Code of Alabama

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40-29-22
Section 40-29-22 Lien for taxes - Validity and priority against certain persons. (a) Purchasers,
holders of security interests, mechanic's lienors, and judgment lien creditors. The lien imposed
by Section 40-29-20 shall not be valid as against any purchaser, holder of a security interest,
mechanic's lienor, or judgment lien creditor until notice thereof which meets the requirements
of subsection (f) has been filed by the Commissioner of Revenue or his delegate, and shall
not be perfected as against any purchaser, holder of a security interest, mechanic's lienor,
or judgment lien creditor until the date such notice is filed. (b) Protection for certain
interest even though notice filed. Even though notice of a lien imposed by Section 40-29-20
has been filed, such lien shall not be valid: (1) SECURITIES. With respect to a security (as
defined in subsection (g)(4)): a. As against a purchaser of such security who at the time
of purchase did not have actual notice or knowledge of the...
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35-10-27
Section 35-10-27 Entry of full payment or satisfaction in record - Generally. If a mortgage
or deed of trust which is of record has been fully paid or satisfied, the mortgagee or transferee
or assignee of the mortgage, or trustee or cestui que trust of the deed of trust, who has
received payment or satisfaction, must on request in writing of the mortgagor, or of a creditor
of the mortgagor having a lien or claim on the property mortgaged, or of a purchaser from
the mortgagor, or owner of the lands mortgaged, or a junior mortgagee, or of the debtor in
a deed of trust, enter the fact of payment or satisfaction on the margin of the record of
the mortgage or deed of trust. Such entry must be witnessed by the judge of probate, or his
clerk, who, in his official capacity, must attest said satisfaction, and for making such attestation
the judge of probate is entitled to a fee of $.25. Or satisfaction may be made by an attorney-in-fact
authorized by an instrument executed and acknowledged as...
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35-10-22
Section 35-10-22 Partial payments - When entered on margin of record. A mortgagee or the assignee
or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui
que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage
or deed of trust is of record, must, upon request in writing to enter the date and amount
of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of
the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the
mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin
of the record of the mortgage or deed of trust the date and amount of such partial payment
or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee
or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if
the mortgage or deed of trust is of record, must, upon request in...
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10A-20-2.05
Section 10A-20-2.05 Borrowing of money and securing same by mortgage or deed of trust. The
trustees, or a majority of them, or authorized agents of any church, conference of churches,
societies, or associations organized by special charter or under the general laws of this
state, may borrow money to an amount as may be authorized by a majority of the trustees or
authorized agents and may, by mortgage or deed of trust, convey all or any part of the property
owned, real or personal, or both, to secure the payment of any debt contracted by the trustees
or authorized agents; but before the mortgage or deed of trust can be executed, a majority
of the board of trustees or authorized agents shall have first authorized the incurring of
the debt and the execution of the mortgage or deed of trust on all or part of the real or
personal property, or both, of the church, conference of churches, society, or association,
which authorization must be made at a meeting of the board of trustees or...
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23-6-9
Section 23-6-9 Disposition of bond proceeds; industrial access road and bridge construction
account; refunding bonds; contracts for construction, etc., of roads and bridges; performance
of work done without contract; property acquired by corporation; roads and bridges constructed
to be part of public highway system; appropriation for road and bridge construction. The proceeds
of all bonds, other than refunding bonds, issued by the corporation, remaining after paying
the expenses of their issuance, shall be turned into the treasury, shall be carried in a special
industrial access road and bridge construction account, and shall be available to be drawn
upon by the corporation, upon the approval of the State Department of Transportation and the
Governor, but solely for the purpose of constructing, reconstructing, and relocating industrial
access roads and bridges and work incidental or related thereto, including the acquisition
of property necessary therefor. Moneys on deposit in the...
