Section 20.19. Security for bonds or notes  


Latest version.
  • 1. The principal of and interest
      on  any  bonds  or notes issued by a trust may be secured by a pledge of
      any revenues and receipts of the trust, including without limitation the
      receipt of sums as tax-equivalency payments or loan repayments, and  may
      be  secured  by  a  lease,  loan  agreement,  mortgage, pledge, security
      interest or other instrument covering all or any part of a  combined-use
      facility  or  cultural facility as authorized by this article, including
      any additions, improvements, extensions to or  enlargements  of  such  a
      facility  thereafter  made.  Bonds  or  notes  issued for a combined-use
      facility or cultural facility as authorized by this article may also  be
      secured  by  an assignment of any lease of such combined-use facility or
      cultural facility as authorized by this article and by an assignment  of
      the  revenues  and  receipts  of  a trust from any such lease and by the
      assignment  of  any  loan  agreement  with  a   participating   cultural
      institution and by an assignment of the revenues and receipts of a trust
      from  any  such  loan  agreement  and by the assignment of any mortgage,
      pledge, security interest or other  instrument  covering  a  combine-use
      facility or cultural facility.
        2.  A  trust may provide in any proceedings under which bonds or notes
      may be authorized for the time and manner  of  and  the  requisites  for
      disbursements  for  the  cost  of  a  combined-use  facility or cultural
      facility authorized by  this  article,  and  for  all  certificates  and
      approvals  of  construction  and  disbursements  as the trust shall deem
      necessary.
        3. Any pledge  by  a  trust  of,  or  security  interest  granted  in,
      earnings,  revenues or other monies, including tax-equivalency payments,
      accounts,  contract  rights,  general  intangibles  or  other   personal
      property  shall  be  valid  and binding from the time when the pledge is
      made; the earnings, revenues or other monies so pledged  and  thereafter
      received  by  the trust shall immediately be subject to the lien of such
      pledge or other security interest, without any physical delivery of  the
      collateral  thereof  or  further act, and the lien of any such pledge or
      other security interest shall  be  valid  and  binding  as  against  all
      parties having claims of any kind in tort, contract or otherwise against
      the  trust  irrespective of whether such parties have notice thereof. No
      resolution or any other instrument by which a pledge or  other  security
      interest  is  created  need  be  recorded, and no notice thereof need be
      filed in any public office.
        4. In the discretion of a trust, the bonds may be secured by  a  trust
      indenture,  which  may  contain any lawful provisions for protecting and
      enforcing the rights and remedies of the bondholders, by and between the
      trust and a corporate trustee, as distinguished from  a  member  of  the
      board  of  trustees  of  a trust, which may be any trust company or bank
      having the powers of a trust company in the state.  A trust may  provide
      by such trust indenture for the payment of the proceeds of the bonds and
      the  revenues of a combined-use facility or cultural facility authorized
      by this article to the trustee  under  such  trust  indenture  or  other
      depository,  and  for  the  method  of  disbursement  thereof, with such
      safeguards and restrictions as it may determine.  If the bonds shall  be
      secured  by a trust indenture the bondholders shall have no authority to
      appoint a separate trustee to represent them.