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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 29. Secured Transactions
- Section 317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien.
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Section 316. Continued Perfection of Security Interest Following Change in Governing Law.
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Section 318. No Interest Retained in Right to Payment That is Sold; Rights and Title of Seller of Account or Chattel Paper With Respect to Creditors and Purchasers.
AS 45.29.317. Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien.
- (a) A security interest or agricultural lien is subordinate to the rights of a person
- (1) entitled to priority under AS 45.29.322
; and
- (2) except as otherwise provided in (e) of this section, that becomes a lien creditor before the earlier of the time
- (A) the security interest or agricultural lien is perfected; or
- (B) a financing statement covering the collateral is filed.
- (b) Except as otherwise provided in (e) of this section, a buyer, other than a secured party, of tangible chattel paper,
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.
- (c) Except as otherwise provided in (e) of this section, 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.
- (d) A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper,
general intangibles, or investment property other than a certificated security takes free of a security interest if the
licensee or buyer gives value without knowledge of the security interest and before it is perfected.
- (e) Except as otherwise provided in AS 45.29.320
and 45.29.321, 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
that arise between the time the security interest attaches and the time of filing.
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