Sec. 5. (a) A 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 in 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 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.232-2007, SEC.7.
Structure Indiana Code
Article 7.6. Regional Development Authorities
Chapter 4. Financing; Issuance of Bonds; Leases
36-7.6-4-1. Development Authority Fund; Accounts; Debt Service
36-7.6-4-2. Revenue Transfers to Fund
36-7.6-4-4. Bonding; Complete Authority
36-7.6-4-5. Bonding; Security; Trust Indenture
36-7.6-4-6. Bond Refunding; Leases
36-7.6-4-8. Leases; Complete Authority
36-7.6-4-10. Agreements; Common Wall; Easements; Licenses
36-7.6-4-11. Leases or Sale of Projects or Land to Development Authorities
36-7.6-4-12. Option to Purchase Property
36-7.6-4-14. Bonds; Legal Investments
36-7.6-4-15. Bonds; Contesting Validity
36-7.6-4-16. Transfers; Failure to Make Transfer; Duty of State Treasurer