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States Department of Agriculture (hereafter referred to as the “Government") for financial assistance; to cause the execution and delivery of promissory note or notes or other evidence of indebtedness and a mortgage, or other appropriate security instrument, to secure any loan or loans made, or insured, by the Government; to comply with any requirements, terms or conditions prescribed by the Government or by Government regulations; and to pay, extend or renew any such indebtedness; and to execute contracts or enter into agreements and, without limitation, to take any and all other action as may be necessary, incidental, or appropriate to finance acquisition of the land or interests therein in behalf of the Tribe.

Now therefore, it is hereby resolved by the Council of the Tribe as follows:

Section 1. (Determination of Council) It is necessary to defray all of a portion of the costs of acquiring the land or interests therein by obtaining a loan to be made or insured by the Government in accordance with applicable provisions of the Consolidated Farm and Rural Development Act and Pub. L. 91-229, it being determined that the Tribe is unable to obtain sufficient credit elsewhere to finance the acquisition taking into consideration prevailing private and cooperative rates and terms currently available.

Section 2. (Amount and Terms of Loan) The Tribe shall borrow $

and issue as evidence thereof installment promissory note(s) in the form prescribed by the Government for the full principal amount of the loan. The note(s) shall be signed by the

(Appropriate Official) and attested by the

(Appropriate Official) and the corporate or other seal of the Tribe affixed thereto, and shall bear interest from its date, which shall be the date of loan closing, at a rate prescribed by the Government in its approval of the loan, but not to exceed percent per annum. The security instruments shall be in such form and contain the terms and conditions required by the Government.

Section 3. (Pledge of Revenue) The indebtedness hereby authorized shall be payable from the gross income and revenue to be derived from the operation of the tribal land, a portion of which sufficient to pay the principal and interest as and when the same shall be come due is hereby pledged and shall be set aside for that purpose.

Section 4. (Pledge of Additional Security) If the revenue pledged in Section 3 is insufficient to pay the principal and interest as and when the same shall become due or if it appears the revenue will be insufficient, the Council hereby pledges its taxing authority and the funds held in the United States Treasury in trust for the Tribe, for the purpose of making up the deficiency or expected deficiency shall be deposited in the debt service and reserve accounts established by

Sections 5 B and C hereof and used as therein prescribed.

Section 5. (Protection and Disposition of Funds) The

(Appropriate Official) of the Tribe shall be the custodian of all loan funds of the Tribe and all revenues pledged for the repayment of the loan. All such funds shall be deposited in accordance with Part 1902, Subpart A of this chapter. The

(Appropriate Official) shall execute a fidelity bond in an amount not less than $

with a surety company ap proved by the Government. The United States of America shall be named as coobligee in such bond, and the amount thereof shall not be reduced without the prior written consent of the Government. The

(Appropriate Official) is hereby directed to establish the following accounts into which proceeds of the note, the revenues from the land, and any other income pledged for repayment shall be deposited, which accounts shall be continually maintained, except as otherwise provided, so long as the indebtedness hereby authorized remains unpaid:

A. Land Acquisition Account. The proceeds of the loan hereby authorized shall be deposited in the Land Acquisition Account which shall be established as a "supervised bank account” as required by the Government. If funds in this account exceed $100,000, it shall be secured by the financial institution in advance in accordance with U.S. Treasury Department Circular No. 176. When all land acquisition costs have been paid in full, any balance remaining in the Land Acquisition Account shall be applied as a refund on the loan and the Land Acquisition Account shall be closed.

B. Debt Service Account. All assigned revenues shall be deposited in the Debt Service Account until there is an amount equal to the next annual installment to become due plus any delinquencies and payments are made to the Reserve Account. The Debt Service Account will be used for making annual installment payments on the loan, payments on any delinquencies that might occur, and payments to the Reserve Account.

C. Reserve Account. Out of the funds in the Debt Service Account, there shall be transferred annually to the Reserve Account the sum of

(no of an annual payment of principal and interest) until there is accumulated in that fund the sum of $ (one annual installment of principal and interest), after which no further transfers need be made to said account except that transfers shall be made to replace any withdrawals. Funds in the Reserve Account shall be used only for the purpose of making payments of principal and interest in the event the amount in the Debt Service Account is insufficient to meet such payments.

