a competing claimant, the secured party must obtain control.
Incorrect
Nebraska’s Article 9 of the Uniform Commercial Code governs secured transactions. A key aspect is the perfection of security interests. Perfection is generally achieved by filing a financing statement, possession, or control. In the case of deposit accounts, perfection can only be achieved through control, as outlined in Nebraska Revised Statute § 9-312(b)(1). Filing a financing statement is insufficient for perfection of a security interest in a deposit account. Similarly, possession of the deposit account itself is not a method of perfection under Article 9. Control is defined in § 9-104 and typically means the secured party is the bank’s customer with respect to the deposit account, or the secured party has agreed with the bank that the bank will comply with its instructions concerning the deposit account without further consent by the debtor. Therefore, for a security interest in a deposit account to be effective against a competing claimant, the secured party must obtain control.
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Question 20 of 30
20. Question
AgriBank perfected a security interest in all of Farmer Giles’s current and after-acquired farm equipment on March 1st of the previous year. On January 15th of the current year, Farmer Giles acquired a new combine harvester, financed by FarmCo. FarmCo properly filed a financing statement perfecting its purchase money security interest in the combine on the same day Farmer Giles took possession. Which secured party has priority with respect to the combine harvester?
Correct
The core issue here is the priority of a security interest in after-acquired property when another creditor has a purchase money security interest (PMSI) in the same collateral. In Nebraska, as under the Uniform Commercial Code (UCC) Article 9, a PMSI generally has priority over other security interests in the same collateral. For inventory, UCC § 9-324(b) provides that a PMSI in inventory has priority over a conflicting security interest in the inventory if certain conditions are met. These conditions include: (1) the PMSI creditor’s security interest is perfected when the debtor receives possession of the inventory; (2) the PMSI creditor gives an authenticated notification to any other secured party whose security interest is perfected in the inventory before the debtor receives possession of the inventory; and (3) the notification states that the debtor will be receiving inventory from the secured party under which the PMSI is or will be created. In this scenario, AgriBank has a perfected security interest in all of Farmer Giles’s current and after-acquired farm equipment. This is a floating lien. On January 15th, FarmCo files a financing statement and perfects its PMSI in a new tractor purchased by Farmer Giles. The tractor is considered after-acquired property under AgriBank’s security agreement. However, FarmCo’s PMSI in the tractor will have priority over AgriBank’s earlier perfected security interest in after-acquired equipment because FarmCo’s security interest is a purchase money security interest in the tractor and it was perfected by filing on January 15th, the date Giles received possession of the tractor. While § 9-324(b) specifically addresses inventory, the general principle of PMSI priority over earlier perfected security interests in the same collateral, even after-acquired property, applies to equipment as well, as per UCC § 9-324(a). The key is that FarmCo’s PMSI in the tractor attaches and is perfected when Giles receives possession of the tractor. AgriBank’s security interest in after-acquired property attaches when the property is acquired, but its priority is subject to the rules of perfection and the special priority afforded to PMSIs. Therefore, FarmCo’s PMSI in the tractor has priority over AgriBank’s security interest in that specific tractor.
Incorrect
The core issue here is the priority of a security interest in after-acquired property when another creditor has a purchase money security interest (PMSI) in the same collateral. In Nebraska, as under the Uniform Commercial Code (UCC) Article 9, a PMSI generally has priority over other security interests in the same collateral. For inventory, UCC § 9-324(b) provides that a PMSI in inventory has priority over a conflicting security interest in the inventory if certain conditions are met. These conditions include: (1) the PMSI creditor’s security interest is perfected when the debtor receives possession of the inventory; (2) the PMSI creditor gives an authenticated notification to any other secured party whose security interest is perfected in the inventory before the debtor receives possession of the inventory; and (3) the notification states that the debtor will be receiving inventory from the secured party under which the PMSI is or will be created. In this scenario, AgriBank has a perfected security interest in all of Farmer Giles’s current and after-acquired farm equipment. This is a floating lien. On January 15th, FarmCo files a financing statement and perfects its PMSI in a new tractor purchased by Farmer Giles. The tractor is considered after-acquired property under AgriBank’s security agreement. However, FarmCo’s PMSI in the tractor will have priority over AgriBank’s earlier perfected security interest in after-acquired equipment because FarmCo’s security interest is a purchase money security interest in the tractor and it was perfected by filing on January 15th, the date Giles received possession of the tractor. While § 9-324(b) specifically addresses inventory, the general principle of PMSI priority over earlier perfected security interests in the same collateral, even after-acquired property, applies to equipment as well, as per UCC § 9-324(a). The key is that FarmCo’s PMSI in the tractor attaches and is perfected when Giles receives possession of the tractor. AgriBank’s security interest in after-acquired property attaches when the property is acquired, but its priority is subject to the rules of perfection and the special priority afforded to PMSIs. Therefore, FarmCo’s PMSI in the tractor has priority over AgriBank’s security interest in that specific tractor.
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Question 21 of 30
21. Question
Prairie Harvest Farms, a registered business entity with its chief place of business in Nebraska, obtained a loan from AgriBank, granting AgriBank a security interest in all of its farm equipment. AgriBank diligently filed a UCC-1 financing statement in Nebraska. Two years later, Prairie Harvest Farms expanded its operations by establishing a significant new facility in Iowa and subsequently purchased a substantial amount of new harvesting equipment solely for use at this Iowa location. Midwest Capital financed this new Iowa equipment, taking a security interest in it and properly filing a UCC-1 financing statement in Iowa. If Prairie Harvest Farms defaults on both loans, what is the priority of the security interests in the Iowa-acquired equipment?
