7-9A-709
Section 7-9A-709 Priority. (a) Law governing priority. This article determines the priority
of conflicting claims to collateral. However, if the relative priorities of the claims were
established before January 1, 2002, former Article 9 determines priority. (b) Priority if
security interest becomes enforceable under Section 7-9A-203. For purposes of Section 7-9A-322(a),
the priority of a security interest that becomes enforceable under Section 7-9A-203 of this
article dates from January 1, 2002 if the security interest is perfected under this article
by the filing of a financing statement before January 1, 2002, which would not have been effective
to perfect the security interest under former Article 9. This subsection does not apply to
conflicting security interests each of which is perfected by the filing of such a financing
statement. (Act 2001-481, p. 647, §1.)...
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7-9A-704
Section 7-9A-704 Security interest unperfected before January 1, 2002. A security interest
that is enforceable immediately before January 1, 2002, but which would be subordinate to
the rights of a person that becomes a lien creditor at that time: (1) remains an enforceable
security interest for one year after January 1, 2002; (2) remains enforceable thereafter if
the security interest becomes enforceable under Section 7-9A-203 on January 1, 2002, or within
one year thereafter; and (3) becomes perfected: (A) without further action, on January 1,
2002, if the applicable requirements for perfection under this article are satisfied before
or at that time; or (B) when the applicable requirements for perfection are satisfied if the
requirements are satisfied after that time. (Act 2001-481, p. 647, §1.)...
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7-9A-703
Section 7-9A-703 Security interest perfected before January 1, 2002. (a) Continuing priority
over lien creditor: Perfection requirements satisfied. A security interest that is enforceable
immediately before January 1, 2002, and would have priority over the rights of a person that
becomes a lien creditor at that time is a perfected security interest under this article if,
on January 1, 2002, the applicable requirements for enforceability and perfection under this
article are satisfied without further action. (b) Continuing priority over lien creditor:
Perfection requirements not satisfied. Except as otherwise provided in Section 7-9A-705, if,
immediately before January 1, 2002, a security interest is enforceable and would have priority
over the rights of a person that becomes a lien creditor at that time, but the applicable
requirements for enforceability or perfection under this article are not satisfied on January
1, 2002, the security interest: (1) is a perfected security interest...
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7-9A-705
Section 7-9A-705 Effectiveness of action taken before January 1, 2002. (a) Pre-effective-date
action; one-year perfection period unless reperfected. If action, other than the filing of
a financing statement, is taken before January 1, 2002, and the action would have resulted
in priority of a security interest over the rights of a person that becomes a lien creditor
had the security interest become enforceable before January 1, 2002, the action is effective
to perfect a security interest that attaches under this article within one year after January
1, 2002. An attached security interest becomes unperfected one year after January 1, 2002,
unless the security interest becomes a perfected security interest under this article before
the expiration of that period. (b) Pre-effective-date filing. The filing of a financing statement
before January 1, 2002, is effective to perfect a security interest to the extent the filing
would satisfy the applicable requirements for perfection under this...
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7-9A-322
Section 7-9A-322 Priorities among conflicting security interests in and agricultural liens
on same collateral. (a) General priority rules. Except as otherwise provided in this section,
priority among conflicting security interests and agricultural liens in the same collateral
is determined according to the following rules: (1) Conflicting perfected security interests
and agricultural liens rank according to priority in time of filing or perfection. Priority
dates from the earlier of the time a filing covering the collateral is first made or the security
interest or agricultural lien is first perfected, if there is no period thereafter when there
is neither filing nor perfection. (2) A perfected security interest or agricultural lien has
priority over a conflicting unperfected security interest or agricultural lien. (3) The first
security interest or agricultural lien to attach or become effective has priority if conflicting
security interests and agricultural liens are unperfected. (b)...
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7-9A-110
Section 7-9A-110 Security interests arising under Article 2 or 2A. A security interest arising
under Section 7-2-401, 7-2-505, 7-2-711(3), or 7-2A-508(5) is subject to this article. However,
until the debtor obtains possession of the goods: (1) the security interest is enforceable,
even if Section 7-9A-203(b)(3) has not been satisfied; (2) filing is not required to perfect
the security interest; (3) the rights of the secured party after default by the debtor are
governed by Article 2 or 2A; and (4) the security interest has priority over a conflicting
security interest created by the debtor. (Act 2001-481, p. 647, §1.)...
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7-9A-203
Section 7-9A-203 Attachment and enforceability of security interest; proceeds; supporting obligations;
formal requisites. (a) Attachment. A security interest attaches to collateral when it becomes
enforceable against the debtor with respect to the collateral, unless an agreement expressly
postpones the time of attachment. (b) Enforceability. Except as otherwise provided in subsections
(c) through (i), a security interest is enforceable against the debtor and third parties with
respect to the collateral only if: (1) value has been given; (2) the debtor has rights in
the collateral or the power to transfer rights in the collateral to a secured party; and (3)
one of the following conditions is met: (A) the debtor has authenticated a security agreement
that provides a description of the collateral and, if the security interest covers timber
to be cut, a description of the land concerned; (B) the collateral is not a certificated security
and is in the possession of the secured party under...
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7-5-118
Section 7-5-118 Security interest of issuer or nominated person. (a) An issuer or nominated
person has a security interest in a document presented under a letter of credit to the extent
that the issuer or nominated person honors or gives value for the presentation. (b) So long
as and to the extent that an issuer or nominated person has not been reimbursed or has not
otherwise recovered the value given with respect to a security interest in a document under
subsection (a), the security interest continues and is subject to Article 9A, but: (1) a security
agreement is not necessary to make the security interest enforceable under Section 7-9A-203(b)(3);
(2) if the document is presented in a medium other than a written or other tangible medium,
the security interest is perfected; and (3) if the document is presented in a written or other
tangible medium and is not a certificated security, chattel paper, a document of title, an
instrument, or a letter of credit, the security interest is...
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35-8A-316
Section 35-8A-316 Lien for assessments. (a) The association has a lien on a unit for any assessment
and any other moneys due the association for special assessments or services or charges, such
as water or repairs, levied against that unit or fines imposed against its unit owner from
the time the assessment or fine becomes due. The association's lien may be foreclosed in like
manner as a mortgage on real estate provided the declaration is in conformity with Article
1A of Chapter 10 of this title and subject to the rights under Article 14A of Chapter 5 of
Title 6. The association shall send reasonable advance notice of its proposed action to the
unit owner and all lienholders of record of the unit. Unless the declaration otherwise provides,
fees, charges, late charges, fines, and interest charged pursuant to Section 35-8A-302(a)(10),
(11), and (12) are enforceable as assessments under this section. If an assessment is payable
in installments, the full amount of the assessment is a lien...
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7-2A-309
Section 7-2A-309 Lessor's and lessee's rights when goods become fixtures. (1) In this section:
(a) goods are "fixtures" when they become so related to particular real estate that
an interest in them arises under real estate law; (b) a "fixture filing" is the
filing, in the office where a record of a mortgage on the real estate would be filed or recorded,
of a financing statement covering goods that are or are to become fixtures and conforming
to the requirements of Section 7-9A-502(a) and (b); (c) a lease is a "purchase money
lease" unless the lessee has possession or use of the goods or the right to possession
or use of the goods before the lease agreement is enforceable; (d) a mortgage is a "construction
mortgage" to the extent it secures an obligation incurred for the construction of an
improvement on land including the acquisition cost of the land, if the recorded writing so
indicates; and (e) "encumbrance" includes real estate mortgages and other liens
on real estate and all other...
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