§ 25-9-323. Future advances.

503 words·~2 min read·/nc/chapter-25/25-9-323

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(a)When Priority Based on Time of Advance. - Except as otherwise provided in subsection

(c)of this section, for purposes of determining the priority of a perfected security interest under G.S. 25-9-322(a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that meets both of the following conditions:

(1)The advance is made while the security interest is perfected only under either of the following:

a. Under G.S. 25-9-309 when it attaches.

b. Temporarily under G.S. 25-9-312(e), (f), or (g).

(2)The advance is not made pursuant to a commitment entered into before or while the security interest is perfected by 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 security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after the person becomes a lien creditor unless the advance is made under either of the following circumstances:

(1)Without knowledge of the lien.

(2)Pursuant to a commitment entered into without knowledge of the lien.

(c)Buyer of Receivables. - Subsections

(a)and

(b)of this section do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

(d)Buyer of Goods. - Except as otherwise provided in subsection

(e)of this section, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of the following:

(1)The time the secured party acquires knowledge of the buyer's purchase.

(2)Forty-five days after the purchase.

(e)Advances Made Pursuant to Commitment; Priority of Buyer of Goods. - Subsection

(d)of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer's purchase and before the expiration of the 45-day period.

(f)Lessee of Goods. - Except as otherwise provided in subsection

(g)of this section, a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of the following:

(1)The time the secured party acquires knowledge of the lease.

(2)Forty-five days after the lease contract becomes enforceable.

(g)Advances Made Pursuant to Commitment; Priority of Lessee of Goods. - Subsection

(f)of this section does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period. (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; 2025-25, s. 82.)