NH Rev Stat § 382-A:9-334 (2021)
2021 New Hampshire Revised Statutes|Title XXXIV-A - Uniform Commercial Code|Title 382-A - Uniform Commercial Code|Section 382-A:9-334 - Priority of Security Interests in Fixtures and Crops.

    382-A:9-334 Priority of Security Interests in Fixtures and Crops. –||(a) Security interest in fixtures under this article. 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) Security interest in fixtures under real-property law. This article does not prevent creation of an encumbrance upon fixtures under real property law.||(c) General rule: subordination of security interest in fixtures. In cases not governed by subsections (d) through (h), 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) Fixtures purchase-money priority. Except as otherwise provided in subsection (h), 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 20 days thereafter.||(e) Priority of security interest in fixtures over interests in real property. 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; or||(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.||(f) Priority based on consent, disclaimer, or right to remove. 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 an authenticated 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) Continuation of paragraph (f)(2) priority. The priority of the security interest under paragraph (f)(2) continues for a reasonable time if the debtor's right to remove the goods as against the encumbrancer or owner terminates.||(h) Priority of construction mortgage. 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), 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.||(i) Priority of security interest in crops. 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.|||Source. 2001, 102:25; 260:18, eff. July 1, 2001 at 12:01 a.m.|