N.M. Admin. Code § 19.2.22.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.22.21 - DEFAULT; REMEDIES

Unless otherwise provided in a planning and development lease, a lessee shall be in default under a planning and development lease if a breach of the lease is not cured within 30 days after the commissioner gives written notice of the breach to the lessee. A breach of the lease may include, without limitation, a failure to pay any rent or other monetary obligation due under the lease, or a violation of any term, condition, or covenant of the lease, or the failure to perform or observe any other obligation of the lessee under the lease.

A. Notice. Written notice of a breach shall be sent to the lessee, and to the holder of any collateral assignment or leasehold mortgage, at their addresses of record at the state land office, by certified mail. The commissioner need only provide proof of mailing to establish satisfactory compliance with this notice requirement.

B. Remedies. On the default of a lessee, the commissioner shall have all the remedies available to the commissioner at law or in equity in New Mexico, and as provided in the planning and development lease, including, without limitation, terminating the lease, retaking possession of the leased trust land with or without termination of the lease, and proceeding to recover any damages, including damages for any unpaid or unperformed obligations of the lessee.

N.M. Admin. Code § 19.2.22.21

19.2.22.21 NMAC - N, 11/30/12