MARVIN MANDEL, Governor
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(3) A security interest which attaches to goods
after they become fixtures is valid against all persons
subsequently acquiring interests in the real estate
except as stated in subsection (4) but is invalid against
any person with an interest in the real estate at the
time the security interest attaches to the goods who has
not in writing consented to the security interest or
disclaimed an interest in the goods as fixtures.
(4) The security interests described in subsections
(2) and (3) do not take priority over
(a) A subsequent purchaser for value of any
interest in the real estate; or
(b) A creditor with a lien on the real estate
subsequently obtained by judicial proceedings; or
(c) A creditor with a prior encumbrance of
record on the real estate to the extent that he makes
subsequent advances if the subsequent purchase is made,
the lien by judicial proceedings is obtained, or the
subsequent advance under the prior encumbrance is made or
contracted for without knowledge of the security interest
and before it is perfected. A purchaser of the real
estate at a foreclosure sale other than an encumbrancer
purchasing at his own foreclosure sale is a subsequent
purchaser within this section.
(5) When under subsections (2) or (3) and (4) a
secured party has priority over the claims of all persons
who have interests in the real estate, he may, on
default, subject to the provisions of [part] SUBTITLE 5,
remove his collateral from the real estate but he must
reimburse any encumbrancer or owner of the real estate
who is not the debtor and who has not otherwise agreed
for the cost of repair of any physical injury, but not
for any diminution in value of the real estate 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 secured party gives
adequate security for the performance of this obligation.
9—314. Accessions.
(1) A security interest in goods which attaches
before they are installed in or affixed to other goods
takes priority as to the goods installed or affixed
(called in this section "accessions") over the claims of
all persons to the whole except as stated in subsection
(3) and subject to § 9—315 (1).
(2) A security interest which attaches to goods
after they become part of a whole is valid against all
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