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7-9A-705
Section 7-9A-705 Effectiveness of action taken before January 1, 2002. (a) Pre-effective-date
action; one-year perfection period unless reperfected. If action, other than the filing of
a financing statement, is taken before January 1, 2002, and the action would have resulted
in priority of a security interest over the rights of a person that becomes a lien creditor
had the security interest become enforceable before January 1, 2002, the action is effective
to perfect a security interest that attaches under this article within one year after January
1, 2002. An attached security interest becomes unperfected one year after January 1, 2002,
unless the security interest becomes a perfected security interest under this article before
the expiration of that period. (b) Pre-effective-date filing. The filing of a financing statement
before January 1, 2002, is effective to perfect a security interest to the extent the filing
would satisfy the applicable requirements for perfection under this...
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5-19-20
is required by the creditor, is not furnished by the debtor, and is purchased by the creditor,
then upon renewal, refinancing, or payment of the debt before the final maturity date, the
creditor shall refund or credit the debtor with that portion of the premium refunded by the
insurance carrier upon the termination of the insurance. (g) A creditor may not contract for
or receive a separate charge for insurance against loss of or damage to property or against
liability for property damage or personal injuries unless the original amount financed
exclusive of the charges for insurance is three hundred dollars ($300) or more and the value
of the property is three hundred dollars ($300) or more. (h) In no event shall the creditor
have any responsibility or liability for the failure to purchase any insurance permitted by
this section unless the creditor has affirmatively undertaken in writing to purchase the insurance.
(i) A creditor may offer and finance any other insurance in connection...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state
or any interest therein or any security agreement or financing statement provided for by the
Uniform Commercial Code, except a security agreement or a financing statement relating solely
to security interests in accounts, contract rights, or general intangibles, as such terms
are defined in the Uniform Commercial Code, and except for the re-recordation of corrected
mortgages, deeds, or instruments executed for the purpose of perfecting the title to real
or personal property, specifically, but not limited to, corrections of maturity dates
thereof, shall be received for record or for filing in the office of any probate judge of
this state unless the following privilege or license taxes shall have been paid upon such...
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7-9A-408
Section 7-9A-408 Restrictions on assignment of promissory notes, health-care-insurance receivables,
and certain general intangibles ineffective. (a) Term restricting assignment generally ineffective.
Except as otherwise provided in subsection (b), a term in a promissory note or in an agreement
between an account debtor and a debtor which relates to a health-care-insurance receivable
or a general intangible, including a contract, permit, license, or franchise, and which term
prohibits, restricts, or requires the consent of the person obligated on the promissory note
or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection
of a security interest in, the promissory note, health-care-insurance receivable, or general
intangible, is ineffective to the extent that the term: (1) would impair the creation, attachment,
or perfection of a security interest; or (2) provides that the assignment or transfer or the
creation, attachment, or perfection of the...
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8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
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8-9B-4
Section 8-9B-4 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise made otherwise than in the ordinary course of the promisor's business
to furnish support to the debtor or another person. (b) For the purposes of Section 8-9B-5
(a)(2) and Section 8-9B-6, a person gives a reasonably equivalent value if the person acquires
an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or disposition of the interest of
the debtor upon default under a mortgage, deed of trust, or security agreement. (c) A transfer
is made for present value if the exchange between the debtor and the transferee is intended
by them to be contemporaneous and is in fact substantially contemporaneous. (Act 2018-163,
§1.)...
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8-15-33
Section 8-15-33 Lien of owner, etc., of self-service storage facility upon personal
property located at facility. Where a rental agreement, as defined in subdivision (7) of Section
8-15-31, is entered into between the owner and the occupant, the owner of a self-service storage
facility and his heirs, executors, administrators, successors, and assigns shall have a lien
upon all personal property located at a self-service storage facility for rent, labor,
or other charges, present or future, in relation to the personal property and for expenses
necessary for its preservation or expenses reasonably incurred in its sale or other disposition
pursuant to this article. The lien attaches as of the date the personal property is
brought to the self-service storage facility and continues so long as the owner retains possession
and until the default is corrected, or a sale is conducted, or the property is otherwise disposed
of to satisfy the lien. The lien provided for in this section is superior...
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26-2A-20
after the appointment of a conservator, including expenses of administration. (2) CONSERVATOR.
A person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause
for a protective order as described in Section 26-2A-130. (6) ESTATE. Includes the property
of the person whose affairs are subject to this chapter. (7) GUARDIAN. A person who has qualified
as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination
or court appointment and includes a limited guardian as described in Sections 26-2A-78(e)
and 26-2A-105(c), but excludes one who is merely a guardian ad litem. (8)...
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7-9A-305
Section 7-9A-305 Law governing perfection and priority of security interests in investment
property. (a) Governing law: General rules. Except as otherwise provided in subsection (c),
the following rules apply: (1) While a security certificate is located in a jurisdiction,
the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in the certificated security represented thereby.
(2) The local law of the issuer's jurisdiction as specified in Section 7-8-110(d) governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in an uncertificated security. (3) The local law of the securities intermediary's jurisdiction
as specified in Section 7-8-110(e) governs perfection, the effect of perfection or nonperfection,
and the priority of a security interest in a security entitlement or securities account. (4)
The local law of the commodity intermediary's jurisdiction governs...
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10A-9A-1.02
Section 10A-9A-1.02 Definitions. Notwithstanding Section 10A-1-1.03, as used in this chapter,
unless the context otherwise requires, the following terms mean: (1) "CERTIFICATE OF
FORMATION" with respect to a limited partnership means the certificate of formation required
by Section 10A-9A-2.01, and the certificate of formation as amended or restated. (2) "DISTRIBUTION"
except as otherwise provided in Section 10A-9A-5.08(f), means a transfer of money or other
property from a limited partnership to another person on account of a transferable interest.
(3) "FOREIGN LIMITED LIABILITY LIMITED PARTNERSHIP" means a foreign limited partnership
whose general partners have limited liability for the obligations of the foreign limited partnership
under a provision similar to Section 10A-9A-4.04(c). (4) "FOREIGN LIMITED PARTNERSHIP"
means a partnership formed under the laws of a jurisdiction other than this state and required
by those laws to have one or more general partners and one or more...
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