Section 6. (Other Covenants and Agreements of the Tribe) The Tribe covenants and agrees that, so long as the indebtedness hereby authorized remains unpaid, the Tribe will

174-017 0-97-_-40

A. Comply with applicable Federal, State, and Tribal laws and regulations and maintain the land in good condition.

B. Impose and collect such rates and charges that gross revenues will be sufficient at all times for the maintenance of the land and the funding of the Debt Service and Reserve Accounts.

C. Cause to be levied and collected such taxes or assessments as may be necessary to maintain the land in good condition, meet payments on the loan, and make the deposits required by Sections 5 B and C, if for any reason gross revenues are insufficient.

D. Maintain complete books and records relating to the operation and maintenance of the land and its financial affairs and will cause such books and records to be audited annually at the end of each fiscal year and an audit report prepared, and will furnish the Government without request a copy of each annual audit report. The audit will be conducted by independent Certified Public Accountants or by licensed Public Accountants, licensed before December 31, 1970, who are certified or licensed by a regulatory authority of a state or other political subdivision of the United States. At all reasonable times, the Government shall have the right to inspect the land and to inspect and copy the records, accounts, and data of the Tribe relating thereto.

E. Maintain such insurance coverage as may be required by the Government.

F. Not borrow any money from any source or enter into any contract or agreement or incur any other liabilities in connection with making improvements to the land (exclusive of normal maintenance) without obtaining the prior written consent of the Government.

G. Not cause or permit any voluntary dissolution of its organization; merge or consolidate with any other organization; dispose of, transfer, or convey its title to any land or any part thereof or interest therein, by sale, mortgage, lease or other encumbrance, without obtaining the prior written consent of the Government.

H. Not modify or amend its constitution in any way that would affect the Government's security without the written consent of the Government.

Section 7. (Security Instruments) In order to secure the payment of the principal and interest or the note and any related obligations of the Tribe to the Government the

(Appropriate Official) and

(Appropriate Official) of the Tribe are hereby authorized and directed to execute and deliver a good and sufficient security instrument encumbering the land or other property and an assignment of revenues and funds held in the United States Treasury for the Tribe. The security instru

ment shall give the Government the lien on the land, Tribal revenues, Tribal Treasury funds or other property and said officials are authorized and directed to acquire such subordination agreements as are necessary to achieve the required priority.

Section 8. (Refinancing) If at any time it shall appear to the Government that the Tribe is able to refinance the loan, in whole or in part, by obtaining a loan for such purposes from responsible cooperative or private credit sources, at reasonable rates and terms for loans for similar purposes and periods of time, the Tribe will, upon request of the Government, apply for and accept such loan in sufficient amount to repay the Government and will take such action as may be required in connection with such refinancing loan.

Section 9. (Waiver of Immunity) In order to secure the payment of the principal and interest of the note and any related obligations, the Tribe hereby waives for the benefit of the Government any immunity from suit or liability which it may possess except that this waiver shall not extend to the acquiring of any judgment, lien, or attachment upon the property of the Tribe other than property of the Tribe other than property specifically pledged, assigned, or mortgaged to the Government in connection with this loan provided that if no real estate is mortgaged to the Government this waiver shall extend to acquiring of judgment, lien or attachment on real estate purchased with the loan herein authorized

Section 10. (Resolution a Contract) The provisions of this resolution shall constitute a contract between the Tribe and the Government so long as the loan made or insured by the Government remains unpaid.

Section 11. This resolution shall take effect and be in force immediately.

The vote was:
YEAS:
NAYS:

ABSENT:
Date

(Appropriate official)

(Appropriate official)

CERTIFICATION I, the undersigned, as

(Appropriate Official) of the

hereby certify that the Tribal Council or such Tribe is composed of members, of whom (constituting a quorem) were present at a meeting thereof duly called and held on the day of

-, 19 — that the foregoing resolution was adopted at such meeting by the affirmative vote of members of such Council and that said resolution has not been rescinded or amended in any way.

