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2006 Georgia Code - 2-10-27
2-10-27. (a) In the discretion of the authority, any
issue of such bonds may be secured by a trust indenture by and
between the authority and a corporate trustee, which may be any
trust company or bank having the powers of a trust company within
or without the state. (b)
Resolutions providing for the issuance of bonds and trust
indentures may: (1) Contain
provisions for protecting and enforcing the rights and remedies of
the bondholders, including: (A) The right to the appointment of a receiver
for any project or projects upon the default of any principal or
interest payment upon the bonds thereof; and (B) The right of any receiver or indenture
trustee to enforce collections of rents, revenues, or other charges
for the use of the project or projects necessary to pay all costs
of operation, the principal and interest on the issue, the costs of
collection, and all things reasonably necessary to accomplish the
collection of such sums, in the event of any default of the
authority; (2) Include
covenants setting forth the duties of the authority in relation to
the acquisition of the property, the construction of the project,
the maintenance, operation, repair, and insurance of the project,
and the custody, safeguarding, and application of all
moneys; (3) Provide that any
project shall be constructed and paid for under the supervision of
architects and engineers selected by the authority for such
purpose; (4) Require that the
security given by contractors and by any depository of the proceeds
of the bonds or revenues or other moneys be satisfactory to such
purchasers; and (5) Contain
provisions concerning the conditions, if any, upon which additional
bonds may be issued. (c) It
shall be lawful for any bank or trust company incorporated under
the laws of this state to act as depository and to furnish such
indemnifying bonds or pledge such securities as may be required by
the authority. Such indenture may set forth the right and remedies
of the bondholders and of the trustee and may restrict the
individual right of action of bondholders as is customary in trust
indentures securing bonds and debentures of corporations. In
addition, such trust indenture may contain such other provisions as
the authority deems advisable, reasonable, and proper for the
security of the bondholders. All expenses incurred in carrying out
such trust indenture may be treated as a part of the cost of
maintenance, operation, and repair of the project affected by such
indenture or as an administrative expense of the authority.
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