C.R.S.
Section 4-9-323
Future advances
(a)
Except as otherwise provided in subsection (c) of this section, for purposes of determining the priority of a perfected security interest under section 4-9-322 (a)(1), perfection of the security interest dates from the time an advance is made to the extent that the security interest secures an advance that:(1)
Is made while the security interest is perfected only:(A)
Under section 4-9-309 when it attaches; or(B)
Temporarily under section 4-9-312 (e), (f), or (g); and(2)
Is not made pursuant to a commitment entered into before or while the security interest is perfected by a method other than under section 4-9-309 or 4-9-312 (e), (f), or (g).(b)
Except as otherwise provided in subsection (c) of this section, a security interest is subordinate to the rights of a person that becomes a lien creditor while the security interest is perfected only to the extent that the security interest secures an advance made more than forty-five days after the person becomes a lien creditor unless the advance is made:(1)
Without knowledge of the lien; or(2)
Pursuant to a commitment entered into without knowledge of the lien.(c)
Subsections (a) and (b) of this section 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.(d)
Except as otherwise provided in subsection (e) of this section, a buyer of goods takes free of a security interest to the extent that it secures advances made after the earlier of:(1)
The time the secured party acquires knowledge of the buyer’s purchase; or(2)
Forty-five days after the purchase.(e)
Subsection (d) of this section 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 forty-five-day period.(f)
Except as otherwise provided in subsection (g) of this section, a lessee of goods takes the leasehold interest free of a security interest to the extent that it secures advances made after the earlier of:(1)
The time the secured party acquires knowledge of the lease; or(2)
Forty-five days after the lease contract becomes enforceable.(g)
Subsection (f) of this section 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 forty-five-day period.
Source:
Section 4-9-323 — Future advances, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-04.pdf
(accessed Oct. 20, 2023).