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EXHIBIT D TO SUBPART NSUBORDINATION AGREEMENT

Whereas, the United States of America, acting through the Farmers Home Administration or its successor agency under Public Law 103-354, United States Department of Agriculture (hereinafter called the “FmHA or its successor agency under Public Law 103-354") is the holder or insurer of a promissory note (hereinafter called the “Note") in the sum of

bearing interest at the rate of

percent per annum; and Whereas, ther Note

was given by

(hereinafter called the "Tribe") to evidence the indebtedness incurred by the Tribe under a loan (hereinafter call the "Loan" made or insured by the FmHA or its successor agency under Public Law 103-354, and Whereas, Tribal Council Resolution No. dated

authorized the acceptance of the Loan and the issuance of the Note and pledged and assigned income and funds as security for the payment thereof; and

Whereas, the Tribe has entered into a subordination agreement with the United States Department of the Interior, Bureau of Indian Affairs (hereinafter called the BIA), whereby the General Assignment of Income dated

and an Assignment of Income dated

in favor of the BIA is fully subordinated to the Assignment made herein;

Now, therefore, in consideration of the FmHA or its successor agency under Public Law 103-354's making or insuring the Loan end to secure the payment when due of the installments on the Note, the Tribe does hereby grant, convey, pledge and assign to the FmHA or its successor agency under Public Law 103-354 (1) all annual gross income from the land purchased with the loan, and (2) all annual gross income from other sources. If the Tribe shall pay the entire principal of and interest on the Note, this Assignment shall terminate and be of no further force and effect. In Witness Whereof, the

-Tribe of the

Reservation causes this Assignment to be executed by its President and its Tribal seal to be affixed and duly attested. (Seal)

Tribe of the

-Reservation. Attest: By

(Appropriate Official) Date

This Agreement, dated between the United States of America, Department of the Interior (hereinafter called the "BIA", and the

tribe of the

Reservation (hereinafter called the “Tribe"), for the benefit of the Tribe and to induce the United States of America, acting through the Farmers Home Administration or its successor agency under Public Law 103-354, United States Department of Agriculture (hereinafter called the “FmHA or its successor agency under Public Law 103-354"), to make or insure a loan to the Tribe:

Witnesseth:

Whereas, under date of the Tribe executed and delivered to the BIA a "General Assignment and Assignment of Income" (hereinafter called the "General Assignment"), a copy of which is attached hereto and marked Exhibit A; and under date of

an "Assignment of Specific Income" a copy of which is attached hereto and marked Exhibit B, and Whereas, the FmHA or its successor agency under Public Law 103_354 has offered to loan or insure a loan to the Tribe in the sum of

for the purpose of paying part or all of the cost of acquiring interests in approximately

acres of real estate within its reservation pursuant to the provisions of the Act of April 11, 1970, Pub. L. 91-229; and

Whereas, FmHA or its successor agency under Public Law 103-354 requires that the annual gross income from the real estate purchased with the loan and the annual gross income from all other sources in such amount as may be necessary to pay debt service on such loan be pledged to pay the principal and interest on the loan; and

Whereas, the BIA is willing to subordinate to FmHA or its successor agency under Public Law 103-354 as security for said loan its rights under the General Assignment and under the Assignment of Specific Income to a lien on the income of the Tribe from all sources;

Now, Therefore, the BLA does agree as follows:

1. That the right it has under the General Assignment and under the Assignment of Specific Income as referred to in the first WHEREAS above, or any other instrument not mentioned herein to receive the income

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SUBCHAPTERS C-D-[RESERVED]
SUBCHAPTER E-ACCOUNT SERVICING

PARTS 1863-1866-[RESERVED]

SUBCHAPTER F-SECURITY SERVICING AND LIQUIDATIONS

PART 1872-(RESERVED]

SUBCHAPTER G-MISCELLANEOUS REGULATIONS

PARTS 1890–1899-[RESERVED]

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