Kansas Statutes 58-244. Same; when perfected; priority of lien not perfected; duties of filing offices; fees
(a) To be perfected, the lien must have attached and the supplier entitled to the lien must have filed a lien-notification statement in the form provided for in Kan. Stat. Ann. § 58-242, and amendments thereto, accompanied by the form prescribed by Kan. Stat. Ann. 2005 Supp. 84-9-521(a), and amendments thereto, which must indicate in box 10 of the form that the lien is filed in accordance with this section, with the appropriate filing office under Kan. Stat. Ann. 2005 Supp. 84-9-501 and amendments thereto within 60 days after the last date that agricultural production input was furnished. A lien-notification statement filed pursuant to this section shall include the date which notice was mailed to the lender and a statement signed by the supplier indicating that the lender did not respond to the lien-notification statement.
(b) Subject to the provisions of subsection (d) of Kan. Stat. Ann. § 58-242, and amendments thereto, a lien that is not perfected shall be entitled to the same priority as an unperfected security interest as determined by part 3 of article 9 of the uniform commercial code and amendments thereto.
Terms Used In Kansas Statutes 58-244
- Agricultural production input: means crop production inputs and livestock production inputs. See Kansas Statutes 58-241
- Lender: means a person in the business of lending money identified in the lien-notification statement. See Kansas Statutes 58-241
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lien: means a lien for the unpaid retail cost of agricultural production input. See Kansas Statutes 58-241
- Supplier: means a person who furnishes agricultural production inputs. See Kansas Statutes 58-241
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
(c) The filing officer shall file, index, amend, maintain, remove and destroy the lien-notification statement in the same manner as a financing statement filed under part 5 of article 9 of the uniform commercial code and amendments thereto. The filing officer shall charge the same filing and information retrieval fees and credit the amounts in the same manner as financing statements filed under part 5 of article 9 of the uniform commercial code and amendments thereto.