Question
Lizziehas a horse farm where she raises thoroughbred horses to race. Lizzienegotiated a loan in the amount of $300,000 from Canada Trust for the purpose
Lizziehas a horse farm where she raises thoroughbred horses to race. Lizzienegotiated a loan in the amount of $300,000 from Canada Trust for the purpose of buying horses and equipment. Canada Trust took a security interest in all of Lizzie's present and future assets under a general security agreement. Canada Trust registered its security interest by filing a financing statement on July 15, 2015 under thePersonal Property Security Act.
A year later, Lizzie needed a new pickup truck for her business. She negotiated a loan of $25,000 from Commerce Bank to buy a new truck. The bank took a chattel mortgage on the truck to secure the loan. Lizzie took delivery of the truck on August 1, 2016.The bank registered its security interest in August 30, 2016.
A few months later,Lizziedefaults on her obligations to Canada Trust and Commerce Bank. Both Commerce Bank and Canada Trust claim that its security interest has first priority to the pickup truck.
Which is the applicable Law in this case? Who is entitled to seizethe pickup truck?
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