reglab/housing_qa huggingface dataset:
UT Code § 57-26-104 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 104 - Security instrument creates assignment of rents -- Assignment of rents creates security interest.

57-26-104. Security instrument creates assignment of rents -- Assignment of rents creates security interest.    (1) An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise.     (2) An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security, or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-105 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 105 - Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents.

57-26-105. Recordation -- Perfection of security interest in rents -- Priority of conflicting interests in rents.    (1) A document creating an assignment of rents may be submitted for recording in the office of the county recorder for the county in which the property is situated in the same manner as any other document evidencing a conveyance of an interest in real property.     (2) Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this state other than this chapter would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including a subsequent default of the assignor, the assignee's obtaining possession of the real property, or the appointment of a receiver.     (3) Except as otherwise provided in Subsection (4), a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected:   (a) acquires a judicial lien against the rents or the real property from which the rents arise; or     (b) purchases an interest in the rents or the real property from which the rents arise.       (4) A perfected security interest in rents has priority over the rights of a person described in Subsection (3) with respect to future advances to the same extent as the assignee's security interest in the real property has priority over the rights of that person with respect to future advances.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-106 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 106 - Enforcement of security interest in rents.

57-26-106. Enforcement of security interest in rents.    (1) An assignee may enforce an assignment of rents using one or more of the methods specified in Sections 57-26-107, 57-26-108, and 57-26-109 or any other method sufficient to enforce the assignment under law of this state other than this chapter.     (2) From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver under Section 57-26-107, the receiver is entitled to collect all rents that:   (a) have accrued but remain unpaid on that date; and     (b) accrue on or after that date, as those rents accrue.      Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-107 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 107 - Enforcement by appointment of receiver.

57-26-107. Enforcement by appointment of receiver.    (1) An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if:   (a) the assignor is in default and:   (i) the assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor's default;     (ii) it appears likely that the real property may not be sufficient to satisfy the secured obligation;     (iii) the assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or     (iv) a subordinate assignee of rents obtains the appointment of a receiver for the real property; or       (b) other circumstances exist that would justify the appointment of a receiver under law of this state other than this chapter.       (2) An assignee may file a petition for the appointment of a receiver in connection with an action:   (a) to foreclose the security instrument;     (b) for specific performance of the assignment;     (c) seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or     (d) otherwise to enforce the secured obligation or the assignee's remedies arising from the assignment.       (3) An assignee that files a petition under Subsection (2) shall also give a copy of the petition in the manner specified in Section 57-26-103 to any other person that, 10 days before the date the petition is filed, held a recorded assignment of rents arising from the real property.     (4) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment.     (5) From the date of its appointment, a receiver is entitled to collect rents as provided in Subsection 57-26-106(2). The receiver also has the authority provided in the order of appointment and law of this state other than this chapter.     (6) The following rules govern priority among receivers:   (a) If more than one assignee qualifies under this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents under this chapter has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee.     (b) If a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed under a senior assignment of rents.      Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-108 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 108 - Enforcement by notification to assignor.

57-26-108. Enforcement by notification to assignor.    (1) Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under Section 57-26-106. The assignee shall also give a copy of the notification to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property.     (2) If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the assignor receives a notification under Subsection (1).     (3) An assignee's failure to give a notification under Subsection (1) to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted under law of this state other than this chapter.     (4) An assignee that holds a security interest in rents solely by virtue of Subsection 57-26-104(1) may not enforce the security interest under this section while the assignor occupies the real property as the assignor's primary residence.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-111 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 111 - Effect of enforcement.

