West Virginia Code § 16-18-11

Powers in connection with issuance of bonds or incurring obligations
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under leases.
(a) In connection with the issuance of bonds or the incurring of obligations under leases and
in order to secure the payment of such bonds or obligations, an authority, in addition to its
other powers, shall have power:
(1) To pledge all or any part of its gross or net rents, fees or revenues to which its right then
exists or may thereafter come into existence.
(2) To mortgage all or any part of its real or personal property, tuhen owned or thereafter
acquired.
(3) To covenant against pledging all or any part of its rents, fees and revenues, or against
mortgaging all or any part of its real or personal propearty, to which its right or title then
exists or may thereafter come into existence or against permitting or suffering any lien on
such revenues or property; to covenant with respeclt to limitations on its right to sell, lease
or otherwise dispose of any redevelopment prsoject or any part thereof; and to covenant as to
what other, or additional debts or obligations may be incurred by it.
(4) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow
or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the
replacement of lost, destroyed or mutilated bonds; to covenant against extending the time
for the payment of its bonds or interest thereon; and to covenant for the redemption of the
bonds and to provide the terms and conditions thereof.
(5) To covenant (subject to the limitations contained in this article) as to the amount of
revenues to be raised each year or other period of time by rents, fees and other revenues,
and as to the Vuse and disposition to be made thereof; to create or to authorize the creation of
special funds for moneys held for operating costs, debt service, reserves, or other purposes,
and to covenant as to the use and disposition of the moneys held in such funds.
(6) To prescribe the procedure, if any, by which the terms of any contract with bondholders
may be amended or abrogated, the amount of bonds the holders of which must consent
thereto and the manner in which such consent may be given.
(7) To covenant as to the use, maintenance and replacement of any or all of its real or
personal property, the insurance to be carried thereon and the use and disposition of
insurance moneys, and to warrant its title to such property.
(8) To covenant as to the rights, liabilities, powers and duties arising upon the breach by it of
any covenants, condition or obligation; and to covenant and prescribe as to events of default
and terms and conditions upon which any or all of its bonds or obligations shall become or
may be declared due before maturity, and as to the terms and conditions upon which such
declaration and its consequences may be waived.
(9) To vest in any obligees of the authority the right to enforce the payment of the bonds or
any covenants securing or relating to the bonds; to vest in any obligee or obligees holding a
specified amount in bonds the right, in the event of a default by said authority, to take
possession of and use, operate and manage any redevelopment project or any part thereof,
title to which is in the authority, or any funds connected therewith, and to collect the rents
and revenues arising therefrom and to dispose of such moneys in accordance with the
agreement of the authority with such obligees; to provide for the powers aned duties of such
obligees and to limit the liabilities thereof; and to provide the terms and conditions upon
which such obligees may enforce any covenant or rights securing or rerlating to the bonds.
(10) To exercise all or any part or combination of the powers herein granted; to make such
covenants (other than and in addition to the covenants herein expressly authorized) and to
do any and all such acts and things as may be necessary or ctonvenient or desirable in order
to secure its bonds, or, in the absolute discretion of said authority, as will tend to make the
bonds more marketable notwithstanding that such covenants, acts or things may not be
enumerated herein.
(b) An authority shall have power by its resolustion, trust indenture, mortgage, lease or other
contract to confer upon any obligee holding or representing a specified amount in bonds, the
right (in addition to all rights that may otherwise be conferred), upon the happening of an
event of default as defined in such rgesolution or instrument, by suit, action or proceeding in
any court of competent jurisdiction:
(1) To cause possession of any redevelopment project or any part thereof, title to which is in
the authority, to be surrLendered to any such obligee;
(2) To obtain the appointment of a receiver of any redevelopment project of said authority or
any part thereof, title to which is in the authority, and of the rents and profits therefrom. If
such receiver be appointed, he may enter and take possession of, carry out, operate and
maintain such project or any part thereof and collect and receive all fees, rents, revenues, or
othWer charges thereafter arising therefrom, and shall keep such moneys in a separate
account or accounts and apply the same in accordance with the obligations of said authority
as the court shall direct; and
(3) To require said authority and the commissioner, officers, agents and employees thereof
to account as if it and they were the trustees of an express trust.

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