2016 North Dakota Century Code Title 35 Liens Chapter 35-30 Agricultural Processor's Lien
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CHAPTER 35-30
AGRICULTURAL PROCESSOR'S LIEN
35-30-01. Agricultural processor's lien authorized.
Any person who processes any crop or agricultural product is entitled to a lien upon the
crop or product processed for the reasonable value of the services performed. A lien taken
pursuant to this section upon anything other than the crop or product processed is void. As used
in this chapter, the term "processor" includes persons threshing, combining, drying, or
harvesting any crop or agricultural product. Except as otherwise provided in this section, the
agricultural processor's lien is effective from the date the processing is completed. An
agricultural processor's lien filed as a security interest created by contract to secure money
advanced or loaned for any purpose is not effective to secure a priority over liens filed under
section 35-05-01. This chapter does not limit the sale, assignment, or transfer of an agricultural
processor's lien. However, the priority of an effective agricultural processor's lien is not
transferable. After sale, assignment, or transfer, the priority of an effective agricultural
processor's lien is to be determined as of the date the lien was filed and in accordance with
section 41-09-33.
35-30-02. Procedure to obtain lien.
1. To obtain an agricultural processor's lien, the person entitled to the lien, within ninety
days after the processing is completed, shall file electronically a statement in the
central indexing system. The statement must contain the following information:
a. The name and address of the person for whom the processing was done.
b. The name and address of the processor.
c. A description of the crops or agricultural products and their amount, if known,
subject to the lien together with a reasonable description, including the county as
to the location where the crops or agricultural products were grown and the year
the crop is to be harvested or was harvested.
d. The price agreed upon for processing, or if no price was agreed upon, the
reasonable value of the processing.
e. The social security number or, in the case of a debtor doing business other than
as an individual, the internal revenue service taxpayer identification number of the
person for whom the processing was done.
f. A description of the processing services and the first date the services were
furnished.
2. The secretary of state shall provide an electronic means to obtain a lien under this
section or gain protection under the central notice system, or both. Before a
processor's lien is filed, a billing statement for the services performed must include
notice to the agricultural producer that if the amount due to the agricultural processor
is not satisfied a lien may be filed.
35-30-03. Priority.
An agricultural processor's lien obtained under this chapter has priority, as to the crops or
agricultural products covered thereby, over all other liens or encumbrances.
35-30-04. Secretary of state to remove and destroy certain documents.
The secretary of state shall remove and destroy liens filed in the secretary of state's office
pursuant to this chapter in the manner provided for in section 11-18-14 for the recorder.
35-30-05. Amendment of lien.
A lienholder may file electronically an amendment to correct the social security or internal
revenue service taxpayer identification number of the debtor, to correct the spelling of the
debtor's or lienholder's name, or to correct or change the address of the debtor or lienholder.
The secretary of state shall provide an electronic means to amend or assign the agricultural
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processor's lien that has been filed pursuant to section 35-30-02. The amendment or
assignment of a lien does not affect the priority of the lien.
35-30-06. Fees - Penalty.
The fee for filing electronically an agricultural processor's lien and related documents in the
central indexing system is the same as that provided for in section 41-09-96. If a lienholder fails
to file a termination statement within sixty days after the lien has been satisfied, the lienholder is
liable to the debtor for one hundred dollars.
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