# Appendix 2

**RESIDENTIAL LEASE OF TRIBAL OWNED LAND**

> Lease No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Contract No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

THIS Lease is made and entered into by and between
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for and on behalf of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tribe of Indians, hereinafter
designated as "Lessor," and
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
members of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tribe and residing
upon the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Indian Reservation,
hereinafter designated as "Lessee."

WITNESSETH

1\. SECRETARIAL APPROVAL; FEDERAL AGENCY APPROVAL; DEFINITIONS OF
FEDERAL AGENCY, TRIBE, and LENDER. As used in this Lease, the term
"Secretary" means the Secretary of the Interior or his or her duly
authorized representative. This Lease is subject to the approval of the
Secretary pursuant to the Act of August 9, 1955, 69 Stat. 539, as
amended, 25 U.S.C. § 415, as implemented by Title 25, Code of Federal
Regulations, Part 162. The form of this Lease has been accepted by the
Secretary of Housing and Urban Development (HUD) pursuant to 24 C.F.R. §
203.43h(c), which implements Section 248 of the National Housing Act, 12
U.S.C. § 1715z-13, for use in connection with Federal Housing
Administration (FHA) insurance of a mortgage on the interest created by
this Lease, and pursuant to 24 C.F.R. § 1005.107, which implements
Section 184 of the Housing and Community Development Act of 1992 (Pub.
L.102-550) for use in connection with HUD's issuance of a loan guarantee
of a mortgage on the interest created by this Lease. The form of this
Lease has also been accepted by the Secretary of the United States
Department of Agriculture (USDA) for use in connection with the issuance
by USDA or its Rural Housing Service (RHS) of a direct or guaranteed
loan pursuant to section 502 of the Housing Act of 1949 as amended, 42
U.S.C. § 1472, and accepted by the Secretary of the Veterans Affairs
(VA) for use in connection with the issuance by VA of a direct or
guaranteed loan pursuant to chapter 37 of Title 38, United States Code,
secured by the interest created by this Lease. As used in the context of
this Lease, the term "Tribe or Tribal" refers to the respective Tribe
who enters into this Lease as the "Lessor." For future reference,
"Federal Agency refers to HUD, VA, and USDA. When used in this Lease,
the "lender" is any mortgagee that a Federal Agency has approved or a
Federal Agency which makes a direct loan. With respect to mortgages
which are insured under Section 248 of the National Housing Act, the
lender must be approved by the Federal Housing Administration. The term
"lender" also includes any of the lender's successors or assigns of the
lender's right, title to, or interest in, the Mortgage and any
subsequent noteholder secured by the Mortgage. The assignment of the
mortgage or any interest therein does not require the consent of the
Tribe.

2\. PREMISES. Lessor hereby Leases to the Lessee all that tract or
parcel of land situated on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Indian
Reservation, County of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, State of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and described as follows (the Leased
Premises):

> \[description\], \_\_\_\_\_\_\_\_\_\_\_\_ County,
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Indian Reservation,
> \_\_\_\_\_\_\_\_\_\_\_\_\_approximately \_\_\_\_\_\_ acres.

3\. USE OF PREMISES. The purpose of this Lease is to enable the Lessee
to construct, improve, and maintain a dwelling and related structures on
the Leased Premises, and otherwise to use said premises as a principal
residence. The Lessee agrees not to use any part of the Leased Premises
for any unlawful conduct or purposes and will comply with all applicable
Federal Laws.

4\. TERM. Lessee shall have and hold the Leased Premises for a term of
\_\_\_\_ years beginning on the effective date of this Lease. This Lease
may not be terminated by either or both parties during its term if, and
as long as, the Lease and/or any improvements on the premises, or any
interest therein, is mortgaged or otherwise pledged as security for any
loan in accordance with the provisions hereof, unless consent in writing
to such termination is given by the lender and, if the loan is
guaranteed, insured, or made by a Federal Agency, a written consent of
that agency is also required. This Lease shall not be subject to any
forfeiture or reversion and shall not be otherwise terminable, if such
event would adversely affect any interest in the Leased Premises,
including improvements thereon, acquired in accordance with the
provisions hereof by the holder of any mortgage or other lien, or of any
purchaser at a foreclosure sale under such mortgage (or lien) or under
any conveyance given in lieu of foreclosure, or of any holder subsequent
to such purchase. In the event a Federal Agency acquires a mortgage on
the interest created by this Lease by assignment from a lender, the
Lessor shall not terminate the Lease without the written consent of the
respective Federal Agency, as long as the mortgage is in force.

5\. RENT. The improvement of housing for Tribal families is a public
purpose of the Lessor. The consideration for this Lease is (1) the
obligation of Lessee to further said purpose, (2) the promise hereby
given by Lessee to pay the Lessor rent at the rate of
\$\_\_\_\_\_\_\_\_\_\_ per \_\_\_\_\_\_\_, (3) the extinguishment,
hereby agreed to by Lessee, of any and all use rights heretofore held by
Lessee in the Leased Premises, so that Lessee shall hereafter hold
rights only by virtue of this Lease, and (4) other good and valuable
considerations, the receipt of which is hereby acknowledged by Lessor.
Rent may be subject to adjustment pursuant to 25 CFR 162.

6\. IMPROVEMENTS. All buildings or other improvements now existing or
hereafter constructed on the Leased Premises shall be the leasehold
property of the Lessee during the term of this Lease, including any
extension or renewal thereof. During the term of this Lease, Lessee
shall obtain any necessary governmental permits, approvals or
authorization required for the construction and use of all improvements
he or she (they) places or cause(s) to be placed on the Leased Premises,
and shall comply with all laws applicable to the construction and use of
improvements.

7\. USE RIGHT. Upon expiration of this Lease, or upon its termination in
accordance with the terms hereof, unless such termination is due to
default upon the part of Lessee, Lessee or any successors in interest
shall be entitled to use rights in the Leased Premises if qualified
under the laws of the Tribe. If not so eligible, Lessee, his or her
(their) subLessee and any successors in interest shall, upon demand,
surrender to Lessor upon expiration or other termination of this Lease
complete and peaceable possession of the Leased Premises and all
improvements thereon which have not been relocated as permitted under
Paragraph 23 of this Lease, which shall be the property of the Tribe.

8\. FEDERAL SUPERVISION.

