261A.15 Pledge of revenues.
1. The authority shall fix, revise, charge, and collect fees and may contract with a person to do so. Each agreement entered into by the authority with an institution shall provide that the fees and other amounts payable by the institution of higher education with respect to a program of the authority are sufficient at all times to meet all of the following:
a. To pay its share of the administrative costs and expenses of the program.
b. To pay the principal of, the premium, if any, and the interest on outstanding obligations of the authority, issued in respect of the program to the extent that other revenues of the authority pledged for the payment of the obligations are insufficient to pay the obligations as they become due and payable.
c. To create and maintain reserves which may but need not be required or provided for in the bond resolution relating to the obligations of the authority.
d. To establish and maintain whatever education loan servicing, control, or audit procedures are deemed by the authority to be necessary to the prudent operation of the authority.
2. The authority shall pledge the revenues from each program as security for the issue of obligations relating to the program. A pledge is valid and binding from the time when the pledge is made, the revenues pledged by the authority are immediately subject to the lien of the pledge without physical delivery of the pledge or further act, and the lien of the pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority or a participating institution, irrespective of whether the parties have notice of the lien. The bond resolution and a financing statement, continuation statement, or other instrument by which the authority’s interest in revenues is assigned need not be filed or recorded in public records in order to perfect the lien against third parties except that a copy of it shall be filed in the records of the authority and with the treasurer of state.
[82 Acts, ch 1031, §15]
2010 Acts, ch 1061, §180
Referred to in §261A.24
Structure Iowa Code
Title VII - EDUCATION AND CULTURAL AFFAIRS
Chapter 261A - HIGHER EDUCATION LOAN AUTHORITY (PRIVATE INSTITUTIONS)
Section 261A.1 - Short title and citation.
Section 261A.2 - Declaration of purpose.
Section 261A.3 - Legislative findings.
Section 261A.5 - Creation as public instrumentality.
Section 261A.6 - Membership of authority.
Section 261A.7 - Duties of authority.
Section 261A.8 - Powers of authority.
Section 261A.9 - Expenses of authority — limitation of liability.
Section 261A.10 - Acquisition of moneys, endowments, properties, and guarantees.
Section 261A.11 - Conveyance of loan funding deposit after payment of principal and interest.
Section 261A.12 - Obligations.
Section 261A.13 - Trust agreement to secure obligations.
Section 261A.14 - Payment of obligations — nonliability of state.
Section 261A.15 - Pledge of revenues.
Section 261A.16 - Funds for sales of obligations as trust funds — application of funds.
Section 261A.17 - Rights of holders of obligations.
Section 261A.18 - Refunding bonds — purpose — proceeds — investment of proceeds.
Section 261A.19 - Investment of funds of authority.
Section 261A.20 - Obligations as legal investments.
Section 261A.21 - Annual report.
Section 261A.22 - Waiver of competitive bidding.
Section 261A.23 - Institution power — interest rates.
Section 261A.24 - Chapter as alternative method — powers not subject to supervision or regulation.
Section 261A.26 - Liberal construction of chapter.
Section 261A.27 - Exercise of powers as essential public function — exemption from taxation.
Section 261A.32 - Legislative findings.
Section 261A.33 - Purpose of subchapter.
Section 261A.34 - Definitions.
Section 261A.35 - General power of authority.
Section 261A.36 - Issuance of obligations.
Section 261A.37 - Loans authorized.
Section 261A.38 - Issuance of obligations — conditions.
Section 261A.39 - General powers — apportionment of costs.
Section 261A.40 - Joint and combination projects.
Section 261A.42 - Obligations.
Section 261A.43 - Resolution provisions.
Section 261A.44 - Obligations secured by trust agreement.
Section 261A.45 - Obligations issued to acquire federally guaranteed securities.
Section 261A.46 - Obligations not liability of state or political subdivision.
Section 261A.47 - Money received by authority.
Section 261A.48 - Powers of holders and trustees.
Section 261A.49 - Bondholders — pledge — agreement of the state.