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COLLECTION DEMAND LETTER up
_________(1)______________
_________(2)______________
_________(3)______________
_________(4)______________
Attention: ______(5)_______
As of the date of this letter, your payment which, under the terms of a promissory note you entered into, was due on ______(6)______, has not been received and is now past due.
If you have already forwarded your payment, please disregard this letter; otherwise, please forward your payment immediately in order to avoid default under the promissory note dated _______(7)______.
Sincerely,
_____________(9)_______________
BILL OF SALE up
STATE OF _________(1)________)
COUNTY OF ________(2)________)
KNOW YE ALL MEN BY THESE PRESENTS,
That, ________(3)__________, of ____________(4)______________, for and in consideration of payment of the sum of $_____(5)_____, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to ___________(6)____________ of
______________(7)________________, and his heirs, executors, administrators, successors and assigns the following property:
(Description of Property)
I hereby warrant that I am the lawful owner of said property and that I have full legal right, power and authority to sell said property. I further warrant said property to be free of all encumbrances and that I will warrant and defend said property hereby sold against any and all persons whomsoever.
IN WITNESS WHEREOF, I, the seller, have hereto set my hand and seal this _(8)_ day of _____(9)_______, 19_(10)_.
______________(11)_____________
STATE OF ________(12)___________)
COUNTY OF _______(13)___________)
On this _(14)_ day of _______(15)________, 19_(16)_, before me personally came and appeared _________(17)___________, known, and known to me, to be the individual described in and who executed the foregoing instrument, and who duly acknowledged to me that he executed same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________(18)______________
My Commission Expires: _________(19)___________
ASSIGNMENT OF RENTS BY LESSOR WITH REPURCHASE AGREEMENT up
1. For value received, _______(1)_______, of ________(2)___________, assignor, assigns and transfers to __________(3)__________, of _________(4)____________, assignee, all rents and other sums due and to become due assignor under that lease dated ________(5)___________, 19__(6)_, between assignor as lessor, and 7)____________, as lessee, for the lease of the following described property: ___________(8)______________.
2. Assignor warrants and represents that:
a. Assignor is the lawful owner of the above- described lease and of the rental property that is the subject thereof and of all rights and interests therein;
b. The lease is genuine, valid, and enforceable;
c. Assignor has a right to make this assignment;
d. The rental property and rental payments and other sums are free from liens, encumbrances, claims and set offs of every kind whatsoever except as follows: ___________(9)______________; and
e. The balance of rental payments unpaid as of the date of this assignment is _____(10)__________ Dollars ($_________), commencing with the next payment due on _________(11)__________, 19__(12)_.
3. Assignor understands and agrees that:
a. Assignee does not assume any of the obligations arising under the lease;
b. Assignor will keep and perform all of his obligations as lessor under the lease, and shall indemnify assignee against the consequences of any failure to do so;
c. Assignor will not assign any other interest in the lease, nor sell, transfer, mortgage, or encumber the property described in the lease, or any part thereof, without first obtaining the written consent of assignee;
d. Assignee may, at his discretion, give grace or indulgence in the collection of all rent and other sums due or to become due under the lease, and grant extensions of time for the payment of any such sums;
e. Assignor waives the right to require assignee to proceed against lessee, or to pursue any other remedy;
f. Assignor waives the right, if any, to obtain the benefit of or to direct the application of any security that is or may be deposited with assignee until all indebtedness of lessee to assignee arising under the lease has been paid; and
g. Assignee may proceed against assignor directly or independently of lessee, and the cessation of the liability of lessee for any reason other than full payment shall not in any way affect the liability of assignor hereunder, nor shall any extension, forbearance of acceptance, release, or substitution of security, or any impairment or suspension of assignee's remedies or rights against lessee in any way affect the liability of assignor hereunder.
4. Assignor guarantees due and punctual payment under the terms of the lease, and on any default by lessee, assignor will, on demand, repurchase the rights assigned hereunder by paying to assignee the then total unpaid balance of rental payments under the lease.
5. Assignor appoints assignee as his attorney in fact to demand, receive, and enforce payment and to give receipts, releases, and satisfactions and to sue for all sums payable, either in the name of assignor or in the name of assignee, with the same force and effect as assignor could have done if this assignment had not been made.
6. Notice of this assignment may be given at any time at assignee's option. In the event any payment under the lease hereby assigned is made to assignor, assignor will promptly transmit such payment to assignee.
7. This assignment is irrevocable and shall remain in full force and effect until and unless there is payment in full of any obligation, the payment of which is secured by it, or until and unless such obligation is released in writing by assignee.
Dated _________(13)____________, 19__(14)_.
___________(15)_______________
AGREEMENT FOR EXTENSION OF LEASE up
This Agreement is made and entered in this _(1)_ day of ________(2)________, 19_(3)_, between _________(4)____________, of ________________(5)__________________, hereinafter referred to as "Landlord" and ________(6)_______, of ___________(7)_____________, hereinafter referred to as "Tenant" regarding the premises of
Landlord generally located at _________(8)_________ and leased to Tenant under a lease dated ______(9)______, the term of which is to expire _______(10)________.
Now, therefore, it is agreed as follows:
1. The above-described lease is hereby renewed for a term of ____(11)_____ beginning ________(12)_________ and ending ___________(13)____________.
2. All terms, provisions and covenants of the above-described lease shall remain in full force for the duration of the extended term, except as noted.
3. In connection with this renewal, the rent, payable monthly, shall be $___(14)___ per month.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
_____________(15)______________
_____________(16)______________
PROPERTY MANAGEMENT AGREEMENT up
This Agreement is made and entered in this _(1)_ day of ________(2)________, 19_(3)_, between _________(4)____________, of ________________(5)__________________, hereinafter called "Owner", and __________(6)__________, of ______________(7)________________, hereinafter called "Manager".
