2016 South Dakota Codified Laws
Title 13 - EDUCATION
Chapter 19 - School District Bonds And Notes
§ 13-19-30 Agreement for payment of amounts due but not yet paid--Trustee--Security interest perfected.
13-19-30. Agreement for payment of amounts due but not yet paid--Trustee--Security interest perfected. Any school district may enter into an agreement with the Health and Educational Facilities Authority and any financial institution acting as trustee or paying agent for bonds, leases, certificates, or other obligations, issued for the purpose of implementing § 13-19-29. The agreement may contain such provisions as the authority deems necessary and may provide that the financial institution may act as trustee for the benefit of and on behalf of the authority and be held accountable as the trustee of an express trust for the application and disposition of the state aid under Title 13 and other funds or amounts pledged by any school district, including the income and proceeds therefrom, solely for the uses and purposes as provided in the agreement. A copy of the agreement and any revisions or supplements to it, shall be filed with the secretary of the Department of Education to perfect the lien and security interest of the authority in the state aid under Title 13 and other funds or amounts pledged by any school district. No filing, recording, possession, or other action under the uniform commercial code or any other law of this state may be required to perfect the lien and security interest of the authority. The lien and security interest of the authority is deemed perfected, and the trust for the benefit of the authority so created is binding as of the date when the school district makes such pledge, notwithstanding the time of the filing with the secretary of the Department of Education, against all parties having prior or subsequent liens, security interests, or claims of any kind in tort, in contract or otherwise.
Source: SL 1989, ch 146, § 9; SL 1999, ch 84, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 89, § 20.
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