LD 2245
pg. 258
Page 257 of 493 An Act to Adopt the Model Revised Article 9 Secured Transactions Page 259 of 493
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LR 1087
Item 1

 
security interest was perfected by any method permitted by
this Article; or

 
(d)__The security interest is:

 
(i)__Created in a manufactured home in a manufactured-
home transaction; and

 
(ii)__Perfected pursuant to a statute described in
section 9-1311, subsection (1), paragraph (b).

 
(6)__A security interest in fixtures, whether or not
perfected, has priority over a conflicting interest of an
encumbrancer or owner of the real property if:

 
(a)__The encumbrancer or owner has, in an authenticated
record, consented to the security interest or disclaimed an
interest in the goods as fixtures; or

 
(b)__The debtor has a right to remove the goods as against
the encumbrancer or owner.

 
(7)__The priority of the security interest under subsection
(6)(b) continues for a reasonable time if the debtor's right to
remove the goods as against the encumbrancer or owner terminates.

 
(8)__A mortgage is a construction mortgage to the extent that
it secures an obligation incurred for the construction of an
improvement on land, including the acquisition cost of the land,
if a recorded record of the mortgage so indicates.__Except as
otherwise provided in subsections (5) and (6), a security
interest in fixtures is subordinate to a construction mortgage if
a record of the mortgage is recorded before the goods become
fixtures and the goods become fixtures before the completion of
the construction.__A mortgage has this priority to the same
extent as a construction mortgage to the extent that it is given
to refinance a construction mortgage.

 
(9)__A perfected security interest in crops growing on real
property 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.

 
Official Comment

 
1. Source. Former Section 9-313.

 
2. Scope of This Section. This section contains rules
governing the priority of security interests in fixtures and


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