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State Statutes - Idaho - Title 28 - Chapter 12 - 28-12-310
Idaho Statutes
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28-12-310 - LESSOR'S AND LESSEE'S RIGHTS WHEN GOODS BECOME ACCESSIONS
(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) of this section.
(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) of this section 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) of this section 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 the provisions of subsections (2) or (3) and (4) of this
section, 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 (i) on default,
expiration, termination, or cancellation of the lease contract by the other
party but subject to the provisions of the lease contract and this chapter, or
(ii) if necessary to enforce his other rights and remedies under this chapter,
remove the goods from the whole, free and clear of all interests in the whole,
but he 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.
 
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