Production-money crops; production-money obligation; production-money security interest; burden of establishing
Wis. Stat. § 409.1035
in effect(1) A security interest in crops is a production-money security interest to the extent that the crops are production-money crops.
(2) 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 in the following order until fully applied:
(a) First, to all production-money obligations secured by production-money crops, in the order in which those obligations were incurred;
(b) Second, to all obligations secured by conflicting security interests in the production-money crops referred to in par. (a), in the order in which those obligations were incurred; and
(c) Third, to all unsecured obligations of the debtor making the payment, in the order in which those obligations were incurred.
(3) A production-money security interest does not lose its status as such, even if:
(a) The production-money crops also secure an obligation that is not a production-money obligation;
(b) Collateral that is not production-money crops also secures the production-money obligation; or
(c) The production-money obligation has been renewed, refinanced, or restructured.
(4) 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.
(5) This section does not affect any right to proceeds under s. 409.315.
(6) A person may not claim a purchase-money security interest in crops grown, growing, or to be grown.
Source: WI Statutes (Official Site)URL: https://docs.legis.wisconsin.gov/document/statutes/409.1035Fetched: 10/7/2026