> \(a\) Nothing contained in this Lease shall operate to delay or
> prevent a termination of Federal responsibilities with respect to the
> Leased Premises by the issuance of a fee patent, the lifting of
> restrictions on alienation, or otherwise during the term of the Lease;
> such termination, however, shall not serve to abrogate the Lease.
>
> \(b\) No member of Congress or any delegate thereto or any Resident
> Commissioner shall be admitted to any share or part of this Lease or
> to any benefit that may arise herefrom.

9\. QUIET ENJOYMENT. Lessor agrees to defend the title to the Leased
Premises and also agrees that Lessee and any successors in interest
shall peaceably and quietly hold, enjoy and occupy the Leased Premises
for the duration of this Lease without any hindrance, interruption,
ejection or molestation by Lessor or by any other persons whomsoever,
except if the requirements of any part of this Lease are not kept by the
Lessee. Notwithstanding the foregoing, Lessee and his or her (their)
assigns is (are) subject to all the laws of the Tribe to the same extent
as any other Tribal member or resident.

10. ASSIGNMENT AND SUBLEASE.

> \(a\) Except as otherwise provided herein, Lessee shall not assign or
> sublet this Lease without the prior written consent of the Lessor and
> sureties (as found in 25 CFR 162), and approval of the Secretary of
> the Interior. If this Lease and/or any improvements on the Leased
> Premises are mortgaged or pledged as security for a loan, Lessee shall
> not assign or sublet this Lease without the written approval of the
> lender and the respective Federal Agency. Lessee may assign the Lease
> and deliver possession of the Leased Premises, including any
> improvements thereon, to the lender or its successors, or Federal
> Agency guaranteeing or insuring the loan, if Lessee default(s) in any
> mortgage or other loan agreement for which the Lease and/or
> improvements on the Leased Premises are pledged as security, and, in
> such event, the lender or its successors in interest may transfer this
> Lease or possession of the Leased Premises to a successor Lessee;
> provided, however, that the Lease may only be transferred to another
> member of the Tribe or tribal entity. Nothing in this Lease shall
> prevent the Lessee, with the approval of the Secretary of the Interior
> and the Secretary of HUD (for Section 248 insured loans), from
> executing and recording a mortgage, declaration of trust and/or other
> security instrument as may be necessary to obtain financing for the
> purchase of a dwelling, refinancing of an existing mortgage,
> construction and/or improvement of a dwelling and related structures,
> or shall prevent the mortgagee or other lender from foreclosing or
> instituting other appropriate proceedings under law in the event of
> default of any mortgage or other loan agreement by the Lessee, or
> assigns. Except in cases involving loans for home construction or home
> improvement by a bank, recognized lending institution, or a lending
> agency of the United States Government, where no such consent or
> approval of Lessor shall be required, Lessee may not execute a
> mortgage, declaration of trust or other security instrument pledging
> their interest in this Lease or any improvements on the Leased
> Premises without the prior written consent of Lessor and the approval
> of the Secretary.
>
> Notwithstanding the provisions contained above, the following
> additional requirements shall be applicable to a Lease, which secures
> a mortgage insured, guaranteed or held by a Federal Agency:
>
> \(b\) Notwithstanding that the term sublease is used herein, the
> Lessee shall not sublease the premises if the Lease is the security
> for a mortgage insured under Section 248. The lessee may assign the
> lease in accordance with the terms hereunder.
>
> In the event a Federal Agency is the lender or acquires the mortgage
> secured by this Lease, and subsequently acquires said Lease by
> foreclosure, or by the assignment of said Lease by Lessee, his or her
> (their) Lessees or assigns (for which the approval of the Tribe is not
> required), then:
>
> \(1\) The appropriate Federal Agency, (the Agency involved in this
> transaction) will notify the Tribe of the availability of the Lease
> for sale, the sales price of the home and other terms of sale.
>
> \(2\) The Lease may only be assigned to another tribal member or
> tribal entity, except that the appropriate Federal Agency may lease
> the Leased Premises to a non-member under the conditions specified
> herein. Any such sublease or assignment shall be executed consistent
> with tribal law and Federal law.
>
> \(3\) If a purchaser is found, the Lease will be transferred by the
> Federal Agency, to the purchaser, with the prior written consent of
> the appropriate Tribe.
>
> \(4\) If a purchaser cannot be found, the appropriate Federal Agency,
> shall be entitled to sublease the Leased Premises and improvements
> without the prior written approval of the Tribe. Such sublease shall
> be to a member of the Tribe, unless a tribal member Lessee cannot be
> found, in which case the Federal Agency may sub-Lease to any
> individual. The term of the initial Lease period and any succeeding
> period shall not exceed one year each. Any purchase of the Lease shall
> be subject to any sublease by the Federal Agency pursuant to this
> subsection.
>
> \(5\) No mortgagee (except a Federal Agency as mortgagee or assignee
> of a mortgagee) may obtain title to the interest created by this Lease
> without the prior written consent of the Tribe.
>
> In the event that the lender is the entity responsible for acquiring
> the Lease and the leasehold estate by foreclosure, the lender shall
> have the rights of the Federal Agency who had insured or guaranteed
> the foreclosed mortgage under subparagraphs (1) through (5) above,
> provided this sentence does not apply to loans insured under HUD/FHA's
> Section 248 program.

11\. OPTION. Subsequent to Lessee's breach of any covenant or agreement
under a mortgage or other security instrument for which the Lease or any
improvements on the Leased Premises are pledged as security, and upon
the expiration of any applicable cure period, the Lessor shall have an
option (the "option" herein) to acquire the Lessee's Leasehold interest,
(subject to all valid liens and encumbrances) upon either payment in
full of all sums secured by the mortgage or assumption of the loan with
the approval of the lender or the applicable Federal Agency as evidenced
by the note and mortgage and execution of an assumption agreement
acceptable in all respects to the Lender. Such option is subject to the
following conditions:

