Sec. 204. (a) Except as otherwise provided in subsection (b), a security agreement may create or provide for a security interest in after-acquired collateral.

     (b) Subject to subsection (d), a security interest does not attach under a term constituting an after-acquired property clause to:

Terms Used In Indiana Code 26-1-9.1-204

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within ten (10) days after the secured party gives value; or

(2) a commercial tort claim.

     (c) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.

     (d) Subsection (b) does not prevent a security interest from attaching:

(1) to consumer goods as proceeds under section 315(a) of this chapter or commingled goods under section 336(c) of this chapter;

(2) to a commercial tort claim as proceeds under section 315(a) of this chapter; or

(3) under an after-acquired property clause to property that is proceeds of consumer goods or a commercial tort claim.

As added by P.L.57-2000, SEC.45. Amended by P.L.199-2023, SEC.46.