Title 10, Chapter 9, Section 52
( 10-9-52)
Any holder of revenue bonds or interest coupons thereon issued under
this article, any receiver for such holders, or any indenture
trustee, if there is any, except to the extent the rights given in
this article may be restricted by resolution passed before the
issuance of the revenue bonds or by the trust indenture, may either
at law or in equity, by action, mandamus, or other proceedings,
protect and enforce any and all rights under the laws of the state
or granted under this article or under such resolution or trust
indenture and may enforce and compel performance of all duties
required by this article or by such resolution or trust indenture to
be performed by the authority or any officer thereof. In the event
of default upon the principal and interest or other obligations of
any revenue bond issue, any such holder, receiver, or indenture
trustee shall be subrogated to each and every right of collecting
rentals, revenues, earnings, or funds by the authority which the
authority may possess under contracts designated as security
therefor, and, in the pursuit of its remedies as subrogee, may
proceed either at law or in equity by action, mandamus, or other
proceedings to collect any sums by such proceeding due and owing to
the authority and pledged or partially pledged to the benefit of the
revenue bond issue. No individual, receiver, or indenture trustee
thereof shall have the right to compel any exercise of the taxing
power of the state to pay any such revenue bond or the interest
thereon or otherwise to enforce the payment thereof against the
state or the authority or any property of the state or authority,
nor shall any such bond constitute a charge, lien, or encumbrance,
legal or equitable, upon the property of the state or authority
except the rents, revenues, earnings, and funds designated as
security for the revenue bonds. In addition to the foregoing, the
resolution or trust indenture may contain such other provisions as
the authority may deem reasonable and proper for the security of the
bondholders subject to the limitations otherwise stated in this
article. All expenses incurred in carrying out the trust indenture
may be treated as a part of the cost of the project affected by the
indenture. |