Unless the lease provides otherwise, the lessee must notify all Indian landowners of the proposed leasehold mortgage.
The Indian landowners, or their representatives under § 162.013, must consent to a leasehold mortgage of a business lease in the same percentages and manner as a new business lease under § 162.012, unless the lease:
States that landowner consent is not required for a leasehold mortgage and identifies what law would apply in case of foreclosure;
Provides that individual Indian landowners are deemed to have consented where they do not object in writing to the leasehold mortgage within a specified period of time following the landowners' receipt of the leasehold mortgage and the lease meets the requirements of paragraph (c) of this section;
Authorizes one or more representatives to consent to a leasehold mortgage on behalf of all Indian landowners; or
Designates us as the Indian landowners' representative for the purposes of consenting to a leasehold mortgage.
If the lease provides for deemed consent under paragraph (b)(2) of this section, it must require the parties to submit to us:
A copy of the executed leasehold mortgage or other documentation of any Indian landowners' actual consent;
Proof of mailing of the leasehold mortgage to any Indian landowners who are deemed to have consented; and
Any other pertinent information for us to review.
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