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FACT PATTERN FOR THE FINAL THREE ESSAY QUESTIONS: Three year…

FACT PATTERN FOR THE FINAL THREE ESSAY QUESTIONS: Three years ago, a furniture store borrowed $3 million from Premier Bank. The loan agreement, signed by both parties, provided that the furniture store granted Premier Bank a security interest in all of the store’s present and future inventory to secure the store’s obligation to repay the loan. On the day after it made the loan, Premier Bank filed in the appropriate state filing office a properly completed financing statement reflecting this transaction. Eight months ago, a customer purchased a custom leather sectional sofa from the furniture store for a total price of $6,500. The customer paid $1,500 as a down payment on the sofa and agreed to make 10 additional monthly payments of $500 each. The customer signed a “retail installment contract” memorializing the financial arrangement with the furniture store and providing that the furniture store would “maintain a security interest” in the sofa until the customer’s obligation to the store was paid in full. The furniture store filed a financing statement covering this transaction. The customer then arranged for delivery of the sofa to her apartment. The customer had no knowledge of the furniture store’s agreement with Premier Bank and acted in good faith in acquiring the sofa.Three months ago, the customer lost her job and could no longer afford the monthly $500 payments for the sofa. She contacted a former colleague from work, who had recently moved into a new apartment and needed furniture. After some negotiation, the colleague agreed to buy the sofa from the customer for $2,000 in cash. The customer accepted the colleague’s proposal and deposited the $2,000 into her regular checking account, which had only $15 in it before the deposit. The customer subsequently used some of these funds to pay her rent and now has $1,000 remaining in the checking account. The colleague took the sofa and began using it in his apartment. The colleague had no knowledge of the customer’s agreement with the furniture store or of the furniture store’s agreement with Premier Bank. The furniture store has recently defaulted on its loan payments to Premier Bank. Meanwhile, since the colleague bought the sofa from the customer, the customer has not made any of her monthly payments to the furniture store.