| | | (3)__In cases not governed by subsections (4) to (8), a | | security interest in fixtures is subordinate to a conflicting | | interest of an encumbrancer or owner of the related real property | | other than the debtor. |
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| | | (4)__Except as otherwise provided in subsection (8), a | | perfected security interest in fixtures has priority over a | | conflicting interest of an encumbrancer or owner of the real | | property if the debtor has an interest of record in or is in | | possession of the real property and: |
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| | | (a)__The security interest is a purchase-money security | | interest; |
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| | | (b)__The interest of the encumbrancer or owner arises before | | the goods become fixtures; and |
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| | | (c)__The security interest is perfected by a fixture filing | | before the goods become fixtures or within 20 days | | thereafter. |
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| | | (5)__A perfected security interest in fixtures has priority | | over a conflicting interest of an encumbrancer or owner of the | | real property if: |
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| | | (a)__The debtor has an interest of record in the real | | property or is in possession of the real property and the | | security interest: |
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| | | (i)__Is perfected by a fixture filing before the | | interest of the encumbrancer or owner is of record; and |
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| | | (ii)__Has priority over any conflicting interest of a | | predecessor in title of the encumbrancer or owner; |
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| | | (b)__Before the goods become fixtures, the security interest | | is perfected by any method permitted by this Article and the | | fixtures are readily removable: |
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| | | (i)__Factory or office machines; |
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| | | (ii)__Equipment that is not primarily used or leased | | for use in the operation of the real property; or |
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| | | (iii)__Replacements of domestic appliances that are | | consumer goods; |
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| | | (c)__The conflicting interest is a lien on the real property | | obtained by legal or equitable proceedings after the |
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