Code of Alabama

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35-11-211
Section 35-11-211 Priority of lien. (a) Such lien as to the land and buildings or improvements
thereon, shall have priority over all other liens, mortgages, or incumbrances created subsequent
to the commencement of work on the building or improvement. Except to the extent provided
in subsection (b) below, all liens, mortgages, and incumbrances (in this section, "mortgages
and other liens") created prior to the commencement of such work shall have priority
over all liens for such work. Enforcement of such lien of a mechanic, materialman, or other
person created by Section 35-11-210 (in this section, "mechanic or materialman lien")
shall not affect any prior mortgage or other lien, and the purchaser in connection with the
enforcement of such mechanic or materialman lien shall take the property subject to such prior
mortgages and other liens of which the purchaser has actual or constructive notice on the
date of the purchase. Foreclosure of any prior mortgage or other lien shall terminate...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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35-8A-312
Section 35-8A-312 Conveyance or encumbrance of common elements. (a) In a condominium portions
of the common elements may be conveyed or subjected to a security interest by the association
if persons entitled to cast at least 80 percent of the votes in the association, including
80 percent of the votes allocated to units not owned by a declarant, or any larger percentage
the declaration specifies, agree to that action; but all the owners of units to which any
limited common element is allocated must agree in order to convey that limited common element
or subject it to a security interest. The declaration may specify a smaller percentage only
if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale
or loan are an asset of the association. (b) An agreement to convey common elements in a condominium
or subject them to a security interest must be evidenced by the execution of an agreement,
or ratifications thereof, in the same manner as a deed, by the...
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45-35-83.20
Section 45-35-83.20 Additional filing fee. (a) The Judge of Probate of Houston County shall
charge a special additional filing fee of two dollars ($2) for filing or for recording each
and every instrument, paper, writing, document, or decree in his or her office including,
but not limited to, those related to: each personal property, Uniform Commercial Code statement,
each real estate, warranty deed, deed/executive deed, subordinate agreement, agreement, land
lease, partial release/release, affidavit, marriage license, official bond plat, oath of office,
bill of sale, custodian bond, declaration of trust, transfer, assignment, satisfaction, declaration
of vacation bond to indemnify, license pendens notice, order approving trustee bond, and excerpts
of minutes. (b) The month following collection, all funds so collected shall be paid by the
judge of probate into the treasury of Houston County. (c) This section is cumulative. Nothing
herein contained shall alter or change an existing law...
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14-2-26
Section 14-2-26 Kilby property - Sale or lease by authority. (a) The authority shall have the
power to sell, convey and lease all or any part of the Kilby property and, as an aid to such
sale or lease, to cause to be prepared by competent real estate experts a land use map and
plan. No such sale or lease shall be made, however, except at public offering, on sealed bids
or at auction, and upon such published notice as the authority shall determine to be necessary
or desirable in order to attract the greatest interest from prospective bidders. Notice of
any public sale or lease shall, in any event, be given by publication in at least three newspapers
of general circulation published in the state at least three times, the first notice to be
published not less than 60 days before the date of such public offering, the second notice
to be published not less than 30 days nor more than 40 days before such public offering and
the third notice to be published not less than 10 days nor more than...
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35-4-92
Section 35-4-92 Transfers of standing timber, trees, and cutting rights. Except as may be otherwise
provided by Article 9 of the Uniform Commercial Code, all conveyances, mortgages, and other
instruments executed hereafter for the purpose of transferring standing timber or trees, or
cutting rights with respect thereto, or an interest therein, whether such timber, trees, or
rights shall be real or personal property, shall be recorded in the county in which such timber
and trees are located in the same manner and books and under the same conditions that conveyances
of real property are recorded in such county and with like effect; and no such instrument
need be recorded elsewhere. Unless an instrument effecting such transfer and herein required
to be recorded is so recorded, any such transfer shall be inoperative and void as against
purchasers, mortgagees, and judgment creditors without notice. (Acts 1951, No. 629, p. 1084;
Acts 1965, No. 549, p. 811.)...
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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or release, affidavit, marriage license,
official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer,
assignment, satisfaction, declaration of vacation bond to indemnify, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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45-49A-62.02
Section 45-49A-62.02 Abatement and removal of inoperable motor vehicles from private property
as public nuisances. (a) For purposes of this section, the term inoperable motor vehicle shall
mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained
on private property and in view of the general public for 30 days or any greater period fixed
by the municipality and is inoperable in that one or more of its major mechanical components
including, but not limited to, engine, transmission, drive train, or wheels, are missing or
are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle
shall not be deemed a nuisance under any of the following circumstances: (1) The motor vehicle
has been rendered temporarily incapable of being driven under its own motor power in order
to perform ordinary service or repair operations. (2) The motor vehicle is on the premises
of a place of business engaged in the wrecking or junking of...
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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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8-9A-1
Section 8-9A-1 Definitions. As used in this chapter: (1) AFFILIATE. a. A person who directly
or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding
voting securities of the debtor, other than a person who holds the securities, 1. As a fiduciary
or agent without sole discretionary power to vote the securities; or 2. Solely to secure a
debt, if the person has not exercised the power to vote; b. A corporation 20 percent or more
of whose outstanding voting securities are directly or indirectly owned, controlled, or held
with power to vote, by the debtor or a person who directly or indirectly owns, controls, or
holds, with power to vote, 20 percent or more of the outstanding voting securities of the
debtor, other than a person who holds the securities, 1. As a fiduciary or agent without sole
power to vote the securities; or 2. Solely to secure a debt, if the person has not in fact
exercised the power to vote; c. A person whose business is operated...
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