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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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7-9A-608
Section 7-9A-608 Application of proceeds of collection or enforcement; liability for deficiency
and right to surplus. (a) Application of proceeds, surplus, and deficiency if obligation secured.
If a security interest or agricultural lien secures payment or performance of an obligation,
the following rules apply: (1) A secured party shall apply or pay over for application the
cash proceeds of collection or enforcement under Section 7-9A-607 in the following order to:
(A) the reasonable expenses of collection and enforcement 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; (B) the satisfaction of obligations secured by the security interest
or agricultural lien under which the collection or enforcement is made; and (C) the satisfaction
of obligations secured by any subordinate security interest in or other lien on the collateral
subject to the security interest or agricultural lien under...
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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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7-9A-102
term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper,
payment intangibles, and promissory notes that have been sold; and (C) goods that are the
subject of a consignment. (13) "Commercial tort claim" means a claim arising in
tort with respect to which: (A) the claimant is an organization; or (B) the claimant is an
individual and the claim: (i) arose in the course of the claimant's business or profession;
and (ii) does not include damages arising out of personal injury to or the death
of an individual. (14) "Commodity account" means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer. (15) "Commodity
contract" means a commodity futures contract, an option on a commodity futures contract,
a commodity option, or another contract if the contract or option is: (A) traded on or subject
to the rules of a board of trade that has been designated as a contract market for such a
contract...
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33-12-5
grants or other assistance from federal, state and local governments or from agencies of such
governments and by issuing in its own name revenue bonds pledging a portion of the revenues
from such facilities. f. Arrange with any city, county, municipality or supplier of utilities
for the abandonment, relocation or other adjustment of roads, highways, bridges and utility
lines. (3) LAND ACQUISITION. The agency may acquire by purchase, lease, gift or condemnation
property of any kind, real, personal or mixed, or any interest therein, that the board
deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to land, rights in land, including leaseholds and easements,
and water rights in the Alabama portion of the Elk River Watershed that the board determines
to be necessary to the control and optimum development of the Elk River. The amount and character
of the interests in land, rights in land and water rights...
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7-9A-109
Section 7-9A-109 Scope. (a) General scope of article. Except as otherwise provided in subsections
(c) and (d), this article applies to: (1) a transaction, regardless of its form, that creates
a security interest in personal property or fixtures by contract; (2) an agricultural
lien; (3) a sale of accounts, chattel paper, payment intangibles, or promissory notes; (4)
a consignment; (5) a security interest arising under Section 7-2-401, 7-2-505, 7-2-711(3),
or 7-2A-508(5), as provided in Section 7-9A-110; and (6) a security interest arising under
Section 7-4-210 or 7-5-118. (b) Security interest in secured obligation. The application of
this article to a security interest in a secured obligation is not affected by the fact that
the obligation is itself secured by a transaction or interest to which this article does not
apply. (c) Extent to which article does not apply. This article does not apply to the extent
that: (1) a statute, regulation, or treaty of the United States preempts this...
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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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16-65-6
Section 16-65-6 Bonds generally. (a) Issuance of bonds. The authority is authorized and empowered
to issue its bonds from time to time for the purpose of making equipment loans to finance
equipment costs incurred or to be incurred by educational institutions. Such bonds may be
in such aggregate principal amount as the board of directors shall determine to be necessary
to pay the equipment costs included in such financing. The authority may pay from the proceeds
of the sale of its bonds all expenses, including publication and printing charges, attorneys'
fees, financial advisory fees, and other expenses which the board of directors may deem necessary
or advantageous in connection with the authorization, advertisement, sale, execution, and
issuance of its bonds or the making of equipment loans from the proceeds thereof. (b) Source
of payment. All bonds issued by the authority shall be limited obligations of the authority
payable solely from any combination of the following: (1) The...
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35-8A-313
or such greater percentage of such actual cash value as may be necessary to prevent the applicability
of any co-insurance provision and at each renewal date, exclusive of land, excavations, foundations,
and other items normally excluded from property policies; and (2) Liability insurance, including
medical payments insurance, in an amount determined by the board but not less than any amount
specified in the declaration, covering all occurrences commonly insured against for death,
bodily injury, and property damage arising out of or in connection with the use, ownership,
or maintenance of the common elements. (b) In the case of a building containing units having
horizontal boundaries described in the declaration, the insurance maintained under subdivision
(a)(1), to the extent reasonably available, must include the units, but need not include improvements
and betterments installed by unit owners. (c) If the insurance described in subsections (a)
and (b) is not reasonably available,...
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11-97-10
such corporation; provided, that any corporation may enter into contracts with the holders
of any of its bonds preventing such corporation from thereafter issuing general obligation
bonds or limiting the amount of such bonds that may thereafter be issued. To the extent permitted
by any contracts with the holders of outstanding bonds and any other contractual obligations
or requirements, any corporation may pledge any of its revenues or mortgage or assign any
of its assets, whether real or personal and whether tangible or intangible, to secure
the payment of any of its bonds. (b) As security for payment of the principal of and the interest
and premium, if any, on any bonds issued or assumed by it, any corporation may enter into
a contract or contracts, and adopt resolutions or other proceedings containing provisions
constituting a part of the contract or contracts with the holders of such bonds, pertaining
to, among other things, the following matters: (1) Pledging all or any part of...
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