Title 20, Chapter 3, Section 345
( 20-3-345)
In the discretion of the authority, any obligation issued under this
subpart may be secured by a trust agreement by and between the
authority and a corporate trustee, which may be any trust company or
bank having the powers of a trust company within or outside the
state. Such trust agreement or the resolution providing for the
issuance of such obligations may pledge or assign all or any part of
the revenues or assets of the authority derived or held by the
authority under and pursuant to this subpart, including, without
limitation, as they relate to this subpart: educational loans;
educational loan commitments; temporary loans; contracts;
agreements; other security or investment obligations, fees, or
charges made or received; moneys received for the sale of or in
payment of educational loans and interest thereon, including the
proceeds of guaranties thereon; and any other moneys that may be
received, held, or due to be received by the authority from the
United States, the corporation, or any other person as a result of
the activities and operations of the authority under this subpart.
The educational loans which are, or the revenues from which are,
included within any such pledge may include, at the discretion of
the authority and to the extent specified in such resolution or
trust indenture and in accordance with all other resolutions,
indentures, contracts of the authority and in accordance with law,
educational loans financed by the authority with funds available to
it pursuant to Subpart 3 of this part. Such trust agreement or
resolution may contain such provisions for protecting and enforcing
the rights and remedies of the holders of any such obligations as
may be reasonable, proper, and not in violation of law, including
covenants setting forth the duties of the authority in relation to
the purposes to which obligation proceeds may be applied; the
disposition or pledging of revenues or assets of the authority under
this subpart; the terms and conditions for the issuance of
additional obligations; and the custody, safeguarding, and
application of moneys and assets of the authority under this
subpart. It shall be lawful for any bank or trust company
incorporated under the laws of the state which may act as depository
of the proceeds of obligations, revenues, or other moneys under this
subpart to furnish such indemnifying bonds or to pledge such
securities as may be required by the authority. Any such trust
agreement or resolution may set forth the rights and remedies of the
holders of the obligations to which it relates and the rights and
remedies of the trustee, if any, and may restrict the individual
right of action by any such holders. In addition to the foregoing,
any such trust agreement or resolution may contain such other
provisions as the authority may deem reasonable and proper for the
security of the holders of any obligations. All expenses incurred in
carrying out such trust agreement or resolution may be paid from the
revenues or assets pledged or assigned to the payment of the
principal of and the interest on obligations or from any other funds
available to the authority for this purpose. |