§18-27-11 Pledge of revenues. - West Virginia Statutes

§18-27-11. Pledge of revenues.
The board shall fix, revise, charge and collect fees and is empowered to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. Each agreement entered into by the board with an institution of higher education shall provide that the fees and other amounts payable by the institution of higher education with respect to any program of the board shall be sufficient at all times, (a) to pay its share of the administrative costs and expenses of such program, (b) to pay the principal of, the premium, if any, and the interest on outstanding bonds of the board, issued in respect of such program to the extent that other revenues of the board pledged for the payment of the bonds are insufficient to pay the bonds as they become due and payable, (c) to create and maintain reserves which may but need not be required or provided for in the bond resolution relating to such bonds of the board, and (d) to establish and maintain whatever education loan servicing, control or audit procedures are deemed to be necessary to the prudent operations of the board. The board shall pledge the revenues from each program, as described in subsection (c), section eight of this article, as security for the issue of bonds relating to such program. Such pledge shall be valid and binding from the time when the pledge is made; the revenues so pledged by the board shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise against the board or any participating institution of higher education, irrespective of whether such parties have notice thereof. Neither the bond resolution nor any financing statement, continuation statement or other instrument by which a pledge is created or by which the board's interest in revenues is assigned need be filed or recorded in any public records in order to perfect the lien thereof as against third parties except that a copy thereof shall be filed in the records of the board and with the state treasurer.