Section 120. Operation and sale by mortgage trustee  


Latest version.
  • Such  banking
      corporation, upon acquiring such  property,  shall  hold,  lease,  rent,
      operate  and  manage  the  same  for the pro rata benefit of all parties
      interested in said mortgage, deed of trust or  indenture  and  may,  but
      shall  not  be  required to, issue certificates of participation in said
      property and the rents, issues and  profits  thereof  to  those  parties
      interested  in  said mortgage or indenture according to their respective
      interests. At any time thereafter with the consent  of  the  holders  of
      eighty-five  per  centum  of  the  principal  amount  of  the  bonds  or
      certificates outstanding, or with the approval of the court  after  such
      notice  to  the bondholders or certificate holders as the court by order
      may direct, the court may make an order authorizing the trustee to  sell
      such  property  for  such  price  and  upon  such  terms as to credit or
      otherwise or for such stocks, bonds or other securities as it deems best
      for those beneficially interested in said mortgage,  deed  of  trust  or
      indenture.  The  order directing the giving of notice to bondholders and
      certificate holders of the application  of  the  trustee  to  sell  such
      property shall provide for personal service of such notice not less than
      thirty  days  before  the  return  date  thereof, upon not less than ten
      specified bondholders or certificate holders and notice by mail  to  all
      other  bond  or  certificate  holders  whose  addresses are known to the
      trustee and publication of such notice once a week on  a  week  day  for
      three  successive  weeks  preceding  the  return  date  thereof  in  one
      newspaper of general circulation published in the city or  county  where
      said real property is located.