I have a tenant claiming that the clause is not enforceable and am I am starting to believe it is not based on the research that I am finding out of state, but I would like to find Utah case law, etc.

We also have a second home in another state that we rent out as a short-term rental in a college town that we have to travel to regularly.

Should i do a regular FHA or a FHA203k to get started ?

Have an Inspector who you will work with regularly. 

THE BANK CAN COME AFTER HIM TO CLAIM IT?

Here are some reasons why I (and many others) believe that security tokens are superior to traditional methods of recording and trading CRE ownership claims.

Assume an accredited investor and no securities law issues for simplicity.1) Homeowner pays for a legitimate appraisal.2) Homeowner grants the right to Investor to receive 10% of any appreciation above the appraised value when and if the house is sold.3) In exchange, Investor pays the homeowner an amount equal to 10% of the appraised value, with 20% down and the rest on an interest-only promissory note held by Homeowner.4) The note bears interest at Prime + 0% and does not have any origination fees or prepayment penalties.5) The investor gets credit for 10% of the eventual net proceeds from sale with the net being 10% of net sales proceeds less the remaining balance of the loan.6) If the investor defaults on the loan and fails to cure the default, the claim on the equity is forfeited.7) The homeowner remains fully responsible for costs of maintenance, insurance and taxes, but this is offset somewhat by the interest on the loan and the cash received upfront.8) Presumably if there is a gain beyond the homeowner's basis, there is no tax for now unless the proceeds exceed $250k for an individual or $500k for a couple.

He's claiming discrimination from them by not accepting his signature.

LOL.)Another question that comes to mind related to all this is if we can claim any sort of tax write off for the vacancy if it wasn't technically a rental home during that period? 

We did that regularly here for short sales.