For purposes of this chapter, certain terms are defined in this
article. The word "shall" is always mandatory and not merely advisory.
An individual member of the Tribe who applies for and executes
the leasehold mortgage application and lease documents.
Includes all persons living in the same residence and any
individual residing or domiciled in the residence for a period exceeding
or expected to exceed three (3) months.
Any tribal, federal, state or local registry of sexual offenders.
A residential lease regarding a lot on tribal lands entered
into between the Tribe and an individual tribal member, issued in
the form approved by the Bureau of Indian Affairs, United States Department
of the Interior to implement the various federal programs available
to insure or guaranty a mortgage loan, provided that the residential
lease for low-income elder and tribally owned rental homes executed
does not fit within this definition.
An estate established pursuant to a lease.
The first-lien mortgage of a leasehold estate given to secure
a mortgage loan made by a mortgage pursuant to HUD's Section
184 program or its equivalent program sponsored by other federal agencies.
The individual tribal member who has leased a specific lot
upon tribal lands.
The individual tribal member beneficiary of a lease.
The Tribe.
An estate held only for the duration of the life of a nontribal
member spouse of a lessee, and that person shall have no possessory
rights in the leasehold property but shall comply with all relevant
laws and regulations and all terms and provisions contained in the
lease.
A nontribal member spouse of a lessee who, until his/her
death, is beneficially entitled to remain on the leased lot. A life
tenant shall comply with all laws and regulations relating to the
leasehold estate and all terms and provisions contained in the lease.
A parcel of real estate upon tribal lands designated for
use as a single-family, townhouse, condominium or other single-family
ownership.
The approved lender under any leasehold mortgage made pursuant
to the leasehold mortgage program. This definition also includes,
without any consent by the Tribe, any subsequent holder, whether by
assignment, succession or otherwise, of the original mortgagee's
right, title or interest in and to the leasehold mortgage and/or the
leasehold estate.
Any member of the Tribe who has executed a leasehold mortgage,
including any co-mortgagor(s), heir(s), successor(s), executor(s),
administrator(s) or assign(s) of such member.
An individual legally married to the tribal member lessee,
who has resided with the tribal member lessee for at least the previous
twelve (12) months and resides with the tribal member lessee upon
lessee's death, who is not a member of the Nottawaseppi Huron
Band of the Potawatomi. A nontribal member spouse shall be identified
as a co-mortgagor on all original mortgage documents related to the
residence in order to qualify for a life estate.
A condition which:
Temporary authorization by a leaseholder to another tribal
member of the right to occupy the residential premises upon a leased
lot.
The holder of any lien, including a mortgage, perfected subsequent
to the recording of a leasehold mortgage under this chapter; provided,
however, such terms shall not include the Tribe with respect to a
claim for a tribal leasehold tax.
Designation in a leaseholder's will or estate planning documents that his leasehold estate interest shall be inherited by another tribal member. Testamentary designation may also mean designation of a life estate to a nontribal member spouse in accordance with Article VIII of this chapter.
Legal assignment of leasehold interest from leaseholder to
another tribal member.
The Tribe's governing body.
The Tribal Judiciary of the Nottawaseppi Huron Band of the Potawatomi as described in Article XI, or any successor provisions, of the Tribe's Constitution.
The office or department within the tribal government organization
in charge of recording land transactions and registering documents
by designation in tribal law or resolution.
Real property owned by the Tribe or the United States of
America in trust for the Tribe, including lands acquired in fee or
held in trust for the Tribe after this chapter is enacted.
An individual duly enrolled as a citizen of the Nottawaseppi
Huron Band of the Potawatomi.
The Nottawaseppi Huron Band of the Potawatomi.
A suit brought before Tribal Court to terminate a leaseholder
interest in a leasehold estate and/or to evict any person from occupancy
of such leasehold estate or residence built upon.
To spoil or destroy land, buildings, gardens, trees or other
improvements on the leasehold estate, which results in substantial
injury to the lessor's interest in the leasehold estate. Waste
may include the failure to build on the leasehold within the required
time period, thus depriving another member of the opportunity for
affordable housing.
An order of the Tribal Court: a) restoring an owner, lessor,
mortgagee (or other successor in interest) to possession of a leasehold
estate subject to a leasehold mortgage; and b) evicting a leaseholder
or other occupant from such property.
