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7-9A-615
Section 7-9A-615 Application of proceeds of disposition; liability for deficiency and right
to surplus. (a) Application of proceeds. A secured party shall apply or pay over for application
the cash proceeds of disposition under Section 7-9A-610 in the following order to: (1) the
reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing,
and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's
fees and legal expenses incurred by the secured party; (2) the satisfaction of obligations
secured by the security interest or agricultural lien under which the disposition is made;
(3) the satisfaction of obligations secured by any subordinate security interest in or other
subordinate lien on the collateral if: (A) the secured party receives from the holder of the
subordinate security interest or other lien an authenticated demand for proceeds before distribution
of the proceeds is completed; and (B) in a case in which a...
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33-5-100
Section 33-5-100 Unauthorized alteration or removal of identification number or registration
information; forfeiture. (a) As used in this section, the following words have the following
meanings: (1) FALSIFY. The term includes alter and forge. (2) IDENTIFIABLE COMPONENT PART.
The term includes any part of a vessel or outboard motor that has an identifying number stamped,
molded, engraved, cast, or placed on it by the manufacturer or any part that can be identified
by other means as being a part of a particular vessel or outboard motor. (3) IDENTIFICATION
NUMBER. The term includes an identifying number, engine number, outboard motor number, or
other distinguishing number or mark placed on a vessel, outboard motor, vessel trailer, or
the engine, transmission, or other component part of a vessel, by its manufacturer or by authority
of the Department of Conservation and Natural Resources or in accordance with the laws of
another state or country. (4) REMOVE. The term includes deface,...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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33-5A-4
five calendar days of receipt of the notice of public auction, shall send a vessel interest
termination notice to the current owner and lienholder of record, if any, of the abandoned
or derelict vessel, as disclosed on the notice of public auction. The vessel interest termination
notice shall advise the owner and lienholder of record, if any, of all of the following: a.
The owner or lienholder's interest in the vessel, upon its sale, will be terminated pursuant
to this chapter. b. Any personal property and items contained in the vessel will be
disposed of in a manner determined by the person conducting the sale. c. The owner or lienholder
of record may redeem the vessel prior to the sale by providing reasonable proof of ownership
and satisfying any liens upon the vessel created pursuant to this chapter. d. All of the information
provided in the notice of public auction. e. The owner or other interested party's right to
appeal and contest the proposed sale of the vessel as...
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7-2-706
Section 7-2-706 Seller's resale including contract for resale. (1) Under the conditions stated
in Section 7-2-703 on seller's remedies, the seller may resell the goods concerned or the
undelivered balance thereof. Where the resale is made in good faith and in a commercially
reasonable manner the seller may recover the difference between the resale price and the contract
price together with any incidental damages allowed under the provisions of this article (Section
7-2-710), but less expenses saved in consequence of the buyer's breach. (2) Except as otherwise
provided in subsection (3) or unless otherwise agreed resale may be at public or private sale
including sale by way of one or more contracts to sell or of identification to an existing
contract of the seller. Sale may be as a unit or in parcels and at any time and place and
on any terms, but every aspect of the sale, including the method, manner, time, place and
terms, must be commercially reasonable. The resale must be reasonably...
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2-1-3
Section 2-1-3 Prima facie evidence of possession with intent to sell. The having in possession
of any article, substance, material or product, the sale of which is regulated under the provisions
of this title or any other provision of this Code or other statute which the Commissioner,
Department or Board of Agriculture and Industries is authorized or directed to administer
or enforce, by any person who manufactures, sells, keeps for sale, offers or exposes for sale,
serves, distributes or delivers the same shall be prima facie evidence of having in possession
with intent to sell, except, that this section or any of the penalties set forth in this title
or other such statute shall not apply to any common carrier when said article, substance,
material or product was received by said carrier for transportation in the ordinary course
of business and without actual knowledge of the adulteration, misbranding or under standard
grade, weight or measure claimed. (Ag. Code 1927, ยง3; Code 1940,...
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37-9-28
Section 37-9-28 Duties of air carriers as to service, facilities, etc.; undue preferences and
advantages prohibited; extension of credit; commission to establish, enforce, etc., reasonable
rates, fares, etc.; proceedings as to validity of rates, fares, etc.; authority to prescribe
service and rates, fares, etc.; time tables. (a) It shall be the duty of every common carrier
by aircraft to provide and furnish intrastate transportation, as authorized by its certificate,
upon reasonable request to have and to provide reasonable through intrastate service in such
transportation in connection with other such carriers or with common carriers by railroad,
motor vehicles, express or water; to provide adequate and reasonable service, equipment, facilities,
waiting rooms and rest rooms, in connection with such transportation; to establish, observe
and enforce just and reasonable individual and joint rates, fares and charges and just and
reasonable classifications, rules, regulations and practices...
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7-2-103
Section 7-2-103 Definitions and index of definitions. (1) In this article unless the context
otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods.
(b) "Good faith" in the case of a merchant means honesty in fact and the observance
of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of
goods means taking physical possession of them. (d) "Seller" means a person who
sells or contracts to sell goods. (2) Other definitions applying to this article or to specified
parts thereof and the sections in which they appear are: "Acceptance." Section 7-2-606.
"Banker's credit." Section 7-2-325. "Between merchants." Section 7-2-104.
"Cancellation." Section 7-2-106 (4). "Commercial unit." Section 7-2-105.
"Confirmed credit." Section 7-2-325. "Conforming to contract." Section
7-2-106. "Contract for sale." Section 7-2-106. "Cover." Section 7-2-712.
"Entrusting." Section 7-2-403. "Financing agency." Section 7-2-104. "Future
goods." Section 7-2-105....
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7-7-307
Section 7-7-307 Lien of carrier. (a) A carrier has a lien on the goods covered by a bill of
lading or on the proceeds thereof in its possession for charges after the date of the carrier's
receipt of the goods for storage or transportation, including demurrage and terminal charges,
and for expenses necessary for preservation of the goods incident to their transportation
or reasonably incurred in their sale pursuant to law. However, against a purchaser for value
of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill
or the applicable tariffs or, if no charges are stated, a reasonable charge. (b) A lien for
charges and expenses under subsection (a) on goods that the carrier was required by law to
receive for transportation is effective against the consignor or any person entitled to the
goods unless the carrier had notice that the consignor lacked authority to subject the goods
to those charges and expenses. Any other lien under subsection (a) is...
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37-3-15
Section 37-3-15 Licensing and regulation of brokers. (a) No person shall for compensation sell
or offer for sale transportation subject to this chapter or shall make any contract, agreement
or arrangement to provide, procure, furnish or arrange for such transportation or shall hold
himself or itself out by advertisement, solicitation or otherwise as one who sells, provides,
procures, contracts or arranges for such transportation, unless such person holds a broker's
license issued by the commission to engage in such transactions; provided, that no such person
shall engage in transportation subject to this chapter unless he holds a certificate or permit
as provided in this chapter. In the execution of any contract agreement or arrangement to
sell, provide, procure, furnish or arrange for such transportation, it shall be unlawful for
such person to employ any carrier by motor vehicle who or which is not the lawful holder of
an effective certificate or permit issued as provided in this...
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