85-1-615. Security interests -- purchase, operation, and resale of encumbered property. (1) The state has a lien upon a project constructed with money from the natural resources projects state special revenue account established in 15-38-302 or the renewable resource loan proceeds account for the amount of the loan and interest due the state. This lien may attach to any project facilities, equipment, easements, real property, shares of stock in a water users' association, revenue of a water users' association, accounts receivable of a water users' association, water purchase agreements, and property of any kind or nature owned by the debtor, including all water rights. The department shall file with the county clerk and recorder of each county in which a part of the project is located either a financing statement or a real estate mortgage covering the loan, its amount, terms, and a description of the security. The county clerk and recorder shall record and index the lien as other liens are required by law to be recorded and indexed. The lien is valid until paid in full or otherwise discharged. The lien must be foreclosed in accordance with applicable state law governing foreclosure of mortgages and liens.
(2) From the funds available under 15-38-301, 85-1-603, or 85-1-617, the state may:
(a) purchase a lien that is prior to the state's lien if:
(i) the director of the department determines that the loan is in default and the prospects for collecting the loan may be materially increased by purchasing the prior lien; and
(ii) the amount to be paid for the prior lien does not exceed the appraised value of the property;
(b) operate property that is subject to the state's lien if the director of the department determines that the loan is in default and that the prospects for collecting the loan may be materially increased by operating the property that is subject to the state's lien; or
(c) purchase a prior lien as provided in subsection (2)(a) and operate property as provided in subsection (2)(b).
(3) Any property acquired under the provisions of this section must be resold as expeditiously as possible to recover funds used under this section and funds loaned to the borrower.
History: En. Sec. 16, Ch. 505, L. 1981; amd. Sec. 41, Ch. 298, L. 1983; amd. Sec. 5, Ch. 491, L. 1989; amd. Sec. 22, Ch. 478, L. 1993; amd. Sec. 3, Ch. 332, L. 1997; amd. Sec. 76, Ch. 7, L. 2001; amd. Sec. 20, Ch. 432, L. 2007; amd. Sec. 13, Ch. 351, L. 2017.