(b) Neither the filing of a petition for intervention by the Tribe, nor the granting of such a 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.
Section 27-8 Cure of Default by Subordinate Lien holder
27-08.01 Cure of Default by Subordinate Lien holder.
(a) Prior to the entry of a judgment of foreclosure, any Mortgagor or any Subordinate Lien holder
may cure the default(s) under the Leasehold Mortgage.
(b) Any Subordinate Lien holder who has cured a default shall thereafter have included in its lien
the amount of all payments made by such Subordinate Lien holder to cure the default(s), plus
interest on such amounts at the rate stated in the note for the Leasehold Mortgage.
Section 27-9 Power of the Tribal Court
27-9.01 Power of the Tribal Court. If the alleged default(s) have not been cured, and if the Tribal Court
should find for the Mortgagee, the Tribal Court shall enter judgment:
(a) Foreclosing the interest in the Lease of the Mortgagor(s) and each other defendant named in the
complaint upon whom proper and timely service has been made, including each such
Subordinate Lien holder; and
(b) Assigning such Lease to the Mortgagee.
Section 27-10 Miscellaneous
27-10.01 No Redemption. There shall be no right of redemption in any Leasehold Mortgage Foreclosure
Proceeding.
27-10.02 No Deficiency Judgment. No deficiency judgment shall be entered in any Leasehold Mortgage
Foreclosure Proceeding.
27-10.03 Remedies Exclusive. The remedies provided under this Chapter are exclusive.
27-10.04 No Merger. 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 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.
Section 27-11 Limited Waiver Sovereign Immunity
27-11.01 Limited Waiver of Immunity. In any case where the Tribe, including any entity of the Tribe, is a
Mortgagor under a Leasehold Mortgage, the Tribe, or such entity of the Tribe, may be sued as a defendant
in such capacity only and only under this Chapter; provided, that there shall be no award of attorney fees or
costs against the Tribe, or any entity of the Tribe, in any proceeding involving the Tribe, or such entity,
except where prior written consent to such an award have been given by the Tribe, or such entity.
Section 27-12 Restrictions on Sale, Transfer or Conveyance
27-12.01 Restrictions on Sale, Transfer or Conveyance of Leasehold Interest. The Mortgagee shall not sell,
transfer or convey any Lease or leasehold interest which has been assigned to it in a Leasehold Mortgage
Foreclosure Proceeding except to the Tribe, the Spokane Indian Housing Authority or an eligible member of
the Spokane Tribe.
Section 27-13 Approval of Tribe Required for Lease
27-13.01 Approval of Tribe Required for Lease. Any lease of trust or other restricted lands, whether Tribally
or individually owned, for which a Leasehold Mortgage is executed for the purposes of this Chapter, is
subject to the approval of the Tribe, acting through the Spokane Tribal Council.
Section 27-14 Severability
27-14.01 Severability. If any paragraph, subparagraph, clause or sentence of phrase of this Chapter or
regulations adopted pursuant to this Chapter shall be declared invalid, or declared invalid as applied to any
person or circumstance, such decision shall not affect the validity of the remaining portions of the Chapter,
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Revised Spokane Law & Order Code, 5/14/2013