Title 32, Chapter 10, Section 40
( 32-10-40)
(a) In the discretion of the authority, any issue of such bonds may
be secured by a trust indenture by and between the authority and a
corporate trustee, which may be any trust company or bank having the
powers of a trust company inside 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 any project or projects upon the
default of any principal or interest payment upon the bonds thereof,
and the right of any receiver or indenture trustee to enforce
collections of rents, revenues, or other charges for the use of the
project or projects necessary to pay all costs of operation, the
principal and interest on the issue, and cost of collection, and all
things reasonably necessary to accomplish the collection of such
sums in the event of any default of the authority. (c) Such resolutions or trust indentures may include covenants
setting forth the duties of the authority 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; may also
provide that any project shall be constructed and paid for under the
supervision of department engineers or others satisfactory to the
original purchasers of the bonds issued for such project or
projects. Such resolution or trust indenture may also require that
the security given by contractors and by any depository of the
proceeds of the bonds or revenues or other moneys be satisfactory to
such purchasers and may also contain provisions concerning the
conditions, if any, upon which additional revenue bonds may be
issued. (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 authority. The trust indenture may 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. (e) In addition to the foregoing, such trust indenture may contain
such other provisions as the authority may deem advisable,
reasonable, and proper for the security of the bondholders. All
expenses incurred in carrying out such trust indenture may be
treated 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 authority. |