(a) When priority basedon time of advance. Except as otherwise provided in subsection (c) of thissection, for purposes of determining the priority of a perfected securityinterest under G.S. 25‑9‑322(a)(1), perfection of the securityinterest dates from the time an advance is made to the extent that the securityinterest secures an advance that:
(1) Is made while thesecurity interest is perfected only:
a. Under G.S. 25‑9‑309when it attaches; or
b. Temporarily underG.S. 25‑9‑312(e), (f), or (g); and
(2) Is not made pursuantto a commitment entered into before or while the security interest is perfectedby a method other than under G.S. 25‑9‑309 or G.S. 25‑9‑312(e),(f), or (g).
(b) Lien creditor. Except as otherwise provided in subsection (c) of this section, a securityinterest is subordinate to the rights of a person that becomes a lien creditorto the extent that the security interest secures an advance made more than 45days after the person becomes a lien creditor unless the advance is made:
(1) Without knowledge ofthe lien; or
(2) Pursuant to acommitment entered into without knowledge of the lien.
(c) Buyer ofreceivables. Subsections (a) and (b) of this section do not apply to asecurity interest held by a secured party that is a buyer of accounts, chattelpaper, payment intangibles, or promissory notes or a consignor.
(d) Buyer of goods. Except as otherwise provided in subsection (e) of this section, a buyer ofgoods other than a buyer in ordinary course of business takes free of asecurity interest to the extent that it secures advances made after the earlierof:
(1) The time the securedparty acquires knowledge of the buyer's purchase; or
(2) 45 days after thepurchase.
(e) Advances madepursuant to commitment: priority of buyer of goods. Subsection (d) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the buyer's purchase and before the expiration of the45‑day period.
(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, a lessee ofgoods, other than a lessee in ordinary course of business, takes the leaseholdinterest free of a security interest to the extent that it secures advancesmade after the earlier of:
(1) The time the securedparty acquires knowledge of the lease; or
(2) 45 days after thelease contract becomes enforceable.
(g) Advances madepursuant to commitment: priority of lessee of goods. Subsection (f) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the lease and before the expiration of the 45‑dayperiod. (1945, c. 182, s. 4; c. 196, s. 4; 1955, c. 386, s. 2;1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 1979, c. 404, s. 1; 1997‑181,s. 8; 2000‑169, s. 1.)
(a) When priority basedon time of advance. Except as otherwise provided in subsection (c) of thissection, for purposes of determining the priority of a perfected securityinterest under G.S. 25‑9‑322(a)(1), perfection of the securityinterest dates from the time an advance is made to the extent that the securityinterest secures an advance that:
(1) Is made while thesecurity interest is perfected only:
a. Under G.S. 25‑9‑309when it attaches; or
b. Temporarily underG.S. 25‑9‑312(e), (f), or (g); and
(2) Is not made pursuantto a commitment entered into before or while the security interest is perfectedby a method other than under G.S. 25‑9‑309 or G.S. 25‑9‑312(e),(f), or (g).
(b) Lien creditor. Except as otherwise provided in subsection (c) of this section, a securityinterest is subordinate to the rights of a person that becomes a lien creditorto the extent that the security interest secures an advance made more than 45days after the person becomes a lien creditor unless the advance is made:
(1) Without knowledge ofthe lien; or
(2) Pursuant to acommitment entered into without knowledge of the lien.
(c) Buyer ofreceivables. Subsections (a) and (b) of this section do not apply to asecurity interest held by a secured party that is a buyer of accounts, chattelpaper, payment intangibles, or promissory notes or a consignor.
(d) Buyer of goods. Except as otherwise provided in subsection (e) of this section, a buyer ofgoods other than a buyer in ordinary course of business takes free of asecurity interest to the extent that it secures advances made after the earlierof:
(1) The time the securedparty acquires knowledge of the buyer's purchase; or
(2) 45 days after thepurchase.
(e) Advances madepursuant to commitment: priority of buyer of goods. Subsection (d) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the buyer's purchase and before the expiration of the45‑day period.
(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, a lessee ofgoods, other than a lessee in ordinary course of business, takes the leaseholdinterest free of a security interest to the extent that it secures advancesmade after the earlier of:
(1) The time the securedparty acquires knowledge of the lease; or
(2) 45 days after thelease contract becomes enforceable.
(g) Advances madepursuant to commitment: priority of lessee of goods. Subsection (f) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the lease and before the expiration of the 45‑dayperiod. (1945, c. 182, s. 4; c. 196, s. 4; 1955, c. 386, s. 2;1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 1979, c. 404, s. 1; 1997‑181,s. 8; 2000‑169, s. 1.)
(a) When priority basedon time of advance. Except as otherwise provided in subsection (c) of thissection, for purposes of determining the priority of a perfected securityinterest under G.S. 25‑9‑322(a)(1), perfection of the securityinterest dates from the time an advance is made to the extent that the securityinterest secures an advance that:
(1) Is made while thesecurity interest is perfected only:
a. Under G.S. 25‑9‑309when it attaches; or
b. Temporarily underG.S. 25‑9‑312(e), (f), or (g); and
(2) Is not made pursuantto a commitment entered into before or while the security interest is perfectedby a method other than under G.S. 25‑9‑309 or G.S. 25‑9‑312(e),(f), or (g).
(b) Lien creditor. Except as otherwise provided in subsection (c) of this section, a securityinterest is subordinate to the rights of a person that becomes a lien creditorto the extent that the security interest secures an advance made more than 45days after the person becomes a lien creditor unless the advance is made:
(1) Without knowledge ofthe lien; or
(2) Pursuant to acommitment entered into without knowledge of the lien.
(c) Buyer ofreceivables. Subsections (a) and (b) of this section do not apply to asecurity interest held by a secured party that is a buyer of accounts, chattelpaper, payment intangibles, or promissory notes or a consignor.
(d) Buyer of goods. Except as otherwise provided in subsection (e) of this section, a buyer ofgoods other than a buyer in ordinary course of business takes free of asecurity interest to the extent that it secures advances made after the earlierof:
(1) The time the securedparty acquires knowledge of the buyer's purchase; or
(2) 45 days after thepurchase.
(e) Advances madepursuant to commitment: priority of buyer of goods. Subsection (d) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the buyer's purchase and before the expiration of the45‑day period.
(f) Lessee of goods. Except as otherwise provided in subsection (g) of this section, a lessee ofgoods, other than a lessee in ordinary course of business, takes the leaseholdinterest free of a security interest to the extent that it secures advancesmade after the earlier of:
(1) The time the securedparty acquires knowledge of the lease; or
(2) 45 days after thelease contract becomes enforceable.
(g) Advances madepursuant to commitment: priority of lessee of goods. Subsection (f) of thissection does not apply if the advance is made pursuant to a commitment enteredinto without knowledge of the lease and before the expiration of the 45‑dayperiod. (1945, c. 182, s. 4; c. 196, s. 4; 1955, c. 386, s. 2;1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 1979, c. 404, s. 1; 1997‑181,s. 8; 2000‑169, s. 1.)
