Code of Alabama

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11-50-11
Section 11-50-11 Provision in mortgages or deeds of trust as to disposition of revenues, etc.,
from plants, rates, and charges, etc. Such mortgages or deeds of trust hereby authorized may
provide that during the ownership of the plant or system by the municipality, its control
of the service of the system or systems shall not be diminished or interfered with by the
grant of any other franchise for the operation of any other plant or system for similar purposes
and that such rates and charges shall be established and maintained sufficient to meet the
costs of operation and maintenance; and such cities or towns may pledge all of the receipts,
earnings, and revenues from the operation of any and all of such plants for the payments of
the debts, bonds, or other evidences secured by such mortgages or deeds of trust. (Acts 1921,
Ex. Sess., No. 8, p. 6; Code 1923, §2009; Code 1940, T. 37, §370.)...
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35-10-3
Section 35-10-3 Foreclosure when instrument contains no power of sale. If no power of sale
is contained in a mortgage or deed of trust, the grantee or any assignee thereof, at his option,
after condition broken, may foreclose same either in a court having jurisdiction of the subject
matter, or by selling for cash at the courthouse door of the county where the property is
situated, to the highest bidder, the lands embraced in said mortgage or deed of trust, after
notice of the time, place, terms, and purpose of such sale has been given by four consecutive
weekly insertions of such notice in some newspaper published in the county wherein said lands,
or a portion thereof are situated. (Code 1923, §9012; Code 1940, T. 47, §166.)...
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35-4-51
Section 35-4-51 What instruments admitted to record; filing as notice of contents; section
cumulative. Except as may be otherwise provided by the Uniform Commercial Code, all deeds,
mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey
any right, title, easement, or interest in any real estate or personal property and all assignments
of mortgages, deeds of trust, or other securities for debt or extension agreements with respect
thereto, when executed in accordance with law, shall be admitted to record in the office of
the probate judge of any county. Their filing for registration shall constitute notice of
their contents. This section shall not be construed as superseding or repealing any other
laws effective in Alabama relative to the subject matter in this article, but shall be held
and construed to be cumulative. (Acts 1927, No. 442, p. 496; Code 1940, T. 47, §95; Acts
1965, No. 549, p. 811.)...
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11-22-10
Section 11-22-10 Bond issues - Securing of principal and interest; mortgages and deeds of trust;
default. The principal of and interest on any bonds issued by the corporation shall be secured
by a pledge of the revenues and receipts out of which the same shall be made payable and may
be secured by mortgage or deed of trust covering all or any part of the projects from which
the revenues or receipts so pledged may be derived, including any enlargements of and additions
to any such projects thereafter made. The resolution under which the bonds are authorized
to be issued and any such mortgage or deed of trust may contain any agreements and provisions
respecting the maintenance of the projects covered thereby, the fixing and collection of fees,
rates, tolls and charges for the services, facilities and accommodations furnished by the
corporation and of the rents for any portion thereof leased by the corporation to others,
the creation and maintenance of special funds from such revenues and...
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11-89B-2
Section 11-89B-2 Form, terms, denominations, etc. of bonds; execution and delivery; interest;
sale; issuance of refunding bonds; liability on bonds; source of payment; use of proceeds;
mortgage, deed of trust, etc., containing certain agreements. All bonds issued pursuant to
the provisions of this chapter shall be signed by the chairman of the board of directors or
other governing body or other chief executive officer of such public corporation and attested
by its secretary and the seal of such public corporation shall be affixed thereto; provided,
that a facsimile of the signatures of both of the officers whose signatures will appear on
the bonds may be imprinted or otherwise reproduced thereon in lieu of being manually signed
if the proceedings in which the bonds are authorized to be issued provide for the manual authentication
of such bonds by a trustee, registrar or paying agent; provided further, that a facsimile
of the seal of such public corporation may be imprinted or otherwise...
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24-1-40
Section 24-1-40 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-35. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-35 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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24-1-78
Section 24-1-78 Exemption of authority property from mortgage foreclosures, levy, and execution
and judgment liens. No interest of the authority in any property, real or personal, shall
be subject to sale by the foreclosure of a mortgage thereon, either through judicial proceedings
or the exercise of a power of sale contained in such mortgage, except in the case of the mortgages
provided for in Section 24-1-74. All property of the authority shall be exempt from levy and
sale by virtue of an execution, or other process, to the same extent as now enjoyed by the
properties of towns, cities, and counties of Alabama. No judgment against the authority shall
be a charge or lien upon its property, real or personal. The provisions of this section shall
not apply to or limit the right of obligees to foreclose any mortgage of the authority provided
for in Section 24-1-74 and, in case of a foreclosure sale thereunder, to obtain a judgment
for any deficiency due on the indebtedness secured thereby...
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35-10-8
Section 35-10-8 How notice of sale given. Notice of said sale shall be given in the manner
provided in such mortgage or deed of trust or in this Code in the county where the mortgagor
resides and the land, or a part thereof, is located; but, if said mortgagor does not reside
in the county where the land or any part thereof is located, then such notice must be published
in the county where said land, or any material part thereof, is located; provided, that notice
of all sales under powers of sale contained in mortgages and deeds of trust executed after
July 1, 1936, where the amount secured is $500.00 or more, shall be given by publication once
a week for three successive weeks in some newspaper published in the county in which such
land or any portion thereof is situated, and said notice of sale must give the time, place
and terms of said sale, together with a description of the property to be sold. (Acts 1923,
No. 494, p. 658; Code 1923, §9017; Acts 1936, Ex. Sess., No. 123, p. 82;...
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11-44E-52
Section 11-44E-52 Grant of franchise; lease, or right to use streets, etc.; transfer of waterworks,
sewer, electric, or gas plant and system to board or public corporation. No resolution, bylaw,
or ordinance granting to any person, firm, or corporation any franchise, lease, or right to
use the streets, public highways, thoroughfares, or public property of the city organized
under the provisions of this chapter, either in, under, upon, along, through, or over same
shall take effect and be in force until 30 days after the final enactment of same by the commission,
and publication of said resolution, or ordinance in full once a week for three consecutive
weeks in some newspaper published in the city, which publication shall be made at the expense
of the persons, firms, or corporations applying for the grant. Pending the passage of any
such resolution or ordinance, or during the time intervening between its final passage and
the expiration of the 30 days during which publication shall be...
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27-41-29
Section 27-41-29 Particular investments - Bonds, etc., secured by mortgages or deeds of trust
on real property, etc., generally. An insurer may invest in: (1) Bonds, notes, or other evidences
of indebtedness which are secured by a first mortgage lien or deed of trust upon unencumbered
improved real property located in the United States or Canada, including leasehold estates
in such real estate having an unexpired term (inclusive of the term or terms which may be
provided by options of renewal) of not less than 10 years beyond the final maturity of the
loan. Unless guaranteed or insured by the Administrator of Veterans Affairs, the Secretary
of Housing and Urban Development, or by a mortgage guaranty insurance policy issued by an
insurance company licensed and authorized to do business by and in the State of Alabama, no
such mortgage loan or loans when made shall exceed 75 percent of the fair value of the real
estate or leasehold, except that loans made on single family dwellings shall...
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