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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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35-10-8
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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37-6-21
Section 37-6-21 Sale, lease or encumbrance of property; offeror's disclosure statement; invitations
for competing or alternative proposals; exceptions; effect of violation. A cooperative may
not sell or lease all or any substantial portion of its property, unless such sale or lease
is authorized at a duly held meeting of the members thereof by the affirmative vote of not
less than two thirds of all the members of the cooperative and unless the notice of such sale
or lease shall have been contained in the notice of the meeting. A cooperative acting through
its board of trustees may mortgage, by mortgage or deed of trust, pledge or otherwise encumber,
to secure any indebtedness of the cooperative, all or any portion of its property, assets
and the revenues and income therefrom, from time to time, when authorized by the affirmative
vote of a majority of its members at a duly held meeting after proper notice thereof. The
board of trustees of a cooperative, without authorization of the...
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11-94-12
Section 11-94-12 Bonds of authority - Indenture; lien; remedies of bondholders. In the discretion
of its board, any bonds issued by an authority may be secured by an indenture between an authority
and a trustee, which may be any trust company or bank having trust powers, whether such bank
or trust company is located within or without the state. In any such indenture or resolution
providing for the issuance of bonds an authority may pledge, for payment of the principal
of and the interest on such bonds, any of its revenues to which its right then exists or may
thereafter come into existence and may assign, as security for such payment, any of its leases,
franchises, permits and contracts; and in any such indenture, an authority may mortgage any
of its properties, including any that may be thereafter acquired by it, and may provide that
in the event of a default in payment of the bonds secured thereby or in the event of default
with respect to any agreement contained therein, such...
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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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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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35-10-2
Section 35-10-2 Sale under power where instrument silent as to place or terms of sale. If a
deed of trust or mortgage, with power of sale, is silent as to the place or terms of sale,
or as to the character or mode of notice, a sale may be made at the courthouse door of the
county wherein the land is situated, after condition broken, for cash to the highest bidder,
after 30 days' notice of the time, place and terms of sale by publishing such notice once
a week for four consecutive weeks in a newspaper published in the county wherein said lands
or property in said mortgage or deed of trust are situated. (Code 1923, §9011; Code 1940,
T. 47, §165.)...
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35-10-4
Section 35-10-4 Sale of lands situated in two or more counties. Where the lands embraced in
any mortgage or deed of trust are situated in two or more counties and no provision is made
in said mortgage for the sale, on condition broken, of all of said lands or any portion thereof,
then, at the option of the grantee or of any assignee or owner of said mortgage or deed of
trust, said lands may be sold at the courthouse door of any county wherein any portion of
said lands is situated, after 30 days' notice of the time, place, terms, and purpose of such
sale, by publishing such notice once a week for four consecutive weeks in some newspaper published
in each county in which said lands or any portion thereof are situated. (Code 1923, §9013;
Code 1940, T. 47, §167.)...
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19-3-40
Section 19-3-40 Sale of real estate; notice to creditors. The trustee may make sale of any
real estate or interest therein belonging to the trust estate, at public outcry to the highest
bidder, after giving notice thereof by publication once a week for three successive weeks
in a newspaper published in the county where the real estate is situated, or, if there be
no such paper, by posting notice at the courthouse door for the same length of time; and of
such sale the trustee must also give notice by mail, postage prepaid, to each creditor, in
time to reach him 10 days before the day of sale. But nothing contained in this section shall
prevent the assignee from exercising the powers of sale or other powers conferred by the deed
of assignment, unless specially restrained from so doing by an order made in writing by the
circuit judge and filed in the court. (Code 1896, §4172; Code 1907, §6074; Code 1923, §10411;
Code 1940, T. 58, §28.)...
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24-1-61
Section 24-1-61 Definitions. The following terms, wherever used or referred to in this article
shall have the following respective meaning, unless a different meaning clearly appears from
the context: (1) AUTHORITY or HOUSING AUTHORITY. A public body organized as a body corporate
and politic in accordance with the provisions of this article for the purposes, with the powers
and subject to the restrictions set forth in this article. (2) COUNTY. All of the county except
that portion which lies within the territorial boundaries of any city or incorporated town.
(3) COUNTY COMMISSION. The governing body of any county. (4) HOUSING COMMISSIONER. One of
the members of an authority appointed in accordance with the provisions of this article. (5)
GOVERNMENT. Such term shall include the state and federal governments and any subdivision,
agency, or instrumentality, corporate or otherwise, of either of them. (6) STATE. The State
of Alabama. (7) FEDERAL GOVERNMENT. Such term shall include the...
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