North Carolina § 131A-6 - Additional powers of public agencies.

§ 131A-6. Additional powers of public agencies.

For the purposes of this Article, public agencies are authorized and empowered to enter into contracts and agreements, including loan agreements and agreements of sale or lease, with the Commission to facilitate the financing or refinancing, acquiring, constructing, equipping, providing, operating and maintaining of health care facilities and pursuant to any such loan agreement or agreement of sale or lease to operate, repair and maintain any health care facilities and, subject to the provisions of G.S. 131A-8, to pay the cost thereof and the loan repayments, purchase price payments or rent therefor from any funds available for such purposes. In addition, public agencies may mortgage, pledge, assign, grant a security interest in, or otherwise encumber a health care facility, whether owned or leased, to secure obligations under a loan agreement or similar debt instrument in connection with the issuance of bonds or notes by the Commission under this Article. Property subject to a mortgage, deed of trust, security interest, or similar lien pursuant to this section may be sold at foreclosure in any manner permitted by the instrument creating the encumbrance, without compliance with any other provision of law regarding the disposition of publicly owned property. The granting of a lien on, or security interest in, a health care facility and the conveyance of this property pursuant to the provisions of the lien or security interest are not subject to the provisions of G.S. 131E-8, 131E-13, or 131E-14. History (1975, c. 766, s. 1; 1979, c. 54, s. 8; 2005-238, s. 14; 2019-240, s. 27.1(a), (b).) Editor's Note. - Session Laws 2005-238, s. 15, provides: "The General Assembly finds that the provisions of this act are necessary for the health and welfare of the State and as such finds that the act shall be construed liberally to effect its purposes." Session Laws 2005-238, s. 16, is a severability clause. Session Laws 2019-240, s. 27.1(a), effective November 6, 2019, provides: "G.S. 131A-1 through G.S. 131A-25 are designated as Article 1 of Chapter 131A of the General Statutes, which is entitled ‘Health Care Facilities Finance Act.'” Session Laws 2019-240, s. 27.1(b), provides: "The Revisor of Statutes shall change any references in Article 1 of Chapter 131A of the General Statutes from 'this Chapter' to 'this Article.' " Pursuant to this authority, references have been conformed in this section. Effect of Amendments. - Session Laws 2005-238, s. 14, effective August 1, 2005, added the last three sentences.