27-41-32
Section 27-41-32 Particular investments - Investments relating to agricultural property securing
evidences of indebtedness held by insurers and subject to mortgage foreclosure or insolvency
proceedings. (a) If real property securing any evidence of indebtedness held by an insurer
is used for agricultural purposes and a proceeding to foreclose the mortgage or an insolvency
proceeding relating to the mortgagor has been commenced or if the mortgagor has made an assignment
for the benefit of creditors, the insurer may, for the purpose of preserving or enhancing
the earnings of such property: (1) Purchase agricultural livestock or equipment and utilize
the same or cause the same to be utilized in the operation of the property by the mortgagor
or by a receiver or trustee or by the insurer; or (2) Lend up to the value of any agricultural
equipment or livestock which may be utilized in the operation of the property on the security
of such equipment and livestock as a first lien. (b) Nothing in...
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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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45-18-90.03
Section 45-18-90.03 Bonds and notes of authority. Bonds and notes of the authority shall constitute
negotiable instruments and may be secured by a pledge of the revenues from which they are
payable, by contracts binding the authority for the proper application of its revenues and
the proceeds of such bonds and notes and by a nonforeclosable mortgage or deed of trust, a
statutory mortgage lien on the facilities and other property out of the revenues from which
the bonds and notes are payable. Bonds and notes of the authority may be issued under a trust
indenture. (Act 2005-118, p. 196, §4.)...
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6-5-247
Section 6-5-247 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings when found in this article: (1) SALE or SOLD. Any
execution, judgment, or foreclosure sale, whether the sale is made under any power of sale
in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment
in any court of competent jurisdiction. (2) MORTGAGE. Any mortgage, deed of trust, or any
other instrument intended to secure the payment of money, such as an instrument which includes
a vendor's lien. (3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument
intended to secure the payment of money by the transfer of an interest in real property, such
as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed
mortgage or lien. (Acts 1988, No. 88-441, p. 647, §1.)...
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40-22-11
Section 40-22-11 Tax upon recording transfer of instrument recorded by exempt institution -
Waiver of exemption from payment of recording tax. Any corporation, organization, or institution
now or hereafter exempt from the recording privilege tax imposed by Section 40-22-2 may, at
the time of presenting for record any mortgage, deed of trust, contract of conditional sale
or other instrument of like character executed to it, waive its exemption from payment of
such recording privilege tax with respect to such instrument and pay the tax imposed by said
section at the time such instrument is presented to the judge of probate for filing, and no
transfer of the indebtedness thereby secured, thereafter presented for recording, shall be
subject to any recording privilege tax, but shall be filed for record by the judge of probate
upon the payment of the recording fees to the judge of probate. (Acts 1951, No. 816, p. 1449,
§6.)...
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11-95-8
Section 11-95-8 Bonds of corporation - From what source payable; pledge of revenues; execution;
form, interest rate, maturity, sale, and negotiability; nature of obligation and source of
payment; investment eligibility. (a) All bonds issued by a corporation shall be payable solely
from one or more of the following sources as may be designated in the proceedings of the board
under which such bonds shall be authorized to be issued: (1) Hospital taxes; and (2) Revenues
from any hospital facilities owned or operated by it. (b) The principal of and interest on
any bonds issued by a corporation shall be secured by a pledge of the designated revenues
and may be secured by a trust indenture evidencing such pledge or by a non-foreclosable mortgage
and deed of trust conveying as security for such bonds all or any part of the property of
the corporation from which any part of the designated revenues so pledged may be derived.
The resolution of the board under which the bonds are authorized to be...
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19-3D-19
Section 19-3D-19 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TAX-RELATED LIMITATIONS.
(a) In this section the following terms have the following meanings: (1) GRANTOR TRUST. A
trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. Sections
671 through 677, as amended, or 26 U.S.C. Section 679, as amended. (2) INTERNAL REVENUE CODE.
The United States Internal Revenue Code of 1986, as amended. (3) NONGRANTOR TRUST. A trust
that is not a grantor trust. (4) QUALIFIED BENEFITS PROPERTY. Property subject to the minimum
distribution requirements of 26 U.S.C. Section 401(a)(9), as amended, and any applicable regulations,
or to any similar requirements that refer to 26 U.S.C. Section 401(a)(9) or the regulations.
(b) An exercise of the decanting power is subject to the following limitations: (1) If a first
trust contains property that qualified, or would have...
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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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41-10-44.6
Section 41-10-44.6 Project obligations generally. (a) Issuance of project obligations. The
authority is authorized and empowered to issue its project obligations from time to time for
the purpose of financing one or more projects in such aggregate principal amount as the board
of directors shall determine to be necessary to provide for all or a portion of the project
costs of the project or projects being financed and to pay the expenses of issuing the project
obligations. (b) Source of payment. All project obligations issued by the authority shall
be limited obligations of the authority payable solely from any combination of the following:
(1) The revenues and receipts of the authority derived from the financing agreement or agreements
entered into by the authority with respect to the project or projects financed by such project
obligations; (2) the income or proceeds realized by the authority under any mortgage or other
security granted to the authority; (3) amounts derived from any...
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