NRS104.9323. Future advances.

      1.  Except as otherwise provided in subsection 3, for purposes of determining the priority of a perfected security interest under subsection 1 of NRS 104.9322, perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:

      (a) Is made while the security interest is perfected only:

             (1) Under NRS 104.9309 when it attaches; or

             (2) Temporarily under subsection 5, 6 or 7 of NRS 104.9312; and

      (b) Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under NRS 104.9309 or subsection 5, 6 or 7 of NRS 104.9312.

      2.  Except as otherwise provided in subsection 3, a security interest is subordinate to the rights of a person that becomes a lien creditor to the extent that the security interest secures an advance made more than 45 days after he or she becomes a lien creditor unless the advance is made:

      (a) Without knowledge of the lien; or

      (b) Pursuant to a commitment entered into without knowledge of the lien.

      3.  Subsections 1 and 2 do not apply to a security interest held by a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor.

      4.  Except as otherwise provided in subsection 5, a buyer of goods other than a buyer in the ordinary course of business takes free of a security interest to the extent that it secures advances made after the earlier of:

      (a) The time the secured party acquires knowledge of the buyer’s purchase; or

      (b) Forty-five days after the purchase.

      5.  Subsection 4 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the buyer’s purchase and before the expiration of the 45-day period.

      6.  Except as otherwise provided in subsection 7, a lessee of goods, other than a lessee in ordinary course of business, takes the leasehold free of a security interest to the extent that it secures advances made after the earlier of:

      (a) The time the secured party acquires knowledge of the lease; or

      (b) Forty-five days after the lease contract becomes enforceable.

      7.  Subsection 6 does not apply if the advance is made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period.

      (Added to NRS by 1999, 314; A 2001, 722)