§ 42-99-10. Security for bonds and notes — Construction and acquisition of projects.
(a) The principal of and interest on any bonds or notes issued by the corporation may
be secured by a pledge of any revenues and receipts of the corporation and may be
secured by a pledge, agreement, mortgage, or deed of trust or security agreement or
trust indenture covering all or any part of a project, including any additions, improvements,
extensions to, or enlargements of any projects thereafter made. The bonds or notes
may also be secured by an assignment of the lease or other financing agreement with
respect to any project for the construction and acquisition of which the bonds or
notes are issued and by an assignment of the revenues and receipts derived by the
corporation from a lease or other financing agreement. The resolution under which
the bonds or notes are authorized to be issued and any mortgage, deed of trust, trust
indenture, lease, or other financing agreement may contain agreements and provisions
respecting the maintenance of the projects covered thereby, the fixing and collection
of rents or other revenues for any portions leased, mortgaged or sold by the corporation
to others, the creation and maintenance of special funds from those revenues and the
rights and remedies available in the event of default, all as the corporation shall
deem advisable and not in conflict with the provisions hereof. Each pledge, agreement,
mortgage, deed of trust, security agreement and trust indenture (sometimes collectively
referred to as a "pledge�) made for the benefit or security of any of the bonds or
notes of the corporations shall be valid and binding from the time the pledge is made
and shall continue effective until the principal of and interest on the bonds or notes
for the benefit of which they were made shall have been fully paid, or until provision
shall have been made for payment in the manner provided in the resolution or resolutions
under which the pledge may be authorized. The revenues, moneys, or properties pledged
by the corporation shall immediately be subject to the lien of the pledge without
any physical delivery thereof or further act, and the lien of the pledge shall be
valid and binding as against all parties having claims of any kind in tort, contract,
or otherwise against the corporation, irrespective of whether the parties have notice
thereof. Neither the resolution nor any other instrument by which a pledge is created
need be recorded or filed in any public office. In the event of default in the payment
of the principal of and interest on any bonds or notes or in any agreements of the
corporation made as a part of the contract under which the bonds or notes are issued,
whether contained in the proceedings authorizing the bonds or notes or in any instrument
executed as security therefor, the rights of affected bondholders or noteholders may
be enforced by mandamus, the appointment of a receiver in equity, or by foreclosure
of any such mortgage, deed of trust, or other instrument, or any one or more of the
remedies or any other remedy provided in any such proceedings.
(b) The corporation may provide in any proceedings under which the bonds or notes may
be authorized that any project or part of a project or any addition, improvement,
extension, or enlargement may be constructed by the corporation or the lessee or other
occupant of the project or any designee of the corporation, the lessee, or other occupant
of the project, or of any of them, and may also provide in the proceedings for the
time and manner of and requisites for disbursements to be made for the cost of the
construction and acquisition, and for all the certificates and approvals of construction
and disbursements that the corporation shall deem necessary and provide for in the
proceedings.