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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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11-89A-8
Section 11-89A-8 Powers of authority; location of facilities of authority. (a) Every authority
shall have all of the powers necessary and convenient to carry out and effectuate the purposes
and provisions of this chapter, including (without limiting the generality of the foregoing)
the following powers: (1) To have succession in its corporate name for the duration of time
(which may be in perpetuity, subject to the provisions of Section 11-89A-21 specified in its
certificate of incorporation); (2) To sue and be sued in its own name in civil suits and actions
and to defend suit against it; (3) To adopt and make use of a corporate seal and to alter
the same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations, and rules, not
inconsistent with the provisions of this chapter, for the regulation and conduct of its affairs
and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure, lease, or
otherwise, to construct and to expand, improve, operate, maintain,...
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11-62-7
Section 11-62-7 Powers of authority generally; operation of facilities by authority. (a) Every
authority shall have all of the powers necessary and convenient to carry out and effectuate
the purposes and provisions of this chapter, including, without limiting the generality of
the foregoing, the following powers: (1) To have succession in its corporate name for the
duration of time (which may be in perpetuity, subject to the provisions of Section 11-62-17)
specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil
suits and actions and to defend suits against it; (3) To adopt and make use of a corporate
seal and to alter the same at pleasure; (4) To adopt, alter, and repeal bylaws, regulations,
and rules, not inconsistent with the provisions of this chapter, for the regulation and conduct
of its affairs and business; (5) To acquire, whether by gift, purchase, transfer, foreclosure,
lease, or otherwise, and to expand, improve, maintain, equip, and...
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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who, by assignment
or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold
under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee
or other person entitled to the money thus secured, his agent or attorney, or the auctioneer
making the sale, vests the legal title thereto in such purchaser. Probate judges shall index
foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also
by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319; Code
1967, §1589; Code 1876, §2198; Code 1886,...
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35-10-15
Section 35-10-15 Successive sales under power permitted. The sale of any part of the property
conveyed by mortgage, deed of trust, or other instruments intended to secure the payment of
money, either under a power of sale contained in a mortgage, or by a judicial foreclosure,
shall operate as a foreclosure of the mortgage only as to the property sold, and if the mortgage
indebtedness is not thereby satisfied in full, the other property contained in the mortgage
continues as security for the mortgage debt and there may be a further foreclosure of the
mortgage, either by sale under power of sale or by foreclosure. Every power of sale contained
in mortgages unless otherwise expressly provided therein, is held to give a continuing power
of sale authorizing the mortgagee or his assignee after default, to sell the mortgaged property
from time to time in separate lots or parcels. (Acts 1988, 1st Ex. Sess., No. 88-906, p. 479,
§5.)...
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6-5-250
Section 6-5-250 Characterization of rights of redemption under this article. The statutory
rights of redemption given or conferred by this article are mere personal privileges and not
property or property rights. The privileges must be exercised in the mode and manner prescribed
by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement
before foreclosure or execution sale. The right of privilege conferred under this article
is not subject to levy and sale under execution or attachment nor is it subject to alienation
except in the cases provided for in this article; but if the right or privilege is perfected
by redemption as provided in this article, then, and not until then, it becomes property or
rights of property subject to levy, sale, alienation, or other disposition, except as is expressly
authorized by statute. (Acts 1988, No. 88-441, p. 647, §4.)...
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11-88-8
Section 11-88-8 Bonds of authority - Form, terms, denominations, etc.; sale; execution and
delivery; refunding; liability thereon; security for payment of principal and interest and
payment thereof generally; provisions in mortgages, deeds of trust or trust indentures executed
as security for payment of bonds generally. All bonds issued by the authority shall be signed
by the chairman of its board or other chief executive officer and attested by its secretary
and the seal of the authority shall be affixed thereto, and any interest coupons applicable
to the bonds of the authority shall be signed by the chairman of its board or other chief
executive officer; provided, that a facsimile of the signature of one, but not both, of said
officers may be printed or otherwise reproduced on any such bonds in lieu of his manually
signing the same, a facsimile of the seal of the authority may be printed or otherwise reproduced
on any such bonds in lieu of being manually affixed thereto and a...
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24-1-79
Section 24-1-79 Title acquired by purchasers at sale of authority property subject to agreements
with government. Notwithstanding anything in this article to the contrary, any purchaser or
purchasers at a sale of real or personal property of the authority, whether pursuant to any
foreclosure of a mortgage, pursuant to judicial process, or otherwise, shall obtain title
subject to any contract made prior to the accrual of the purchaser's right between the authority
and a government relating to the supervision by a government of the operation and maintenance
of such property and the construction of improvements thereon. (Code 1940, T. 25, §52.)...
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11-89-8
Section 11-89-8 Bonds of district - Form, terms, denominations, etc.; sale; execution and delivery;
refunding; liability thereon; security for payment of principal and interest and payment thereof
generally; provisions in mortgages, deeds of trust or trust indentures executed as security
for payment of bonds generally. All bonds issued by the district shall be signed by the chairman
of its board or other chief executive officer and attested by its secretary and the seal of
the district shall be affixed thereto, and any interest coupons applicable to the bonds of
the district shall be signed by the chairman of its board or other chief executive officer;
provided, that a facsimile of the signature of one, but not both, of said officers may be
printed or otherwise reproduced on any such bonds in lieu of his manually signing the same,
a facsimile of the seal of the district may be printed or otherwise reproduced on any such
bonds in lieu of being manually affixed thereto and a facsimile of...
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40-10-74
Section 40-10-74 Right of purchaser or assignee to possession; redemption when lien is recorded.
Any purchaser of lands at a tax sale other than the state or anyone claiming under him shall
be entitled to possession of said lands immediately upon receipt of certificate of sale from
the tax collector; and, if possession is not surrendered within six months after demand therefor
is made by said purchaser or his assignee, the said purchaser or his assignee may maintain
an action in ejectment or a statutory real action in the nature of ejectment, or other proper
remedy for the recovery of the possession of the lands purchased at such sales and shall be
entitled to hold the possession thereof on recovery, subject, however, to all rights of redemption
provided for in this title. If the mortgage or other instrument creating a lien under which
a party seeks to redeem is duly recorded at the time of said tax sale, the said party shall,
in addition to the time in this title specified, have the...
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