Ohio § 1309.334

§ 1309.334.

(A) A security interest under this chapter may be created in goods that are fixtures

or may continue in goods that become fixtures.  A security interest does not exist under this chapter in ordinary building materials

incorporated into an improvement on land. (B) This chapter does not prevent creation of an encumbrance upon fixtures pursuant to

real property law. (C) In cases not governed by divisions (D) to (H) of this section, a security interest

in fixtures is subordinate to a conflicting interest of an encumbrancer or owner of

the related real property other than the debtor. (D) Except as otherwise provided in division (H) of this section, a perfected security

interest in fixtures has priority over a conflicting interest of an encumbrancer or

owner of the real property if the debtor has an interest of record in or is in possession

of the real property and: (1) The security interest is a purchase money security interest; (2) The interest of the encumbrancer or owner arises before the goods become fixtures;

 and (3) The security interest is perfected by a fixture filing before the goods become fixtures

or within twenty days thereafter. (E) A perfected security interest in fixtures has priority over a conflicting interest

of an encumbrancer or owner of the real property if: (1) The debtor has an interest of record in the real property or is in possession of

the real property, and the security interest: (a) Is perfected by a fixture filing before the interest of the encumbrancer or owner

is of record;  and (b) Has priority over any conflicting interest of a predecessor in title of the encumbrancer

or owner; (2) Before the goods became fixtures, the security interest is perfected by any method

permitted by this chapter, and the fixtures are readily removable: (a) Factory or office machines; (b) Equipment that is not primarily used or leased for use in the operation of the real

property;  or (c) Replacements of domestic appliances that are consumer goods; (3) The conflicting interest is a lien on the real property obtained by legal or equitable

proceedings after the security interest was perfected by any method permitted by this

chapter;  or (4) The security interest is: (a) Created in a manufactured home in a manufactured home transaction;  and (b) Perfected pursuant to a section listed in division (A)(2) of section 1309.311 of the Revised Code . (F) A security interest in fixtures, whether or not perfected, has priority over the

conflicting interest of an encumbrancer or owner of the real property if: (1) The encumbrancer or owner has, in an authenticated record, consented to the security

interest or disclaimed an interest in the goods as fixtures;  or (2) The debtor has a right to remove the goods as against the encumbrancer or owner. (G) The priority of the security interest under division (F)(2) of this section continues

for a reasonable time if the debtor's right to remove the goods as against the encumbrancer

or owner terminates. (H) A mortgage is a construction mortgage to the extent that it secures an obligation

incurred for the construction of an improvement on land, including the acquisition

cost of the land, if a recorded record of the mortgage so indicates.  Except as otherwise provided in divisions (E) and (F) of this section, a security

interest in fixtures is subordinate to a construction mortgage if a record of the

mortgage is recorded before the goods become fixtures and the goods become fixtures

before the completion of the construction.  A mortgage has this priority to the same extent as a construction mortgage to the

extent that it is given to refinance a construction mortgage. (I) A perfected security interest in crops growing on real property has priority over

a conflicting interest of an encumbrancer or owner of the real property if the debtor

has an interest of record in or is in possession of the real property. (J) Division (I) of this section prevails over any inconsistent statutes not specifically

enumerated under division (D)(2) of section 1309.109 of the Revised Code and applicable by their terms.