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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6-5-247
Section 6-5-247 Definitions. Unless the context otherwise requires, the words defined in this
section shall have the following meanings when found in this article: (1) SALE or SOLD. Any
execution, judgment, or foreclosure sale, whether the sale is made under any power of sale
in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment
in any court of competent jurisdiction. (2) MORTGAGE. Any mortgage, deed of trust, or any
other instrument intended to secure the payment of money, such as an instrument which includes
a vendor's lien. (3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument
intended to secure the payment of money by the transfer of an interest in real property, such
as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed
mortgage or lien. (Acts 1988, No. 88-441, p. 647, §1.)...
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11-89B-4
Section 11-89B-4 Resolution of board of directors, etc., or trust indenture containing provisions
creating statutory mortgage lien. Any resolution of the board of directors or other governing
body of such public corporation or trust indenture under which bonds may be issued pursuant
to the provisions of this chapter may contain provisions creating a statutory mortgage lien,
in favor of the holders of such bonds, on the water, sewer and garbage systems or other revenue-producing
and facilities or any thereof (including any after-acquired property) out of the revenues
from which such bonds are made payable. The said resolution of the board of directors or other
governing body of such public corporation or the said trust indenture may provide for the
filing for record in the office of the judge of probate of each county in which any part of
such water, sewer and garbage systems or other revenue-producing facilities or any thereof
may be located of a notice containing a brief description...
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11-54-179
Section 11-54-179 Bonds of authority generally. (a) Source of payment. All bonds issued by
an authority shall be payable solely out of the revenues and receipts derived from the leasing
or sale by the board of its projects or of any thereof as may be designated in the proceedings
of the board under which the bonds shall be authorized to be issued. (b) Pledge of revenues,
receipts and other security. The principal of and interest on any bonds issued by an authority
shall be secured by a pledge of the revenues and receipts out of which the same may be payable
and may be secured by a mortgage and deed of trust or trust indenture conveying as security
for such bonds all or any part of the property of the authority from which the revenues or
receipts so pledged may be derived. The resolution under which the bonds are authorized to
be issued and any such mortgage and deed of trust or trust indenture may contain any agreements
and provisions respecting the operation, maintenance and insurance...
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11-54A-10
Section 11-54A-10 Bonds of authority. (a) Source of payment. All bonds issued by the authority
shall be payable solely out of the revenues and receipts derived from the leasing or sale
by the board of its projects or of any thereof as may be designated in the proceedings of
the board under which the bonds shall be authorized to be issued. (b) Pledge of revenues,
receipts and other security. The principal of an interest on any bonds issued by the authority
shall be secured by a pledge of the revenues and receipts out of which the same may be payable
and may be secured by a mortgage and deed of trust or trust indenture conveying as security
for such bonds all or any part of the property of the authority from which the revenues or
receipts so pledged may be derived. The resolution under which the bonds are authorized to
be issued and any such mortgage and deed of trust or trust indenture may contain any agreements
and provisions respecting the operation, maintenance and insurance of the...
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27-22-60
Section 27-22-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) LENDER. A person who holds a mortgage, lien, deed of trust, or other security
interest in property. The term includes an assignee, receiver, or other transferee of the
interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following: a. A single-family house. b.
A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential structure in which
title to an individual unit is transferred to the owner of the unit under a condominium or
cooperative system. (Act 2019-460, §1.)...
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45-29-140.16
Section 45-29-140.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this article, no proceeding, notice, or approval shall
be required for the incorporation of the authority or the amendment of its certificate of
incorporation, the acquisition of any property, water system, or fire protection facility
or the issuance of any mortgage and deed of trust or trust indenture. (b) The authority, every
water system or fire protection facility owned by the authority or leased or subleased to
a county, and the rates and charges thereof shall be exempt from all jurisdiction of and all
regulation and supervision by the Alabama Public Service Commission and neither a public hearing
nor the consent of the Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-188, p. 169,...
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45-38-141.16
Section 45-38-141.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this part, no proceeding, notice, or approval shall be
required for the incorporation of the authority or the amendment of its certificate of incorporation,
the acquisition of any property, water system, or fire protection facility, or the issuance
of any mortgage and deed of trust or trust indenture. (b) The authority, every water system
or fire protection facility owned by the authority or leased or subleased to a county, and
the rates and charges thereof shall be exempt from all jurisdiction of and all regulation
and supervision by the Alabama Public Service Commission and neither a public hearing nor
the consent of the State Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-472, p....
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8-9A-3
Section 8-9A-3 Value. (a) Value is given for a transfer if, in exchange for the transfer, property
is transferred or an antecedent debt is secured or satisfied, but value does not include an
unperformed promise to furnish support to the debtor or another person made otherwise than
in the ordinary course of the promisor's business. (b) For the purposes of subsection (c)
of Section 8-9A-4 and subsection (a) of Section 8-9A-5, a person gives a reasonably equivalent
value if the person acquires an interest of the debtor in an asset pursuant to a regularly
conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition
or disposition of the interest of the debtor upon default under a mortgage, deed of trust,
or security agreement. (c) A transfer is made for present value if the exchange between the
debtor and the transferee is intended by them to be contemporaneous and is in fact substantially
contemporaneous. (Acts 1989, No. 89-793, p. 1585, §3.)...
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11-32-16
Section 11-32-16 Exemption from other state supervision and control. This chapter is intended
to aid the state in the execution of its duties by providing appropriate and independent instrumentalities
of the state with full and adequate powers to fulfill their functions. Except as in this chapter
expressly otherwise provided, no proceeding, notice, or approval shall be required for the
incorporation of any authority or the amendment of its certificate of incorporation, the acquisition
of any property or transit system, or the issuance of any bonds, mortgage and deed of trust,
or trust indenture. The authority, every transit system of the authority, any public transportation
service provided by the authority, and the rates and charges of the authority shall be exempt
from all jurisdiction of, and all regulation and supervision by, the Public Service Commission.
Neither a public hearing nor the consent of the state Department of Finance shall be prerequisite
to the issuance of bonds by...
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