Correct
The core issue here is the priority of security interests when a debtor operates in multiple jurisdictions and the classification of the collateral. The debtor, “Prairie Harvest Farms,” is located in Nebraska and has granted a security interest in its “all equipment” to “AgriBank.” AgriBank properly filed its financing statement in Nebraska. Subsequently, Prairie Harvest Farms establishes a new operational facility in Iowa and purchases new equipment there, financed by “Midwest Capital,” which takes a security interest in this Iowa-acquired equipment. Midwest Capital files its financing statement in Iowa. The question then becomes which jurisdiction’s law governs the perfection and priority of the security interest in the Iowa-acquired equipment. Under UCC § 9-301, the general rule for goods (which equipment is) is that the law of the jurisdiction where the debtor is located governs perfection. UCC § 9-307(a) states that the chief place of business of a registered organization is its location. Prairie Harvest Farms is a registered organization. Assuming its chief place of business is Nebraska, its location for Article 9 purposes is Nebraska. However, UCC § 9-316(a)(2) addresses situations where a debtor moves collateral or changes its location. UCC § 9-316(b) states that if a debtor changes its location to a jurisdiction other than the one in which the financing statement was filed, and the financing statement would not have been effective had the change not occurred, the effectiveness of the financing statement lapses after a certain period. UCC § 9-316(b)(2) specifies that if the debtor moves to another jurisdiction, the financing statement remains effective with respect to collateral acquired by the debtor before the change in location for one year after the change, and with respect to collateral acquired after the change in location, the financing statement ceases to be effective regarding perfection against a purchaser of the collateral for value after the expiration of the period of effectiveness provided by the law of the jurisdiction to which the debtor has moved. In this scenario, Prairie Harvest Farms acquired new equipment *after* establishing the facility in Iowa. The initial filing by AgriBank was in Nebraska. When Prairie Harvest Farms acquired new equipment in Iowa, and Midwest Capital perfected its security interest in Iowa, the critical question is whether AgriBank’s Nebraska filing provided effective perfection for the Iowa-acquired equipment. UCC § 9-316(c) and (d) are relevant here. UCC § 9-316(c) states that a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into remains effective to perfect a security interest in collateral acquired by the debtor after the change in location, if the financing statement would have been effective under the law of the jurisdiction where the debtor was located immediately after the change in location. This means we need to consider the law of Iowa. UCC § 9-316(d) provides that the effectiveness of a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into continues for one year after the change in location if the debtor moves to another jurisdiction, or until the financing statement would have lapsed under the law of the original jurisdiction, whichever is earlier. However, UCC § 9-316(e) is more pertinent for collateral acquired *after* the move. It states that a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into remains effective to perfect a security interest in collateral acquired by the debtor after the change in location, if the financing statement is filed in the jurisdiction to which the debtor has moved within one year after the change in location. If the debtor moves its location to another jurisdiction, and the secured party fails to file a financing statement in that new jurisdiction within one year after the change in location, the financing statement lapses as to collateral acquired after the change in location. Midwest Capital perfected its security interest in Iowa by filing in Iowa. AgriBank’s initial filing was in Nebraska. Since AgriBank did not file in Iowa within the one-year grace period after Prairie Harvest Farms established its operational facility and acquired equipment in Iowa, its security interest in the Iowa-acquired equipment is subordinate to Midwest Capital’s perfected security interest. The collateral is located in Iowa, and the perfection of the security interest in that collateral is governed by Iowa law after the one-year period from the change in location. AgriBank’s Nebraska filing is no longer effective for perfection purposes in Iowa for collateral acquired after the move. Therefore, Midwest Capital, having properly perfected its security interest in Iowa, has priority. The question asks about the priority of AgriBank’s security interest in the *Iowa-acquired equipment* against Midwest Capital’s security interest. AgriBank’s initial filing was in Nebraska. Midwest Capital’s filing was in Iowa. The key is the perfection of the security interest in the Iowa-acquired equipment. UCC § 9-316(e) dictates that if a debtor moves its location to another jurisdiction, a financing statement filed in the original jurisdiction remains effective for collateral acquired after the move *only if* a financing statement covering the collateral is filed in the new jurisdiction within one year after the change in location. Since AgriBank did not file in Iowa within this timeframe, its security interest in the Iowa-acquired equipment is unperfected as to third parties who have perfected their interests. Midwest Capital perfected its security interest in Iowa. Therefore, Midwest Capital has priority. Final Answer: Midwest Capital has priority because AgriBank failed to file a financing statement in Iowa within one year of the debtor establishing its operational facility and acquiring equipment in Iowa, thus rendering its Nebraska filing ineffective for perfection purposes in Iowa for subsequently acquired collateral. Final Answer Calculation: No mathematical calculation is required for this question. The answer is derived from the application of UCC Article 9 provisions regarding the effect of a debtor changing its location on the perfection of a security interest. Specifically, UCC § 9-316(e) is determinative. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment.
