{"data":{"id":"us-nc/n.c.-gen.-stat.-25-9-323","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 25-9-323","heading":"Future advances.","body":"(a)\tWhen Priority Based on Time of Advance. - Except as otherwise provided in subsection (c) of this section, for purposes of determining the priority of a perfected security interest under G.S. 25-9-322(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 meets both of the following conditions:\n(1)\tThe advance is made while the security interest is perfected only under either of the following:\na.\tUnder G.S. 25-9-309 when it attaches.\nb.\tTemporarily under G.S. 25-9-312(e), (f), or (g).\n(2)\tThe advance is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under G.S. 25-9-309 or G.S. 25-9-312(e), (f), or (g).\n(b)\tLien Creditor. - Except as otherwise provided in subsection (c) of this section, 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 45 days after the person becomes a lien creditor unless the advance is made under either of the following circumstances:\n(1)\tWithout knowledge of the lien.\n(2)\tPursuant to a commitment entered into without knowledge of the lien.\n(c)\tBuyer of Receivables. - Subsections (a) and (b) of this section 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.\n(d)\tBuyer of Goods. - Except as otherwise provided in subsection (e) of this section, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of the following:\n(1)\tThe time the secured party acquires knowledge of the buyer's purchase.\n(2)\tForty-five days after the purchase.\n(e)\tAdvances Made Pursuant to Commitment; Priority of Buyer of Goods. - Subsection (d) of this section 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 45-day period.\n(f)\tLessee of Goods. - Except as otherwise provided in subsection (g) of this section, 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 the following:\n(1)\tThe time the secured party acquires knowledge of the lease.\n(2)\tForty-five days after the lease contract becomes enforceable.\n(g)\tAdvances Made Pursuant to Commitment; Priority of Lessee of Goods. - Subsection (f) of this section 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 45-day period. (1945, c. 182, s. 4; c. 196, s. 4; 1955, c. 386, s. 2; 1961, c. 574; 1965, c. 700, s. 1; 1975, c. 862, s. 7; 1979, c. 404, s. 1; 1997-181, s. 8; 2000-169, s. 1; 2025-25, s. 82.)","path":["Chapter 25. Uniform Commercial Code.","Article 9. Secured Transactions.","Part 3. Perfection and Priority."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_25/GS_25-9-323.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T17:58:47Z","sha256":"74a91cf95ec24fb8f322b543fb799e515a2c28c81ad5e7ddd22da39ea3ecfc9e","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-25-9-322","next":"us-nc/n.c.-gen.-stat.-25-9-324"},"notice":"GroundRules: Original legal text. Not legal advice."}