Sec. 310. (1) Goods are "accessions" when they are installed in or affixed to other goods.
(2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4).
(3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole.
(4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of:
(a) a buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or
(b) a creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract.
(5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may:
(a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and IC 26-1-2.1; or
(b) if necessary to enforce the lessor's or the lessee's other rights and remedies under IC 26-1-2.1;
remove the goods from the whole, free and clear of all interests in the whole, but the lessor or lessee must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.
As added by P.L.189-1991, SEC.3.
Structure Indiana Code
Article 1. Uniform Commercial Code
26-1-2.1-103. Definitions and Index of Definitions
26-1-2.1-104. Leases Subject to Other Statutes
26-1-2.1-105. Territorial Application of Article to Goods Covered by Certificate of Title
26-1-2.1-107. Waiver or Renunciation of Claim or Right After Default
26-1-2.1-108. Unconscionability
26-1-2.1-109. Option to Accelerate at Will
26-1-2.1-201. Statute of Frauds
26-1-2.1-202. Final Written Expression; Parol or Extrinsic Evidence
26-1-2.1-203. Seals Inoperative
26-1-2.1-204. Formation in General
26-1-2.1-206. Offer and Acceptance in Formation of Lease Contract
26-1-2.1-208. Modification, Rescission, and Waiver
26-1-2.1-209. Lessee Under Finance Lease as Beneficiary of Supply Contract
26-1-2.1-210. Express Warranties
26-1-2.1-212. Implied Warranty of Merchantability
26-1-2.1-213. Implied Warranty of Fitness for Particular Purpose
26-1-2.1-214. Exclusion or Modification of Warranties
26-1-2.1-215. Cumulation and Conflict of Warranties Express or Implied
26-1-2.1-216. Third-Party Beneficiaries of Express and Implied Warranties
26-1-2.1-218. Insurance and Proceeds
26-1-2.1-220. Effect of Default on Risk of Loss
26-1-2.1-221. Casualty to Identified Goods
26-1-2.1-301. Enforceability of Lease Contract
26-1-2.1-302. Title to and Possession of Goods
26-1-2.1-304. Subsequent Lease of Goods by Lessor
26-1-2.1-305. Sale or Sublease of Goods by Lessee
26-1-2.1-306. Priority of Certain Liens Arising by Operation of Law
26-1-2.1-307. Priority of Liens Related to Lease Contract
26-1-2.1-308. Special Rights of Creditors
26-1-2.1-309. Lessor's and Lessee's Rights When Goods Become Fixtures
26-1-2.1-310. Lessor's and Lessee's Rights When Goods Become Accessions
26-1-2.1-311. Subordination by Agreement; Persons Entitled to Priority
26-1-2.1-401. Insecurity; Adequate Assurance of Performance
26-1-2.1-402. Anticipatory Repudiation
26-1-2.1-403. Retraction of Anticipatory Repudiation
26-1-2.1-404. Substituted Performance
26-1-2.1-405. Excused Performance
26-1-2.1-406. Procedure on Excused Performance
26-1-2.1-407. Irrevocable Promises; Finance Leases
26-1-2.1-501. Default; Procedure
26-1-2.1-502. Notice After Default
26-1-2.1-503. Modification or Impairment of Rights and Remedies
26-1-2.1-504. Liquidation of Damages
26-1-2.1-506. Statute of Limitations
26-1-2.1-507. Proof of Market Rent; Time and Place
26-1-2.1-508. Lessee's Remedies
26-1-2.1-509. Lessee's Rights on Improper Delivery; Rightful Rejection
26-1-2.1-510. Installment Lease Contracts; Rejection and Default
26-1-2.1-511. Merchant Lessee's Duties as to Rightfully Rejected Goods
26-1-2.1-512. Lessee's Duties as to Rightfully Rejected Goods
26-1-2.1-513. Cure by Lessor of Improper Tender or Delivery; Replacement
26-1-2.1-514. Waiver of Lessee's Objections
26-1-2.1-515. Acceptance of Goods
26-1-2.1-516. Effect of Acceptance of Goods; Notice of Default; Burden of Establishing
26-1-2.1-517. Revocation of Acceptance of Goods
26-1-2.1-518. Cover; Substitute Goods
26-1-2.1-520. Lessee's Incidental and Consequential Damages
26-1-2.1-521. Lessee's Right to Specific Performance or Replevin
26-1-2.1-522. Lessee's Right to Goods on Lessor's Insolvency
26-1-2.1-523. Lessor's Remedies
26-1-2.1-524. Lessor's Right to Identify Goods to Lease Contract
26-1-2.1-525. Lessor's Right to Possession of Goods
26-1-2.1-526. Lessor's Stoppage of Delivery
26-1-2.1-527. Lessor's Rights to Dispose of Goods
26-1-2.1-528. Lessor's Damages for Nonacceptance or Repudiation
26-1-2.1-529. Lessor's Action for the Rent
26-1-2.1-530. Lessor's Incidental Damages
26-1-2.1-531. Standing to Sue Third Parties for Injury to Goods
26-1-2.1-532. Recovery by Lessor for Loss of or Damage to Residual Interest