> \(a\) If the Lessee or any assignee of Lessee fails to cure the
> default, the lender shall give written notice to the Lessor and any
> applicable Tribal housing authority of Lessee's of its assignee's
> failure,
>
> \(b\) If the Lessee fails to cure the default, and said notice shall
> be given before the lender or successor invokes any other remedies
> provided under the mortgage or by law. Thereafter, the lender may
> issue an acceleration notice to the Lessee, its Lessees or assigns,
> under the mortgage or other security instrument, requiring the Lessee,
> its Lessees or assigns to pay all sums secured by the mortgage or
> other security instrument. If the Lessee, its Lessees or assigns fail
> to cure the default in accordance with the terms of the lender's
> acceleration notice, the lender shall give the Lessor written notice
> of said failure to cure. The Lessor may exercise its option at any
> time within thirty (30) days of the date of the lender's written
> notice to the Tribe of said failure to cure. This option shall be
> exercised by notice in writing from the Lessor to the Lessee and the
> lender.
>
> \(c\) Notwithstanding the Lessor's option to acquire the Lessee's
> interest in the Leased Premises, such option shall be subject to any
> right the Lessee may have under the mortgage or by law to
> reinstatement after the acceleration, and the right to bring
> appropriate court action to assert the non-existence of a default or
> any other defense to acceleration and sale or foreclosure.
>
> \(d\) The estate acquired by the Lessor through the exercise of the
> option shall not merge with any other estate or title held by the
> Lessor as long as the leasehold interest or any improvements on the
> Leased Premises, or any interest therein, are mortgaged or otherwise
> pledged as security for any loan, and the leasehold interest shall
> remain subject to any valid and subsisting mortgage or other security
> instrument.

12\. RESERVATIONS: Lessee shall use the premises exclusively for
residential purposes, except as otherwise agreed to by the parties. Any
rights not expressly provided are reserved by the Lessor.

> Minerals: The Lessor reserves all rights, as owned by the Lessor, to
> all mineral rights, including but not limited to oil, gas, or
> hydrocarbon substances. The Lessor shall not exercise surface entry in
> connection with reserved mineral rights without prior consent of the
> Lessee and sureties (as found in 25 CFR 162).
>
> Timber: The Lessor reserves all rights, as owned by the Lessor to
> timber and forest products on the premises.
>
> Water: The Lessor reserves all rights, as owned by the Lessor, to
> water on the premises, except that which is needed for residential
> purposes.

13\. EFFECTIVE DATE. This Lease and all its terms and provisions shall
be binding upon the successors, and assigns of the Lessee and any
successor in interest to the Lessor, and shall take effect on the
\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_, or
upon the date of approval by the Secretary, whichever is later.

14\. OBLIGATION TO THE UNITED STATES. It is understood and agreed that
while the Leased Premises are in trust or restricted status, all of the
Lessee's obligations under this Lease, and the obligation of his, hers
(theirs) sureties, are to the United States as well as to the owner of
the land.

15\. ASSENT NOT WAIVER OF FUTURE BREACH OF COVENANTS. No assent, express
or implied, to any breach of any of the Lessee's covenants, shall be
deemed to be a waiver of any succeeding breach of any covenants.

16\. VIOLATIONS OF LEASE. It is understood and agreed that violations of
this Lease shall be acted upon in accordance with the regulations in 25
CFR Part 162.

17\. CARE OF PREMISES. It is understood and agreed that the Lessee is to
keep the premises covered by this lease in good repair. Lessee shall not
commit or permit to be committed any waste whatever on said premises and
shall not remove or tear down any building or other improvements
thereto, but shall keep the same in good repair. Lessee shall not
destroy or permit to be destroyed any trees, except with the consent of
the Lessor and the approval of the Secretary, and shall not permit the
premises to become unsightly. The Lessee will be held financially
responsible for all unrepaired damages to buildings, fences,
improvements or appearance, except for the usual wear and decay.

18\. FORCE MAJEURE. Whenever under this instrument a time is stated
within which or by which original construction, repairs or
re-construction of said improvements shall be completed, and if during
such period any cause reasonably beyond the Lessee's power to control
occurs, the period of delay so caused shall be added to the period
allowed herein for the completion of such work.

19\. INSPECTION OF THE PREMISES. The Secretary, lender, applicable
Federal Agency, and the Lessor and their authorized representative shall
have the rights, at any reasonable times during the term of this lease,
and with reasonable notice, to enter upon the leased premises, or any
part thereof, to inspect the same and all buildings and other
improvements erected and placed thereon.

20\. INDEMNIFICATION. Neither the Lessor nor the United States, nor
their officers, agents, and employees shall be liable for any loss,
damage, or injury of any kind whatsoever to the person or property of
the Lessee or sublessees or any other person whomsoever, caused by any
use of the leased premises, or by any defect in any structure erected
thereon, or arising from any accident, fire, or other casualty on said
premises or from any other cause whatsoever; and Lessee, as a material
part of the consideration for this lease, hereby waives on Lessee's
behalf all claims against Lessor and/or the United States and agrees to
hold Lessor and/or the United States free and harmless from liability
for all claims for any loss, damage, or injury arising from the use for
the premises by Lessee, together with all costs and expenses in
connection therewith.

21\. UTILITIES. Neither the Lessor nor the United States shall have any
obligation to provide utilities as of the commencement of this Lease. In
the event that the Lessee requires utilities, the installation and
maintenance thereof shall be the Lessee's sole obligation, provided that
such installation shall be subject to the written consent of the Lessor,
which the Lessor will not unreasonably withhold. The Lessee shall pay,
as they become due, all bills for electricity and other utilities that
are furnished to the leased premises.

22\. LATE PAYMENT INTEREST. It is understood and agreed between the
parties hereto that, if any installment of rental is not paid within 30
days after becoming due, interest will be assessed at the existing prime
rate, plus three (3) percent, times the amount owned for the period
during which payments are delinquent. Interest will become due and
payable from the date such rental becomes due and will run until said
rental is paid. The interest rate formula is Interest = (Prime rate +
3%) times (x) amount due.

23\. RIGHT OF REMOVAL. Upon the termination of the lease, the Lessee of
a one-unit single family dwelling shall be entitled, within \_\_\_\_\_\_
days, to remove the dwelling and related structures from the leased
premises and relocate such improvements to an alternative site, not
located on the leased premises. Any Lessee who exercises such a right
shall be required to pay all costs related to the relocation of the
dwelling unit. Lessee shall leave the land in good order and condition.
All other improvements shall become the property of the Lessor at the
expiration of this lease. This paragraph does not apply to Section 248
insured mortgage loans.

