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§ 50-26-13 - Power to secure issuance of bonds by trust agreement or indenture; contents of trust agreement or indenture

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O.C.G.A.50-26-13 (2010) 50-26-13.Power to secure issuance of bonds by trust agreement or indenture; contents of trust agreement or indenture (a)Anyissue of bonds may be secured by a trust agreement or indenture made bythe authority with a corporate trustee, which may be any trust companyor bank having the power of a trust company inside or outside thisstate.Such trust agreement or indenture may pledge or assign allrevenue, receipts, and earnings to be received by the authority from anysource and any proceeds which may derive from the disposition of anyreal or personal property of the authority or proceeds of insurancecarried thereon.(b)The resolutionproviding for the issuance of bonds and such trust agreement orindenture may contain provisions for protecting and enforcing the rightsand remedies of the bondholders, including the right of appointment of areceiver on default in the payment of any principal or interestobligation and the right of any receiver or trustee to enforcecollection of any rates, fees, and charges pertaining to any loan, anyoverdue principal and interest on any loan, any overdue principal of andinterest on all bonds in the issue, all costs of collection, and allother costs reasonably necessary to accomplish the collection of suchsums in the event of any default of the authority.(c)Suchresolution, trust agreement, or indenture may include covenants settingforth the duties to the authority regarding the custody, safeguarding,and application of all funds of the authority, including any proceedsderived from the disposition of any real or personal property of theauthority or proceeds of insurance carried thereon.In addition, suchresolution, trust agreement, or indenture may include covenantsproviding for the operation, maintenance, repair, and insurance of anyfacility or capital improvements constructed or acquired with loanproceeds.(d)All expenses incurred incarrying out any trust agreement or indenture under this Code sectionmay be treated as a part of the cost of financing and administering theloans that will be funded or acquired with the proceeds of the bondsgoverned by such trust agreement or indenture.
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  • O.C.G.A. 50-26-13 (2010)
    50-26-13. Power to secure issuance of bonds by trust agreement or indenture; contents of trust agreement or indenture


    (a) Any issue of 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 power of a trust company inside or outside this state. Such trust agreement or indenture may pledge or assign all revenue, receipts, and earnings to be received by the authority from any source and any proceeds which may derive 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 bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders, including the right of appointment of a receiver on 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, and charges pertaining to any loan, any overdue principal and interest on any loan, any overdue 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 to the authority 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 any facility or capital improvements constructed or acquired with loan proceeds.

    (d) 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 financing and administering the loans that will be funded or acquired with the proceeds of the bonds governed by such trust agreement or indenture.

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