Page:United States Statutes at Large Volume 77.djvu/786

 754

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

close. A successor in interest is not subject to this section until a request is received by liini. (8) A debtor is entitled to such a statement once every six months without charge. The secured party may require payment of a charge not exceeding $10 for each additional statement furnished. PART 3 ~ R I G H T S OF THIRD P A R T I E S; PERFECTED AND UNPERFECTED SECURITY I N T E R E S T S; RULES OF PRIORITY §28:9—301. Persons who take priority over unperfected security interests; "lien creditor" (1) Except as otherwise provided in subsection (2), an unperfected security interest is subordinate to the rights of (a) persons entitled to priority under section 28:9—312; (b) a person who becomes a lien creditor without knowledge of the security interest and before it is perfected; (c) in the case of goods, instruments, documents, and chattel paper, a person who is not a secured party and who is a transferee ni bulk or other buyer not in ordinary course of business to the extent that he gives value and receives delivery of the collateral without knowledge of the security interest and before it is perfected; (d) in the case of accounts, contract rights, and general intangibles, a person who is not a secured party and who is a transferee to the extent that he gives value without knowledge of the security interest and before it is perfected. (2) If the secured party files with respect to a purchase money security interest before or within ten days after the collateral comes into possession of the debtor, he takes priority over the rights of a transferee in bulk or of a lien creditor which arise between the time the security interest attaches and the time of filing. (3) A "lien creditor" means a creditor who has acquired a lien on the property involved by attachment, levy or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of the filing of the petition or a receiver in equity from the time of appointment. Unless all the creditors represented had knowledge of the security interest such a representative of creditors is a lien creditor without knowledge even though he personally has knowledge of the security interest. §28:9—302. When filing is required to perfect security interest; security interests to which filing provisions of this article do not apply (1) A financing statement must be filed to perfect all security interests except the following: (a) a security interest in collateral in possession of the secured party under section 28:9—805; (b) a security interest temporarily perfected in instruments or documents without delivery under section 28:9—804 or in proceeds for a 10 day period under section 28:9—806; (c) a purchase money security interest in farm equipment having a purchase price not in excess of $2,500; but filing is required for a fixture under section 28:9—818 or for a motor vehicle required to be licensed; (d) a purchase money security interest in consumer goods; but filing is required for a fixture under section 28:9—313 or for a motor vehicle required to be licensed;

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