§25‑2A‑310. Lessor's and lessee's rights when goods becomeaccessions.
(1) Goods are"accessions" when they are installed in or affixed to other goods.
(2) The interest of alessor or a lessee under a lease contract entered into before the goods becameaccessions is superior to all interests in the whole except as stated insubsection (4) of this section.
(3) The interest of alessor or a lessee under a lease contract entered into at the time or after thegoods became accessions is superior to all subsequently acquired interests inthe whole except as stated in subsection (4) of this section but is subordinateto interests in the whole existing at the time the lease contract was madeunless the holders of such interests in the whole have in writing consented tothe lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of alessor or a lessee under a lease contract described in subsection (2) or (3) ofthis section is subordinate to the interest of:
(a) a buyer in theordinary course of business or a lessee in the ordinary course of business ofany interest in the whole acquired after the goods became accessions; or
(b) a creditor with asecurity interest in the whole perfected before the lease contract was made tothe extent that the creditor makes subsequent advances without knowledge of thelease contract.
(5) When undersubsections (2) or (3) and (4) of this section, a lessor or a lessee ofaccessions holds an interest that is superior to all interests in the whole,the lessor or the lessee may:
(a) on default,expiration, termination, or cancellation of the lease contract by the otherparty but subject to the provisions of the lease contract and this Article; or
(b) if necessary toenforce his other rights and remedies under this Article, remove the goods fromthe whole, free and clear of all interests in the whole, but he must reimburseany holder of an interest in the whole who is not the lessee and who has nototherwise agreed for the cost of repair of any physical injury but not for anydiminution in value of the whole caused by the absence of the goods removed orby any necessity for replacing them. A person entitled to reimbursement mayrefuse permission to remove until the party seeking removal gives adequatesecurity for the performance of this obligation. (1993, c. 463, s. 1.)
§25‑2A‑310. Lessor's and lessee's rights when goods becomeaccessions.
(1) Goods are"accessions" when they are installed in or affixed to other goods.
(2) The interest of alessor or a lessee under a lease contract entered into before the goods becameaccessions is superior to all interests in the whole except as stated insubsection (4) of this section.
(3) The interest of alessor or a lessee under a lease contract entered into at the time or after thegoods became accessions is superior to all subsequently acquired interests inthe whole except as stated in subsection (4) of this section but is subordinateto interests in the whole existing at the time the lease contract was madeunless the holders of such interests in the whole have in writing consented tothe lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of alessor or a lessee under a lease contract described in subsection (2) or (3) ofthis section is subordinate to the interest of:
(a) a buyer in theordinary course of business or a lessee in the ordinary course of business ofany interest in the whole acquired after the goods became accessions; or
(b) a creditor with asecurity interest in the whole perfected before the lease contract was made tothe extent that the creditor makes subsequent advances without knowledge of thelease contract.
(5) When undersubsections (2) or (3) and (4) of this section, a lessor or a lessee ofaccessions holds an interest that is superior to all interests in the whole,the lessor or the lessee may:
(a) on default,expiration, termination, or cancellation of the lease contract by the otherparty but subject to the provisions of the lease contract and this Article; or
(b) if necessary toenforce his other rights and remedies under this Article, remove the goods fromthe whole, free and clear of all interests in the whole, but he must reimburseany holder of an interest in the whole who is not the lessee and who has nototherwise agreed for the cost of repair of any physical injury but not for anydiminution in value of the whole caused by the absence of the goods removed orby any necessity for replacing them. A person entitled to reimbursement mayrefuse permission to remove until the party seeking removal gives adequatesecurity for the performance of this obligation. (1993, c. 463, s. 1.)
§25‑2A‑310. Lessor's and lessee's rights when goods becomeaccessions.
(1) Goods are"accessions" when they are installed in or affixed to other goods.
(2) The interest of alessor or a lessee under a lease contract entered into before the goods becameaccessions is superior to all interests in the whole except as stated insubsection (4) of this section.
(3) The interest of alessor or a lessee under a lease contract entered into at the time or after thegoods became accessions is superior to all subsequently acquired interests inthe whole except as stated in subsection (4) of this section but is subordinateto interests in the whole existing at the time the lease contract was madeunless the holders of such interests in the whole have in writing consented tothe lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of alessor or a lessee under a lease contract described in subsection (2) or (3) ofthis section is subordinate to the interest of:
(a) a buyer in theordinary course of business or a lessee in the ordinary course of business ofany interest in the whole acquired after the goods became accessions; or
(b) a creditor with asecurity interest in the whole perfected before the lease contract was made tothe extent that the creditor makes subsequent advances without knowledge of thelease contract.
(5) When undersubsections (2) or (3) and (4) of this section, a lessor or a lessee ofaccessions holds an interest that is superior to all interests in the whole,the lessor or the lessee may:
(a) on default,expiration, termination, or cancellation of the lease contract by the otherparty but subject to the provisions of the lease contract and this Article; or
(b) if necessary toenforce his other rights and remedies under this Article, remove the goods fromthe whole, free and clear of all interests in the whole, but he must reimburseany holder of an interest in the whole who is not the lessee and who has nototherwise agreed for the cost of repair of any physical injury but not for anydiminution in value of the whole caused by the absence of the goods removed orby any necessity for replacing them. A person entitled to reimbursement mayrefuse permission to remove until the party seeking removal gives adequatesecurity for the performance of this obligation. (1993, c. 463, s. 1.)