Incorrect
The core issue here is the priority of security interests when a debtor operates in multiple jurisdictions and the classification of the collateral. The debtor, “Prairie Harvest Farms,” is located in Nebraska and has granted a security interest in its “all equipment” to “AgriBank.” AgriBank properly filed its financing statement in Nebraska. Subsequently, Prairie Harvest Farms establishes a new operational facility in Iowa and purchases new equipment there, financed by “Midwest Capital,” which takes a security interest in this Iowa-acquired equipment. Midwest Capital files its financing statement in Iowa. The question then becomes which jurisdiction’s law governs the perfection and priority of the security interest in the Iowa-acquired equipment. Under UCC § 9-301, the general rule for goods (which equipment is) is that the law of the jurisdiction where the debtor is located governs perfection. UCC § 9-307(a) states that the chief place of business of a registered organization is its location. Prairie Harvest Farms is a registered organization. Assuming its chief place of business is Nebraska, its location for Article 9 purposes is Nebraska. However, UCC § 9-316(a)(2) addresses situations where a debtor moves collateral or changes its location. UCC § 9-316(b) states that if a debtor changes its location to a jurisdiction other than the one in which the financing statement was filed, and the financing statement would not have been effective had the change not occurred, the effectiveness of the financing statement lapses after a certain period. UCC § 9-316(b)(2) specifies that if the debtor moves to another jurisdiction, the financing statement remains effective with respect to collateral acquired by the debtor before the change in location for one year after the change, and with respect to collateral acquired after the change in location, the financing statement ceases to be effective regarding perfection against a purchaser of the collateral for value after the expiration of the period of effectiveness provided by the law of the jurisdiction to which the debtor has moved. In this scenario, Prairie Harvest Farms acquired new equipment *after* establishing the facility in Iowa. The initial filing by AgriBank was in Nebraska. When Prairie Harvest Farms acquired new equipment in Iowa, and Midwest Capital perfected its security interest in Iowa, the critical question is whether AgriBank’s Nebraska filing provided effective perfection for the Iowa-acquired equipment. UCC § 9-316(c) and (d) are relevant here. UCC § 9-316(c) states that a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into remains effective to perfect a security interest in collateral acquired by the debtor after the change in location, if the financing statement would have been effective under the law of the jurisdiction where the debtor was located immediately after the change in location. This means we need to consider the law of Iowa. UCC § 9-316(d) provides that the effectiveness of a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into continues for one year after the change in location if the debtor moves to another jurisdiction, or until the financing statement would have lapsed under the law of the original jurisdiction, whichever is earlier. However, UCC § 9-316(e) is more pertinent for collateral acquired *after* the move. It states that a financing statement filed in the jurisdiction where the debtor was located when the security agreement was entered into remains effective to perfect a security interest in collateral acquired by the debtor after the change in location, if the financing statement is filed in the jurisdiction to which the debtor has moved within one year after the change in location. If the debtor moves its location to another jurisdiction, and the secured party fails to file a financing statement in that new jurisdiction within one year after the change in location, the financing statement lapses as to collateral acquired after the change in location. Midwest Capital perfected its security interest in Iowa by filing in Iowa. AgriBank’s initial filing was in Nebraska. Since AgriBank did not file in Iowa within the one-year grace period after Prairie Harvest Farms established its operational facility and acquired equipment in Iowa, its security interest in the Iowa-acquired equipment is subordinate to Midwest Capital’s perfected security interest. The collateral is located in Iowa, and the perfection of the security interest in that collateral is governed by Iowa law after the one-year period from the change in location. AgriBank’s Nebraska filing is no longer effective for perfection purposes in Iowa for collateral acquired after the move. Therefore, Midwest Capital, having properly perfected its security interest in Iowa, has priority. The question asks about the priority of AgriBank’s security interest in the *Iowa-acquired equipment* against Midwest Capital’s security interest. AgriBank’s initial filing was in Nebraska. Midwest Capital’s filing was in Iowa. The key is the perfection of the security interest in the Iowa-acquired equipment. UCC § 9-316(e) dictates that if a debtor moves its location to another jurisdiction, a financing statement filed in the original jurisdiction remains effective for collateral acquired after the move *only if* a financing statement covering the collateral is filed in the new jurisdiction within one year after the change in location. Since AgriBank did not file in Iowa within this timeframe, its security interest in the Iowa-acquired equipment is unperfected as to third parties who have perfected their interests. Midwest Capital perfected its security interest in Iowa. Therefore, Midwest Capital has priority. Final Answer: Midwest Capital has priority because AgriBank failed to file a financing statement in Iowa within one year of the debtor establishing its operational facility and acquiring equipment in Iowa, thus rendering its Nebraska filing ineffective for perfection purposes in Iowa for subsequently acquired collateral. Final Answer Calculation: No mathematical calculation is required for this question. The answer is derived from the application of UCC Article 9 provisions regarding the effect of a debtor changing its location on the perfection of a security interest. Specifically, UCC § 9-316(e) is determinative. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment. Midwest Capital has priority over AgriBank regarding the Iowa-acquired equipment.
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Question 22 of 30
22. Question
Cornhusker Farms, an agricultural producer in Nebraska, obtained a loan from AgriBank, secured by all of its present and future accounts receivable. AgriBank diligently filed a UCC-1 financing statement in Nebraska to perfect its security interest in the accounts receivable. Cornhusker Farms then deposited all of its incoming revenue, including proceeds from these accounts receivable, into a specific operating deposit account held at Prairie State Bank. AgriBank was aware of this operating account but did not take any steps to obtain control over it, such as entering into a control agreement with Prairie State Bank or becoming the bank itself. Subsequently, Cornhusker Farms filed for Chapter 7 bankruptcy. Which statement accurately describes AgriBank’s position regarding the funds in the operating deposit account held at Prairie State Bank?
