(1)  An authority may by resolution, trust indenture, mortgage, lease, or other contract, confer upon an obligee the right, in addition to all rights that may otherwise be conferred, upon default as defined in a resolution or instrument, by suit, action, or proceeding in a court of competent jurisdiction to:

Terms Used In Utah Code 35A-8-421

  • authority: means a public body corporate and politic created by this part. See Utah Code 35A-8-401
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • obligee: includes a bondholder, agent or trustee for a bondholder, a lessor demising to the authority used in connection with a project, an assignee or assignees of the lessor's interest in whole or in part, and the federal government when it is a party to a contract with the authority. See Utah Code 35A-8-401
  • project: means a work or undertaking, on contiguous or noncontiguous sites to:
(i) demolish, clear, or remove buildings from a blighted area;
(ii) provide or assist in providing decent, safe, and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of medium and low income by any suitable methods, including rental, sale of individual units in single or multifamily structures under conventional condominium, cooperative sales contract, lease-purchase agreement, loans, or subsidizing of rentals or charges; or
(iii) accomplish a combination of Subsections (11)(a)(i) and (ii). See Utah Code 35A-8-401
(a)  cause possession of a project, in whole or in part, to be surrendered to the obligee;

(b)  obtain the appointment of a receiver of a project, in whole or in part, and of the rents and profits from the project; and

(c)  require the authority and its officers, agents, and employees to account as if they were the trustees of an express trust.

(2)  The receiver:

(a)  may enter and take possession of the project or any part of it;

(b)  may operate and maintain the project;

(c)  may collect and receive all fees, rents, revenues, or other charges arising from the project;

(d)  shall keep the money collected from the project in a separate account; and

(e)  shall use the money in accordance with the obligations of the authority as the court directs.

Renumbered and Amended by Chapter 212, 2012 General Session