(a) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under ORS 79.0105; and
(b) The chattel paper does not indicate that it has been assigned to an identified assignee other than the purchaser.
(2) A purchaser of chattel paper has priority over a security interest in the chattel paper which is claimed other than merely as proceeds of inventory subject to a security interest if the purchaser gives new value and takes possession of the chattel paper or obtains control of the chattel paper under ORS 79.0105 in good faith, in the ordinary course of the purchaser’s business, and without knowledge that the purchase violates the rights of the secured party.
(3) Except as otherwise provided in ORS 79.0327, a purchaser having priority in chattel paper under subsection (1) or (2) of this section also has priority in proceeds of the chattel paper to the extent that:
(a) ORS 79.0322 provides for priority in the proceeds; or
(b) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.
(4) Except as otherwise provided in ORS 79.0331 (1), a purchaser of an instrument has priority over a security interest in the instrument perfected by a method other than possession if the purchaser gives value and takes possession of the instrument in good faith and without knowledge that the purchase violates the rights of the secured party.
(5) For purposes of subsections (1) and (2) of this section, the holder of a purchase-money security interest in inventory gives new value for chattel paper constituting proceeds of the inventory.
(6) For purposes of subsections (2) and (4) of this section, if chattel paper or an instrument indicates that it has been assigned to an identified secured party other than the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase violates the rights of the secured party. [2001 c.445 §50]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 079 - Secured Transactions
Section 79.0102 - UCC 9-102. Definitions and index of definitions.
Section 79.0104 - UCC 9-104. Control of deposit account.
Section 79.0105 - UCC 9-105. Control of electronic chattel paper.
Section 79.0106 - UCC 9-106. Control of investment property.
Section 79.0108 - UCC 9-108. Sufficiency of description.
Section 79.0109 - UCC 9-109. Scope.
Section 79.0110 - UCC 9-110. Security interests arising under ORS chapter 72 or 72A.
Section 79.0201 - UCC 9-201. General effectiveness of security agreement.
Section 79.0204 - UCC 9-204. After-acquired property; future advances.
Section 79.0205 - UCC 9-205. Use or disposition of collateral permissible.
Section 79.0206 - UCC 9-206. Security interest arising in purchase or delivery of financial asset.
Section 79.0208 - UCC 9-208. Additional duties of secured party having control of collateral.
Section 79.0301 - UCC 9-301. Law governing perfection and priority of security interests.
Section 79.0307 - UCC 9-307. Location of debtor.
Section 79.0309 - UCC 9-309. Security interest perfected upon attachment.
Section 79.0314 - UCC 9-314. Perfection by control.
Section 79.0315 - UCC 9-315. Secured party’s rights on disposition of collateral and in proceeds.
Section 79.0316 - UCC 9-316. Effect of change in governing law.
Section 79.0319 - UCC 9-319. Rights and title of consignee with respect to creditors and purchasers.
Section 79.0320 - UCC 9-320. Buyer of goods.
Section 79.0323 - UCC 9-323. Future advances.
Section 79.0324 - UCC 9-324. Priority of purchase-money security interests.
Section 79.0325 - UCC 9-325. Priority of security interests in transferred collateral.
Section 79.0326 - UCC 9-326. Priority of security interests created by new debtor.
Section 79.0327 - UCC 9-327. Priority of security interests in deposit account.
Section 79.0328 - UCC 9-328. Priority of security interests in investment property.
Section 79.0329 - UCC 9-329. Priority of security interests in letter-of-credit right.
Section 79.0330 - UCC 9-330. Priority of purchaser of chattel paper or instrument.
Section 79.0332 - UCC 9-332. Transfer of money; transfer of funds from deposit account.
Section 79.0333 - UCC 9-333. Priority of certain liens arising by operation of law.
Section 79.0334 - UCC 9-334. Priority of security interests in fixtures and crops.
Section 79.0335 - UCC 9-335. Accessions.
Section 79.0336 - UCC 9-336. Commingled goods.
Section 79.0340 - UCC 9-340. Effectiveness of right of recoupment or setoff against deposit account.
Section 79.0341 - UCC 9-341. Bank’s rights and duties with respect to deposit account.
Section 79.0401 - UCC 9-401. Alienability of debtor’s rights.
Section 79.0403 - UCC 9-403. Agreement not to assert defenses against assignee.
Section 79.0404 - UCC 9-404. Rights acquired by assignee; claims and defenses against assignee.
Section 79.0405 - UCC 9-405. Modification of assigned contract.
Section 79.0409 - UCC 9-409. Restrictions on assignment of letter-of-credit rights ineffective.
Section 79.0501 - UCC 9-501. Filing office.
Section 79.0503 - UCC 9-503. Name of debtor and secured party.
Section 79.0504 - UCC 9-504. Indication of collateral.
Section 79.0506 - UCC 9-506. Effect of errors or omissions.
Section 79.0507 - UCC 9-507. Effect of certain events on effectiveness of financing statement.
Section 79.0509 - UCC 9-509. Persons entitled to file a record.
Section 79.0510 - UCC 9-510. Effectiveness of filed record.
Section 79.0511 - UCC 9-511. Secured party of record.
Section 79.0512 - UCC 9-512. Amendment of financing statement.
Section 79.0513 - UCC 9-513. Termination statement.
Section 79.0514 - UCC 9-514. Assignment of powers of secured party of record.
Section 79.0516 - UCC 9-516. What constitutes filing; effectiveness of filing.
Section 79.0518 - UCC 9-518. Claim concerning inaccurate or wrongfully filed record.
Section 79.0520 - UCC 9-520. Acceptance and refusal to accept record.
Section 79.0522 - UCC 9-522. Maintenance and destruction of records.
Section 79.0523 - UCC 9-523. Information from filing office; sale or license of records.
Section 79.0524 - UCC 9-524. Delay by filing office.
Section 79.0525 - UCC 9-525. Fees; rules.
Section 79.0526 - UCC 9-526. Filing-office rules.
Section 79.0602 - UCC 9-602. Waiver and variance of rights and duties.
Section 79.0603 - UCC 9-603. Agreement on standards concerning rights and duties.
Section 79.0604 - UCC 9-604. Procedure if security agreement covers real property or fixtures.
Section 79.0605 - UCC 9-605. Unknown debtor or secondary obligor.
Section 79.0607 - UCC 9-607. Collection and enforcement by secured party.
Section 79.0609 - UCC 9-609. Secured party’s right to take possession after default.
Section 79.0610 - UCC 9-610. Disposition of collateral after default.
Section 79.0611 - UCC 9-611. Notification before disposition of collateral.
Section 79.0612 - UCC 9-612. Timeliness of notification before disposition of collateral.
Section 79.0616 - UCC 9-616. Explanation of calculation of surplus or deficiency.
Section 79.0617 - UCC 9-617. Rights of transferee of collateral.
Section 79.0618 - UCC 9-618. Rights and duties of certain secondary obligors.
Section 79.0619 - UCC 9-619. Transfer of record or legal title.
Section 79.0621 - UCC 9-621. Notification of proposal to accept collateral.
Section 79.0622 - UCC 9-622. Effect of acceptance of collateral.
Section 79.0623 - UCC 9-623. Right to redeem collateral.
Section 79.0624 - UCC 9-624. Waiver.
Section 79.0625 - UCC 9-625. Remedies for secured party’s failure to comply with article.
Section 79.0626 - UCC 9-626. Action in which deficiency or surplus is in issue.
Section 79.0627 - UCC 9-627. Determination of whether conduct was commercially reasonable.