Terms Used In Utah Code > Title 78B > Chapter 21 - Uniform Commercial Real Estate Receivership Act

• Affiliate: means :
       (1)(a) with respect to an individual:

            (1)(a)(i) a companion of the individual;

            (1)(a)(ii) a lineal ancestor or descendant, whether by blood or adoption, of:

                 (1)(a)(ii)(A) the individual; or

                 (1)(a)(ii)(B) a companion of the individual;

            (1)(a)(iii) a companion of an ancestor or descendant described in Subsection (1)(a)(ii);

            (1)(a)(iv) a sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of a sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual; or

            (1)(a)(v) any other individual occupying the residence of the individual; and
       (1)(b) with respect to a person other than an individual:

            (1)(b)(i) another person that directly or indirectly controls, is controlled by, or is under common control with the person;

            (1)(b)(ii) an officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or

            (1)(b)(iii) a companion of, or an individual occupying the residence of, an individual described in Subsection (1)(b)(i) or (ii). See Utah Code 78B-21-102
• Alley: means a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for through vehicular traffic. See Utah Code 41-6a-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Authorized emergency vehicle: includes :
       (3)(a) a fire department vehicle;
       (3)(b) a police vehicle;
       (3)(c) an ambulance; and
       (3)(d) other publicly or privately owned vehicles as designated by the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
• Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
• Companion: means :
       (2)(a) the spouse of an individual;
       (2)(b) the domestic partner of an individual; or
       (2)(c) another individual in a civil union with an individual. See Utah Code 78B-21-102
• Contract: A legal written agreement that becomes binding when signed.
• Controlled-access highway: means a highway, street, or roadway:
       (12)(a) designed primarily for through traffic; and
       (12)(b) to or from which owners or occupants of abutting lands and other persons have no legal right of access, except at points as determined by the highway authority having jurisdiction over the highway, street, or roadway. See Utah Code 41-6a-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means a court of this state with jurisdiction over the action under Title 78A, Judiciary and Judicial Administration. See Utah Code 78B-21-102
• Crosswalk: means :
       (13)(a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from:

            (13)(a)(i)

                 (13)(a)(i)(A) the curbs; or

                 (13)(a)(i)(B) in the absence of curbs, from the edges of the traversable roadway; and

            (13)(a)(ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline; or
       (13)(b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. See Utah Code 41-6a-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Divided highway: means a highway divided into two or more roadways by:
       (16)(a) an unpaved intervening space;
       (16)(b) a physical barrier; or
       (16)(c) a clearly indicated dividing section constructed to impede vehicular traffic. See Utah Code 41-6a-102
• Echelon formation: means the operation of two or more snowplows arranged side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow from two or more lanes at once. See Utah Code 41-6a-102
• Electric personal assistive mobility device: means a self-balancing device with:
            (19)(a)(i) two nontandem wheels in contact with the ground;
            (19)(a)(ii) a system capable of steering and stopping the unit under typical operating conditions;
            (19)(a)(iii) an electric propulsion system with average power of one horsepower or 750 watts;
            (19)(a)(iv) a maximum speed capacity on a paved, level surface of 12. See Utah Code 41-6a-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executory contract: means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach. See Utah Code 78B-21-102
• Farm tractor: means a motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. See Utah Code 41-6a-102
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Freeway: means a controlled-access highway that is part of the interstate system as defined in Section 72-1-102. See Utah Code 41-6a-102
• Golf cart: means a device that:
            (24)(a)(i) is designed for transportation by players on a golf course;
            (24)(a)(ii) has not less than three wheels in contact with the ground;
            (24)(a)(iii) has an unladen weight of less than 1,800 pounds;
            (24)(a)(iv) is designed to operate at low speeds; and
            (24)(a)(v) is designed to carry not more than six persons including the driver. See Utah Code 41-6a-102
• Gore area: means the area delineated by two solid white lines that is between a continuing lane of a through roadway and a lane used to enter or exit the continuing lane including similar areas between merging or splitting highways. See Utah Code 41-6a-102
• Governmental unit: means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state. See Utah Code 78B-21-102
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway authority: means the same as that term is defined in Section 72-1-102. See Utah Code 41-6a-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or more highways that join one another. See Utah Code 41-6a-102
• Island: means an area between traffic lanes or at an intersection for control of vehicle movements or for pedestrian refuge designated by:
       (31)(a) pavement markings, which may include an area designated by two solid yellow lines surrounding the perimeter of the area;
       (31)(b) channelizing devices;
       (31)(c) curbs;
       (31)(d) pavement edges; or
       (31)(e) other devices. See Utah Code 41-6a-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lane filtering: means , when operating a motorcycle other than an autocycle, the act of overtaking and passing another vehicle that is stopped in the same direction of travel in the same lane. See Utah Code 41-6a-102
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means an interest in property that secures payment or performance of an obligation. See Utah Code 78B-21-102
• Limited access highway: means a highway:
       (34)(a) that is designated specifically for through traffic; and
       (34)(b) over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement, or have only a limited right or easement of access, light, air, or view. See Utah Code 41-6a-102
• Moped: means a motor-driven cycle having:
            (41)(a)(i) pedals to permit propulsion by human power; and
            (41)(a)(ii) a motor that:

                 (41)(a)(ii)(A) produces not more than two brake horsepower; and

                 (41)(a)(ii)(B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on level ground. See Utah Code 41-6a-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property. See Utah Code 78B-21-102
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Utah Code 78B-21-102
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mortgagor: means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage. See Utah Code 78B-21-102
• Motor assisted scooter: means a self-propelled device with:
            (42)(a)(i) at least two wheels in contact with the ground;
            (42)(a)(ii) a braking system capable of stopping the unit under typical operating conditions;
            (42)(a)(iii) an electric motor not exceeding 2,000 watts;
            (42)(a)(iv) either:

                 (42)(a)(iv)(A) handlebars and a deck design for a person to stand while operating the device; or

                 (42)(a)(iv)(B) handlebars and a seat designed for a person to sit, straddle, or stand while operating the device;
            (42)(a)(v) a design for the ability to be propelled by human power alone; and
            (42)(a)(vi) a maximum speed of 20 miles per hour on a paved level surface. See Utah Code 41-6a-102
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Motor-driven cycle: means a motorcycle, moped, and a motorized bicycle having:
            (45)(a)(i) an engine with less than 150 cubic centimeters displacement; or
            (45)(a)(ii) a motor that produces not more than five horsepower. See Utah Code 41-6a-102
• Motorcycle: means :
       (44)(a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground; or
       (44)(b) an autocycle. See Utah Code 41-6a-102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
• Operator: means :
       (49)(a) a human driver, as defined in Section Utah Code 41-6a-102
• Owner: means the person for whose property a receiver is appointed. See Utah Code 78B-21-102
• parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Pedestrian: means a person traveling:
       (53)(a) on foot; or
       (53)(b) in a wheelchair. See Utah Code 41-6a-102
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 78B-21-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Private road or driveway: means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Utah Code 41-6a-102
• Proceeds: means the following property:
       (12)(a) whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property;
       (12)(b) whatever is collected on, or distributed on account of, receivership property;
       (12)(c) rights arising out of receivership property;
       (12)(d) to the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property; or
       (12)(e) to the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property. See Utah Code 78B-21-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: means all of a person's right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. See Utah Code 78B-21-102
• Railroad: means a carrier of persons or property upon cars operated on stationary rails. See Utah Code 41-6a-102
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Utah Code 78B-21-102
• Receivership: means a proceeding in which a receiver is appointed. See Utah Code 78B-21-102
• Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Utah Code 78B-21-102
• Record: means , when used as a noun, information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-21-102
• Rents: means :
       (18)(a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
       (18)(b) sums payable to a mortgagor under a policy of rental-interruption insurance covering real property;
       (18)(c) claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
       (18)(d) sums payable to terminate an agreement to possess or occupy real property of another person;
       (18)(e) sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or
       (18)(f) other sums payable under an agreement relating to the real property of another person which constitute rents under law of the state other than this chapter. See Utah Code 78B-21-102
• Right-of-way: means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under circumstances of direction, speed, and proximity that give rise to danger of collision unless one grants precedence to the other. See Utah Code 41-6a-102
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Roadway: means that portion of highway improved, designed, or ordinarily used for vehicular travel. See Utah Code 41-6a-102
• Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Utah Code 78B-21-102
• Security agreement: means an agreement that creates or provides for a lien. See Utah Code 78B-21-102
• Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
• standing: means the temporary halting of a vehicle, whether occupied or not, for the purpose of and while actually engaged in receiving or discharging passengers. See Utah Code 41-6a-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Subpoena: A command to a witness to appear and give testimony.
• Tow truck motor carrier: means the same as that term is defined in Section 72-9-102. See Utah Code 41-6a-102
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Traffic-control device: means a sign, signal, marking, or device not inconsistent with this chapter placed or erected by a highway authority for the purpose of regulating, warning, or guiding traffic. See Utah Code 41-6a-102
• Traffic-control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. See Utah Code 41-6a-102
• Truck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Utah Code 41-6a-102
• Trustee: A person or institution holding and administering property in trust.
• Two-way left turn lane: means a lane:
       (85)(a) provided for vehicle operators making left turns in either direction;
       (85)(b) that is not used for passing, overtaking, or through travel; and
       (85)(c) that has been indicated by a lane traffic-control device that may include lane markings. See Utah Code 41-6a-102
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102