24\. INSURANCE. The Lessee agrees, so long as this lease is in effect,
to keep buildings and improvements on the leased premises insured
against loss or damage by fire with extended coverage endorsements in an
amount equal to the full insurable value of the buildings and
improvements insured. Said policy is to be made payable to the Bureau of
Indian Affairs for the benefit of the Lessor. Said policy or policies
shall be deposited with the Secretary and Lessee shall pay all premiums
and other charges payable in respect to such insurance and shall deposit
with the Secretary the receipt for each premium or other charge as paid
or satisfactory evidence thereof. Except, during such time that a
mortgage is in effect against this Leasehold interest, that said policy
is to be made jointly payable to the Lessee and the Lender, and premium
payments provided for per specific requirements of the Lender.

25\. ADDITIONS. Prior to execution of this Lease, provision (s) number
(s)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

has (have) been added hereto and by reference is (are) made a part
hereof.

WITNESS: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
Lessor

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

WITNESS:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Lessee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

APPROVED:

SECRETARY OF THE INTERIOR

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

BY: Date

This lease is approved pursuant to the authority delegated by

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Approving Official

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date

**Checklist for Tribal Approval for Participation in Mortgage Loan
Programs Sponsored by the U.S. Departments of Housing and Urban
Development, Agriculture and Veterans Affairs.**

> 1\. Evidence that the tribe has enacted legally binding and effective
> foreclosure procedures and will enforce those procedures upon notice
> of default from a lender and/or Agency noted above.
>
> 2\. Evidence that the tribe has enacted legally binding and effective
> eviction procedures and will enforce those procedures upon notice of
> default from a lender and/or an Agency noted above.
>
> 3\. Evidence that the tribe has adopted procedures ensuring that the
> Federally guaranteed or insured will always have first lien priority
> ([if applicable]{.underline}) and will be satisfied before all other
> property debts (excepting tribal taxes) OR has adopted legislation
> requiring the tribe to follow state or local priority of lien
> procedures.
>
> 4\. A copy of the tribe's lease for use on residential land.
>
> 5\. Submission of an affirmation signed by the tribe stating that the
> tribe understands the importance of maintaining and enforcing these
> procedures.
>
> 6\. Submission of an affirmation signed by the tribe stating that the
> tribe agrees that it will permit HUD, USDA and VA and/or the lender or
> their agents to access mortgaged properties for the purpose of
> evaluating and servicing loan-related items.
>
> **MEMORANDUM OF UNDERSTANDING**
>
> **BETWEEN**
>
> **THE \_\_\_\_\_\_\_\_\_\_\_\_NATION**
>
> **AND**
>
> **{fill in the name of the reviewing/approving Agency}**
>
> Whereas, the Secretaries of Housing and Urban Development (HUD),
> Veterans Affairs (VA) and Agriculture (USDA) are authorized to make,
> insure and/or guarantee loans to American Indian borrowers for the
> purchase of one-to-four family residences located on certain Indian
> lands (as defined in each Federal Agency's authorizing statute), and
>
> Whereas the Federal Agencies require, as a condition of making,
> insuring or guaranteeing these mortgages, that the tribal organization
> which has jurisdiction over the borrower enter into a Memorandum of
> Understanding with the Departments with respect to such loans, and
>
> Whereas, the signature on this Memorandum of Understanding of any one
> of the Secretaries for the Department of HUD, VA, or USDA, is deemed
> to be acceptable to each of the other Departments per the Memorandum
> of Understanding between those Federal Agencies dated
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> Now therefore, in consideration of the premises and other good and
> valuable consideration, the parties hereto do agree and establish as
> follows:
>
> 1\. [DEFINITIONS]{.underline}
>
> [American Indian or Native American]{.underline} shall refer to the
> borrower/mortgagor or Lessee as defined within each Agency's
> authorizing statute. Depending upon the authorizing statute, this may
> mean a member of a federally recognized tribe (Native American,
> Indian, Alaska Native individual or family), the tribe, a Tribally
> Designated Housing Entity (TDHE) or Indian Housing Authority (IHA).
>
> [Borrower]{.underline} shall mean a federally recognized Tribe,
> Tribally Designated Housing Entity (TDHE), Indian Housing Authorities
> (IHA) or any American Indian, Native American(s), Indian or Alaska
> Native who has executed a Mortgage as defined in this document, or any
> heir(s) successor(s), executor(s), administrator(s) or assign(s) of
> the Tribe, TDHE, IHA or such American Indian, Native American(s),
> Indian or Alaska Native as may be eligible to participate in a
> federally sponsored loan program as defined in each Federal Agency's
> authorizing statute. [Eviction]{.underline} the legal process by which
> lessees in violation of their lease are removed from occupancy of a
> given residence.
>
> [Federal Agency]{.underline} shall refer to the U.S. Department of
> Housing and Urban Development (HUD), the U.S. Department of Veterans
> Affairs (VA) and the U.S. Department of Agriculture (USDA).
>
> [Federally sponsored loan program]{.underline} refers to the loan
> programs, sponsored by HUD, VA and USDA whose purpose is to provide
> homeownership opportunities to Native Americans, American Indians or
> Alaska Natives on certain Indian lands as defined within each of those
> Federal Agency's authorizing statutes.
>
> [Leasehold interest]{.underline} is the name given to the interest
> conveyed by the tribe to the borrower under the lease. It consists of
> the right to the quiet enjoyment of the leased premises for the term
> of the lease, subject to the requirements of the lease.
>
> [Lender]{.underline} shall refer to any institution that the specific
> Federal Agency has approved to originate or service Mortgages made,
> insured or guaranteed under its programs. The term "lender" also
> includes any of the lender's successors or assigns of the lender's
> right, title to, or interest in, the Mortgage, including any
> subsequent noteholder and mortgagee and, without the consent from the
> tribe, any secondary mortgage market investor. In some cases, the
> lender may be the appropriate Federal Agency which is sponsoring a
> direct loan program.
>
> [Mortgage]{.underline} shall mean a mortgage loan made to an eligible
> borrower for the purchase or refinance of the borrower's real property
> interest (which may be a leasehold interest) in the trust land,
> restricted land or fee simple land, as applicable, and made in
> accordance with a Federally sponsored loan program and complying with
> the terms and conditions of the lender's mortgage program. The
> mortgage loan shall be either a first lien or a second lien, in
> accordance with the Federally sponsored loan program requirements.
>
> [Secretary]{.underline} shall mean the Secretary of the U. S.
> Department of Housing and Urban Development (HUD) or the Secretary of
> the Department of Veterans Affairs (VA) or the Secretary of the U.S.
> Department of Agriculture (USDA).
>
> [Tribe]{.underline} shall refer to any Indian tribe, band, nation, or
> other organized group or community of Indians, including any Alaska
> Native village or regional or village corporation as defined in or
> established pursuant to the Alaska Native Claims Settlement Act, that
> is recognized as eligible for the special programs and services
> provided by the United States to Indians because of their status as
> Indians pursuant to the Indian Self-Determination and Education
> Assistance Act of 1975. For the purpose of this specific Memorandum of
> Understanding, Tribe refers to the \_\_\_\_\_\_\_\_\_\_\_\_ Indian
> Nation, a federally recognized tribe, of the \_\_\_\_\_\_\_\_\_\_\_
> Indian Reservation as defined in the Tribal constitution, ordinance or
> other enabling document.
>
> 2\. [AGREEMENT]{.underline}
>
> \(a\) That the Department of HUD, VA and/or USDA, will make, insure
> and/or guarantee mortgages available to qualified American Indian
> borrowers for the purchase, construction or rehabilitation of homes on
> Indian lands or refinances of such mortgages to the extent funds are
> available and subject to such terms and conditions as may be
> established by the Secretary of the applicable Federal Agency.
>
> \(b\) That the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tribe has established
> standards and procedures that apply to the conveyance of a leasehold
> interest in real property by an American Indian borrower/mortgagor to
> a lender, Federal Agency or their assignee as security for the loan,
> including procedures for foreclosing the interest, eviction and
> procedures for resale of the lot or the dwelling (or both) purchased,
> constructed, rehabilitated or refinanced using the proceeds of the
> loan. It is agreed that for the purpose of foreclosure and eviction
> actions, the court of jurisdiction is (\_\_) the State of
> \_\_\_\_\_\_\_\_\_\_, or (\_\_) the Tribal court, or (\_\_\_) the
> Federal Court.
>
> \(c\) That each American Indian who is under the jurisdiction of the
> Indian tribe and to whom a lender and/or Federal Agency makes direct,
> insures or guarantees a loan, holds, possesses or will obtain a
> leasehold or other acceptable interest in a lot that is located on
> Indian land and will purchase, construct, rehabilitate or refinance a
> dwelling on that lot with the proceeds of the loan.
>
> \(d\) That each such American Indian will convey the above described
> interest to the lender and its assignees as specified in the
> borrower/mortgagor's loan documents, by an appropriate instrument, as
> security for the loan made pursuant to that Federal Agency's
> authorizing statute.
>
> \(e\) That the tribe and each borrower/mortgagor who obtains a loan
> from a lender or Federal Agency under this agreement will permit the
> lender and/or the Federal Agency, its agents and employees to enter
> upon the land of the tribe and the borrower/mortgagor for the purpose
> of carrying out such actions as the lender and/or Secretary determines
> are necessary to evaluate the advisability of the proposed uses of the
> proceeds of the loan and to service the mortgage according to the
> applicable Agency's requirements.
>
> \(f\) With respect to any leasehold estate financed by a loan, the
> tribe, as lessor, agrees that it shall not attempt to cancel, modify,
> amend, terminate, surrender or forfeit such a leasehold estate without
> the prior written consent by the Lender and the Secretary of the
> Federal Agency that has made direct, insured or guaranteed the loan,
> as long as such a loan remains outstanding. With regard to any loan
> submitted to HUD, VA or USDA for guarantee or insurance, the
> authorizing Federal Agency shall have the same rights as the lender
> with regard to that loan and the security. No action with regard to
> the loan or security that requires consent of the lender shall be
> taken unless the Federal Agency also consents, so long as the
> guarantee or insurance remains in effect or the Federal Agency has an
> interest in the security.
>
> \(g\) The tribe will to the maximum extent possible, assist the lender
> and the Federal Agency in its efforts to manage this program in a
> prudent and cost-effective manner. This will include assisting the
> lender or Federal Agency in finding qualified substitute purchasers if
> the initial borrower/mortgagor is unable to fulfill his or her
> obligations under the law. This may include carrying out evictions,
> assuring that mortgages and other legal instruments can be properly
> recorded and otherwise assuring that the program is operated in a
> responsible and prudent manner.
>
> In Witness whereof, the parties hereto have signed this agreement as
> follows.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> DATE \_\_\_\_\_\_\_\_\_\_
>
> **{fill in name of the reviewing/approving Agency)**
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> DATE \_\_\_\_\_\_\_\_\_\_\_
>
> XXXXXXXXXXXXXXXX
>
> XXXXXXX Tribe
>
> Does the above named Tribe have constitutional authority to sign this
> Memorandum of Understanding without approval of the US Department of
> the Interior's Bureau of Indian Affairs?
>
> \_\_\_\_ Yes \_\_\_\_ No
>
> If no, below is the approval of the Bureau of Indian Affairs.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> DATE \_\_\_\_\_\_\_\_\_\_\_
>
> BIA Approving Official

