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7-8-102
Section 7-8-102 Definitions. (a) In this article: (1) "Adverse claim" means a claim
that a claimant has a property interest in a financial asset and that it is a violation of
the rights of the claimant for another person to hold, transfer, or deal with the financial
asset. (2) "Bearer form," as applied to a certificated security, means a form in
which the security is payable to the bearer of the security certificate according to its terms
but not by reason of an indorsement. (3) "Broker" means a person defined as a broker
or dealer under the federal securities laws, but without excluding a bank acting in that capacity.
(4) "Certificated security" means a security that is represented by a certificate.
(5) "Clearing corporation" means: (i) a person that is registered as a "clearing
agency" under the federal securities laws; (ii) a federal reserve bank; or (iii) any
other person that provides clearance or settlement services with respect to financial assets
that would require it to...
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11-92B-10
to hold, keep, improve, maintain, and impose restrictive covenants and land use controls, to
engage in environmental remediation and restoration efforts as required under applicable agreements
with the United States Department of Defense, to equip, furnish, develop, and to transfer,
convey, donate, sell, lease, grant options to, assign, encumber with easements and mortgages
and other security agreements, or otherwise convey or dispose of property of every kind and
character, real, personal, mixed, tangible, and intangible, and any interest therein,
to any person, with the authority receiving adequate consideration, as solely determined by
the authority upon the authority's consideration of tangible and intangible factors in determining
if adequate consideration is to be received by the authority. (5) To make, enter into, and
execute such contracts, agreements, cooperative agreements, leases, loan agreements, orders,
mortgages, deeds, and other legal arrangements and to take...
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26-1A-201
Section 26-1A-201 Authority that requires specific grant; grant of general authority. (a) An
agent under a power of attorney may do the following on behalf of the principal or with the
principal's property only if the power of attorney expressly grants the agent the authority
and exercise of the authority is not otherwise prohibited by another agreement or instrument
to which the authority or property is subject: (1) create, amend, revoke, or terminate an
inter vivos trust; (2) [reserved]; (3) create or change rights of survivorship; (4) create
or change a beneficiary designation; (5) delegate authority granted under the power of attorney;
(6) waive the principal's right to be a beneficiary of a joint and survivor annuity, including
a survivor benefit under a retirement plan; or (7) exercise fiduciary powers that the principal
has authority to delegate. (b) Notwithstanding a grant of authority to do an act described
in subsection (a), unless the power of attorney otherwise expressly...
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11-50A-20
Section 11-50A-20 Trust agreement. In the discretion of the authority, any issue of bonds may
be secured by a trust agreement or indenture made by the authority with a corporate trustee,
which may be any trust company or bank within or without the state having the powers of a
trust company. The trust agreement or indenture may pledge or assign any revenues to be received
by the authority and any proceeds which may be derived from the disposition of any real or
personal property of the authority or proceeds of insurance carried thereon. The resolution
providing for the issuance of bonds and the trust agreement or indenture may contain any provisions
the authority deems necessary or appropriate for protecting and enforcing the rights and remedies
of the bondholders, including the right of appointment of a receiver upon default in the payment
of any principal or interest obligation and the right of any receiver or trustee to enforce
collection of any rates, fees, tolls, charges, or...
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26-1A-212
Section 26-1A-212 Claims and litigation. Unless the power of attorney otherwise provides, language
in a power of attorney granting general authority with respect to claims and litigation authorizes
the agent to: (1) assert and maintain before a court or administrative agency a claim, claim
for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action
to recover property or other thing of value, recover damages sustained by the principal, eliminate
or modify tax liability, or seek an injunction, specific performance, or other relief; (2)
bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or
intermediate relief and use an available procedure to effect or satisfy a judgment, order,
or decree; (4) make or accept a tender, offer of judgment, or admission of facts, submit a
controversy on an agreed statement of facts, consent...
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18-1A-3
common law, equity, or creditor action. (12) LITIGATION EXPENSES. The sum of the costs, disbursements,
and expenses, including reasonable attorney, appraisal, and engineering fees, necessary to
prepare for anticipated or participation in actual probate or circuit court proceedings. (13)
LOCAL PUBLIC ENTITY. A public entity other than the state. (14) PERSON. Includes a natural
individual, partnership, corporation, association, other legal or fiduciary entity, and a
public entity. (15) PERSONAL PROPERTY. Any property other than real property which
is affixed or directly related to the real property proposed to be acquired. (16) PROPERTY.
An interest in real or personal property under the law of this state. (17) REAL PROPERTY.
Land and any improvements upon or connected with land; and includes an easement, servitude,
or other interest therein. (18) WORK. Includes construction, alteration, repair, remodeling,
excavation, demolition, rehabilitation, relocation, and landscaping. (19)...
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19-1A-15
person, principal, or settlor had a right or interest and that is not held by a custodian or
subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's
duties is an authorized user of the property of the decedent, protected person, principal,
or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws,
including this state's law on unauthorized computer access. (e) A fiduciary with authority
over the tangible, personal property of a decedent, protected person, principal, or
settlor: (1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access
laws, including Article 5A of Chapter 8, Title 13A, 18 U.S.C. Section 2701 et seq., and 47
U.S.C. Section 222. (f) A custodian may disclose information in an account to a fiduciary
of the user when the information is required to terminate an account used...
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35-8A-302
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own
name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities; (6) Regulate the use, maintenance, repair, replacement,
and modification of common elements; (7) Cause additional improvements to be made as a part
of the common elements; (8) Acquire, hold, encumber, and convey in its own name any right,
title, or interest to real or personal property, but interests in the common elements
other than those set forth in subdivision (9) may be conveyed or subjected to a security interest
only pursuant to Section 35-8A-312; (9) Grant easements, encroachments, leases, licenses,
and concessions through or over the common elements; (10) Impose and receive any payments,
fees, or charges for the use, rental, or operation of the common elements, other than limited
common elements described in Section 35-8A-202(2) and (4), and for services...
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40-15B-2
Section 40-15B-2 Definitions. In this chapter: (1) "Apportionable estate" means the
value of the gross estate as finally determined for purposes of the estate tax to be apportioned
reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B)
the value of any interest in property that, for purposes of the tax, qualifies for a marital
or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added
to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate
tax" means a federal, state, or foreign tax imposed because of the death of an individual
and interest and penalties associated with the tax. The term does not include an inheritance
tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer
tax incurred on a direct skip taking effect at death. (3) "Gross estate" means,
with respect to an estate tax, all interests in property subject to the tax. (4) "Person"...
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45-37A-54.67
shall have the power to borrow money and to issue revenue bonds as evidence of any money so
borrowed, which bonds shall be payable solely from the revenues derived from the fairs, exhibitions,
amusements, and other activities and enterprises in which the authority is hereby authorized
to engage. As security for any money so borrowed, together with interest thereon and any obligations
incurred or assumed, the authority may mortgage, pledge, or otherwise transfer and convey
its real, personal, and mixed property, or any part or parts thereof, whether then
owned or thereafter acquired, including any franchises then owned or thereafter acquired,
and all or any part of the revenues derived from the fairs, exhibitions, amusements, and other
activities and enterprises in which the authority is hereby authorized to engage. The instrument
whereunder such mortgage or pledge shall be made may contain such agreements as the authority
shall deem advisable respecting the rights and duties...
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