Which security interest in the deposit account is senior


Assignment task: In the setting of the Prototype receivables financing transaction in Section 1(B), supra, Eastinghome obtained a security interest in Carguys' existing and after-arising accounts and filed a financing statement in the Delaware filing office. Thereafter, Carguys opened a deposit account with a branch of Firstbank in Los Angeles, near Carguy's corporate headquarters. The account agreement between Carguys and Firstbank provided that the deposit account secures all existing and future indebtedness of Carguys to Firstbank. As Carguys received payments from its account debtors, it deposited the payments into the deposit account at Firstbank. No other funds were deposited into the deposit account at Firstbank. No other funds were deposited into the deposit account. In September Carguys borrowed $50,000 from Firstbank. A few months later Carguys defaults on its obligations to Eastinghome and Firstbank.

(a) Which security interest in the deposit account is senior, Eastinghome's or Firstbank's? See UCC 9-315(c), (d); UCC 9-322(a)(1), (b)(1), (F)(1); UCC 9-327. What could the holder of the junior security interest have done to protect itself? See Security Agreement § 4.2 (Form 6.2, supra).

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