Correct
The core issue here revolves around the perfection of a security interest in a deposit account. Under Nebraska’s Uniform Commercial Code (UCC) Article 9, a security interest in a deposit account can only be perfected by control. Control is established when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank and the depositary bank to comply with instructions from the secured party regarding the account, or when the secured party becomes the assignee of the right to draw on the deposit account. In this scenario, AgriBank has a security interest in the accounts receivable of Cornhusker Farms, which includes the deposit account where those receivables are deposited. AgriBank’s filing a financing statement is generally sufficient to perfect a security interest in accounts, but for deposit accounts, control is the exclusive method of perfection. Since AgriBank did not obtain control over the deposit account by becoming the bank holding the account or by entering into a control agreement with the bank and Cornhusker Farms, its security interest in the deposit account remains unperfected. Therefore, when Cornhusker Farms files for bankruptcy, the trustee, as a hypothetical lien creditor, takes priority over AgriBank’s unperfected security interest in the deposit account. AgriBank’s security interest in the accounts receivable themselves is perfected by its filing, but this perfection does not automatically extend to the deposit account into which those receivables are deposited, as that requires separate perfection by control.
Incorrect
The core issue here revolves around the perfection of a security interest in a deposit account. Under Nebraska’s Uniform Commercial Code (UCC) Article 9, a security interest in a deposit account can only be perfected by control. Control is established when the secured party is the bank in which the deposit account is maintained, or when the secured party obtains the agreement of the bank and the depositary bank to comply with instructions from the secured party regarding the account, or when the secured party becomes the assignee of the right to draw on the deposit account. In this scenario, AgriBank has a security interest in the accounts receivable of Cornhusker Farms, which includes the deposit account where those receivables are deposited. AgriBank’s filing a financing statement is generally sufficient to perfect a security interest in accounts, but for deposit accounts, control is the exclusive method of perfection. Since AgriBank did not obtain control over the deposit account by becoming the bank holding the account or by entering into a control agreement with the bank and Cornhusker Farms, its security interest in the deposit account remains unperfected. Therefore, when Cornhusker Farms files for bankruptcy, the trustee, as a hypothetical lien creditor, takes priority over AgriBank’s unperfected security interest in the deposit account. AgriBank’s security interest in the accounts receivable themselves is perfected by its filing, but this perfection does not automatically extend to the deposit account into which those receivables are deposited, as that requires separate perfection by control.
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Question 23 of 30
23. Question
AgriCorp, a Nebraska-based agricultural lender, provided financing to Prairie Farms, a crop producer, taking a security interest in all of Prairie Farms’ current and future crops and the accounts receivable arising from the sale of those crops. AgriCorp properly filed a UCC-1 financing statement covering both “farm products” and “accounts” in Nebraska. Subsequently, FarmCredit, another Nebraska lender, provided a purchase money security interest in a specific batch of corn that Prairie Farms intended to harvest and sell. FarmCredit also properly filed a UCC-1 financing statement covering the corn as inventory and its proceeds. Prairie Farms harvested the corn and sold it to a grain elevator, generating accounts receivable. Which party has priority in the accounts receivable generated from the sale of the corn?
Correct
In Nebraska, under Article 9 of the Uniform Commercial Code, when a secured party has a security interest in both goods and the accounts generated from their sale, the determination of which collateral is primary for perfection purposes depends on the classification of the collateral and the perfection method. If the secured party perfects by filing a financing statement that covers both the goods (e.g., inventory) and the accounts, and the accounts arise from the sale of that inventory, the filing typically perfects the security interest in both. However, the question of priority between a purchase money security interest in the inventory and a prior perfected security interest in the accounts receivable is crucial. A purchase money security interest (PMSI) in inventory generally takes priority over a conflicting security interest in the same inventory if certain conditions are met, including filing a financing statement before the debtor receives possession of the inventory and sending authenticated notification to the prior secured party. When the collateral is “proceeds” of inventory, the perfection in the inventory generally extends to the proceeds. However, if the secured party with the prior interest in accounts also perfects by filing, and their filing predates or is simultaneous with the PMSI filing, and they have properly filed to cover accounts, then their security interest in the accounts would generally have priority over the PMSI holder’s claim to those accounts, even if those accounts arose from the sale of the PMSI-encumbered inventory. This is because accounts are a distinct type of collateral from inventory, and a filing covering accounts is necessary for perfection in accounts. The PMSI holder’s primary perfection is in the inventory. While perfection in inventory often extends to proceeds, accounts are often treated as a separate category of collateral for perfection and priority purposes, especially when a prior filing exists for accounts. Therefore, the secured party with the prior perfected security interest in accounts receivable would likely have priority in the accounts generated from the sale of the inventory, even if another party has a PMSI in the inventory itself, provided the prior secured party’s filing covered accounts and was effective.
Incorrect
In Nebraska, under Article 9 of the Uniform Commercial Code, when a secured party has a security interest in both goods and the accounts generated from their sale, the determination of which collateral is primary for perfection purposes depends on the classification of the collateral and the perfection method. If the secured party perfects by filing a financing statement that covers both the goods (e.g., inventory) and the accounts, and the accounts arise from the sale of that inventory, the filing typically perfects the security interest in both. However, the question of priority between a purchase money security interest in the inventory and a prior perfected security interest in the accounts receivable is crucial. A purchase money security interest (PMSI) in inventory generally takes priority over a conflicting security interest in the same inventory if certain conditions are met, including filing a financing statement before the debtor receives possession of the inventory and sending authenticated notification to the prior secured party. When the collateral is “proceeds” of inventory, the perfection in the inventory generally extends to the proceeds. However, if the secured party with the prior interest in accounts also perfects by filing, and their filing predates or is simultaneous with the PMSI filing, and they have properly filed to cover accounts, then their security interest in the accounts would generally have priority over the PMSI holder’s claim to those accounts, even if those accounts arose from the sale of the PMSI-encumbered inventory. This is because accounts are a distinct type of collateral from inventory, and a filing covering accounts is necessary for perfection in accounts. The PMSI holder’s primary perfection is in the inventory. While perfection in inventory often extends to proceeds, accounts are often treated as a separate category of collateral for perfection and priority purposes, especially when a prior filing exists for accounts. Therefore, the secured party with the prior perfected security interest in accounts receivable would likely have priority in the accounts generated from the sale of the inventory, even if another party has a PMSI in the inventory itself, provided the prior secured party’s filing covered accounts and was effective.
