70A-9a-323 - Future advances.
70A-9a-323. Future advances.
(1) Except as otherwise provided in Subsection (3), for purposes of determining thepriority of a perfected security interest under Subsection 70A-9a-322(1)(a), perfection of thesecurity interest dates from the time an advance is made to the extent that the security interestsecures an advance that:
(a) is made while the security interest is perfected only:
(i) under Section 70A-9a-309 when it attaches; or
(ii) temporarily under Subsection 70A-9a-312(5), (6), or (7); and
(b) is not made pursuant to a commitment entered into before or while the securityinterest is perfected by a method other than under Section 70A-9a-309 or Subsection70A-9a-312(5), (6), or (7).
(2) Except as otherwise provided in Subsection (3), a security interest is subordinate tothe rights of a person that becomes a lien creditor to the extent that the security interest secures anadvance made more than 45 days after the person becomes a lien creditor unless the advance ismade:
(a) without knowledge of the lien; or
(b) pursuant to a commitment entered into without knowledge of the lien.
(3) Subsections (1) and (2) do not apply to a security interest held by a secured party thatis a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.
(4) Except as otherwise provided in Subsection (5), a buyer of goods other than a buyerin ordinary course of business takes free of a security interest to the extent that it securesadvances made after the earlier of:
(a) the time the secured party acquires knowledge of the buyer's purchase; or
(b) 45 days after the purchase.
(5) Subsection (4) does not apply if the advance is made pursuant to a commitmententered into without knowledge of the buyer's purchase and before the expiration of the 45-dayperiod.
(6) Except as otherwise provided in Subsection (7), a lessee of goods, other than a lesseein ordinary course of business, takes the leasehold interest free of a security interest to the extentthat it secures advances made after the earlier of:
(a) the time the secured party acquires knowledge of the lease; or
(b) 45 days after the lease contract becomes enforceable.
(7) Subsection (6) does not apply if the advance is made pursuant to a commitmententered into without knowledge of the lease and before the expiration of the 45-day period.
Enacted by Chapter 252, 2000 General Session