(50 ILCS 445/6) (from Ch. 85, par. 876)
Sec. 6.
A resolution authorizing issuance of bonds pursuant to this Act may
contain covenants as to (a) the use and disposition of the income and revenues
from
industrial projects for which the bonds are issued, including the creation
and maintenance of reserves; (b) the issuance of other or additional bonds
payable from or with respect to the income from the industrial projects;
(c) the maintenance
and repair of the industrial projects; (d) the insurance to be carried on
the industrial projects and the disposition of insurance proceeds; and (e)
the terms and conditions under which bondholders or their trustees are
entitled to appointment of a receiver by the circuit court with power to
take possession of an industrial project and to lease, maintain, set payments
for, and receive and apply income from the industrial project in the
same manner and to the same extent as the authority.
A resolution authorizing issuance of bonds under this Act may provide
that the principal and interest on bonds issued under authority of this Act
be secured by a mortgage or trust deed covering the industrial project for
which the bonds are issued, and include subsequent improvements or
extensions. The mortgage or trust deed may contain covenants and agreements
to safeguard the bonds. The covenants and agreements shall be provided for
in the resolution authorizing issuance of the bonds and shall be executed
in a manner provided for in the resolution. The covenants and agreements
shall not be inconsistent with this Act. A mortgage or deed of trust by
which a security interest is created, or a financing statement relating
thereto, need not be filed under the Uniform Commercial Code, or otherwise,
in order to perfect such security interest, except in the records of the authority.
The provisions of this Act, resolutions adopted and mortgages and trust
deeds executed under authority of this Act are contracts with the
bondholders and shall remain in effect until the principal and interest on
the bonds issued are paid.
The duties of the authority and its governing body and officers under
this Act, resolutions adopted and mortgages and trust deeds executed, are
enforceable by a bondholder by mandamus, injunction,
foreclosure of a
mortgage or trust
deed or other appropriate civil action in the appropriate circuit court.
(Source: P.A. 90-655, eff. 7-30-98.)
|