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Question 24 of 30
24. Question
Prairie State Auto Finance (PSAF) extended a loan to Barry Gatz, securing the loan with Barry’s prized 1967 Ford Mustang. PSAF executed a valid security agreement and filed a UCC-1 financing statement in Nebraska. Unbeknownst to PSAF, Barry had also presented the Mustang for sale at “Wheels of Fortune,” a licensed dealership in Omaha, Nebraska, which routinely buys and sells vehicles. The dealership, acting in good faith and without knowledge of PSAF’s lien, purchased the Mustang from Barry, receiving a clear certificate of title from Barry. PSAF later discovered the sale and sought to repossess the vehicle from the dealership. Which of the following best describes the legal status of PSAF’s security interest concerning the dealership?
Correct
The core issue in this scenario revolves around the perfection of a security interest in a certificate of title motor vehicle under Nebraska’s Article 9. Nebraska Revised Statute § 60-110, which governs the titling of motor vehicles, explicitly states that a security interest in a vehicle subject to titling requirements is generally perfected by notation on the certificate of title. This is a specific exception to the general rule under UCC § 9-310(a) that perfection is achieved by filing a financing statement. When a lender fails to ensure the security interest is properly noted on the certificate of title, their interest remains unperfected. In Nebraska, an unperfected security interest is subordinate to the rights of a buyer in ordinary course of business who takes possession of the collateral without knowledge of the security interest, as per UCC § 9-317(b). Therefore, even though the lender had a properly executed security agreement and potentially filed a financing statement, the failure to perfect through the certificate of title means their interest is not effective against a subsequent buyer who takes possession. The question tests the understanding of the interplay between UCC Article 9 and state-specific certificate of title statutes regarding perfection. The absence of the notation on the title is the critical defect.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in a certificate of title motor vehicle under Nebraska’s Article 9. Nebraska Revised Statute § 60-110, which governs the titling of motor vehicles, explicitly states that a security interest in a vehicle subject to titling requirements is generally perfected by notation on the certificate of title. This is a specific exception to the general rule under UCC § 9-310(a) that perfection is achieved by filing a financing statement. When a lender fails to ensure the security interest is properly noted on the certificate of title, their interest remains unperfected. In Nebraska, an unperfected security interest is subordinate to the rights of a buyer in ordinary course of business who takes possession of the collateral without knowledge of the security interest, as per UCC § 9-317(b). Therefore, even though the lender had a properly executed security agreement and potentially filed a financing statement, the failure to perfect through the certificate of title means their interest is not effective against a subsequent buyer who takes possession. The question tests the understanding of the interplay between UCC Article 9 and state-specific certificate of title statutes regarding perfection. The absence of the notation on the title is the critical defect.
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Question 25 of 30
25. Question
Consider a Nebraska agricultural cooperative, “Prairie Harvest Co-op,” that has extended credit to farmer Elara Vance. Prairie Harvest Co-op secured its loan with a broad security agreement covering all of Elara’s present and after-acquired farm equipment and inventory, and filed a UCC-1 financing statement on March 1st, 2023, listing “all farm equipment and inventory” as collateral. Later, “AgriMachinery Solutions,” a vendor, sold Elara a specialized combine harvester under a purchase money security interest (PMSI). AgriMachinery Solutions properly filed a UCC-1 financing statement specifically for the combine harvester on April 15th, 2023. Elara defaults on both loans. If the combine harvester is considered both “farm equipment” and “inventory” under Article 9, and Prairie Harvest Co-op’s security agreement and financing statement clearly encompass the combine harvester, what is the priority of the security interests in the combine harvester?
Correct
The core issue here revolves around the priority of security interests when a debtor defaults on multiple secured loans, and the collateral is a mixed bag of inventory and equipment. Nebraska’s Uniform Commercial Code (UCC) Article 9 dictates the rules for perfection and priority. When a security agreement covers both inventory and equipment, and the secured party has properly perfected its security interest in both categories, the priority is generally determined by the time of filing or possession. In this scenario, Agrifinance Corp. filed a financing statement covering all of Farmer Giles’ assets, including inventory and equipment, on March 1st. This establishes their first-in-time priority for all collateral covered by that filing. Subsequently, FarmTools Inc. perfected a security interest in only the specific farm equipment purchased with their loan on April 1st. Since Agrifinance Corp.’s filing predates FarmTools Inc.’s perfection, Agrifinance Corp. has priority over the farm equipment as well, assuming the equipment was included in Agrifinance’s broad security agreement and financing statement. The critical distinction is that Agrifinance’s security interest and financing statement were comprehensive, covering “all of Farmer Giles’ assets,” which would encompass both the growing crops (inventory) and the tractors and harvesters (equipment). FarmTools Inc.’s security interest was limited to the specific farm equipment they financed. Therefore, when Farmer Giles defaults, Agrifinance Corp. has the senior priority claim to all collateral, including the farm equipment, because their initial filing provided notice to the world of their interest in substantially all of the debtor’s property, including after-acquired property and proceeds. FarmTools Inc.’s later, more specific perfection only grants them priority over collateral not covered by a prior perfected security interest, or over collateral where their perfection is earlier. In this case, Agrifinance’s perfection is earlier for all collateral.
