400.9-320. Buyer of goods.
Buyer of goods.
400.9-320. (a) Except as otherwise provided in subsection (e), abuyer in ordinary course of business, other than a person buying farmproducts from a person engaged in farming operations, takes free of asecurity interest created by the buyer's seller, even if the securityinterest is perfected and the buyer knows of its existence.
(b) Except as otherwise provided in subsection (e), a buyer of goodsfrom a person who used or bought the goods for use primarily for personal,family, or household purposes takes free of a security interest, even ifperfected, if the buyer buys:
(1) Without knowledge of the security interest;
(2) For value;
(3) Primarily for the buyer's personal, family, or householdpurposes; and
(4) Before the filing of a financing statement covering the goods.
(c) To the extent that it affects the priority of a security interestover a buyer of goods under subsection (b), the period of effectiveness ofa filing made in the jurisdiction in which the seller is located isgoverned by section 400.9-316(a) and (b).
(d) A buyer in ordinary course of business buying oil, gas, or otherminerals at the wellhead or minehead or after extraction takes free of aninterest arising out of an encumbrance.
(e) Subsections (a) and (b) do not affect a security interest ingoods in the possession of the secured party under section 400.9-313.
(L. 2001 S.B. 288)Effective 7-01-01