157-17. Power to mortgage when project financed with governmental aid.
In connection with the interim or permanent financing of any project to be permanently financed in whole or in part by a government, or the permanent financing of which is to be secured by a pledge of a government commitment for rental assistance payments, the authority shall also have the power, subject to the consent or approval of any government providing such financing or making such commitment for rental assistance payments, to mortgage all or any part of its property, real or personal, then owned or thereafter acquired, and thereby:
(1) To vest in a government the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings, so long as a government shall be the holder of any of the bonds secured by such mortgage.
(2) To vest in a trustee or trustees the right, upon the happening of an event of default (as defined in such mortgage), to foreclose such mortgage through judicial proceedings or through the exercise of a power of sale without judicial proceedings.
(3) To vest in other obligees the right to foreclose such mortgage by judicial proceedings.
(4) To vest in an obligee, including a government, the right in foreclosing any mortgage as aforesaid, to foreclose such mortgage as to all or such part or parts of the property covered thereby as such obligee (in its absolute discretion) shall elect; the institution, prosecution and conclusion of any such foreclosure proceedings and/or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid. (1935, c. 456, s. 17; 1977, c. 784, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 157 - Housing Authorities and Projects
Article 1 - Housing Authorities Law.
§ 157-2 - Finding and declaration of necessity.
§ 157-4 - Notice, hearing and creation of authority; cancellation of certificate of incorporation.
§ 157-4.1 - Alternative organization any city.
§ 157-4.1A - Alternative organization cities under 250,000 only.
§ 157-5 - Appointment, qualifications and tenure of commissioners.
§ 157-7 - Interested commissioners or employees.
§ 157-8 - Removal of commissioners.
§ 157-9 - Powers of authority.
§ 157-9.2 - Additional powers.
§ 157-9.3 - Mixed income projects owned or operated by authorities.
§ 157-9.4 - Multi-family rental housing projects.
§ 157-10 - Cooperation of authorities.
§ 157-12 - Acquisition of land for government.
§ 157-13 - Zoning and building laws.
§ 157-14 - Types of bonds authority may issue.
§ 157-15 - Form and sale of bonds.
§ 157-16 - Provisions of bonds, trust indentures, and mortgages.
§ 157-17 - Power to mortgage when project financed with governmental aid.
§ 157-18 - Remedies of an obligee of authority.
§ 157-19 - Additional remedies conferrable by mortgage or trust indenture.
§ 157-20 - Remedies cumulative.
§ 157-21 - Limitations on remedies of obligee.
§ 157-22 - Title obtained at foreclosure sale subject to agreement with government.
§ 157-23 - Contracts with federal government.
§ 157-24 - Security for funds deposited by authorities.
§ 157-25 - Housing bonds, legal investments and security.
§ 157-26.1 - Exemption from real estate licensure requirements.
§ 157-29 - Rentals; tenant selections; and summary ejectments.
§ 157-29.1 - Fraudulent misrepresentation.
§ 157-30 - Creation and establishment validated.
§ 157-31 - Contracts, agreements, etc., validated.
§ 157-32 - Proceedings for issuance, etc., of bonds and notes validated.
§ 157-32.1 - Other validation of creation, etc.
§ 157-32.2 - Other validation of contracts, agreements, etc.
§ 157-32.3 - Other validation of bonds and notes.
§ 157-32.4 - Further validation of contracts, agreements, etc.
§ 157-33 - Notice, hearing and creation of authority for a county.
§ 157-34 - Commissioners and powers of authority for a county.
§ 157-35 - Creation of regional housing authority.
§ 157-36 - Commissioners of regional housing authority.
§ 157-37 - Powers of regional housing authority.
§ 157-38 - Rural housing projects.
§ 157-39 - Housing applications by farmers.
§ 157-39.1 - Area of operation of city, county and regional housing authorities.
§ 157-39.2 - Increasing area of operation of regional housing authority.
§ 157-39.3 - Decreasing area of operation of regional housing authority.
§ 157-39.4 - Requirements of public hearings.
§ 157-39.5 - Consolidated housing authority.
§ 157-39.6 - Findings required for authority to operate in municipality.
§ 157-39.7 - Meetings and residence of commissioners.
§ 157-39.8 - Agreement to sell as security for obligations to federal government.