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§12A-2A-310.


§12A-2A-310.
   
         LESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME ACCESSIONS
                                      
   (1) Goods are "accessions" when they are installed in or affixed to
   other goods.
   
   (2) The interest of a lessor or a lessee under a lease contract
   entered into before the goods became accessions is superior to all
   interests in the whole except as stated in subsection (4) of this
   section.
   
   (3) The interest of a lessor or a lessee under a lease contract
   entered into at the time or after the goods became accessions is
   superior to all subsequently acquired interests in the whole except as
   stated in subsection (4) of this section but is subordinate to
   interests in the whole existing at the time the lease contract was
   made unless the holders of such interests in the whole have in writing
   consented to the lease or disclaimed an interest in the goods as part
   of the whole.
   
   (4) The interest of a lessor or a lessee under a lease contract
   described in subsection (2) or (3) of this section is subordinate to
   the interest of:
   
   (a) a buyer in the ordinary course of business or a lessee in the
   ordinary course of business of any interest in the whole acquired
   after the goods became accessions; or
   
   (b) a creditor with a security interest in the whole perfected before
   the lease contract was made to the extent that the creditor makes
   subsequent advances without knowledge of the lease contract.
   
   (5) When under subsections (2) or (3), and (4) of this section a
   lessor or a lessee of accessions holds an interest that is superior to
   all interests in the whole, the lessor or the lessee:
   
   (a) on default, expiration, termination, or cancellation of the lease
   contract by the other party but subject to the provisions of the lease
   contract and this article, or
   
   (b) if necessary to enforce his other rights and remedies under this
   article,
   
   may remove the goods from the whole, free and clear of all interests
   in the whole, but he must reimburse any holder of an interest in the
   whole who is not the lessee and who has not otherwise agreed for the
   cost of repair of any physical injury but not for any diminution in
   value of the whole caused by the absence of the goods removed or by
   any necessity for replacing them. A person entitled to reimbursement
   may refuse permission to remove until the party seeking removal gives
   adequate security for the performance of this obligation.
   

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