554.13307  Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

1.  Except as otherwise provided in section 554.13306, a creditor of a lessee takes subject to the lease contract.

2.  Except as otherwise provided in subsections 3 and 4 and in sections 554.13306 and 554.13308, a creditor of a lessor takes subject to the lease contract unless:

a.  the creditor holds a lien that attached to the goods before the lease contract became enforceable;

b.  the creditor holds a security interest in the goods and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or

c.  the creditor holds a security interest in the goods which was perfected (section 554.9303) before the lease contract became enforceable.

3.  A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected (section 554.9303) and the lessee knows of its existence.

4.  A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than forty-five days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the forty-five-day period.

Section History: Recent form

  94 Acts, ch 1052, §41


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