6143 - Enforcement of loan agreement.

     § 6143.  Enforcement of loan agreement.        (a)  Posting of security.--The department may, prior to its     approval of any loan application, require that the applicant     post with the department such security as will assure compliance     with the terms of the loan. The amount that shall be posted     shall not exceed 25% of the loan application. After a period of     demonstrated compliance with the loan agreement, the department     may reduce the amount posted or may eliminate the posting     entirely. In the event of a default, the security shall be     utilized for the retirement of the bonds provided for in     Subchapter E (relating to bond issuance).        (b)  Lien.--Upon entering into an agreement with a loan     applicant, the department may enter a lien against the property     of the applicant. The lien shall attach to all property and     rights to the property immediately upon acquisition of any     interest therein by any other corporation, association or     person, whether the interest be legal, equitable or subject to a     security interest as defined by Title 13 (relating to commercial     code), including any interest that may be created therein     pursuant to a trust, lien or other device by a creditor of the     corporation, association or person to secure repayment of any     obligation of the corporation, association or person.        (c)  Recording and priority.--The department shall record the     lien provided for under this section with the office of the     prothonotary of the county wherein the airport is located and     the lien shall be given a priority exceeded only by claims of     the Federal Government, insofar as the laws of the United States     may give a prior claim to the Federal Government.        (d)  Release and appeal.--The department shall release the     lien upon a showing by the applicant that he has not violated     the loan agreement. The applicant may appeal a determination by     the department that he has violated the agreement to the Board     of Finance and Revenue. The appeal shall be made in accordance     with Title 2 (relating to administrative law and procedure),     including appeal to the courts.