The following rules govern priority among conflicting security interests in the same letter-of-credit right:

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Terms Used In North Dakota Code 41-09-49

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49

1.    A security interest held by a secured party having control of the letter-of-credit right under section 41-09-07 has priority to the extent of its control over a conflicting security interest held by a secured party that does not have control.

2.    Security interests perfected by control under section 41-09-34 rank according to priority in time of obtaining control.