{"data":{"id":"us-nd/n.d.-cent.-code-41-09-43","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 41-09-43","heading":"(9-323) Future advances","body":"1.Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subdivision a of subsection 1 of section 41-09-42, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:\na.Is made while the security interest is perfected only:\n(1)Under section 41-09-29 when it attaches; or\n(2)Temporarily under subsection 5, 6, or 7 of section 41-09-32; and\nb.Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 41-09-29 or subsection 5, 6, or 7 of section 41-09-32.\n2.Except as otherwise provided in subsection 3, 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 forty-five days after the person becomes a lien creditor unless the advance is made:\na.Without knowledge of the lien; or\nb.Pursuant to a commitment entered into without knowledge of the lien.\n3.Subsections 1 and 2 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.\n4.Except as otherwise provided in subsection 5, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:\na.The time the secured party acquires knowledge of the buyer's purchase; or\nb.Forty-five days after the purchase.\n5.Subsection 4 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 forty-five-day period.\n6.Except as otherwise provided in subsection 7, 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:\na.The time the secured party acquires knowledge of the lease; or\nb.Forty-five days after the lease contract becomes enforceable.\n7.Subsection 6 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 forty-five-day period.","path":["Title 41 Uniform Commercial Code","Chapter 41-09 Secured Transactions"],"source_url":"https://ndlegis.gov/cencode/t41c09.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"b4fe68e87b64054772403791b63004822d0e5cc820e1942459379d0bd946bcee","source_id":"us-nd","stale":false,"prev":"us-nd/n.d.-cent.-code-41-09-42","next":"us-nd/n.d.-cent.-code-41-09-44"},"notice":"GroundRules: Original legal text. Not legal advice."}