Terms Used In Utah Code > Title 57 > Chapter 26 - Utah Uniform Assignment of Rents Act

• Accredited clinical training program: means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistant education, doctor of pharmacy education, dental education, or registered nursing education. See Utah Code 26B-4-701
• Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102
• Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102
• Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102
• Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Criminal risk factors: means a person's characteristics and behaviors that:
       (1)(a) affect the person's risk of engaging in criminal behavior; and
       (1)(b) are diminished when addressed by effective treatment, supervision, and other support resources, resulting in reduced risk of criminal behavior. See Utah Code 26B-5-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Day: means calendar day. See Utah Code 57-26-102
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Director: means the director appointed under Section 26B-5-103. See Utah Code 26B-5-101
• Disaster relief organization: means an entity that:
       (1)(a) provides emergency or disaster relief services that include health or veterinary services provided by volunteer health practitioners;
       (1)(b) is designated or recognized as a provider of the services described in Subsection (1)(a) under a disaster response and recovery plan adopted by:

            (1)(b)(i) an agency of the federal government;

            (1)(b)(ii) the department; or

            (1)(b)(iii) a local health department; and
       (1)(c) regularly plans and conducts its activities in coordination with:

            (1)(c)(i) an agency of the federal government;

            (1)(c)(ii) the department; or

            (1)(c)(iii) a local health department. See Utah Code 26B-4-801
• Division: means the Division of Integrated Healthcare created in Section 26B-1-1202. See Utah Code 26B-5-101
• Document: means 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 57-26-102
• Donor: The person who makes a gift.
• Emergency: means :
       (2)(a) a state of emergency declared by:

            (2)(a)(i) the president of the United States;

            (2)(a)(ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; and

            (2)(a)(iii) the chief executive officer of a political subdivision in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
       (2)(b) a public health emergency declared by:

            (2)(b)(i) the executive director through a public health order in accordance with this title; or

            (2)(b)(ii) a local health department for a location under the local health department's jurisdiction. See Utah Code 26B-4-801
• Entity: means a person other than an individual. See Utah Code 26B-4-801
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Health facility: means an entity licensed under the laws of this or another state to provide health or veterinary services. See Utah Code 26B-4-801
• Health practitioner: means an individual licensed under Utah law or another state to provide health or veterinary services. See Utah Code 26B-4-801
• Health services: means the provision of treatment, care, advice, guidance, other services, or supplies related to the health or death of individuals or human populations, to the extent necessary to respond to an emergency, including:
       (7)(a) the following, concerning the physical or mental condition or functional status of an individual or affecting the structure or function of the body:

            (7)(a)(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or

            (7)(a)(ii) counseling, assessment, procedures, or other services;
       (7)(b) selling or dispensing a drug, a device, equipment, or another item to an individual in accordance with a prescription; and
       (7)(c) funeral, cremation, cemetery, or other mortuary services. See Utah Code 26B-4-801
• 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.
• 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}
• License: includes authorization under this title to an individual to provide health or veterinary services based upon a national or state certification issued by a public or private entity. See Utah Code 26B-4-801
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local emergency: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-4-801
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-4-801
• Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
• Local substance abuse authority: means a county legislative body. See Utah Code 26B-5-101
• Mental health crisis: means :
       (6)(a) a mental health condition that manifests in an individual by symptoms of sufficient severity that a prudent layperson who possesses an average knowledge of mental health issues could reasonably expect the absence of immediate attention or intervention to result in:

            (6)(a)(i) serious danger to the individual's health or well-being; or

            (6)(a)(ii) a danger to the health or well-being of others; or
       (6)(b) a mental health condition that, in the opinion of a mental health therapist or the therapist's designee, requires direct professional observation or intervention. See Utah Code 26B-5-101
• Mental health crisis services: means an array of services provided to an individual who experiences a mental health crisis, which may include:
       (8)(a) direct mental health services;
       (8)(b) on-site intervention provided by a mobile crisis outreach team;
       (8)(c) the provision of safety and care plans;
       (8)(d) prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis;
       (8)(e) referrals to other community resources;
       (8)(f) local mental health crisis lines; and
       (8)(g) the statewide mental health crisis line. See Utah Code 26B-5-101
• Mental health therapist: means the same as that term is defined in Section 58-60-102. See Utah Code 26B-5-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102
• 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.
• Office: means the Office of Substance Use and Mental Health created in Section 26B-5-102. See Utah Code 26B-5-101
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102
• 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
• Personal property: All property that is not real property.
• Physician: means a person:
       (6)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
       (6)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-4-701
• Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public funds: include federal and state money that has been transferred by a local substance abuse authority or a local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority. See Utah Code 26B-5-101
• Public health emergency: means the same as that term is defined in Section 26B-7-301. See Utah Code 26B-4-801
• 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
• Rents: means :
       (12)(a) sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
       (12)(b) sums payable to an assignor under a policy of rental interruption insurance covering real property;
       (12)(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;
       (12)(d) sums payable to terminate an agreement to possess or occupy real property of another person;
       (12)(e) sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
       (12)(f) any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102
• Rural county: means a county of the third, fourth, fifth, or sixth class under Section 17-50-501. See Utah Code 26B-4-701
• Scope of practice: means the extent of the authorization to provide health or veterinary services granted to a health practitioner by a license issued to the practitioner in the state in which the principal part of the practitioner's services are rendered, including any conditions imposed by the licensing authority. See Utah Code 26B-4-801
• Secured obligation: means an obligation the performance of which is secured by an assignment of rents. See Utah Code 57-26-102
• Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102
• Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102
• State: means :
       (14)(a) a state of the United States;
       (14)(b) the District of Columbia;
       (14)(c) Puerto Rico;
       (14)(d) the United States Virgin Islands; or
       (14)(e) any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 26B-4-801
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 57-26-102
• 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
• Statewide mental health crisis line: means the same as that term is defined in Section 26B-5-610. See Utah Code 26B-5-101
• Statute: A law passed by a legislature.
• Targeted case management: means a service that assists Medicaid recipients in a target group to gain access to needed medical, social, educational, and other services. See Utah Code 26B-5-101
• Tenant: means a person that has an obligation to pay sums for the right to possess or occupy, or for possessing or occupying, the real property of another person. See Utah Code 57-26-102
• UMEC: means the Utah Medical Education Council created in Section 26B-4-706. See Utah Code 26B-4-701
• 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}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Volunteer health practitioner: means a health practitioner who provides health or veterinary services, whether or not the practitioner receives compensation for those services. See Utah Code 26B-4-801
• Woman: means an adult human female. See Utah Code 68-3-12.5