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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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