57-26-111. Effect of enforcement.  The enforcement of an assignment of rents by one or more of the methods identified in Sections 57-26-107, 57-26-108, and 57-26-109, the application of proceeds by the assignee under Section 57-26-112 after enforcement, the payment of expenses under Section 57-26-113, or an action under Subsection 57-26-114(4) does not:  (1) make the assignee a purchaser in possession of the real property;     (2) make the assignee an agent of the assignor;     (3) constitute an election of remedies that precludes a later action to enforce the secured obligation;     (4) make the secured obligation unenforceable;     (5) limit any right available to the assignee with respect to the secured obligation;     (6) limit, waive, or bar any foreclosure or power of sale remedy under the security instrument;     (7) violate Section 78B-6-901; or     (8) bar a deficiency judgment pursuant to any law of this state governing or relating to deficiency judgments following the enforcement of any encumbrance, lien, or security interest.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-112 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 112 - Application of proceeds.

57-26-112. Application of proceeds.  Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under Subsection 57-26-114(4) shall apply the sums collected in the following order to:  (1) the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by law of this state other than this chapter, reasonable attorney fees and costs incurred by the assignee;     (2) reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;     (3) payment of the secured obligation;     (4) payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and     (5) the assignor.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-113 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 113 - Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant.

57-26-113. Application of proceeds to expenses of protecting real property -- Claims and defenses of tenant.    (1) Unless otherwise agreed by the assignee, and subject to Subsection (3), an assignee that collects rents following enforcement under Section 57-26-108 or 57-26-109 need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment.     (2) Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor's nonperformance of that agreement.     (3) This chapter does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the ground that the assignee's nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant's interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by law of this state other than this chapter.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-114 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 114 - Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor.

57-26-114. Turnover of rents -- Commingling and identifiability of rents -- Liability of assignor.    (1) In this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.     (2) If an assignor collects rents that the assignee is entitled to collect under this chapter:   (a) the assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and     (b) the assignee continues to have a security interest in the proceeds so long as they are identifiable.       (3) For purposes of this chapter, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including application of equitable principles, that is permitted under law of this state other than this chapter with respect to commingled funds.     (4) In addition to any other remedy available to the assignee under law of this state other than this chapter, if an assignor fails to turn over proceeds to the assignee as required by Subsection (2), the assignee may recover from the assignor in a civil action:   (a) the proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over under Subsection (2); and     (b) reasonable attorney fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by law of this state other than this chapter.       (5) The assignee may maintain an action under Subsection (4) without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action must be applied in the manner specified in Section 57-26-112.     (6) Unless otherwise agreed, if an assignee entitled to priority under Subsection 57-26-105(3) enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest under Section 57-26-108 or 57-26-109, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-115 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 115 - Perfection and priority of assignee's security interest in proceeds.

57-26-115. Perfection and priority of assignee's security interest in proceeds.    (1) In this section:   (a) "Article 9" means Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions, or, to the extent applicable to any particular issue, Article 9 as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions.     (b) "Conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is:   (i) a security interest arising under Article 9; or     (ii) any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds.         (2) An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9.     (3) Except as otherwise provided in Subsection (4), priority between an assignee's security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9.     (4) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control under Article 9 but has priority over a conflicting interest that is perfected other than by control.     (5) An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest arising under a right of recoupment or setoff.    Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-116 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 116 - Priority subject to subordination.

57-26-116. Priority subject to subordination.  This chapter does not preclude subordination by agreement as to rents or proceeds.  Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-117 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 117 - Uniformity of application and construction.

57-26-117. Uniformity of application and construction.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-118 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 118 - Relation to Electronic Signatures in Global and National Commerce Act.

57-26-118. Relation to Electronic Signatures in Global and National Commerce Act.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).  Enacted by Chapter 139, 2009 General Session
UT Code § 57-26-119 (2021)
2021 Utah Code|Title 57 - Real Estate|Chapter 26 - Utah Uniform Assignment of Rents Act|Section 119 - Application to existing relationships.

