HPMC-FHA 7580.3

Exbibit $

CONSIDERATION FOR LEASE. In consideration of the Lessor entering into the lease, the Lessee agrees to pay $. with respect to each dwelling site comprising the property, such payment to be effected by the crediting of the amount of $. as a mutual-help contribution to each Mutual-Help Participant or his successor in interest who will occupy each of the dwelling sites comprising the property. In addition, the Lessee shall pay the Lessor for the use of the premises rent at the rate of one dollar ($1.00) for each 25 year term, payment to be made for each term in advance. It is agreed that there shall be no adjustment of these payments in the event that any part of the leased premises is taken by condemnation for nighway or other public purposes. It is further agreed that this lease or any part thereof including this paragraph shall not be construed to prejudice the rights or impair the prosecution of any claim of the Lessee arising out of such condemnation proceeding.

5. SUBLEASES AND ASSIGNMENTS. The primary purpose of this lease is to provide Participants in the Mutual-Help Housing Project with sites for housing. The Lessee is hereby authorized to make subleases and assignments of its leasehold interests in connection with its development and operation of the Mutual-Help Housing Project. During the term of any sublease, should the participant he or become an owner of the land it is hereby agreed that a merger of interest shall not occur.

6. IMPROVEMENTS. All improvements shall remain the property of the Lessee or its assigns until the expiration of the lease.

7. INSURANCE. Lessee shall obtain and pay for owners', landlords', and tenants' public liability insurance, excluding property damage, in amounts acceptable to. It is understood and agreed that the term "owners" includes both the

United States and the Lessor.

8.

TERMINATION OF FEDERAL SUPERVISION. Nothing contained in this lease shall operate to delay or prevent a termination of Federal trust responsibilities with respect to the land by the issuance of a fee patent or otherwise during the term of the lease; however, such termination shall not serve to abrogate the lease. The owners of the land and the Lessee shall be notified by the Secretary of any such change in the status of the land.

9. SHARE OF BENEFIT PROM LEASE. No member of Congress or any delegate thereto or any Resident Commissioner shall be admitted to any share or part of this lease or to any benefit that may arise here from.

10. QUIET ENJOYMENT. Lessor agrees to defend the title to the leased premises and also especially agrees that Lessee and its tenants shall peaceably and quietly hold, enjoy and occupy the leased premises for the duration of this lease without any hindrance, interruption, ejection or molestation by Lessor or by any other person or persons whomsoever.

11.

SURRENDER OF POSSESSION. If upon expiration or other termination of this lease, further use rights are not granted to the Lessee or its assigns by the Lessor, said Lessee or its assigns shall, upon demand, surrender to the Lessor complete and peaceable possession of the premises.

12.

UNLAWFUL CONDUCT. The Lessee agrees not to use or cause to be used any part of said premises for any unlawful conduct or purposes.

13.

OBLIGATIONS TO THE UNITED STATES.

It is understood and agreed that while the leased premises are in trust or restricted status, all of the Lessee's obligations under this lease are to the United States as well as to the Lessor.

HPMC-FHA 7580.3

Exhibit S

In witness whereof, the parties here to have subscribed their names as of the date first above written.

APPENDIX IX

Various Agreements and Memoranda of Understanding
Entered Into by HUD, BIA, and IHS
Between 1963 and 1969

Ion. PHILLEO NASH,

Commissioner, Bureau of Indian Affairs,
Vashington 25, D.C.

DEAR MR. NASH: Your agency has requested us to develop a proram that could meet the housing needs of low-income Indian families on reservations, stressing their desire for home ownership, their extremely meager financial resources, and their potential for contributing personal resources in the construction and maintenance of housing. To meet the needs of the Indian families, we have developed a MutualHelp housing program under the United States Housing Act of 1937 under which the financial and technical aid available under that Act would be combined with mutual-help contributions by the Indians and the Indian tribes, and with services and assistance of the Bureau of Indian Affairs, to provide housing which would meet such needs.

In the course of the development of this program, we and representatives of our agencies have consulted from time to time with respect to both the features of the program and the responsibilities which should be borne by our respective agencies. As a result of these consultations and correspondence, we have arrived at certain understandings of a suitable division of responsibilities between the PHA and the BIA in the development and operation of the first mutual-help housing project. The purpose of this letter is to outline the elements of our understanding so that, if it meets with your agreement, we can pass it on to our respective Regional and Area offices with the further understanding that it is subject to modification as we gain experience in the program.

It is recognized that, in this mutual-help housing program for Indians, there are substantial differences from the conventional PHAaided low-rent housing program. Some of these differences stem from (1) unique ethnic patterns and ways of living, (2) land tenure patterns, (3) the element of "ownership" and the effect of "ownership" incentives, (4) extremely low economic base, (5) rural rather than urban attitudes, and (6) the unique relationships betweep the occupants, the the local housing authority, and the Federal Government. Because of these factors, it is important that the PHA Regional Directors and the BIA Area Directors work in close cooperation and that contacts with tribal governments, various agencies, and individual tribal members be made at the field level in cooperation with and through the superintendents of the reservations.

A. BUREAU OF INDIAN AFFAIRS

In relation to mutual-help housing projects, the BIA will do the following:

1. Designate, for each mutual-help project, a representative of the BIA to act as a coordinator with the PHA and tribal housing authority. 2. Assist the tribal government in the preparation of the Workable Program for submission to the Housing and Home Finance Agency.