N.M. Stat. § 58-18A-6
Bonds.
A. Bonds of an issuer issued pursuant to the terms of the Municipal Mortgage
Finance Act shall be authorized by ordinance of its governing body and may be issued
in one or more series and shall bear such date or dates, mature at such time or times,
bear interest at such rate or rates, be in such denomination or denominations, be in
such form, either coupon or registered, carry such conversion or registration provisions,
contain such terms, covenants or conditions, be subject to such terms of redemption,
with or without premium, and be executed in such manner as such ordinance or a trust
indenture authorized to be entered into pursuant to such ordinance, may provide.
B. Any such ordinance shall set forth a finding and declaration:
(1)
of the public purpose therefor; and
(2)
that the ordinance is adopted pursuant to the Municipal Mortgage Finance
Act, which finding and declaration shall be conclusive evidence of the existence and
sufficiency of the public purpose and the power to carry out and give effect to such
public purpose.
C. The bonds may be sold at public or private sale, in such manner and upon such
terms as may be authorized by the governing body of the issuer. Pending the
preparation of definitive bonds, interim receipts or certificates in such form and with
such provisions as may be provided in the ordinance or a trust indenture authorized to
be entered into pursuant to the ordinance may be issued to the purchaser or purchasers
of the bonds.
D. Bonds issued pursuant to the Municipal Mortgage Finance Act shall be limited
obligations of the issuer and shall be payable solely from payments and receipts
received with respect to mortgage loans and the property securing such mortgage
loans. The bonds shall not constitute an indebtedness of the issuer or any participating
municipality within the meaning of any constitutional or statutory debt limitation or
restriction and shall not be subject to the provisions of any other law relating to the
authorization, issuance or sale of bonds.
E. In case any of the public officials of the issuer whose signatures appear on any
bonds or coupons issued pursuant to the Municipal Mortgage Finance Act shall cease
to be public officials before the delivery of the bonds, the signatures shall, nevertheless,
be valid and sufficient for all purposes, the same as if the officials had remained in office
until delivery.