In considering competing claims to an assignment of the seller's interest in a Utah Uniform Real Estate Contract, the court concluded that the contract was personal property, and therefore subject to Article 9 of Utah's Uniform Commercial Code. The court also determined that the contract did not fall within the definition of an "instrument" under Article 9, and would therefore be considered a "general intangible." Under Article 9, security interests in "instruments" are perfected by possession, while "general intangible" interests are perfected by filing a financing statement with the Secretary of State. Although debtor had possession of the original contract, lender's previously filed financing statement perfected its interest in that document, and the court ruled in favor of lender.