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Session Laws, 1997
Volume 795, Page 3871   View pdf image
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PARRIS N. GLENDENING, Governor

Ch. 673

borrowers pursuant to loan agreements, and may not be paid from any State moneys
appropriated to the Drinking Water Loan Fund, except general funds of the State used to
match federal grants and awards to the Drinking Water Loan Fund.

9-1606.

(a)     A loan made by the Administration shall be evidenced by a loan agreement.
Loans made from the Water Quality Fund shall be subject to the provisions of §
9-1605(d)(1) of this article. LOANS MADE FROM THE DRINKING WATER LOAN FUND
SHALL BE SUBJECT TO THE PROVISIONS OF § 9-1605.1(D)(1) OF THIS SUBTITLE 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.
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)     Notwithstanding any other provision of public general or public local law,
charter, or ordinance, a borrower may agree with the Administration to pledge any
moneys 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. The State
Comptroller and the State Treasurer shall cause any moneys 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 the borrower's loan obligation is cancelable only upon
repayment in full and that neither the Administration, the Secretary, nor the Board is
authorized to forgive the repayment of all or any portion of the loan. EXCEPT FOR
LOANS TO DISADVANTAGED COMMUNITIES, PURSUANT TO THE FEDERAL SAFE
DRINKING WATER ACT.

(F) 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 ALL PROPERTY OF THE BORROWER SECURING THE LOAN WHICH, SUBJECT
TO THE TAX LIENS OF THE FEDERAL, STATE, AND LOCAL GOVERNMENTS, SHALL

- 3871 -

 

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Session Laws, 1997
Volume 795, Page 3871   View pdf image
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