House Journal: Page 1798: Wednesday, April 28, 1999

38   arrives at the contract livestock facility.  If the

39   lien arises out of producing a crop, the contract
40   producer must file the lien within forty-five days
41   after the day that the crop is first planted.  The
42   secretary of state shall charge a fee of not more than
43   ten dollars for filing the statement.  The secretary
44   of state may adopt rules pursuant to chapter 17A for
45   the electronic filing of the statements.
46     2.  The statement must include all of the
47   following:
48     a.  An estimate of the amount owed pursuant to the
49   production contract.
50     b.  The date when the livestock arrives at the
Page 9
 1   contract livestock facility or the date when the crop
 2   was planted.
 3     c.  The estimated duration of the period when the
 4   commodity will be under the authority of the contract
 5   producer.
 6     d.  The name of the party to the production
 7   contract whose commodity is produced pursuant to the
 8   production contract.
 9     e.  The description of the location of the contract
10   operation, by county and township.
11     f.  The printed name and signature of the person
12   filing the form.
13     3.  Except as provided in chapter 581, a lien
14   created under this section until preserved and a lien
15   preserved under this section is superior to and shall
16   have priority over a conflicting lien or security
17   interest in the commodity, including a lien or
18   security interest that was perfected prior to the
19   creation of the lien under this chapter.
20     Sec. 17. NEW SECTION.  579B.5  ENFORCEMENT.
21     Before a commodity leaves the authority of the
22   contract producer as provided in section 579B.3, the
23   contract producer may foreclose a lien created in that
24   section in the manner provided for the foreclosure of
25   secured transactions as provided in sections 554.9504,
26   554.9506, and 554.9507.  After the commodity is no
27   longer under the authority of the contract producer,
28   the contract producer may enforce the lien in the
29   manner provided in chapter 554, article 9, part 5.
30     Sec. 18. NEW SECTION.  579B.6  WAIVERS
31   UNENFORCEABLE.
32     A waiver of a right created by this chapter,
33   including but not limited to a waiver of the right to
34   file a lien pursuant to this chapter, is void and
35   unenforceable.  This section does not affect other
36   provisions of a contract, including a production

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