2409 - Remedies of bondholders and noteholders.

§ 2409. Remedies of bondholders and noteholders. (1) In the event that  the  agency  shall default in the payment of principal or of interest on  any issue of bonds or notes after the same shall become due, whether  at  maturity  or  upon  call for redemption, and such default shall continue  for a period of thirty days, or in the event that the agency shall  fail  or  refuse to comply with the provisions of this title, or shall default  in any agreement made with the holders of any issue of bonds  or  notes,  the  holders  of twenty-five per centum in aggregate principal amount of  the bonds or notes of such issue  then  outstanding,  by  instrument  or  instruments  filed in the office of the clerk of the county in which the  principal office of the agency is located, and proved or acknowledged in  the same manner as a deed to be  recorded,  may  appoint  a  trustee  to  represent  the  holders  of  such bonds or notes for the purposes herein  provided.    (2) Such trustee may, and upon  written  request  of  the  holders  of  twenty-five  per  centum in principal amount of such bonds or notes then  outstanding shall, in his or its own name,    (a) enforce all rights of the bondholders  or  noteholders,  including  the  right  to  require  the agency to collect interest and amortization  payments on the mortgages held by it adequate to carry out any agreement  as to, or pledge of, such interest and  amortization  payments,  and  to  require the agency to carry out any other agreements with the holders of  such bonds or notes and to perform its duties under this title;    (b) bring suit upon such bonds or notes;    (c) by action or suit, require the agency to account as if it were the  trustee of an express trust for the holders of such bonds or notes;    (d) by action or suit, enjoin any acts or things which may be unlawful  or in violation of the rights of the holders of such bonds or notes;    (e)  declare  all  such  bonds  or  notes  due  and payable and if all  defaults shall be made good then with the  consent  of  the  holders  of  twenty-five  per  centum  of the principal amount of such bonds or notes  then outstanding, to annul such declaration and its consequences.    (3) Such trustee shall in addition to the foregoing have  and  possess  all  the  powers  necessary  or  appropriate  for  the  exercise  of any  functions specifically set forth  herein  or  incident  to  the  general  representation  of  bondholders  or  noteholders  in the enforcement and  protection of their rights.    (4) Before declaring the principal of bonds or notes due and  payable,  the  trustee  shall  first  give  thirty  days' notice in writing to the  governor, to the agency and to the attorney general of the state.    (5) The supreme court shall have jurisdiction of any suit,  action  or  proceeding  by the trustee on behalf of bondholders or noteholders.  The  venue of any such suit, action, or  proceeding  shall  be  laid  in  the  county in which the principal office of the agency is located.