Title 46, Chapter 4, Section 106
( 46-4-106)
(a) In the discretion of the authority, any issue of revenue bonds
may be secured by a trust agreement or indenture made by the
authority with a corporate trustee, which may be any trust company
or bank having the powers of a trust company inside or outside this
state. Such trust agreement or indenture may pledge or assign any
or all revenue, receipts, and earnings to be received by the
authority and any proceeds which may be derived from the disposition
of any real or personal property of the authority or proceeds of
insurance carried thereon. (b) The resolution providing for the issuance of revenue bonds and
such trust agreement or indenture may contain provisions for
protecting and enforcing the rights and remedies of the bond owners,
including the right of appointment of a receiver upon default in the
payment of any principal or interest obligation and the right of any
receiver or trustee to enforce collection of any rates, fees, tolls,
charges, or revenues for the use of the services or facilities of
the project or system necessary to pay all costs of operation and
all reserves provided for, the principal of and interest on all
bonds in the issue, all costs of collection, and all other costs
reasonably necessary to accomplish the collection of such sums in
the event of any default of the authority. (c) Such resolution, trust agreement, or indenture may include
covenants setting forth the duties of the authority regarding the
acquisition of property for and the construction of the project and
regarding the custody, safeguarding, and application of all funds of
the authority, including any proceeds derived from the disposition
of any real or personal property of the authority or proceeds of
insurance carried thereon. In addition, such resolution, trust
agreement, or indenture may include covenants providing for the
operation, maintenance, repair, and insurance of the project and may
contain provisions concerning the conditions, if any, upon which
additional bonds may be issued. (d) Such resolution, trust agreement, or indenture may set forth the
rights and remedies of the bond owners and of the trustee; may
restrict the individual right of action of any bond owner in such
manner as is customary in securing bonds and debentures of
corporations; and may contain such other provisions as the authority
may deem reasonable and proper for the security of the bond owners. (e) All expenses incurred in carrying out any trust agreement or
indenture under this Code section may be treated as a part of the
cost of maintenance, operation, and repair of the project affected
by such trust agreement or indenture. |