§ 162.244 How will BIA
decide whether to approve a leasehold mortgage
under an agricultural lease?
(a) We will approve a leasehold mortgage under an agricultural lease if:
(1) The required consents have been obtained from the parties to the lease under § 162.230 and the tenant's sureties;
(2) The mortgage covers only the tenant's interest in the leased premises, and no unrelated collateral;
(3) The loan being secured by the mortgage will be used only in connection with the development or use of the leased premises, and the mortgage does not secure any unrelated debts owed by the tenant to the mortgagee; and
(4) We find no compelling reason to withhold our approval in order to protect the best interests of the Indian landowners.
(b) In making the finding required by paragraph (a)(4) of this section, we will consider whether:
(1) The tenant's ability to comply with the lease would be adversely affected by any new loan obligations;
(2) Any lease provisions would be modified by the mortgage;
(3) The remedies available to us or to the Indian landowners would be limited (beyond any additional notice and cure rights to be afforded to the mortgagee), in the event of a lease violation; and
(4) Any rights of the Indian landowners would be subordinated or adversely affected in the event of a loan default by the tenant.