West Virginia § 46-9-103a "Production-money crops"; "production-money obligation"; production-money security interest; burden of establishing

West Virginia Statutes

§ 46-9-103a — "Production-money crops"; "production-money obligation"; production-money security interest; burden of establishing

West Virginia § 46-9-103a

Ch. 46UNIFORM COMMERCIAL CODE

Art. 9SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

This text of West Virginia § 46-9-103a ("Production-money crops"; "production-money obligation"; production-money security interest; burden of establishing) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 46-9-103a (2026).

Text

(a)A security interest in crops is a production-money security interest to the extent that the crops are production-money crops.

(b)If the extent to which a security interest is a production-money security interest depends on the application of a payment to a particular obligation, the payment must be applied:

(1)In accordance with any reasonable method of application to which the parties agree;

(2)In the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or

(3)In the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order:

(A)To obligations that are not secured; and

(B)If more than one obligation is secured, t

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(a) A security interest in crops is a production-money security interest to the extent that the crops are production-money crops.

(b) If the extent to which a security interest is a production-money security interest depends on the application of a payment to a particular obligation, the payment must be applied:

(1) In accordance with any reasonable method of application to which the parties agree;

(2) In the absence of the parties' agreement to a reasonable method, in accordance with any intention of the obligor manifested at or before the time of payment; or

(3) In the absence of an agreement to a reasonable method and a timely manifestation of the obligor's intention, in the following order:

(A) To obligations that are not secured; and

(B) If more than one obligation is secured, to obligations secured by production-money security interests in the order in which those obligations were incurred.

(c) A production-money security interest does not lose its status as such, even if:

(1) The production-money crops also secure an obligation that is not a production-money obligation;

(2) Collateral that is not production-money crops also secures the production-money obligation; or

(3) The production-money obligation has been renewed, refinanced, or restructured.

(d) A secured party claiming a production-money security interest has the burden of establishing the extent to which the security interest is a production-money security interest.