Incorrect
The core issue here revolves around the priority of security interests when a debtor defaults on multiple secured loans, and the collateral is a mixed bag of inventory and equipment. Nebraska’s Uniform Commercial Code (UCC) Article 9 dictates the rules for perfection and priority. When a security agreement covers both inventory and equipment, and the secured party has properly perfected its security interest in both categories, the priority is generally determined by the time of filing or possession. In this scenario, Agrifinance Corp. filed a financing statement covering all of Farmer Giles’ assets, including inventory and equipment, on March 1st. This establishes their first-in-time priority for all collateral covered by that filing. Subsequently, FarmTools Inc. perfected a security interest in only the specific farm equipment purchased with their loan on April 1st. Since Agrifinance Corp.’s filing predates FarmTools Inc.’s perfection, Agrifinance Corp. has priority over the farm equipment as well, assuming the equipment was included in Agrifinance’s broad security agreement and financing statement. The critical distinction is that Agrifinance’s security interest and financing statement were comprehensive, covering “all of Farmer Giles’ assets,” which would encompass both the growing crops (inventory) and the tractors and harvesters (equipment). FarmTools Inc.’s security interest was limited to the specific farm equipment they financed. Therefore, when Farmer Giles defaults, Agrifinance Corp. has the senior priority claim to all collateral, including the farm equipment, because their initial filing provided notice to the world of their interest in substantially all of the debtor’s property, including after-acquired property and proceeds. FarmTools Inc.’s later, more specific perfection only grants them priority over collateral not covered by a prior perfected security interest, or over collateral where their perfection is earlier. In this case, Agrifinance’s perfection is earlier for all collateral.
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Question 26 of 30
26. Question
Farmer Giles, a resident of Nebraska, grants a security interest to First National Bank of Omaha in all of his farm equipment and accounts receivable to secure a loan. Farmer Giles maintains a significant operating deposit account at First National Bank of Omaha, which is not subject to any other control agreement. First National Bank of Omaha perfects its security interest in the farm equipment and accounts receivable by filing a financing statement and taking possession of the equipment. What is the status of First National Bank of Omaha’s security interest in Farmer Giles’s deposit account at First National Bank of Omaha?
Correct
The core issue here is the perfection of a security interest in a deposit account. Under Nebraska’s Article 9, a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed to the bank’s disposition of the funds in the account. In this scenario, First National Bank of Omaha has a security interest in all of Farmer Giles’s farm equipment and accounts receivable. Farmer Giles also has a separate deposit account at the same bank, First National Bank of Omaha, which is not otherwise subject to a control agreement with another party. When First National Bank of Omaha takes possession of the collateral and simultaneously holds the deposit account, it obtains control over that deposit account as a matter of law under Neb. Rev. Stat. § 9-104(a)(1). This control perfects its security interest in the deposit account without the need for a separate control agreement or filing a financing statement specifically for the deposit account. The security interest in the deposit account attaches and is perfected at the time the bank obtains control. Therefore, First National Bank of Omaha has a perfected security interest in the deposit account.
Incorrect
The core issue here is the perfection of a security interest in a deposit account. Under Nebraska’s Article 9, a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank in which the deposit account is maintained, or when the debtor has agreed to the bank’s disposition of the funds in the account. In this scenario, First National Bank of Omaha has a security interest in all of Farmer Giles’s farm equipment and accounts receivable. Farmer Giles also has a separate deposit account at the same bank, First National Bank of Omaha, which is not otherwise subject to a control agreement with another party. When First National Bank of Omaha takes possession of the collateral and simultaneously holds the deposit account, it obtains control over that deposit account as a matter of law under Neb. Rev. Stat. § 9-104(a)(1). This control perfects its security interest in the deposit account without the need for a separate control agreement or filing a financing statement specifically for the deposit account. The security interest in the deposit account attaches and is perfected at the time the bank obtains control. Therefore, First National Bank of Omaha has a perfected security interest in the deposit account.
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Question 27 of 30
27. Question
Prairie Farms, a cooperative agricultural entity based in Nebraska, entered into a security agreement with AgriBank, a Nebraska-chartered bank, granting AgriBank a security interest in all of Prairie Farms’ deposit accounts. AgriBank is the bank where Prairie Farms maintains its primary operating accounts. After the security agreement was executed, AgriBank filed a UCC-1 financing statement with the Nebraska Secretary of State. Several months later, a judgment creditor of Prairie Farms obtained a writ of execution and attempted to levy on the funds in Prairie Farms’ deposit accounts held at AgriBank. Which of the following best describes AgriBank’s secured position concerning the deposit accounts at the time of the attempted levy?
Correct
The core issue here revolves around the perfection of a security interest in a deposit account, specifically when the secured party is the bank where the deposit account is maintained. Under Nebraska Revised Statute § 9-312(b)(1), a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank in which the deposit account is maintained. In this scenario, AgriBank is the secured party and the deposit account of Prairie Farms is held at AgriBank. Therefore, AgriBank has automatically obtained control over the deposit account upon the creation of the security agreement, as no further action is required for perfection when the secured party is the bank itself. This is a key exception to the general perfection rules for deposit accounts. The filing of a financing statement is generally ineffective for perfection of security interests in deposit accounts, as control is the exclusive method. While a financing statement might be filed, it does not confer perfection in this specific context. The debtor’s location in Nebraska is relevant for determining the applicable law under § 9-301, but the perfection method for deposit accounts is uniform across jurisdictions that have adopted Article 9. The fact that Prairie Farms is a cooperative does not alter the perfection rules for its deposit accounts.
