Maryland Code § EN-9-1611

Section EN-9-1611
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(a) Bonds may be secured by a trust agreement by and between the
Administration and a corporate trustee, which may be any trust company or bank
having trust powers, within or without the State. Such trust agreement may pledge
or assign all or any part of the revenues or corpus of the Water Quality Fund,
Drinking Water Loan Fund, the Bay Restoration Fund, or the Chesapeake and
Atlantic Coastal Bays Nonpoint Source Fund, or any account within these funds, and
may pledge or assign or grant a lien on or security interest in any loan agreement or
loan obligation. Any such trust agreement or resolution authorizing the issuance of
bonds may contain such provisions for the protection and enforcement of the rights
and remedies of the bondholders as may be deemed reasonable and proper, including
covenants setting forth the duties of the Administration in relation to the making,
administration and enforcement of loans and the custody, safeguarding and
application of moneys. Such trust agreement may set forth the rights and remedies
of the bondholders and of the trustee and may restrict the individual right of action
by bondholders. In addition to the foregoing, such trust agreement may contain such
other provisions as the Director may deem reasonable and proper for the security of
the bondholders, including, without limitation, covenants pertaining to the issuance
of additional parity bonds upon conditions stated therein consistent with the
requirements of this subtitle.
(b) The proceeds of the sale of bonds shall be disbursed in such manner and
under such restrictions, if any, as may be provided in such trust agreement.
(c) (1) The revenues and moneys designated as security for bonds shall
be set aside at such regular intervals as may be provided in the bond resolution in a
special account in the Water Quality Fund, if the net sale proceeds will be deposited
in the Water Quality Fund, the Drinking Water Loan Fund, if the net sale proceeds
will be deposited in the Drinking Water Loan Fund, the Bay Restoration Fund, if the
net sale proceeds will be deposited in the Bay Restoration Fund, or the Chesapeake
and Atlantic Coastal Bays Nonpoint Source Fund, if the net sale proceeds will be
deposited in the Chesapeake and Atlantic Coastal Bays Nonpoint Source Fund, which
is pledged to, and charged with, the payment of:
(i) The interest upon such bonds as such interest falls due;
(ii) The principal of such bonds as it falls due;

(iii) The necessary charges of the trustee, bond registrar, and
paying agents; and
(iv) The redemption price or purchase price of bonds retired by
call or purchase as provided in the bond resolution or trust agreement.
(2) Any amounts set aside in such special account which are not
needed to provide for the payment of the items included under paragraph (1) of this
subsection may be used for any other lawful purpose, to the extent provided in the
bond resolution. Such pledge shall be valid and binding from the time when the
pledge is made. Such revenues or other moneys so pledged and thereafter received by
the Administration shall immediately be subject to the lien of such pledge without
any physical delivery thereof or further act, and the lien of any such pledge shall be
valid and binding as against all parties having any claims of any kind in tort,
contract, or otherwise against the Administration or the Water Quality Fund, the
Drinking Water Loan Fund, the Bay Restoration Fund, or the Chesapeake and
Atlantic Coastal Bays Nonpoint Source Fund, irrespective of whether such parties
have notice thereof. Neither the bond resolution nor any trust agreement by which a
pledge is created need be filed or recorded except in the records of the Administration,
any public general or public local law to the contrary notwithstanding.
(d) Any net earnings of the Administration, beyond that necessary for the
retirement of bonds or to implement the public purposes or programs of the
Administration, shall not inure to the benefit of any person, other than the State of
Maryland for use to accomplish the purposes of this subtitle.

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