§490:2A-310  Lessor's and lessee's rights
when goods become accessions.  (a)  Goods are "accessions" when
they are installed in or affixed to other goods.



(b)  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 (d).



(c)  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 (d) 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.



(d)  The interest of a lessor or a lessee under
a lease contract described in subsection (b) or (c) is subordinate to the
interest of:



(1)  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



(2)  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.



(e)  When under subsections (b) or (c) and (d)
a lessor or a lessee of accessions holds an interest that is superior to all
interests in the whole, the lessor or the lessee may (i) 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
(ii) if necessary to enforce other rights and remedies under this article,
remove the goods from the whole, free and clear of all interests in the whole,
but the removing party 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. [L 1991, c 40, pt of §1]