Incorrect
The core issue here revolves around the perfection of a security interest in a deposit account, specifically when the secured party is the bank where the deposit account is maintained. Under Nebraska Revised Statute § 9-312(b)(1), a security interest in a deposit account can only be perfected by control. Control is achieved when the secured party is the bank in which the deposit account is maintained. In this scenario, AgriBank is the secured party and the deposit account of Prairie Farms is held at AgriBank. Therefore, AgriBank has automatically obtained control over the deposit account upon the creation of the security agreement, as no further action is required for perfection when the secured party is the bank itself. This is a key exception to the general perfection rules for deposit accounts. The filing of a financing statement is generally ineffective for perfection of security interests in deposit accounts, as control is the exclusive method. While a financing statement might be filed, it does not confer perfection in this specific context. The debtor’s location in Nebraska is relevant for determining the applicable law under § 9-301, but the perfection method for deposit accounts is uniform across jurisdictions that have adopted Article 9. The fact that Prairie Farms is a cooperative does not alter the perfection rules for its deposit accounts.
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Question 28 of 30
28. Question
Prairie Harvest Equipment, a Nebraska-based farm machinery dealer, secured a loan from First National Bank of Omaha (FNBO) by granting FNBO a security interest in all its inventory, including tractors and harvesters. FNBO properly filed a UCC-1 financing statement in Nebraska on January 15th, 2023, covering this inventory. In February 2023, Prairie Harvest Equipment sold a new combine harvester to a farmer in Kansas, taking back a promissory note and a security agreement for the balance of the purchase price, which constitutes an “account” under Article 9. Plains State Bank, unaware of FNBO’s prior filing, subsequently filed its own UCC-1 financing statement on February 1st, 2023, in Nebraska, claiming a security interest in Prairie Harvest Equipment’s accounts. Which bank has the superior security interest in the account created by the sale of the combine harvester to the Kansas farmer?
Correct
The core issue in this scenario revolves around the perfection of a security interest in accounts that are proceeds of inventory. Under Nebraska Revised Statute § 28A-310(c), a security interest in accounts that are proceeds of specific collateral, such as inventory, is automatically perfected if the security interest in the original collateral (inventory) is perfected. This is often referred to as “automatic perfection” or “perfection by operation of law” concerning proceeds. Therefore, if First National Bank of Omaha properly perfected its security interest in the farm equipment inventory by filing a financing statement in Nebraska, its security interest in the accounts generated from the sale of that inventory is automatically perfected without the need for a separate filing or action. The timing of the filing for the inventory is crucial. Since First National Bank of Omaha filed its financing statement on January 15th, 2023, this perfection extends to the proceeds. The subsequent filing by Plains State Bank on February 1st, 2023, for the same accounts would be junior to First National Bank of Omaha’s automatically perfected security interest. This principle is a fundamental aspect of Article 9’s treatment of proceeds and aims to avoid the administrative burden of re-perfecting security interests in assets that naturally arise from the disposition of collateral. The UCC’s approach to proceeds is designed to provide a more streamlined and predictable framework for secured creditors.
Incorrect
The core issue in this scenario revolves around the perfection of a security interest in accounts that are proceeds of inventory. Under Nebraska Revised Statute § 28A-310(c), a security interest in accounts that are proceeds of specific collateral, such as inventory, is automatically perfected if the security interest in the original collateral (inventory) is perfected. This is often referred to as “automatic perfection” or “perfection by operation of law” concerning proceeds. Therefore, if First National Bank of Omaha properly perfected its security interest in the farm equipment inventory by filing a financing statement in Nebraska, its security interest in the accounts generated from the sale of that inventory is automatically perfected without the need for a separate filing or action. The timing of the filing for the inventory is crucial. Since First National Bank of Omaha filed its financing statement on January 15th, 2023, this perfection extends to the proceeds. The subsequent filing by Plains State Bank on February 1st, 2023, for the same accounts would be junior to First National Bank of Omaha’s automatically perfected security interest. This principle is a fundamental aspect of Article 9’s treatment of proceeds and aims to avoid the administrative burden of re-perfecting security interests in assets that naturally arise from the disposition of collateral. The UCC’s approach to proceeds is designed to provide a more streamlined and predictable framework for secured creditors.
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Question 29 of 30
29. Question
Prairie Grain Cooperative of North Platte, Nebraska, entered into an agreement with Homestead Farms Inc., a Nebraska-based agricultural producer, to purchase all of Homestead Farms’ outstanding accounts receivable, which were generated from the sale of corn and soybeans to various distributors. This purchase was presented as an integral part of Homestead Farms’ larger transaction to sell its entire farming operation, including land, equipment, and the aforementioned accounts. Prairie Grain Cooperative did not file a UCC-3 financing statement with the Nebraska Secretary of State concerning these accounts. What is the status of Prairie Grain Cooperative’s interest in these accounts, assuming no other collateral was involved in the security agreement beyond the accounts themselves?