**Attachment 1**

**Model Tribal Mortgage Lending Code**

> *Commentary: This Attachment sets forth general procedures for
> mortgages and foreclosures. It is designed to meet the needs of
> mortgage loan guarantee, insurance and direct loan programs sponsored
> by the U. S. Departments of Housing and Urban Development, Agriculture
> (Rural Housing) and Veterans Affairs. These Federal Agencies offer
> various mortgage loan programs which are designed to provide
> homeownership opportunities to Native Americans wishing to live on an
> Indian reservation or within an Indian area (as defined within each
> Agency's program requirements).*

A.  [Lien Priority]{.underline}

> All mortgage loans recorded in accordance with the recording
> procedures set forth in this Attachment, including Leasehold
> Mortgages, and including loans made, guaranteed, insured or held by a
> governmental agency, shall have priority over any lien not perfected
> at the time of such recording and any subsequent lien or claim
> excepting a lien or claim arising from a tribal leasehold tax assessed
> after the recording of the mortgage. (In those cases where the
> government direct, guaranteed or insured mortgage is created as a
> second mortgage, the loan shall assume that position.)

B.  [Recording of Mortgage Loan Documents]{.underline}

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1.  The Tribal Recording Clerk shall maintain in the Tribal Real Estate
    program a system for the recording of mortgage loans and such other
    documents as the Tribe may designate by laws or resolution.

