Colorado Code § 35-75-113

Security for bonds and notes
Open in Lexace · Ask the AI about this section
(1) (a) The principal and interest on any
bonds or notes issued by the authority may be secured by a trust indenture by and between the
authority and a corporate trustee, which may be any trust company or bank located within or
without this state having trust powers. Such trust indenture or the resolution providing for the
issuance of such obligations may pledge or assign all or any part of the revenues or assets of the
authority, including, without limitation, temporary loans, contracts, agreements, and other
security or investment obligations, the fees or charges made or received by the authority, and any
other moneys received or due to be received by the authority.
(b) Such trust indenture or resolution may contain such provisions for protecting and
enforcing the rights and remedies of the holders of any of the bonds or notes as may be
reasonable and proper and not in violation of law, including covenants setting forth the duties of
the authority in relation to the purposes to which proceeds of the bonds or notes may be applied,
the disposition or pledging of the revenues or assets of the authority, the terms and conditions for
the issuance of additional bonds or notes, and the custody, safeguarding, and application of all
moneys. Any such trust indenture or resolution may set forth the rights and remedies of the
holders of any bonds or notes and of the trustee and may restrict the individual right of action by
any such holders.
(c) In addition any such trust indenture or resolution may contain such other provision as
the authority may deem reasonable and proper for the security of the holders of any bonds or
notes. All expenses incurred in carrying out the provisions of such indenture or resolution may
be paid from the revenues or assets pledged or assigned to the payment of the principal of and
the interest on bonds or notes or from any other funds available to the authority.
(2) (a) Any pledge made by the authority shall be valid and binding from the time when
the pledge is made. The revenues and moneys so pledged and thereafter received by the authority
shall immediately be subject to lien of such pledge without any physical delivery or further act,
and the lien of such pledge shall be valid and binding against all parties having claims of any
kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have
notice of such lien. Neither the resolution nor any other instrument by which a pledge is created
need be recorded. Each pledge, agreement, and indenture made for the benefit or security of any
of the bonds of the authority shall continue to be effective until the principal of and interest on
the bonds for the benefit of which the same are made has been fully paid or provision for such
payment duly made.
(b) In the event of default in any such payment or in any agreements of the authority
made as part of the contract under which the bonds were issued, whether contained in the
resolutions authorizing the bonds or in any trust indenture executed as security for such bonds,
said payment or agreement may be enforced by suit, mandamus, or either of such remedies.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.