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20150506D <br />(hereinafter the Term), which shall be the 3r day of July, 2020 (hereinafter the Termination <br />Date). As of the Termination Date, this Land Restriction shall expireeby its own terms and this <br />Land Restriction shall have no further force or effect and shall be extinguished and released <br />without the execution or recording of any further documents. <br />2.0 Enforcement <br />2.1 R ght to Enforce. The Tribe has all the rights and remedies necessary to enforce the use <br />restrictions contained in this Land Restriction. This includes, but is not limited to enforcing <br />compliance with the low- income and members of federally recognized tribe use restrictions, <br />invalidating any conveyance which violates the terms of this Land Restriction, and levying upon <br />the Property to recover any money owed, advanced or loaned either on the Property or to the <br />Owner by the Tribe under its low- income Native American housing programs. <br />2.2 Recovery of Amounts Contributed by the Tribe. The Tribe has contributed through loan(s) <br />or grant(s) the sum of ($21,000) to the Owner or Property and shall be entitled to recover this <br />amount as follows: <br />(a) For each month owner occupies unit, this balance will be reduced by $350 until it is fully <br />reduced to $0.00. <br />2.3 Rights to Recover Other Costs by the Tribe. The Owner, as well as subsequent owners of <br />the Property, shall also be liable to the Tribe for any and all reasonable attorney fees, costs and <br />court expenses that the Tribe may incur in any enforcement actions it takes under this Land <br />Restriction agreement. <br />2.4 Tribal Sovereign Immunity and Tribal Court Jurisdiction. The Northern Ponca Housing <br />Authority is a political subdivision of the Ponca Tribe of Nebraska and is protected from lawsuits <br />by tribal sovereign immunity. This agreement shall not be construed to constitute a waiver of <br />tribal sovereign immunity. The Northern Ponca Housing Authority specifically retains its <br />sovereign immunity from suit to the extent not specifically waived by applicable federal law. <br />Determination of the Northern Ponca Housing Authority's sovereign immunity shall be made <br />solely by the Ponca Tribe of Nebraska's Tribal Court. <br />3.0 Notice of Pendin Sale, Rental or Conveyance, <br />3.1 Notice. The Owner, and any subsequent owner of the Property, is obligated to notify the <br />Tribe in writing, delivery of which shall be evidenced with a written receipt, at the following <br />address: 1501 Michigan Avenue, Norfolk, NE 68701 that they intend to change occupancy, <br />lease, sell, or convey the Property. This Notice shall be given no less than sixty (60) days prior <br />to the Owner binding itself to such action(s). <br />3.2 Confirmation of Compliance with Land Restrictions. After receipt of the Notice, the Owner <br />of the Property must provide any and all information it has that the Tribe requests and deems <br />necessary to ascertain that the Property shall remain in compliance with this Land Restriction <br />agreement. <br />3.3 Assistance in Convvinn to Low Income Native Americans. The Tribe may offer to assist the <br />Owner and subsequent owners in finding individuals eligible under this Land Restriction <br />agreement to occupy, rent, lease, purchase, or obtain title to the property. <br />3.4 Delivery of Notice Has No Effect on Land Restfiction. The Notice is for information purposes <br />only. Any Tribe inactions or actions taken pursuant to such a Notice do not constitute Tribe <br />approval of any particular use and are not a waiver by the Tribe of any rights it has to enforce <br />compliance with this Land Restriction. <br />4.0 Useful Life <br />4.1 Term of Land Restriction Should Meet HUD Requirements. NAHASDA requires that the <br />Secretary of the U.S. Department of Housing and Urban Development determine that the <br />Property is minimally restricted for a period of time acceptable to its Secretary, 25 U.S.C. § 4135 <br />(a)(2). In section 1.4 of this Land Restriction agreement, a Term has been set for this Land <br />Restriction and that Term should not be less than what is acceptable to the Secretary of HUD <br />based on the nature and the amount of IHBG funds to this Property. The Tribe should ensure <br />that a Land Restriction has been obtained for a Term that meets HUD's standards. <br />