§ 57a-9-323

57A-9-323. Future advances.(a) Except as otherwise provided in subsection (c), for purposes of determining the priority of a perfected security interest under §57A-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:(1)Is made while the security interest is perfected only:(A)Under §57A-9-309 when it attaches; or(B)Temporarily under §57A-9-312(e), (f), or (g); and(2)Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under §57A-9-309 or 57A-9-312(e), (f), or (g).(b) Except as otherwise provided in subsection (c), 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 forty-five days after the person becomes a lien creditor unless the advance is made:(1)Without knowledge of the lien; or(2)Pursuant to a commitment entered into without knowledge of the lien.(c) Subsections (a) and (b) do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles,

ent entered into without knowledge of the lien.(c) Subsections (a) and (b) 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) Except as otherwise provided in subsection (e), a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:(1)The time the secured party acquires knowledge of the buyer's purchase; or(2)Forty-five days after the purchase.(e) Subsection (d) 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 forty-five-day period.(f) Except as otherwise provided in subsection (g), 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:(1)The time the secured party acquires knowledge of the lease; or(2)Forty-five days after the lease contract becomes enforceable.(g) Subsection (f) 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

r the lease contract becomes enforceable.(g) Subsection (f) 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 forty-five-day period. Source: SL 2000, ch 231; SL 2024, ch 198, §67.