Title 12, Chapter 3, Section 210
( 12-3-210)
(a) In the discretion of the association, any issue of bonds may be
secured by a trust indenture by and between the association and a
corporate trustee, which may be any trust company or bank having the
powers of a trust company within or outside of the state. (b) Resolutions providing for the issuance of bonds and trust
indentures may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders, including the right to
the appointment of a receiver for the project upon the default of
any principal or interest payment upon the bonds thereof, and
including the right of any receiver or indenture trustee to enforce
collections of rents, revenues, or other charges for the use of the
project necessary to pay all costs of operation, the principal and
interest on the issue, the cost of collection, and all things
reasonably necessary to accomplish the collection of such sums, in
the event of any default of the association. (c) Such resolutions or trust indentures may include covenants
setting forth the duties of the association in relation to the
acquisition of the property, the construction of the project, the
maintenance, operation, repair, and insurance of the project, and
the custody, safeguarding, and application of all moneys and may
also contain provisions concerning the conditions, if any, upon
which additional bonds may be issued. An indenture may also set
forth the rights and remedies of the bondholders and of the trustee
and may restrict the individual right of action of bondholders as is
customary in trust indentures securing bonds and debentures of
corporations. In addition, an indenture may contain such other
provisions as the association may deem advisable, reasonable, and
proper for the security of the bondholders. (d) It shall be lawful for any bank or trust company incorporated
under the laws of this state to act as such depository and to
furnish such indemnifying bonds or pledge such securities as may be
required by the association. (e) All expenses incurred in carrying out such trust indenture may
be treated either as a part of the cost of maintenance, operation,
and repair of the project affected by such indenture or as an
administrative expense of the association. |