Okla. Stat. tit. 12A, § 12A-1-9-334: Priority of security interests in fixtures and crops

PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS

(a) A security interest under this article may be created in

goods that are fixtures or may continue in goods that become

fixtures. A security interest does not exist under this article in

ordinary building materials incorporated into an improvement on

land.

(b) This article does not prevent creation of an encumbrance

upon fixtures under real property law.

(c) In cases not governed by subsections (d) through (h) of

this section, a security interest in fixtures is subordinate to a

conflicting interest of an encumbrancer or owner of the related real

property other than the debtor.

(d) Except as otherwise provided in subsection (h) of this

section, a perfected security interest in fixtures has priority over

a conflicting interest of an encumbrancer or owner of the real

property if the debtor has an interest of record in or is in

possession of the real property and:

(1) the security interest is a purchase-money security

interest;

(2) the interest of the encumbrancer or owner arises before the

goods become fixtures; and

(3) the security interest is perfected by a fixture filing

before the goods become fixtures or within twenty (20) days

thereafter.

(e) A perfected security interest in fixtures has priority over

a conflicting interest of an encumbrancer or owner of the real

property if:

(1) the debtor has an interest of record in the real property

or is in possession of the real property and the security interest:

(A) is perfected by a fixture filing before the interest

of the encumbrancer or owner is of record; and

(B) has priority over any conflicting interest of a

predecessor in title of the encumbrancer or owner;

(2) before the goods become fixtures, the security interest is

perfected by any method permitted by this article and the fixtures

are readily removable:

(A) factory or office machines;

(B) equipment that is not primarily used or leased for use

in the operation of the real property; or

(C) replacements of domestic appliances that are consumer

goods;

(3) the conflicting interest is a lien on the real property

obtained by legal or equitable proceedings after the security

interest was perfected by any method permitted by this article; or

(4) the security interest is:

(A) created in a manufactured home in a manufactured-home

transaction; and

(B) perfected pursuant to a statute described in paragraph

(2) of subsection (a) of Section 1-9-311 of this

title.

(f) A security interest in fixtures, whether or not perfected,

has priority over a conflicting interest of an encumbrancer or owner

of the real property if:

(1) the encumbrancer or owner has, in a signed record,

consented to the security interest or disclaimed an interest in the

goods as fixtures; or

(2) the debtor has a right to remove the goods as against the

encumbrancer or owner.

(g) The priority of the security interest under paragraph (2)

of subsection (f) of this section continues for a reasonable time if

the debtor's right to remove the goods as against the encumbrancer

or owner terminates.

(h) A mortgage is a construction mortgage to the extent that it

secures an obligation incurred for the construction of an

improvement on land, including the acquisition cost of the land, if

a recorded record of the mortgage so indicates. Except as otherwise

provided in subsections (e) and (f) of this section, a security

interest in fixtures is subordinate to a construction mortgage if a

record of the mortgage is recorded before the goods become fixtures

and the goods become fixtures before the completion of the

construction. A mortgage has this priority to the same extent as a

construction mortgage to the extent that it is given to refinance a

construction mortgage.

is subordinate to a construction mortgage if a

record of the mortgage is recorded before the goods become fixtures

and the goods become fixtures before the completion of the

construction. A mortgage has this priority to the same extent as a

construction mortgage to the extent that it is given to refinance a

construction mortgage.

(i) A perfected security interest in crops growing on real

property has priority over a conflicting interest of an encumbrancer

or owner of the real property if the debtor has an interest of

record in or is in possession of the real property.

(j) Subsection (i) of this section prevails over any

inconsistent provisions of other statutes of this state.