Section PRP.05.44 — Receiver: Appointment, Duties And Responsibilities

(a) In addition to appointing a receiver upon petition of the Mortgagee in connection with an assignment of Leasehold Interest in lieu of foreclosure, the Tribal Court shall appoint a receiver upon commencement of a foreclosure action and shall have the authority to prevent waste from occurring on the Lease Premises during the pendency of the proceeding.

(b) Except as otherwise agreed by the Tribe pursuant to a memorandum of understanding or other agreement with a Mortgagee, the receiver shall be the Tribe. The receiver shall have the authority to hire such professionals as directed by the Mortgagee to manage and secure the Leased Premises.

(c) The receiver shall be an officer of the Tribal Court and shall be immune from all liability except that arising from its own negligence or willful acts. All contracts for services entered into by the receiver shall be satisfied solely from the proceeds from the sale or rental of the Leased premises or shall be advanced by the Mortgagee.

(d) The Tribal Court shall discharge the receiver when the Leased Premises are sold and the proceeds are distributed according to this Ordinance.