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35-10-30
Section 35-10-30 Penalty. (a) If, for 30 days after such request, the mortgagee or assignee
or transferee, trustee or cestui que trust, fails to make any entry required by this article
he forfeits to the party making the request $200.00 unless there is pending, or there is instituted,
an action within that time, in which the fact of partial payment or satisfaction is or may
be contested. In construing this article, the right of action given herein shall be considered
as a personal right, and shall not be lost or waived by a sale of the property covered by
the mortgage or deed of trust before a demand was made for the satisfaction to be entered
upon the record. (b) All actions for the recovery of the penalties mentioned in this article
shall be brought in the county where such mortgage or other instrument is recorded. (c) This
section does not apply to satisfactions of residential mortgages which are governed by the
Alabama Residential Mortgage Satisfaction Act. (Code 1852, §§1343,...
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10A-20-7.04
Section 10A-20-7.04 Powers of corporation. In furtherance of its purposes and in addition to
the powers now or hereafter conferred on business corporations by Alabama statutes, the corporation
shall, subject to the restrictions and limitations contained in this section, have the following
powers: (1) To elect, appoint, and employ officers, agents, and employees to make contracts
and incur liabilities for any of the purposes of the corporation; provided, that the corporation
shall not incur any secondary liability by way of guaranty or endorsement of the obligations
of any person, firm, corporation, joint stock company, association, or trust or in any other
manner. (2) To borrow money from its members and the small business administration and any
other similar federal agency for any of the purposes of the corporation, to issue therefor
its bonds, debentures, notes, or other evidences of indebtedness, whether secured or unsecured,
and to secure the same by mortgage, pledge, deed of...
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11-89B-4
Section 11-89B-4 Resolution of board of directors, etc., or trust indenture containing provisions
creating statutory mortgage lien. Any resolution of the board of directors or other governing
body of such public corporation or trust indenture under which bonds may be issued pursuant
to the provisions of this chapter may contain provisions creating a statutory mortgage lien,
in favor of the holders of such bonds, on the water, sewer and garbage systems or other revenue-producing
and facilities or any thereof (including any after-acquired property) out of the revenues
from which such bonds are made payable. The said resolution of the board of directors or other
governing body of such public corporation or the said trust indenture may provide for the
filing for record in the office of the judge of probate of each county in which any part of
such water, sewer and garbage systems or other revenue-producing facilities or any thereof
may be located of a notice containing a brief description...
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11-50-8
Section 11-50-8 Execution of mortgages or deeds of trust as security for debts, etc., incurred
in construction, acquisition, etc., of waterworks, electric lighting, or power plants, etc.
All cities and towns, in order to secure the prompt and faithful payment of the principal
and interest of all debts, bonds, or other evidence of indebtedness heretofore or hereafter
incurred or issued by such cities or towns for the construction, acquisition, extension, or
maintenance of waterworks systems or plants, electric lighting plants or systems or power
plants or systems, whether such plants or systems are owned and operated separately or in
conjunction, may execute a mortgage or deed of trust upon any or all of any such plants or
systems and all property used in connection therewith, including the franchise or any part
thereof, whether such property is now owned or hereafter acquired by such city or town. (Acts
1921, Ex. Sess., No. 8, p. 6; Code 1923, §2006; Acts 1933, Ex. Sess., No. 9, p. 6;...
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10A-10-1.09
Section 10A-10-1.09 Powers. A real estate investment trust has the power to: (1) Unless the
declaration of trust provides otherwise, have perpetual existence unaffected by any rule against
perpetuities. (2) Sue, be sued, complain, and defend in all courts. (3) Transact its business,
carry on its operations, and exercise the powers granted by this chapter in any state, territory,
district, or possession of the United States and in any foreign country. (4) Make contracts,
incur liabilities, and borrow money. (5) Sell, mortgage, lease, pledge, exchange, convey,
transfer, and otherwise dispose of all or any part of its assets. (6) Issue bonds, notes,
and other obligations, and secure them by mortgage or deed of trust of all or any part of
its assets. (7) Subject to Section 10A-10-1.10, acquire by purchase, or in any other manner,
take, receive, own, hold, use, employ, improve, encumber, and otherwise deal with any interest
in real and personal property, wherever located. (8) Purchase,...
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