2005 Idaho Code - 45-1105 — PRIORITY

                                  TITLE  45
                         LIENS, MORTGAGES AND PLEDGES
                                  CHAPTER 11
                          AIRCRAFT IMPROVEMENT LIENS
    45-1105.  PRIORITY. A lien under section 45-1102, Idaho Code, when
recorded in accordance with section 45-1103, Idaho Code, is superior to and
preferred to:
    (1)  A lien, mortgage or encumbrance that attaches to the aircraft, or
related equipment, after recording of the notice of lien under section
45-1103, Idaho Code.
    (2)  A prior lien, mortgage or other encumbrance, when the person
furnishing the materials or performing the services did not have actual or
constructive notice of the prior lien, mortgage or encumbrance, or the prior
lien, mortgage or encumbrance was not recorded or filed in the manner provided
by law.
    (3)  A lien that attaches to the aircraft or equipment on the basis of a
security interest, if, prior to the expenditure of labor, skill or materials
upon the aircraft or equipment, the person planning to make the expenditure
gives notice of that intention by United States mail, certified, return
receipt requested, or equivalent private courier service that provides
evidence of date of delivery of mail, to any holder of a security interest of
record at the FAA prior to commencing such expenditure by sending such notice
to the address of the holder of the security interest listed in the FAA record
of lien, and the holder of the security interest does not respond within three
(3) days of receipt of notice noting its opposition to the making of such an
expenditure of labor, skill or materials.