15.3.1.010 Definitions

As used in this Act, the term:

(a) "Act" means the Leasing and Mortgage Act of 2024.

(b) "Authority" means the San Ildefonso Housing Authority, and may also be

abbreviated as "SIHA."

Entity (if applicable), or any Member who has the legal right and capacity to execute a Mortgage and who has executed a Mortgage on his or her Leasehold Interest, including any heir(s), successor(s), executor(s), administrator(s), or assign(s) of such Borrower.

(d) "Cure Period" means the time between an initial event of default and the time at

which the Lender can commence a Mortgage Foreclosure Proceeding. The use of the term does not limit the Borrower's right to cure the default, which right extends to the date the Lender commences the Mortgage Foreclosure Proceeding.

(e) "Default" means the occurrence of a violation of any material term or condition of

the Mortgage. A Borrower will be considered to be in default if a Mortgage payment is five (5) days past due or if he or she has violated any other material term or condition of the Mortgage.

(f) "Federal Agency" means any agency of the federal government that makes,

guarantees, or insures mortgage loans, including but not limited to the Veteran's Administration ("VA"), the Department of Housing and Urban Development ("HUD"), the Federal Home Administration ("FHA"), and the Department of Agriculture ("USDA").

(g) "Forbearance Relief" means an action that results in the Lender or the federal, state,

or tribal government refraining from pursuing Mortgage Foreclosure.

(h) "Governor" means the Governor of the Pueblo.

(i) "Lease" means the residential ground lease or other agreement for use of Trust Land or Restricted Land on which a Mortgage has been or may be given. A Lease shall

include a sublease of a Lease.

(j) "Leasehold Interest" means the Borrower's right, title, and interest under a Lease from the Pueblo, as Lessor, and may include improvements.

(k) "Leasehold Tax" means any tax that may be assessed by the Pueblo against a Lessee for the use of land subject to a Leasehold Interest.

(l) "Lender or Mortgagee" means any mortgage lender or any successors or assigns of any such lender, and includes any subsequent holder, whether by assignment, succession, or otherwise, of the original Lender's or Mortgagee's right, title, or interest in and to the Mortgage.

(m) "Lessee" means a person who has acquired a legal right of possession of tribal Trust or Restricted Lands by a Lease.

(n) "Lessor" means the Pueblo de San Ildefonso.

(o) "Manufactured Home" means a structure manufactured in compliance with the federal Mobile Home Construction and Safety Standards Act of 1974 [42 U.S.C. Section 5402(b)] and the regulations thereunder [24 CFR Section 3280.2(a)(16], as that statute and that regulation may from time to time be amended.

(p) "Member" means an enrolled member of the Pueblo de San Ildefonso.

(q) "Mortgage" means the leasehold mortgage given to secure a mortgage loan or other loan made by a Lender to a Borrower.

(r) "Mortgage Foreclosure Proceeding" means a proceeding in the Trial Court to: 1) foreclose on the Leasehold Interest or other interests of the Borrower, and/or 2) assign such interest of the Borrower to the Lender or other person or entity.

(s) "Nuisance" means maintenance on the mortgaged property of a condition that:

(1) Unreasonably threatens the health or safety of a resident of the community, the mortgaged property, 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.

(t) "Order of Repossession" means an order of the Trial Court that:

(1) Restores the Lessor or Lender to possession of Trust Land or Restricted Land; and/or

(2) Evicts a Borrower or other occupant from such property.

(u) "Pueblo" means the Pueblo de San Ildefonso.

(v) "Redemption" means the right of the Borrower or other person with an interest in property subject to a Mortgage pursuant to this Act to regain possession of the property from the purchaser after judicial sale resulting from foreclosure upon payment or performance of other conditions prescribed by this Act and the Mortgage documents.

(w) "Residential Unit" means a building constructed or used for residential purposes, including a manufactured home (a) which is affixed or to be affixed to a permanent foundation in accordance with lender guidelines for such affixation; and (b) as to which a duly completed Affidavit of Title has been recorded under New Mexico law or the law of the Pueblo.

(x) "Restricted Land" means any land within the jurisdiction of the Pueblo that is subject to restrictions against alienation imposed by federal treaty, statute, Executive Order, or the Pueblo.

(y) "Secretary," unless otherwise indicated, means the Secretary of the United States Department of the Interior or a duly designated representative.

(z) "Subordinate Lienholder" means the holder of any lien, including a mortgage perfected subsequent to the recording of a Mortgage under this Act, provided, however, such definition shall not include the Pueblo with respect to a claim for a tribal tax on the Mortgaged property, where applicable.

(aa) "Trial Court" means the Trial Court of the San Ildefonso Pueblo.

(bb) "Council" means the Council of the San Ildefonso Pueblo.

(cc) "Trust Land" means any land within the jurisdiction of the Pueblo, title to which is held by the United States for the benefit of the Pueblo or an individual Member of the Pueblo.

(dd) "Unlawful Detainer Action" means a suit brought before the Trial Court to terminate a Borrower's interest in Trust Land or Restricted Land and/or to evict any person from occupancy of such property.

(ee) "Waste" means spoliation or destruction of land, buildings, landscaping, trees, or other improvements on the mortgaged property which results in or is likely to result in substantial injury to such property.