2.  The Tribal Recording Clerk shall endorse upon any mortgage loan or
    other document received for recording:

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a.  The date and time of receipt of the mortgage or other document;

b.  The filing number, to be assigned by the Tribal Recording Clerk,
    which shall be a unique number for each mortgage or other document
    received and;

c.  The name of the Tribal Recording Clerk or designee receiving the
    mortgage or document.

> Upon completion of the above-cited endorsements, the Tribal Recording
> Clerk shall make a true and correct copy of the mortgage or other
> document and shall certify the copy as follows:
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tribe )
>
> )ss.
>
> Indian Reservation )
>
> I certify that this is a true and correct copy of a document received
> for recording this date.
>
> Given under my hand and seal this \_\_\_\_\_\_ day of
> \_\_\_\_\_\_\_\_\_\_\_\_.
>
> (SEAL)
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Signature)
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Date)
>
> The Tribal Recording clerk shall maintain the copy in the records of
> the recording system and shall return the original of the mortgage
> loan or other document to the person or entity that presented the same
> for recording.

3.  The Tribal Recording Clerk shall also maintain a log of each
    mortgage loan or other document recorded in which there shall be
    entered:

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a.  The name(s) of the Borrower/Mortgagor of each mortgage loan,
    identified as such;

b.  The name(s) of the Lender/Mortgagee of each mortgage loan,
    identified as such;

c.  The name(s) of the grantor(s), grantee(s) or other designation of
    each party named in any other documents filed or recorded;

d.  The date and time of the receipt;

e.  The filing number assigned by the Tribal Recording Clerk; and

f.  The name of the Tribal Recording Clerk or designee receiving the
    mortgage or document.

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4.  The certified copies of the mortgage loan and other documents and
    the log maintained by the Tribal Recording Clerk shall be made
    available for public inspection and copying. Rules for copying shall
    be established and disseminated by the Tribal Recording Clerk.

5.  All mortgages will be recorded with the BIA in addition to any
    Tribal recording provisions.

> *Commentary: The federal agencies noted above recognize that Indian
> tribes are required to have mortgages filed with the Bureau of Indian
> Affairs (BIA). It is optional whether or not the tribe houses its
> Recording department within a "Tribal Real Estate" program. The tribe
> is free to place the Recording function in any tribal department it
> wishes.*

C.  [Foreclosure Procedures]{.underline}

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1.  A Borrower/Mortgagor shall be considered to be in default when

> he or she is thirty (30) days past due on his or her mortgage
> payment(s)or is in violation of any covenant under the mortgage for
> more than 30 days to the Lender/Mortgagee (i.e. the 31st day from the
> payment due date).
>
> When a Borrower/Mortgagor is thirty days past due on his or her
> mortgage and before any foreclosure action or activity is initiated,
> the Lender/Mortgagee shall complete the following:

a.  Make a reasonable effort to arrange a face-to-face interview with
    the Borrower/Mortgagor. This shall include at least one trip to meet
    with the Borrower/Mortgagor at the mortgaged property.

b.  Lender/Mortgagee shall document that it has made at least one phone
    call to the Borrower/Mortgagor (or the nearest phone as designed by
    the Borrower/Mortgagor, able to receive and relay messages to the
    Borrower/Mortgagor) for the purpose of trying to arrange a
    face-to-face interview.

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3.  Lender/Mortgagee may appoint an agent to perform the services of
    arranging and conducting the face-to-face interview specified in
    this action.

4.  When the Borrower/Mortgagor is past due on three installment
    payments and at least ten (10) days before initiating a foreclosure
    action in Tribal Court, the Lender shall advise the
    Borrower/Mortgagor in writing by mail or by posting prominently on
    the unit, with a copy provided to the Tribe, as follows:

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a.  Advise the Borrower/Mortgagor that information regarding the loan
    and default**/**delinquency will be given to credit bureaus.

b.  Advise the Borrower/Mortgagor of homeownership counseling
    opportunities/programs available through the Lender or otherwise.

c.  Advise the Borrower/Mortgagor of other available assistance
    regarding the mortgage/default.

d.  In addition to the preceding notification requirements, the
    Lender/Mortgagee shall complete the following additional notice
    requirements (i) notify the Borrower/Mortgagor that if the Leasehold
    Mortgage remains past due on three installment payments, the
    Lender/Mortgagee may ask the applicable governmental agency to
    accept assignment of the Leasehold Mortgage if this is an option of
    the governmental program; (ii) notify the Borrower/Mortgagor of the
    qualifications for forbearance relief from the Lender/Mortgagee, if
    any, and that forbearance relief may be available from the
    government; and (iii) provide the Borrower/Mortgagor with names and
    addresses of government officials to whom further communications may
    be addressed, if any.

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5.  If a Borrower/Mortgagor is past due on three or more installment
    payments and the Lender/Mortgagee has complied with the procedures
    set forth in the first part of this Section, the Lender/Mortgagee
    may commence a foreclosure proceeding in the Tribal Court by filing
    a verified complaint as set forth in Section D. of this Code.

*Commentary: The proceeding Section C sets forth foreclosure procedures
designed to meet all of the foreclosure procedure requirements currently
established under the mortgage loan programs sponsored by the U.S.
Departments of Housing and Urban Development, Agriculture and Veterans
Affairs (collectively referred to as Federal Agency). However, under
HUD's Section 248 mortgage insurance program, lenders have the option of
assigning the mortgage to HUD rather than initiating foreclosure. If the
lender exercises its option to assign the mortgage to HUD, it must
comply with the requirements of the regulations at 24 CFR part 203.*

D.  [Foreclosure Complaint and Summons]{.underline}

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1.  The verified complaint in a mortgage foreclosure proceeding shall
    contain the following:

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a.  The name of the Borrower/Mortgagor and each person or entity
    claiming through the Borrower/Mortgagor subsequent to the recording
    of the mortgage loan, including each Subordinate Lienholder (except
    the Tribe with respect to a claim for a tribal leasehold), as a
    defendant;

b.  A description of the property subject to the mortgage loan;

c.  A concise statement of the facts concerning the execution of the
    mortgage loan and in the case of a Leasehold Mortgage the lease; the
    facts concerning the recording of the mortgage loan or the Leasehold
    Mortgage; the facts concerning the alleged default(s) of the
    Borrowers/Mortgagor; and such other facts as may be necessary to
    constitute a cause of action;

d.  True and correct copies of each promissory note, mortgage, deed of
    trust or other recorded real property security instrument (each a
    "security instrument") and any other documents relating to the
    property and if a Leasehold Mortgage, a copy of the lease and any
    assignment of any of these documents; and

e.  Any applicable allegations concerning relevant requirements and
    conditions prescribed in (i) federal statutes and regulations (ii)
    tribal codes, ordinances and regulations; and/or (iii) provisions of
    the promissory note, security instrument and if a Leasehold
    Mortgage, the lease.

