400.2A-310. Lessor's and lessee's rights when goods become accessions. - Missouri Statutes

Lessor's and lessee's rights when goods become accessions.

400.2A-310. (1) Goods are "accessions" when they areinstalled in or affixed to other goods.

(2) The interest of a lessor or a lessee under a leasecontract entered into before the goods became accessions issuperior to all interests in the whole except as stated insubsection (4).

(3) The interest of a lessor or a lessee under a leasecontract entered into at the time or after the goods becameaccessions is superior to all subsequently acquired interests inthe whole except as stated in subsection (4) but is subordinateto interests in the whole existing at the time the lease contractwas made unless the holders of such interests in the whole havein writing consented to the lease or disclaimed an interest inthe goods as part of the whole.

(4) The interest of a lessor or a lessee under a leasecontract described in subsection (2) or (3) is subordinate to theinterest of

(a) a buyer in the ordinary course of business or a lesseein the ordinary course of business of any interest in the wholeacquired after the goods became accessions; or

(b) a creditor with a security interest in the wholeperfected before the lease contract was made to the extent thatthe creditor makes subsequent advances without knowledge of thelease contract.

(5) When under subsections (2) or (3) and (4) a lessor or alessee of accessions holds an interest that is superior to allinterests in the whole, the lessor or the lessee may (a) ondefault, expiration, termination, or cancellation of a leasecontract by the other party but subject to the provisions of thelease contract and this Article, or (b) if necessary to enforcehis other rights and remedies under this Article, remove thegoods from the whole, free and clear of all interests in thewhole, but he must reimburse any holder of an interest in thewhole who is not the lessee and who has not otherwise agreed forthe cost of repair of any physical injury but not for anydiminution in value of the whole caused by the absence of thegoods removed or by any necessity for replacing them. A personentitled to reimbursement may refuse permission to remove untilthe party seeking removal gives adequate security for theperformance of this obligation.

(L. 1992 S.B. 448)