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Terms Used In Utah Code 70C-2-104

  • Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:
         (1)(a) course of dealing;
         (1)(b) usage of trade; or
         (1)(c) course of performance. See Utah Code 70C-1-302
  • Creditor: means :
              (4)(a)(i) a party:
                   (4)(a)(i)(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and
                   (4)(a)(i)(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;
              (4)(a)(ii) an issuer of a credit card that extends either open-end credit or credit that:
                   (4)(a)(ii)(A) is not subject to a finance charge; and
                   (4)(a)(ii)(B) is not payable by written agreement in more than four installments; and
              (4)(a)(iii) an issuer of a credit card that extends closed-end credit that:
                   (4)(a)(iii)(A) is subject to a finance charge; or
                   (4)(a)(iii)(B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302

     If a consumer credit agreement contains covenants by the debtor to perform certain duties pertaining to insuring or preserving collateral and the creditor pursuant to the agreement pays for performance of the duties on behalf of the debtor, the creditor may add the amounts paid to the unpaid principal of the debt.