57-26-119. Application to existing relationships.    (1) Except as otherwise provided in this section, this chapter governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before May 12, 2009.     (2) This chapter does not affect an action or proceeding commenced before May 12, 2009.     (3) Subsection 57-26-104(1) of this chapter does not apply to any security instrument signed and delivered before May 12, 2009.     (4) This chapter does not affect:   (a) the enforceability of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was enforceable;     (b) the perfection of an assignee's security interest in rents or proceeds if, immediately before May 12, 2009, that security interest was perfected; or     (c) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before May 12, 2009, the interest of the other person was enforceable and perfected, and that priority was established.      Enacted by Chapter 139, 2009 General Session
UT Code § 58-4a-101 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 4a - Utah Professionals Health Program|Section 101 - Title.

 Effective 5/12/2020  58-4a-101. Title.  This chapter is known as the "Utah Professionals Health Program." Enacted by Chapter 107, 2020 General Session
UT Code § 58-4a-102 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 4a - Utah Professionals Health Program|Section 102 - Definitions.

 Effective 5/12/2020  58-4a-102. Definitions.  As used in this chapter:  (1) "Diversion agreement" means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020.     (2) "Licensee" means an individual licensed to practice under:   (a)Title 58, Chapter 5a, Podiatric Physician Licensing Act;     (b)Title 58, Chapter 17b, Pharmacy Practice Act;     (c)Title 58, Chapter 28, Veterinary Practice Act;     (d)Title 58, Chapter 31b, Nurse Practice Act;     (e)Title 58, Chapter 67, Utah Medical Practice Act;     (f)Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;     (g)Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or     (h)Title 58, Chapter 70a, Utah Physician Assistant Act.       (3) "Program" means the Utah Professionals Health Program.     (4) "Program contract" means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program.     (5) "Substance use disorder" means the same as that term is defined in Section 62A-15-1202.    Enacted by Chapter 107, 2020 General Session
UT Code § 58-4a-103 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 4a - Utah Professionals Health Program|Section 103 - Program established.

 Effective 5/12/2020  58-4a-103. Program established.    (1) The division, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall establish the Utah Professionals Health Program to provide an alternative to public disciplinary action for licensees who have substance use disorders.     (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules governing the criteria for:   (a) entry into and participation of licensees in the program;     (b) successful completion of the program;     (c) expulsion from the program; and     (d) disqualifying a licensee from participation in the program.       (3) The division shall promote the program by:   (a) engaging in wellness education and outreach to licensees, students, and the community in order to make them aware of the existence and purpose of the program;     (b) partnering with health care organizations, universities, trade associations, and other stakeholder groups to promote professional awareness and wellness; and     (c) providing guidance to employers, colleagues, and family members on initiating conversations with licensees about substance use.      Enacted by Chapter 107, 2020 General Session
UT Code § 58-4a-104 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 4a - Utah Professionals Health Program|Section 104 - Committees.

 Effective 5/12/2020  58-4a-104. Committees.    (1) In accordance with Section 58-1-203, the division shall establish an executive advisory committee consisting of nine members as follows:   (a) the executive director of the Department of Commerce, or the designee of the executive director of the Department of Commerce, who shall serve as chair;     (b) the director of the Division of Substance Abuse and Mental Health or the director's designee; and     (c) the following members appointed by the director of the division:   (i) one member of the public; and     (ii) six licensees.         (2) The executive advisory committee shall:   (a) advise the division and make recommendations to the division on policy;     (b) serve without compensation, travel costs, or per diem for their services; and     (c) perform other duties as directed by the division.       (3) Members of the executive advisory committee are immune from civil liability for any actions or judgments made in the execution of duties performed in service of the executive committee.     (4) In accordance with Section 58-1-203, the director shall establish and appoint members of a clinical advisory committee consisting of community members who have expert knowledge in the diagnosis and treatment of substance use disorders.     (5) The clinical advisory committee shall:   (a) advise the division and make recommendations to the division on actions regarding specific program contracts;     (b) perform duties as assigned by the division; and     (c) serve without compensation, travel costs, or per diem for their services.       (6) The committees described in Subsections (1) and (4) and the division may seek input from other licensing boards.    Enacted by Chapter 107, 2020 General Session