Code of Alabama

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7-9A-601
Section 7-9A-601 Rights after default; judicial enforcement; consignor or buyer of accounts,
chattel paper, payment intangibles, or promissory notes. (a) Rights of secured party after
default. After default, a secured party has the rights provided in this part and, except as
otherwise provided in Section 7-9A-602, those provided by agreement of the parties. A secured
party: (1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and (2) if the collateral
is documents, may proceed either as to the documents or as to the goods they cover. (b) Rights
and duties of secured party in possession or control. A secured party in possession of collateral
or control of collateral under Section 7-7-106, 7-9A-104, 7-9A-105, 7-9A-106, or 7-9A-107
has the rights and duties provided in Section 7-9A-207. (c) Rights cumulative; simultaneous
exercise. The rights under subsections (a) and (b) are cumulative...
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7-9A-625
Section 7-9A-625 Remedies for secured party's failure to comply with article. (a) Judicial
orders concerning noncompliance. If it is established that a secured party is not proceeding
in accordance with this article, a court may order or restrain collection, enforcement, or
disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance.
Subject to subsections (c), (d), and (f), a person is liable for damages in the amount of
any loss caused by a failure to comply with this article. Loss caused by a failure to comply
may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative
financing. (c) Persons entitled to recover damages; statutory damages in consumer-goods transaction.
Except as otherwise provided in Section 7-9A-628: (1) a person that, at the time of the failure,
was a debtor, was an obligor, or held a security interest in or other lien on the collateral
may recover damages under subsection (b) for its loss;...
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7-9A-324
Section 7-9A-324 Priority of purchase-money security interests. (a) General rule: Purchase-money
priority. Except as otherwise provided in subsection (g), a perfected purchase-money security
interest in goods other than inventory or livestock has priority over a conflicting security
interest in the same goods, and, except as otherwise provided in Section 7-9A-327, a perfected
security interest in its identifiable proceeds also has priority, if the purchase-money security
interest is perfected when the debtor receives possession of the collateral or within 20 days
thereafter. (b) Inventory purchase-money priority. Subject to subsection (c) and except as
otherwise provided in subsection (g), a perfected purchase-money security interest in inventory
has priority over a conflicting security interest in the same inventory, has priority over
a conflicting security interest in chattel paper or an instrument constituting proceeds of
the inventory and in proceeds of the chattel paper, if so...
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5-5A-22
Section 5-5A-22 Limits of indebtedness. (a) No bank shall make a loan to any one person which,
when combined with all other loans to such person, would cause total loans to that person
to exceed: (1) Ten percent of the capital accounts of the bank, if such loans are not secured,
or (2) Twenty percent of the capital accounts of the bank, if loans in excess of 10 percent
of capital are fully secured. (b) No loans which would exceed the limitation set forth in
subsection (a)(1) shall be made unless duly authorized or approved in advance by the board
of directors of the bank, a committee of the board of directors of the bank, or a loan committee,
with such authorization or approval recorded in minutes of the meeting at which the authority
was given. (c)(1) As used in this section, the term "capital accounts" shall include
capital, surplus, and undivided profits as defined in Section 5-1A-2, together with obligations
of the bank subordinated in priority upon liquidation or dissolution to...
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7-9A-505
Section 7-9A-505 Filing and compliance with other statutes and treaties for consignments, leases,
other bailments, and other transactions. (a) Use of terms other than "debtor" and
"secured party." A consignor, lessor, or other bailor of goods, a licensor, or a
buyer of a payment intangible or promissory note may file a financing statement, or may comply
with a statute or treaty described in Section 7-9A-311(a), using the terms "consignor",
"consignee", "lessor", "lessee", "bailor", "bailee",
"licensor", "licensee", "owner", "registered owner",
"buyer", "seller", or words of similar import, instead of the terms "secured
party" and "debtor". (b) Effect of financing statement under subsection (a).
This part applies to the filing of a financing statement under subsection (a) and, as appropriate,
to compliance that is equivalent to filing a financing statement under Section 7-9A-311(b),
but the filing or compliance is not of itself a factor in determining whether the collateral
secures an...
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7-2A-309
of the lease agreement but subject to the lease agreement and this article, or (ii) if necessary
to enforce other rights and remedies of the lessor or lessee under this article, remove the
goods from the real estate, free and clear of all conflicting interests of all owners and
encumbrancers of the real estate, but the lessor or lessee must reimburse any encumbrancer
or owner of the real estate who is not the lessee and who has not otherwise agreed for the
cost of repair of any physical injury, but not for any diminution in value of the real
estate caused by the absence of the goods removed or by any necessity of replacing them. A
person entitled to reimbursement may refuse permission to remove until the party seeking removal
gives adequate security for the performance of this obligation. (9) Even though the lease
agreement does not create a security interest, the interest of a lessor of fixtures, including
the lessor's residual interest, is perfected by filing a financing...
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4-3-47
perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, excepting actions in tort against the authority; (3) To adopt and make
use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (5) To acquire, receive, take and
hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties
and whether within or without the corporate limits of any authorizing subdivision, and to
manage said property and to develop any property and to sell, exchange, lease or grant an
option to purchase any property (whether developed or undeveloped) owned, leased or controlled
by it; (6) To make, enter into, execute and perform such contracts, agreements, leases and
other instruments and to take such other action as may be necessary or convenient to...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. ยง1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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7-9A-313
Section 7-9A-313 When possession by or delivery to secured party perfects security interest
without filing. (a) Perfection by possession or delivery. Except as otherwise provided in
subsection (b), a secured party may perfect a security interest in tangible negotiable documents,
goods, instruments, money, or tangible chattel paper by taking possession of the collateral.
A secured party may perfect a security interest in certificated securities by taking delivery
of the certificated securities under Section 7-8-301. (b) Goods covered by certificate of
title. With respect to goods covered by a certificate of title issued by this State, a secured
party may perfect a security interest in the goods by taking possession of the goods only
in the circumstances described in Section 7-9A-316(d). (c) Collateral in possession of person
other than debtor. With respect to collateral other than certificated securities and goods
covered by a document, a secured party takes possession of collateral in...
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7-9A-315
Section 7-9A-315 Secured party's rights on disposition of collateral and in proceeds. (a) Disposition
of collateral: Continuation of security interest or agricultural lien; proceeds. Except as
otherwise provided in this article and in Section 7-2-403(2): (1) a security interest or agricultural
lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition
thereof unless the secured party authorized the disposition free of the security interest
or agricultural lien; and (2) a security interest attaches to any identifiable proceeds of
collateral. (b) When commingled proceeds identifiable. Proceeds that are commingled with other
property are identifiable proceeds: (1) if the proceeds are goods, to the extent provided
by Section 7-9A-336; and (2) if the proceeds are not goods, to the extent that the secured
party identifies the proceeds by a method of tracing, including application of equitable principles,
that is permitted under law other than this...
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