104.9317 - Interests that take priority over or take free of unperfected security interest or agricultural lien. - Nevada Statutes

104.9317  Interests that take priority over or take free of unperfected security interest or agricultural lien.

      1.  A security interest or agricultural lien is subordinate to the rights of:

      (a) A person entitled to priority under NRS 104.9322; and

      (b) A person that becomes a lien creditor before the earlier of the time:

             (1) The security interest or agricultural lien is perfected; or

             (2) One of the conditions specified in paragraph (c) of subsection 2 of NRS 104.9203 is met and a financing statement covering the collateral is filed.

      2.  Except as otherwise provided in subsection 5, a buyer, other than a secured party, of tangible chattel paper, tangible 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.

      3.  Except as otherwise provided in subsection 5, 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.

      4.  A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles or investment property other than a certificated security takes free of a security interest if the licensee gives value without knowledge of the security interest and before it is perfected.

      5.  Except as otherwise provided in NRS 104.9320 and 104.9321, 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.

      (Added to NRS by 1999, 311; A 2001, 722; 2005, 875)