N.M. Stat. § 21-21A-11
Trust agreements authorized.
In the discretion of the foundation, any bonds issued under the provisions of the
Educational Assistance Act may be secured by a trust agreement by and between the
foundation and a corporate trustee, which may be a bank or trust company having trust
powers within or without the state. The trust agreement or the resolution providing for
the issuance of the bonds may pledge or assign all or any part of the revenues or
assets of the foundation, including without limitation educational loan receipts,
educational loans, federal interest subsidies, special allowance payments and
educational loan commitments; temporary loans, contracts, agreements and other
security or investment obligations; the fees or charges made or received by the
foundation; the money received in payment of educational loans and interest on that
money, including the proceeds of insurance thereon; and any other money received or
due to be received by the foundation. The trust agreement or resolution may contain
such provisions for protecting and enforcing the rights and remedies of the holders of
bonds as may be reasonable and proper and not in violation of law, including covenants
setting forth the duties of the foundation in relation to the purposes to which bond
proceeds may be applied, the disposition or pledging of the revenues or assets of the
foundation and the custody, safeguarding and application of all money. It shall be lawful
for any bank or trust company incorporated under the laws of the state that may act as
depository of the proceeds of bond revenues or other money pursuant to the
Educational Assistance Act to furnish such indemnifying bonds or to pledge such
securities as may be required by the foundation. The trust agreement or resolution may
set forth the rights and remedies of the holders of any bonds and of the trustee and may
restrict the individual right of action by any bondholders. The trust agreement or
resolution may contain such other provisions as the foundation deems reasonable and
proper for the security of the holders of any bonds. All expenses incurred in carrying out
the provisions of the trust agreement or resolution may be paid from the revenues or
assets pledged or assigned to the payment of the principal of and the interest on bonds
or from any other funds available to the foundation.