§ 13. Remedies of noteholders and bondholders.

1. In the event that the agency shall default in the payment of
principal of or interest on any issue of notes or bonds after the same
shall become due, whether at maturity or upon call for redemption, and
such default shall continue for a period of thirty days, or in the event
that the agency shall fail or refuse to comply with the provisions of
this act, or shall default in any agreements made with the holders of
any issue of notes or bonds, the holders of twenty-five per centum in
aggregate principal amount of the notes or bonds of such issue then
outstanding, by instrument or instruments filed in the office of the
clerk of the county of Albany and proved or acknowledged in the same
manner as a deed to be recorded, may appoint a trustee to represent the
holders of such notes or bonds for the purposes herein provided.

2. Such trustee may, and upon written request of the holders of
twenty-five per centum in principal amount of such notes or bonds then
outstanding shall, in his or its own name:

(a) by suit, action or proceeding in accordance with the civil
practice law and rules, enforce all rights of the noteholders or
bondholders, including the right to require the agency to collect fees
and charges and interest and amortization payments on mortgages
purchased and eligible loans made by it adequate to carry out any
agreement as to, or pledge of, such fees and charges and interest and
amortization payments on such mortgages and loans and other properties
and to require the agency to carry out any other agreements with the
holders of such notes or bonds and to perform its duties under this act;

(b) bring suit upon such notes or bonds;

(c) by action or suit, require the agency to account as if it were the
trustee of an express trust for the holders of such notes or bonds;

(d) by action or suit, enjoin any acts or things which may be unlawful
or in violation of the rights of the holders of such notes or bonds;

(e) declare all such notes or bonds due and payable and if all
defaults shall be made good, then, with the consent of the holders of
twenty-five per centum of the principal amount of such notes or bonds
then outstanding, to annul such declaration and its consequences.

3. Such trustee shall in addition to the foregoing have and possess
all of the powers necessary or appropriate for the exercise of any
functions specifically set forth herein or incident to the general
representation of bondholders or noteholders in the enforcement and
protection of their rights.

4. The supreme court shall have jurisdiction of any suit, action or
proceeding by the trustee on behalf of such noteholders or bondholders.
The venue of any such suit, action or proceeding shall be laid in the
county of Albany.

5. Before declaring due and payable the principal of notes or bonds
issued in connection with any mortgage purchased by the agency or
securing an eligible loan made by the agency, the trustee shall first
give thirty days' notice in writing to the governor, to the agency, to
the commissioner and to the attorney general of the state.