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7-9A-407
Section 7-9A-407 Restrictions on creation or enforcement of security interest in leasehold
interest or in lessor's residual interest. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a lease agreement is ineffective
to the extent that it: (1) prohibits, restricts, or requires the consent of a party to the
lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement
of a security interest in, an interest of a party under the lease contract or in the lessor's
residual interest in the goods; or (2) provides that the assignment or transfer or the creation,
attachment, perfection, or enforcement of the security interest may give rise to a default,
breach, right of recoupment, claim, defense, termination, right of termination, or remedy
under the lease. (b) Effectiveness of certain terms. Except as otherwise provided in Section
7-2A-303(7), a term described in subsection (a)(2) is effective to...
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11-57-20
Section 11-57-20 Remedies upon default on bonds, lease agreements, etc. (a) In event of default
on the bonds. If there should be any default in the payment of the principal of or interest
on any bonds issued under this chapter, then the holder of any of the bonds and of any of
the interest coupons applicable thereto and the trustee under any indenture, or any one or
more of them, may by mandamus, injunction or other proceedings compel performance of all duties
of the officers and directors of the authority with respect to the use of funds for the payment
of the bonds and for the performance of the agreements of the authority contained in the proceedings
under which they were issued, shall be entitled to a judgment against the authority for the
principal of and interest on the bonds so in default and, regardless of the sufficiency of
the security for the bonds in default and as a matter of right, shall be entitled to the appointment
of a receiver to make lease agreements respecting the...
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22-21-150
Section 22-21-150 Bonds - Default. (a) In event of default on bonds. If there should be any
default in the payment of the principal of, or interest on, any bonds issued under this article,
then the holder of any of the bonds, and of any of the interest coupons applicable thereto,
and the trustee under any indenture, or any one or more of them: (1) May, by mandamus, injunction
or other proceedings, compel performance of all duties of the officers and directors of the
authority with respect to the use of funds for the payment of the bonds and for the performance
of the agreements of the authority contained in the proceedings under which they were issued;
(2) Shall be entitled to a judgment against the authority for the principal of, and interest
on, the bonds so in default; and (3) Regardless of the sufficiency of the security for the
bonds in default and as a matter of right, shall be entitled to the appointment of a receiver:
a. To make lease agreements respecting the project out of...
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22-21-331
Section 22-21-331 Remedies for default in payment of securities or performance of lease agreement.
(a) If there should be any default in the payment of the principal of or interest on any securities
issued under this article, then the holder of any such securities and any coupons applicable
thereto (subject to any provision of the resolution or indenture under which such securities
were issued restricting the individual rights of action of any such holders or vesting such
rights exclusively in a trustee), and the trustee under any indenture, or any one or more
of them: (1) May, by mandamus, injunction or other proceedings, compel performance of all
duties of the directors and officers of the authority with respect to the use of funds for
the payment of such securities and for the performance of the agreements of the authority
contained in the proceedings under which they were issued; (2) Shall be entitled to a judgment
against the authority for the principal of and interest on the...
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35-12A-14
Section 35-12A-14 Abandonment of dwelling by death of tenant. If the manufactured dwelling
or personal property is considered abandoned as a result of the death of the only tenant,
Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows:
(1) The provisions of this chapter regarding the rights and responsibilities of a tenant to
the abandoned manufactured dwelling and personal property shall apply to any personal representative
named in a will or appointed by a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the manufactured dwelling community owner in the
event of the tenant's death. (2) The notice required by Section 35-12A-3 shall be personally
delivered or sent by first class mail to any personal representative named in a will or appointed
by a court to act for the deceased tenant. (3) The notice described in Section 35-12A-5 shall
refer to any personal representative or designated person,...
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7-2A-303
Section 7-2A-303 Alienability of interests, transfer of rights, etc. (1) As used in this section,
"creation of a security interest" includes the sale of a lease contract that is
subject to Article 9A, Secured Transactions, by reason of Section 7-9A-109(a)(3). (2) Except
as provided in subsection (3) and Section 7-9A-407, a provision in a lease agreement which
(i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease,
creation, or enforcement of a security interest, or attachment, levy, or other judicial process,
of an interest of a party under the lease contract or of the lessor's residual interest in
the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and
remedies provided in subsection (4), but a transfer that is prohibited or is an event of default
under the lease agreement is otherwise effective. (3) A provision in a lease agreement which
(i) prohibits a transfer of a right to damages for default with respect to...
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7-9A-406
Section 7-9A-406 Discharge of account debtor; notification of assignment; identification and
proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles,
and promissory notes ineffective. (a) Discharge of account debtor; effect of notification.
Subject to subsections (b) through (i), an account debtor on an account, chattel paper, or
a payment intangible may discharge its obligation by paying the assignor until, but not after,
the account debtor receives a notification, authenticated by the assignor or the assignee,
that the amount due or to become due has been assigned and that payment is to be made to the
assignee. After receipt of the notification, the account debtor may discharge its obligation
by paying the assignee and may not discharge the obligation by paying the assignor. (b) When
notification ineffective. Subject to subsection (h), notification is ineffective under subsection
(a): (1) if it does not reasonably identify the rights assigned;...
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11-50A-8
Section 11-50A-8 Powers of the authority. In addition to other powers granted the authority
by this chapter, it shall have all powers consistent with the purposes of the authority as
set forth in Section 11-50A-3, which are necessary or convenient to carry out and effectuate
the purposes and provisions of this chapter, including, but without limiting the generality
of the foregoing, the following enumerated powers, which shall be exercised by the authority
consistently with the provisions of Section 11-50A-3: (1) To sue and be sued and to prosecute
and defend in any court having jurisdiction of the subject matter and of the parties thereto;
(2) To adopt and alter a corporate seal; (3) To make and alter at pleasure all needful bylaws,
rules, and regulations for the transaction of its business and the control of its property
and affairs; (4) To have the same right of eminent domain through condemnation conferred by
Section 10-5-1, or any subsequent statute of similar import; provided...
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16-18-7
Section 16-18-7 Powers of authority. The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to the provisions of Section 16-18-21 specified in its certificate of incorporation;
(2) To sue and be sued in its own name in civil actions and to defend actions against it;
(3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt
and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire,
receive and take by purchase, gift, lease, devise or otherwise, and to hold property of every
description, real, personal or mixed, wherever the same might be located; (6) To make, enter
into and execute such contracts, agreements, leases and other instruments and to take such
other actions as may be necessary or convenient to accomplish any...
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7-2A-516
Section 7-2A-516 Effect of acceptance of goods; notice of default; burden of establishing default
after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must
pay rent for any goods accepted in accordance with the lease contract, with due allowance
for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes
rejection of the goods accepted. In the case of a finance lease, other than a consumer lease
in which the supplier assisted in the preparation of the lease contract or participated in
negotiating the terms of the lease contract with the lessor, if made with knowledge of a nonconformity,
acceptance cannot be revoked because of it. In any other case, if made with knowledge of a
nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the
reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not
of itself impair any other remedy provided by this article or...
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