Indiana Code
Chapter 2.1. Leases
26-1-2.1-310. Lessor's and Lessee's Rights When Goods Become Accessions

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

Indiana Code

Title 26. Commercial Law

Article 1. Uniform Commercial Code

Chapter 2.1. Leases

26-1-2.1-101. Short Title

26-1-2.1-102. Scope

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

26-1-2.1-106. Limitation on Power of Parties to Consumer Lease to Choose Applicable Law and Judicial Forum

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

26-1-2.1-205. Firm Offers

26-1-2.1-206. Offer and Acceptance in Formation of Lease Contract

26-1-2.1-207. Repealed

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

26-1-2.1-211. Warranties Against Interference and Against Infringement; Lessee's Obligation Against Infringement

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

26-1-2.1-217. Identification

26-1-2.1-218. Insurance and Proceeds

26-1-2.1-219. Risk of Loss

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

26-1-2.1-303. "Creation of a Security Interest"; Alienability of Party's Interest Under Lease Contract or of Lessor's Residual Interest in Goods; Delegation of Performance; Assignment of Rights

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

26-1-2.1-505. Cancellation and Termination and Effect of Cancellation, Termination, Rescission, or Fraud on Rights and Remedies

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

26-1-2.1-519. Lessee's Damages for Nondelivery, Repudiation, Default, and Breach of Warranty in Regard to Accepted 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