Correct
The core issue revolves around the perfection of a security interest in accounts that are part of a sale of a business. Under Nebraska’s UCC Article 9, specifically Neb. Rev. Stat. § 9-109(d)(3), Article 9 does not apply to the sale of accounts or chattel paper as part of a sale of a business. This exclusion is significant because it means that a security interest in such accounts is not perfected by filing a financing statement under Article 9. Instead, the perfection and priority of the buyer’s interest in these accounts are governed by common law principles of assignment and transfer, or potentially other statutory provisions outside of Article 9, depending on the specific nature of the business sale. Therefore, a security interest granted in accounts that are part of a business sale, without any other collateral being involved, does not require a UCC-3 financing statement filing for perfection. The perfection is achieved through other means, typically by the buyer taking possession or control of the accounts, or by operation of law as a consequence of the sale itself, depending on the jurisdiction’s specific assignment laws. The question tests the understanding of this specific exclusion in Article 9.
Incorrect
The core issue revolves around the perfection of a security interest in accounts that are part of a sale of a business. Under Nebraska’s UCC Article 9, specifically Neb. Rev. Stat. § 9-109(d)(3), Article 9 does not apply to the sale of accounts or chattel paper as part of a sale of a business. This exclusion is significant because it means that a security interest in such accounts is not perfected by filing a financing statement under Article 9. Instead, the perfection and priority of the buyer’s interest in these accounts are governed by common law principles of assignment and transfer, or potentially other statutory provisions outside of Article 9, depending on the specific nature of the business sale. Therefore, a security interest granted in accounts that are part of a business sale, without any other collateral being involved, does not require a UCC-3 financing statement filing for perfection. The perfection is achieved through other means, typically by the buyer taking possession or control of the accounts, or by operation of law as a consequence of the sale itself, depending on the jurisdiction’s specific assignment laws. The question tests the understanding of this specific exclusion in Article 9.
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Question 30 of 30
30. Question
AgriBank secured a loan to Farmer Giles with a security interest in all of Farmer Giles’s current and future grain crops, which AgriBank perfected by filing a financing statement on May 1st in Nebraska. On May 15th, Farmer Giles received possession of a large shipment of corn from a supplier. This corn shipment was also subject to a security interest granted to First National Bank, which had previously filed a financing statement covering all of Farmer Giles’s grain inventory on April 10th. AgriBank’s loan to Farmer Giles was intended to finance the purchase of this specific corn shipment. Under Nebraska’s Uniform Commercial Code Article 9, what is the likely priority status of AgriBank’s security interest in the corn shipment relative to First National Bank’s security interest?
Correct
This scenario tests the understanding of perfection and priority in Nebraska secured transactions, specifically concerning the filing of a financing statement and the impact of a purchase-money security interest (PMSI) in inventory. For a security interest to be perfected, a financing statement must be filed, and the debtor must have rights in the collateral. In Nebraska, as under general UCC Article 9, a PMSI in inventory generally requires filing a financing statement *before* the debtor receives possession of the inventory, and the secured party must notify any other secured party of record who has filed a financing statement covering the same goods. However, the prompt states that AgriBank filed its financing statement on May 1st, and the debtor received possession of the grain on May 15th. This timing is generally acceptable for perfection. The critical element here is the notification requirement for a PMSI in inventory. Section 9-324 of the UCC (as adopted in Nebraska, Neb. Rev. Stat. § 9-324) outlines the priority of PMSI. To retain priority over a conflicting security interest in inventory, the PMSI holder must satisfy specific conditions. These include filing before the debtor receives possession of the inventory and sending authenticated notification to any other secured party who has filed a financing statement covering the same inventory or is entitled to priority under Section 9-322. In this case, AgriBank’s financing statement was filed before the debtor received the grain. However, the prompt does not state whether AgriBank provided the required notification to First National Bank, which had a prior-filed financing statement. Without this notification, AgriBank’s PMSI in inventory would not have priority over First National Bank’s earlier-filed security interest. Therefore, First National Bank retains priority. The correct answer is the outcome where First National Bank has priority because AgriBank failed to provide the necessary notification to First National Bank regarding its PMSI in inventory, a requirement under Nebraska law for PMSI priority in inventory over a prior perfected security interest.
Incorrect
This scenario tests the understanding of perfection and priority in Nebraska secured transactions, specifically concerning the filing of a financing statement and the impact of a purchase-money security interest (PMSI) in inventory. For a security interest to be perfected, a financing statement must be filed, and the debtor must have rights in the collateral. In Nebraska, as under general UCC Article 9, a PMSI in inventory generally requires filing a financing statement *before* the debtor receives possession of the inventory, and the secured party must notify any other secured party of record who has filed a financing statement covering the same goods. However, the prompt states that AgriBank filed its financing statement on May 1st, and the debtor received possession of the grain on May 15th. This timing is generally acceptable for perfection. The critical element here is the notification requirement for a PMSI in inventory. Section 9-324 of the UCC (as adopted in Nebraska, Neb. Rev. Stat. § 9-324) outlines the priority of PMSI. To retain priority over a conflicting security interest in inventory, the PMSI holder must satisfy specific conditions. These include filing before the debtor receives possession of the inventory and sending authenticated notification to any other secured party who has filed a financing statement covering the same inventory or is entitled to priority under Section 9-322. In this case, AgriBank’s financing statement was filed before the debtor received the grain. However, the prompt does not state whether AgriBank provided the required notification to First National Bank, which had a prior-filed financing statement. Without this notification, AgriBank’s PMSI in inventory would not have priority over First National Bank’s earlier-filed security interest. Therefore, First National Bank retains priority. The correct answer is the outcome where First National Bank has priority because AgriBank failed to provide the necessary notification to First National Bank regarding its PMSI in inventory, a requirement under Nebraska law for PMSI priority in inventory over a prior perfected security interest.