Interests that take priority over or take free of security interest or agricultural lien

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  • (a) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:

    • (1) a person entitled to priority under § 9–322; and

    • (2) except as otherwise provided in subsection (e), a person that becomes a lien creditor before the earlier of the time:

      • (A) the security interest or agricultural lien is perfected; or

      • (B) one of the conditions specified in § 9–203(b)(3) is met and a financing statement covering the collateral is filed.

  • (b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer, other than a secured party, of tangible chattel paper, documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

  • (c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

  • (d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, general intangibles, or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.

  • (e) Purchase-money security interest. Except as otherwise provided in Sections 9–320 and 9–321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.


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