7-11-106
Section 7-11-106 Required refilings. (1) If a security interest is perfected or has priority
on February 1, 1982, as to all persons or as to certain persons without any filing or recording,
and if the filing of a financing statement would be required for the perfection or priority
of the security interest against those persons under the new U.C.C., the perfection and priority
rights of the security interest continue until three years after February 1, 1982. The perfection
will then lapse unless a financing statement is filed as provided in subsection (2) or unless
the security interest is perfected otherwise than by filing. (2) A financing statement may
be filed within six months before the perfection of a security interest would otherwise lapse.
Any such financing statement may be signed by either the debtor or the secured party. It must
identify the security agreement, statement or notice (however denominated in any statute or
other law repealed or modified by this act), state the...
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7-9A-316
Section 7-9A-316 Effect of change in governing law. (a) General rule: Effect on perfection
of change in governing law. A security interest perfected pursuant to the law of the jurisdiction
designated in Section 7-9A-301(1) or 7-9A-305(c) remains perfected until the earliest of:
(1) the time perfection would have ceased under the law of that jurisdiction; (2) the expiration
of four months after a change of the debtor's location to another jurisdiction; or (3) the
expiration of one year after a transfer of collateral to a person that thereby becomes a debtor
and is located in another jurisdiction. (b) Security interest perfected or unperfected under
law of new jurisdiction. If a security interest described in subsection (a) becomes perfected
under the law of the other jurisdiction before the earliest time or event described in that
subsection, it remains perfected thereafter. If the security interest does not become perfected
under the law of the other jurisdiction before the earliest...
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7-9A-325
Section 7-9A-325 Priority of security interests in transferred collateral. (a) Subordination
of security interest in transferred collateral. Except as otherwise provided in subsection
(b), a security interest created by a debtor is subordinate to a security interest in the
same collateral created by another person if: (1) the debtor acquired the collateral subject
to the security interest created by the other person; (2) the security interest created by
the other person was perfected when the debtor acquired the collateral; and (3) there is no
period thereafter when the security interest is unperfected. (b) Limitation of subsection
(a) subordination. Subsection (a) subordinates a security interest only if the security interest:
(1) otherwise would have priority solely under Section 7-9A-322(a) or 7-9A-324; or (2) arose
solely under Section 7-2-711(3) or 7-2A-508(5). (Act 2001-481, p. 647, §1.)...
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7-9A-301
Section 7-9A-301 Law governing perfection and priority of security interests. Except as otherwise
provided in Sections 7-9A-303 through 7-9A-306, the following rules determine the law governing
perfection, the effect of perfection or nonperfection, and the priority of a security interest
in collateral: (1) Except as otherwise provided in this section, while a debtor is located
in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection
or nonperfection, and the priority of a security interest in collateral. (2) While collateral
is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect
of perfection or nonperfection, and the priority of a possessory security interest in that
collateral. (3) Except as otherwise provided in paragraph (4), while tangible negotiable documents,
goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local
law of that jurisdiction governs: (A)...
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7-9A-312
Section 7-9A-312 Perfection of certain security interests by filing; temporary perfection.
(a) Perfection by filing permitted. A security interest in chattel paper, negotiable documents,
instruments, or investment property may be perfected by filing. (b) Control or possession
of certain collateral. Except as otherwise provided in Section 7-9A-315(c) and (d) for proceeds:
(1) a security interest in a deposit account may be perfected only by control under Section
7-9A-314; (2) and except as otherwise provided in Section 7-9A-308(d), a security interest
in a letter-of-credit right may be perfected only by control under Section 7-9A-314; and (3)
a security interest in money may be perfected only by the secured party's taking possession
under Section 7-9A-313. (c) Goods covered by negotiable document. While goods are in the possession
of a bailee that has issued a negotiable document covering the goods: (1) a security interest
in the goods may be perfected by perfecting a security interest...
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7-9-302
interest in property subject to the statute or treaty can be perfected only by compliance therewith
except as provided in Section 7-9-103 on multiple state transactions. Duration and renewal
of perfection of a security interest perfected by compliance with the statute or treaty are
governed by the provisions of the statute or treaty; in other respects the security interest
is subject to this article. (5)(a) The filing provisions of this article also do not apply
to a security interest in personal property or fixtures of a utility which is created
by a mortgage or other security agreement which also covers real property situated in the
State of Alabama and which has been filed for record in accordance with the laws of Alabama
governing mortgages of real property. Such security interest shall be perfected by such filing,
whether such filing shall have been accomplished before or after February 1, 1982; and such
security interest shall be and remain effective, both as to the personal...
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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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26-1A-205
Section 26-1A-205 Tangible personal property. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to tangible
personal property authorizes the agent to: (1) demand, buy, receive, accept as a gift
or as security for an extension of credit, or otherwise acquire or reject ownership or possession
of tangible personal property or an interest in tangible personal property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim;
release; surrender; create a security interest in; grant options concerning; lease; sublease;
or, otherwise dispose of tangible personal property or an interest in tangible personal
property; (3) grant a security interest in tangible personal property or an interest
in tangible personal property as security to borrow money or pay, renew, or extend
the time of payment of a debt of the principal or a debt guaranteed by the principal; (4)
release, assign,...
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7-2-312
Section 7-2-312 Warranty of title and against infringement; buyer's obligation against infringement.
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and (b) The goods shall be
delivered free from any security interest or other lien or encumbrance of which the buyer
at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded
or modified only by specific language or by circumstances which give the buyer reason to know
that the person selling does not claim title in himself or that he is purporting to sell only
such right or title as he or a third person may have. (3) Unless otherwise agreed a seller
who is a merchant regularly dealing in goods of the kind warrants that the goods shall be
delivered free of the rightful claim of any third person by way of infringement or the like,
but a buyer who furnishes specifications to the seller must hold...
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7-9A-327
Section 7-9A-327 Priority of security interests in deposit account. The following rules govern
priority among conflicting security interests in the same deposit account: (1) A security
interest held by a secured party having control of the deposit account under Section 7-9A-104
has priority over a conflicting security interest held by a secured party that does not have
control. (2) Except as otherwise provided in paragraphs (3) and (4), security interests perfected
by control under Section 7-9A-314 rank according to priority in time of obtaining control.
(3) Except as otherwise provided in paragraph (4), a security interest held by the bank with
which the deposit account is maintained has priority over a conflicting security interest
held by another secured party. (4) A security interest perfected by control under Section
7-9A-104(a)(3) has priority over a security interest held by the bank with which the deposit
account is maintained. (Act 2001-481, p. 647, §1.)...
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