Sec. 5. (a) The development authority may secure bonds issued under this chapter by a trust indenture between the development authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.
(b) The trust indenture may:
(1) pledge or assign revenue received by the development authority, amounts deposited in the development authority revenue fund, and lease rentals, receipts, and income from leased projects, but may not mortgage land or projects;
(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the development authority and development board;
(3) set forth the rights and remedies of bondholders and trustees; and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the development authority under this section is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment made need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.
As added by P.L.214-2005, SEC.73. Amended by P.L.189-2018, SEC.175.
Structure Indiana Code
Article 7.5. Northwest Indiana Regional Development Authority
Chapter 4. Financing; Issuance of Bonds; Leases
36-7.5-4-1. Development Authority Revenue Fund; Accounts; Use of Money in the Fund; Debt Service
36-7.5-4-2. Revenue Transfers to Fund; Rail Projects
36-7.5-4-4. Bonding; Complete Authority
36-7.5-4-5. Bonding; Security; Trust Indenture
36-7.5-4-6. Bond Refunding; Leases
36-7.5-4-8. Leases; Complete Authority
36-7.5-4-10. Agreements; Common Wall; Easements; Licenses
36-7.5-4-11. Leases or Sale of Projects or Land to Authority
36-7.5-4-12. Option to Purchase Property
36-7.5-4-14. Bonds; Legal Investments
36-7.5-4-15. Bonds; Contesting Validity
36-7.5-4-17. Covenant With Holders
36-7.5-4-18. Exclusive Approval; Development Authority; Financing a Rail Project
36-7.5-4-19. Obligations Legalized and Validated
36-7.5-4-20. Transfer of Money
36-7.5-4-21. West Lake Corridor Project; Failure to Enter Into a Full Funding Grant Agreement