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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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8-9B-2
and includes a security interest created by agreement, a judicial lien obtained by legal or
equitable process or proceedings, a common-law lien, or a statutory lien. (10) "Organization"
means a person other than an individual. (11) "Person" means an individual, estate,
partnership, association, trust, business or nonprofit entity, public corporation, government
or governmental subdivision, agency, or instrumentality, or other legal or commercial entity.
(12) "Property" means both real and personal property, whether tangible or
intangible, and any interest in property whether legal or equitable and includes anything
that may be the subject of ownership. (13) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other medium and is retrievable
in perceivable form. (14) "Relative" means an individual related by consanguinity
within the third degree as determined by the common law, a spouse, or an individual related
to a spouse within the...
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8-9B-9
Section 8-9B-9 Defenses, liability, and protection of transferee. (a) A transfer is not voidable
under Section 8-9B-5(a)(1) against a person that took in good faith and for a reasonably equivalent
value given the debtor or against any subsequent transferee that took in good faith. (b) To
the extent a transfer is avoidable in an action by a creditor under Section 8-9B-8(a)(1),
the following rules apply: (1) Except as otherwise provided in this section, the creditor
may recover judgment for the value of the asset transferred, as adjusted under subsection
(c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment
may be entered against: (i) the first transferee of the asset or the person for whose benefit
the transfer was made; or (ii) any subsequent transferee, other than: (A) a good-faith transferee
that took for value; or (B) a subsequent transferee of a person described in clause (A). (2)
Recovery pursuant to Section 8-9B-8(a)(1) or (b) of or from...
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34-27A-2
Section 34-27A-2 Definitions. The following terms as used in this article shall have the following
meanings: (1) APPRAISAL. The act or process of developing an opinion of value of real property;
an opinion of the value of real property; of or pertaining to appraising real property and
related functions such as appraisal practice or appraisal services. (2) APPRAISAL FOUNDATION.
The Appraisal Foundation incorporated as an Illinois not-for-profit corporation on November
30, 1987. (3) APPRAISAL MANAGEMENT COMPANY. An external third party including, but not limited
to, a corporation, partnership, sole proprietorship, subsidiary, or limited liability company,
authorized either by a creditor of a consumer credit transaction secured by the principal
dwelling of a consumer or by an underwriter of or other principal in the secondary mortgage
markets, that oversees a network or panel of more than four certified or licensed appraisers
in a state or 25 or more nationally in a given year, that...
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7-9A-320
of business. Except as otherwise provided in subsection (e), a buyer in ordinary course of
business, other than a person buying farm products from a person engaged in farming operations,
takes free of a security interest created by the buyer's seller, even if the security interest
is perfected and the buyer knows of its existence. (b) Buyer of consumer goods. Except as
otherwise provided in subsection (e), a buyer of goods from a person who used or bought the
goods for use primarily for personal, family, or household purposes takes free of a
security interest, even if perfected, if the buyer buys: (1) without knowledge of the security
interest; (2) for value; (3) primarily for the buyer's personal, family, or household
purposes; and (4) before the filing of a financing statement covering the goods. (c) Effectiveness
of filing for subsection (b). To the extent that it affects the priority of a security interest
over a buyer of goods under subsection (b), the period of effectiveness...
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10A-8A-1.08
Section 10A-8A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a partnership or to another
partner or to another person that is a party to or is otherwise bound by a partnership agreement,
the partner's or other person's duties may be expanded or restricted or eliminated by provisions
in a written partnership agreement, but the implied contractual covenant of good faith and
fair dealing may not be eliminated. (2) A written partnership agreement may provide for the
limitation or elimination of any and all liabilities for...
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8-19-10
to the office of the Attorney General and to the local district attorney and, upon entry of
any injunction, judgment, or decree in the action, shall mail a copy of such injunction, judgment,
or decree to the office of the Attorney General and to the local district attorney. (e) At
least 15 days prior to the filing of any action under this section, a written demand for relief,
identifying the claimant and reasonably describing the unfair or deceptive act or practice
relied upon and the injury suffered, shall be communicated to any prospective respondent
by placing in the United States mail or otherwise. Any person receiving such a demand for
relief who, within 15 days of the delivering of the demand for relief, makes a written tender
of settlement which is rejected by the claimant may, in any subsequent action, file the written
tender and an affidavit concerning this rejection. If the court finds that the relief tendered
was sufficient to compensate the petitioner for his or her...
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10A-9A-1.08
Section 10A-9A-1.08 Effect of partnership agreement; nonwaivable provisions. (a) Except as
otherwise provided in subsections (b) and (c): (1) the partnership agreement governs relations
among the partners as partners and between the partners and the partnership; and (2) to the
extent the partnership agreement does not otherwise provide for a matter described in subsection
(a)(1), this chapter governs the matter. (b)(1) To the extent that, at law or in equity, a
partner or other person has duties, including fiduciary duties, to a limited partnership or
to another partner or to another person that is a party to or is otherwise bound by a partnership
agreement, the partner's or other person's duties may be expanded or restricted or eliminated
by provisions in a written partnership agreement, but the implied contractual covenant of
good faith and fair dealing may not be eliminated. (2) A written partnership agreement may
provide for the limitation or elimination of any and all liabilities...
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6-5-248
Section 6-5-248 Who may redeem; priorities. (a) Where real estate, or any interest therein,
is sold, it may be redeemed by: (1) Any debtor, including any surety or guarantor. (2) Any
mortgagor, even if the mortgagor is not personally liable for payment of a debt. (3) Any junior
mortgagee, or its transferee. (4) Judgment creditor, or its transferee. (5) Any transferee
of the interests of the debtor or mortgagor, either before or after the sale. A transfer of
any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that
party. (6) The respective spouses of all debtors, mortgagors, or transferees of any interest
of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure
sale. (7) Children, heirs, or devisees of any debtor or mortgagor. (b) All persons named or
enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted
by this article within 180 days from the date of the sale for...
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13A-8-1
7-9A-102(a)(28), in respect of property in which the secured party has a security interest,
as defined in Section 7-1-201(37). (10) PROPELLED VEHICLE. Any propelled device in, upon,
or by which any person or property is transported on land, water, or in the air, and such
term includes motor vehicles, motorcycles, motorboats, aircraft, and any vessel propelled
by machinery, whether or not that machinery is the principal source of propulsion. (11) PROPERTY.
Any money, tangible or intangible personal property, property (whether real or personal)
the location of which can be changed (including things growing on, affixed to, or found in
land and documents, although the rights represented hereby have no physical location), contract
right, chose-in-action, interest in a claim to wealth, credit, or any other article or thing
of value of any kind. Commodities of a public utility nature, such as gas, electricity, steam,
and water, constitute property, but the supplying of such a commodity to...
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