27.02.010 Definitions

(a) "Lease" shall mean the residential ground lease or other agreement for use of Tribal Trust Land on which a Leasehold Mortgage has or will be given.

(b) "Leasehold Estate" shall mean a leasehold estate established pursuant to a Lease between the Tribe, as Lessor, and a member of the Tribe, as Tenant.

(c) "Leasehold Mortgage" shall mean the first-lien mortgage of a Leasehold Estate given to secure a mortgage loan made by a Mortgagee pursuant to the Fannie Mae Initiative, VA program, or any other program authorized by federal law.

(d) "Leasehold Mortgage Foreclosure Proceeding" shall mean a proceeding in the Tribal Court

(1) to foreclose the interest of the Mortgagor(s), and each person or entity claiming through the Mortgagor(s), in a Leasehold Estate on which a Leasehold Mortgage has been made by the Mortgagee pursuant to the Fannie Mae Initiative, the VA program or any other program authorized by federal law; and/or

(2) to assign such leasehold Estate to the Mortgagee or the Mortgagee's successors or assigns.

(e) "Lessor" shall mean the Tribe. The Tribe shall be the beneficial or equitable owner of certain Tribal Trust land underlying a leasehold Estate on which a leasehold Mortgage has been given. The lessor shall include the successor(s) or assign(s) of such lessor.

(f) "Tri-Party Agreement" shall mean that certain Agreement evidencing the Initiative by and among Fannie Mae, the Mortgagee and the Tribe, and approved by the Secretary of the Interior.

(g) "Mortgagor" shall mean any member of the Tribe who has executed a leasehold Mortgage, including any heir(s), successor(s), executor(s), administrator(s) or assign(s) of such member.

(h) "Mortgagee" shall mean the lender under any leasehold Mortgage as prescribed in this title or the successors or assigns of any such lender, including Fannie Mae or the Secretary.

(i) "Nuisance" shall mean maintenance on the leasehold Estate of a condition which:

(1) Unreasonably threatens the health or safety of the public or neighboring land users; or

(2) Unreasonably and substantially interferes with the ability of neighboring real property users to enjoy the reasonable use and occupancy of their property.

(j) "Subordinate lien holder" shall mean the holder of any lien, including a mortgage, perfected subsequent to the recording of a leasehold Mortgage under this title; provided, however, such terms shall not include the Tribe with respect to a claim for a Tribal leasehold tax.

(k) "Tenant" shall mean any person who occupies Tribal Trust land under a leasehold Estate with a lessor.

(l) "Tribal Court" shall mean

(1) the tribal court authorized by the Secretary of the Interior (a Court of Indian Offenses),

(2) the tribal court established by the laws of the Tribe, or

(3) such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

(m) "Tribe" shall refer to the Turtle Mountain Band of Chippewa Indians of the Turtle Mountain Reservation as defined in the Tribal Constitution.

(n) "Tribal Trust land" shall mean land, title to which is held by the United States for the benefit of the Tribe and/or which may be subject to a restriction against alienation imposed by federal treaty, statute or Executive Order.

(o) "Unlawful Detainer Action" shall be a suit brought before the Tribal Court to terminate a tenant's interest in a leasehold Estate and/or to evict any person from occupancy of such leasehold Estate.

(p) "Waste" shall mean spoil or destruction of land, buildings, gardens, trees or other improvements on the leasehold Estate which result in substantial injury to the lessor's interest in the leasehold Estate.

(q) "Writ of Restitution" is an order of the Tribal Court:

(1) Restoring an owner, lessor, Mortgagee (or other successor in interest) to possession of a Leasehold Estate subject to a leasehold Mortgage; and

(2) Evicting a Tenant or other occupant from such property.

(r) "Secretary" shall mean the Secretary of the United States Department of Veterans Affairs or designee.