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2.  The complaint shall be verified by the Tribal Court Clerk along with
    a summons specifying a date and time of appearance for the
    Defendant(s).

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E.  [Service of Process and Procedures.]{.underline} Any foreclosure
    complaint must be in writing, and must be delivered to the
    Borrower/Mortgagor in the following manner:

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1.  Delivery must be made by an adult person and is effective when it
    is:

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a.  Personally delivered to a Borrower/Mortgagor with a copy sent by
    mail, or

b.  Personally delivered to an adult living in the property with a copy
    sent by mail, or

c.  Personally delivered to an adult agent or employee of the
    Borrower/Mortgagor with a copy sent by mail.

> \(2\) If the notice cannot be given by means of personal delivery, or
> the Borrower/Mortgagor cannot be found, the notice may be delivered by
> means of:

a.  Certified mail, return receipt requested, at the last known address
    of the Borrower/Mortgagor, or

b.  Securely taping a copy of the notice to the main entry door of the
    property in such a manner that it is not likely to blow away, and by
    posting a copy of the notice in some public place near the premises,
    including a tribal office, public store, or other
    commonly-frequented place and by sending a copy first class mail,
    postage prepaid, addressed to the Borrower/Mortgagor at the
    premises.

> \(3\) The person giving notice must keep a copy of the notice and
> proof of service in accordance with this section, by affidavit or
> other manner recognized by law.

F.  [Cure of Default]{.underline}

> Prior to the entry of a judgment of foreclosure, any
> Borrower/Mortgagor or a Subordinate Lienholder may cure the default(s)
> under the Mortgage by making a full payment of the delinquency to the
> Lender/Mortgagee and all reasonable legal and Court costs incurred in
> foreclosing on the property. Any subordinate Lienholder who has cured
> a default shall thereafter have included in its lien the amount of all
> payments made by such Subordinate Lienholder to cure the default(s),
> plus interest on such amounts at the rate stated in the note for the
> mortgage. There shall be no right of redemption in any Leasehold
> Mortgage Foreclosure proceeding.
>
> *Commentary: This Section F. does not allow for a "right of
> redemption." The "right of redemption" if provided in a Foreclosure
> Code allows a Borrower/Mortgagor to redeem (purchase) his/her
> foreclosed property after it has been sold at a foreclosure sale. Most
> state foreclosure laws have very strict time limits on how long a
> Borrower/Mortgagor has to redeem his/her property after a foreclosure
> sale, when the right to redeem will be allowed, and notice
> requirements that must be given the Borrower/Mortgagor following the
> sale of his/her foreclosed property. Because the right of redemption
> can be very specialized the drafters of this model Code will leave to
> the discretion of the tribe whether or not to incorporate a "right of
> redemption" and under what terms. If a "right of redemption" is
> included, it will be necessary for the tribe to seek approval in a
> separate process from each of the Federal Agencies noted.*

G.  [Judgment and Remedy]{.underline}

> This matter shall be heard and decided by the Tribal Court in a prompt
> and reasonable time period not to exceed sixty (60) days from the date
> of service of the Complaint on the Borrower/Mortgagor. If the alleged
> default has not been cured at the time of trial and the Tribal Court
> finds for the Lender/Mortgagee, the Tribal Court shall enter judgment:

1.  Foreclosing the interest of the Borrower/Mortgagor and each other
    defendant, including Subordinate Lienholder, in the mortgaged
    property and

2.  Granting title to the property to the Lender/Mortgagee or the
    Lender's Designated Assignee; in the case of a Leasehold Mortgage,
    the Lease and the Leasehold Estate will be assigned to the
    Lender/Mortgagee or the Lender's Designated Assignee, subject to the
    following provisions

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a.  The lender shall give the Tribe the right of first refusal on any
    acceptable offer to purchase the Lease and the Lessee's leasehold
    interest in the property described in the lease which is
    subsequently obtained by the Lender or Lender's Designated Assignee.

b.  The Lender or Lender's Designated Assignee may only transfer, sell
    or assign the Lease and Lessee's leasehold interest in the property
    described in the Lease to a Tribal member, the Tribe, or the Tribal
    Housing Authority;

c.  The mortgagee has the right to convey the leasehold interest to

> the Secretary of HUD without providing the right of first
>
> refusal to the Tribe for Section 248.

H.  [Foreclosure Evictions]{.underline}

> Foreclosure evictions shall be handled according to the general
> eviction process set forth below.

1.  [Jurisdiction]{.underline}. The provisions of this section H. shall
    apply to all persons and property subject to the governing authority
    of the Tribe as established by the Tribal Constitution, Tribal Code,
    or applicable federal law.

> \(2\) [Unlawful Detainer]{.underline}. A Lessee, Sublessee, or other
> occupant of a Leasehold Estate subject to a Leasehold Mortgage shall
> be guilty of unlawful detainer if such person shall continue in
> occupancy of such Leasehold Estate without the requirement of any
> notice by the Lessor, after such person's Leasehold Estate has been
> foreclosed in a Leasehold Mortgage foreclosure proceeding in the
> Tribal Court;

3.  [Complaint and Summons.]{.underline} The lender or Federal Agency
    (which made, guaranteed or insured the mortgage loan) as
    appropriate, shall commence an action for unlawful detainer by
    filing with the Tribal Court, in writing, the following documents:

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a.  A complaint, signed by the lender or Federal Agency, or an agent or
    attorney on their behalf:

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i.  Citing facts alleging jurisdiction of the Tribal Court;

ii. Naming as defendants the mortgagors and any other record owner
    (including Sublessees and subordinate lienholders), of which the
    complainant has record notice (except the Tribe with respect to a
    claim for a Tribal tax on the Leasehold Estate subject to the
    Leasehold Mortgage);

iii. Describing the Leasehold Estate subject to the Leasehold Mortgage;

iv. Stating the facts concerning (1) the execution of the lease and the
    Leasehold Mortgage; (2) the recording of the Leasehold Mortgage;
    and (3) the facts upon which he or she seeks to recover;

v.  Stating any claim for damages or compensation due from the persons
    to be evicted; and

vi. Otherwise satisfying the requirements of the Tribal Court.

