Maryland Code § EN-9-1606

Section EN-9-1606
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(a) (1) A loan made by the Administration shall be evidenced by a loan
agreement.
(2) Loans made from the Water Quality Fund, except for loans made
in accordance with § 9-1605(d)(9) of this subtitle, shall be subject to the provisions of
§ 9-1605(d)(1) of this subtitle.
(3) Loans made from the Drinking Water Loan Fund, except for loans
made in accordance with § 9-1605.1(d)(10) of this subtitle, shall be subject to the
provisions of § 9-1605.1(d)(1) of this subtitle.
(4) Loans made from the Private Dam Repair Fund shall be subject
to the provisions of § 5-509.2 of this article.
(5) Subject to the provisions of any applicable bond resolution, the
Administration may consent to the modification, with respect to rate of interest, time

of payment of any installment of principal or interest, security, or any other term of
any loan agreement or loan obligation.
(6) In connection with any security received by or owned by the
Administration, including any loan obligations, the Administration may commence
any action to protect or enforce the rights conferred upon it by any law or loan
agreement or loan obligation.
(b) Notwithstanding any other provision of public general or public local
law, charter, or ordinance, a borrower may issue and sell loan obligations to the
Administration:
(1) At private sale, without public bidding;
(2) Without regard to any limitations on the denomination of such
obligations; and
(3) At any interest rate or cost or at any price that the borrower
considers necessary or desirable.
(c) A borrower may pay any fees or charges necessary to enable the
Administration to sell its bonds, including any fees for the insurance of its loan
obligations or bonds of the Administration, or to provide any other guarantee, credit
enhancement, or additional security for any such loan obligations or bonds.
(d) (1) Notwithstanding any other provision of public general or public
local law, charter, or ordinance, a borrower may agree with the Administration to
pledge any money that the borrower is entitled to receive from the State, including
the borrower's share of the State income tax, to secure its obligations under a loan
agreement.
(2) The State Comptroller and the State Treasurer shall cause any
money withheld under such a pledge to be paid to, or applied at the direction of, the
Administration.
(e) Each loan agreement shall contain a provision whereby the borrower
acknowledges and agrees that:
(1) The borrower's loan obligation is cancelable only upon repayment
in full; and
(2) Neither the Administration, the Secretary, nor the Board is
authorized to forgive the repayment of all or any portion of the loan, except for:

(i) Loans to disadvantaged communities, pursuant to the
federal Safe Drinking Water Act;
(ii) Loans made in accordance with §§ 9-1605(d)(9) and 9-
1605.1(d)(10) of this subtitle; and
(iii) Loans made in accordance with § 5-509.2(h) of this article.
(f) (1) In the event of a default on a loan obligation by a borrower other
than a local government, the Administration may place a lien against property of the
borrower securing the loan which, subject to the tax liens of the federal, State, and
local governments, shall have the same priority and status as a lien of the State for
unpaid taxes under §§ 14-804 and 14-805 of the Tax - Property Article.
(2) The Administration may exercise the same rights and powers in
enforcing such lien and collecting funds for the payment of amounts in default under
the loan obligation as the State may exercise in collecting unpaid taxes under Title
14, Subtitle 8 of the Tax - Property Article.

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