North Dakota Code § 41-09-53

(9-333) Priority of certain liens arising by operation of law
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1. In this section, "possessory lien" means an interest, other than a security interest or an 
agricultural lien:
a. Which secures payment or performance of an obligation for services or materials 
furnished with respect to goods by a person in the ordinary course of the person's 
business;
b. Which is created by statute or rule of law in favor of the person; and
c. Whose effectiveness depends on the person's possession of the goods.
2. A possessory lien on goods has priority over a security interest in the goods unless the 
lien is created by a statute that expressly provides otherwise.

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