> \(b\) A copy of the summons, issued in accordance with established
> Tribal Court rules and procedures, requiring the defendants to file a
> response to the complaint by the date specified in the summons. The
> deadline specified in the summons for filing a response shall be no
> less than 6 nor more than 30 days from the date of service of the
> summons and complaint. The summons shall notify the defendants that
> judgment will be taken against them in accordance with the terms of
> the complaint unless they file a response with the court by the date
> specified in the summons.

4.  [Service of Summons and Complaint.]{.underline} A copy of the
    summons and complaint shall be served upon the defendants in the
    manner provided by the Tribal Court rules for service of process in
    civil matters. In the absence of such Tribal Court rules, the
    summons and complaint shall be served by one of the following two
    methods.

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5.  [Procedures for Service of Notice.]{.underline} Notices required or
    authorized in the

> immediately preceding section shall be given in writing either by:

a.  Delivering a copy personally to the Borrower/ Mortgagor or to any
    other occupant under color of law, or to any adult residing on the
    Leasehold Estate and, if applicable, to any Sublessee; or

b.  Posting said notice in a conspicuous place near the entrance to said
    Leasehold Estate, and sending an additional copy to the Lessee or to
    any other occupant under color of law, and, if applicable, to the
    Sublessee, by certified mail, return receipt requested, properly
    addressed, postage paid.

> Proof of service may be made by affidavit of any adult person stating
> the he has complied with the requirements of one of the above methods
> of service.

6.  [Power of the Tribal Court.]{.underline} The Tribal Court shall
    enter an Order of Repossession if:

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a.  Notice of suit is given by service of summons and complaint in
    accordance with the procedures provided herein; and

b.  The Tribal Court shall find during pre-trial proceedings or at trial
    that the Lessee, Sublessee, or other occupant under color of law of
    the Leasehold Estate subject to the Leasehold Mortgage is guilty of
    an act of unlawful detainer.

> Upon issuance of an Order of Repossession, the Tribal Court shall have
> the authority to enter a judgment against the defendants for the
> following, as appropriate: (1) back rent, unpaid utilities, and any
> charges due the Tribe, Tribal Housing Authority, other public Housing
> Authority, or Sublessor under any sublease or other written agreement
> (except for a Leasehold Mortgage); (2) any and all amounts secured by
> the Leasehold Mortgage that are due the lender (or Federal Agency);
> and (3) damages to the property caused by the defendants, other than
> ordinary wear and tear. The Tribal Court shall have the authority to
> award to the prevailing party its costs and reasonable attorney's fees
> in bringing suit.
>
> \(7\) [Enforcement.]{.underline} Upon issuance of an Order of
> Repossession by the Tribal Court, Tribal law enforcement officers
> shall help plaintiffs enforce same by evicting the defendants and
> their property from the unlawfully occupied Leasehold Estate. In all
> cases involving the lender or Federal Agency, the Order of
> Repossession shall be enforced no later than 45 days after a pre-trial
> proceeding or trial in which the Tribal Court finds against
> defendants, subject to Paragraph H7 below, and provided, that no party
> exercised the right to cure a default or right of first refusal as
> described in Paragraphs F and G above.
>
> \(8\) [Continuances in Cases Involving the Lender or Federal
> Agency]{.underline} (which originally made, insured or guaranteed) the
> mortgage loan. Except by agreement of all parties, there shall be no
> continuances in cases involving the lender or Federal Agency that will
> interfere with the requirement that the Order of Repossession be
> enforced not later than 45 days after a pre-trial proceeding or trial
> in which the Tribal Court finds against defendants, subject to the
> sound discretion of the Court.

I.  [No Merger of Estates]{.underline}

> There shall be no merger of estates by reason of the execution of a
> Lease or a Leasehold Mortgage or the assignment or assumption of the
> same, including an assignment adjudged by the Tribal Court, or by
> operation of law, except as such merger may arise upon satisfaction of
> the Leasehold Mortgage.

J. [Certified Mailing to Tribe]{.underline}

> In any foreclosure proceedings on a Leasehold Mortgage where the Tribe
> is not named as a defendant, a copy of the summons and complaint shall
> be mailed to the Tribe by certified mail, return receipt requested,
> within five (5) days after the issuance of the summons. If the lessor
> is not the tribe, this notice will also be mailed to the lessor at the
> same time the notice is mailed to the tribe. If the location of the
> lessor cannot be ascertained after reasonable inquiry, a copy of the
> summons and complaint shall be mailed to the lessor in care of the
> Superintendent of the applicable agency of the Bureau of Indian
> Affairs.

K.  [Intervention]{.underline}

> The Tribe or any Lessor may petition the Tribal Court to intervene in
> any Lease or Leasehold Mortgage foreclosure proceeding under this
> Code. Neither the filing of a petition for intervention by the Tribe,
> nor the granting of such petition by the Tribal Court shall operate as
> a waiver of the sovereign immunity of the Tribe, except as may be
> expressly authorized by the Tribe.

L.  [Appeals]{.underline}

> Appeals under this Code shall be handled in accordance with the
> general tribal appellate provisions.

CERTIFICATION

The foregoing \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of Tribe) Leasehold
Mortgaging Code was enacted by the Tribal Council of the
\_\_\_\_\_\_\_\_\_\_\_\_\_\_Tribe on the \_\_\_\_ day of

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, 2000, by a vote of \_\_\_ for,
\_\_\_ opposed, and \_\_\_\_ abstaining, at a dully called meeting at
which a quorum of the Tribal Council was present.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Tribal President

ATTEST:

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

Tribal Secretary

CERTIFICATION

\_\_\_\_\_\_\_\_\_\_ Tribe )

) ss.

)

I certify that this is a true and correct copy of a document received
for recording this date.

Given under my hand and seal this \_\_\_\_ day of
\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

(SEAL)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title