4.09.080 Judgment and Remedy

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:

(a) Foreclosing the interest of the Borrower/Mortgagor and each other defendant, including Subordinate Lienholder, in the mortgaged property and

(b) 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 and the Leasehold Estate will be assigned to the Lender/Mortgagee or the Lender's Designated Assignee, subject to the following provisions:

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

(2) 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;

(3) 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.