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6-6-282
Section 6-6-282 Actions by mortgagee, etc., against mortgagors, etc. If the action is by a
mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant
may plead payment of the mortgage debt or the performance of the condition of the mortgage,
or any matter which might be pleaded to a direct civil action for the recovery of the mortgage
debt, except the statute of limitations. The jury must pass upon such answers and must ascertain
the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant,
judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage
debt, judgment must be entered for the plaintiff for the possession of the land and the costs,
and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment.
If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff,
or to the clerk for his use, such debt, interest, and...
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45-36-252.06
Section 45-36-252.06 Bonds of the authority; obligations. (a) In addition to all other powers
now or hereafter granted by law, the authority shall have the following powers, together with
all powers incidental thereto or necessary to the discharge thereof in corporate form: (1)
To sell and issue bonds of the authority in order to provide funds for any corporate function,
use, or purpose, any such bonds to be payable solely out of one or more of the following:
a. Any or all proceeds or receipts from the privilege, license, or excise tax levied on the
sale, distribution, storage, use, or consumption of tobacco and certain tobacco products in
Jackson County by Section 45-36-247. b. Any or all proceeds from any tax received by the Jackson
County Commission which are required by law to be deposited to the credit of the Jackson County
Water Authority. c. The revenues derived from any water, sewer, or garbage system or facility
of the authority. (2) To pledge for payment of any bonds issued...
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8-6-11
Section 8-6-11 Registration of securities - Exempt transactions. (a) Except as hereinafter
in this section expressly provided, Sections 8-6-3 through 8-6-9 shall not apply to any of
the following transactions: (1) Any isolated nonissuer transaction, whether effected through
a dealer or not; (2) Any nonissuer transaction in an outstanding security by a registered
dealer if: a. The issuer has a class of securities subject to registration under Section 12
of the Securities Exchange Act of 1934 and has been subject to the reporting requirements
of Sections 13 or 15(d) of the Securities Exchange Act of 1934 for not less than 180 days
before the transaction; or has filed and maintained with the commission for not less than
180 days before the transaction information, in such form as the commission, by rule, specifies,
substantially comparable to the information which the issuer would be required to file under
Section 12(b) or Section 12(g) of the Securities Exchange Act of 1934, or the...
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35-10-28
Section 35-10-28 Entry of full payment or satisfaction in record - Satisfaction by one of several
joint mortgagees, etc. The satisfaction in full by any one of several joint mortgagees, or
his successors or assigns, on the margin of the record, and properly attested by the probate
judge, or his chief clerk, or the filing of a release by such party properly notarized, acknowledging
full satisfaction of any mortgage in the names of two or more persons jointly as mortgagees
standing on the probate records of any county in this state, shall be sufficient to extinguish
the lien of such mortgage. The provisions of this section shall also relate to and be effective
as to vendor's liens reserved in deeds or other instruments of record in any probate office
in this state. (Acts 1966, Ex. Sess., No. 406, p. 552, §§1, 2.)...
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35-10-29
Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved
in conveyance. When a vendor's or other lien is reserved in any conveyance, which is of record,
of real or personal property to secure the payment of the purchase money recited in such conveyance,
upon the payment in full of such purchase money, the grantor, or his executor, administrator
or other person in whom the ownership of such lien is vested at the time of the payment of
such purchase money, must, on the request in writing of the grantee, his executor, administrator
or assigns, or of a judgment or other creditor of the grantee, enter the fact of payment on
the margin of the record of such conveyance in the manner as required by this article. Such
entry operates a release of such lien and is a bar to all actions thereon. If for 30 days
after such request, the grantor, or his executor, administrator or other person in whom the
ownership of such lien is vested at the time of such...
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35-10-50
Section 35-10-50 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings in this article. (1) DEED IN LIEU OF FORECLOSURE.
Any instrument, however denominated, whereby a mortgagor transfers to a mortgagee the mortgagor's
rights in mortgaged property. (2) MORTGAGE. A mortgage, deed of trust, or similar security
instrument on real property, or instrument creating a vendor's lien on real property, securing
the payment of money. (3) MORTGAGOR. An owner of an interest in mortgaged property. (4) MORTGAGEE.
The owner of the debt secured by a mortgage. (5) MORTGAGED PROPERTY. Any real property or
interest therein that is subject to a mortgage. (6) EQUITY OF REDEMPTION. The interest the
mortgagor has in the mortgaged property. (Acts 1987, No. 87-660, p. 1168, §1.)...
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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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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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12-13-53
Section 12-13-53 Failure to collect recording or registration tax, etc., upon mortgages, deeds
of trust, etc. Any probate judge who shall file for record or shall record any mortgage, deed
of trust or other instrument in the nature of a mortgage without collecting the recording
or registration tax provided for the recording or registration of such instruments or who
shall fail to certify the fact that said tax has been paid before the filing and recording
of such instrument shall be guilty of a misdemeanor and, upon conviction, shall be fined not
less than $10.00 nor more than $100.00. (Code 1907, §7458; Code 1923, §5050; Code 1940,
T. 13, §282.)...
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40-22-6
Section 40-22-6 Tax upon recording transfer of instrument recorded by exempt institution -
Generally. If any mortgage, deed of trust, contract of conditional sale, or other instrument
of like character heretofore or hereafter filed for record in any probate office of this state
which was or shall be given to secure the payment of any debt incurred to a corporation, organization,
or institution now or hereafter exempt by law from the payment of the recording privilege
tax imposed by Section 40-22-2 and upon which such recording privilege tax has not been previously
paid has been heretofore or be hereafter transferred to a person, corporation, organization,
or institution not exempt from payment of such tax and such transfer is presented for record
within this state, such transfer shall be received for record upon payment of the privilege
tax imposed by said section upon the then unpaid balance of the secured debt and the recording
fees of the probate judge. (Acts 1951, No. 816, p. 1449,...
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