Owner hereby employs the services of the Manager to manage, operate, control, rent and lease the following property:
(Insert Description of Property)
Responsibilities of Manager
The Owner hereby appoints Manager as his lawful agent and attorney-in-fact with full authority to do any and all lawful things necessary for the fulfillment of this Agreement, including the following:
1. To collect all rents due and as they become due, giving receipts therefore; to render to the Owner a monthly accounting of rents received and expenses paid out; and to remit to the Owner all income, less any sums paid out.
2. To make or cause to be made all decorating, maintenance, alterations and repairs to said property and to hire and supervise all employees and other labor for the accomplishment of same.
3. To advertise the property and display signs thereon; to rent and lease the property; to sign, renew and cancel rental agreements and leases for the property or any part thereof; to sue and recover for rent and for loss of or damage to any part of the property and/or furnishings thereof; and, when expedient, to compromise, settle and release any such legal proceedings or lawsuits.
Liability of Manager
Owner hereby agrees to hold Manager harmless from any and all claims, charges, debts, demands and lawsuits, including attorney's fees related to his management of the herein-described property, and from any liability for injury on or about the property which may be suffered by any employee, tenant or guest upon the property.
Compensation of Manager
Owner agrees to compensate Manager as follows:
Term of Agreement
The term of this Agreement shall commence on the _(8)_ day of ______(9)_______, 19_(10)_, and end on the _(11)_ day of _____(12)_______, 19_(13)_.
Upon expiration of the above initial term, this Agreement shall automatically be renewed and extended for a like period of time unless terminated in writing by either party 30 days prior to the date for such renewal.
This Agreement may also be terminated by mutual agreement of the parties at any time upon payment to Manager of all fees, commissions and expenses due Manager under terms of this Agreement.
Extent of Agreement
This document represents the entire Agreement between the parties hereto.
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement on the date first above written.
_____________(14)______________
_____________(15)______________
AGREEMENT FOR PERMISSION TO SUBLET up
This Agreement is made and entered in this _(1)_ day of ________(2)________, 19_(3)_, between _________(4)____________, of ________________(5)__________________, hereinafter referred to as "Landlord" and ________(6)_______, of ___________(7)_____________, hereinafter referred to as "Tenant" regarding the premises of
Landlord generally located at _________(8)_________ and leased to Tenant under a lease dated ______(9)______, the term of which is to expire _______(10)________.
Now, therefore, it is agreed as follows:
1. Permission is hereby granted to Tenant to sublease the premises described above for a term of ____(11)___ beginning ______(12)_______ and ending ______(13)_______.
2. Any and all subtenants shall be required to conform to all obligations and covenants of the Tenant as set forth in the above-described lease, all provisions of said lease remaining in full force and effect for the entire term of the sublease.
3. Any and all adult subtenants shall be required to complete the Landlord's standard rental application and must meet the usual character, employment and credit requirements for tenancy.
4. In the event legal action is required to enforce any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
5. This permission to sublease in no way releases the above-named Tenant from any obligation, responsibility or duty of a Tenant as set forth in the above-described lease.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
_____________(14)______________
_____________(15)______________
LEASE AGREEMENT FOR FURNISHED HOUSE up
This Agreement is made and entered in this _(1)_ day of ________(2)________, 19_(3)_, between _________(4)____________, of ________________(5)__________________, hereinafter referred to as "Landlord" and ________(6)_______, of ___________(7)_____________, hereinafter referred to as "Tenant".
WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from Landlord the premises generally described as ________(8)___________, it is herein agreed as follows:
1. Landlord hereby leases to Tenant, the furnished premises described above for a term of __(9)__ beginning ______(10)________ and ending _______(11)_______, at a monthly rate of $____(12)____.
2. The described premises are leased furnished, to include all furnishes enumerated on the List of Furnishings, which is a part of this lease, signed by both parties and dated.
3. Tenant agrees to pay the rent herein provided subject to the terms and conditions set forth herein.
4. Rent shall be payable in equal monthly installments on the _(13)_ day of each month, to the address of Landlord as stated above or at such other address as Landlord may, from time to time, require.
5. Tenant shall pay for all electricity, water, fuel oil and gas during the term of this lease and any extension or renewal thereof.
6. Landlord covenants that the leased premises are, to the best of his knowledge, clean, safe, sound and healthful and that there exists no violation of any applicable housing code, law or regulation of which he is aware.
7. Tenant agrees to comply with all sanitary laws, ordinances and rules affecting the cleanliness, occupancy and preservation of the premises during the term of this lease.
8. Tenant shall use the leased premises exclusively for a private residence for occupancy by no more than _(14)_ persons, unless otherwise specified herein, and Tenant shall not make any alterations to the house, outbuildings or grounds without written consent of Landlord.
9. Tenant shall keep the premises in good order and repair and shall advise Landlord or Landlord's agent of any needed repairs or maintenance reasonably expected to cost $__(15)_ or more.
10. Tenant agrees to take good care of the furniture, carpets, draperies, appliances and other household goods, and the personal effects of Landlord, and further agrees that he will deliver up same to Landlord in good condition at the end of the term of this lease, normal wear and tear expected.
11. Tenant shall repair or replace, at Tenant's expense, all loss or damage to any of the listed furniture, carpets, draperies, appliances and other household goods, and personal effects of Landlord, whenever such damage or loss shall have resulted from Tenant's misuse, waste or neglect of said furnishings and personal effects of Landlord.
12. Tenant shall cause to be made, at Tenant's expense, all required repairs to heating and air-conditioning apparatus, electric and gas fixtures and plumbing work whenever such damage shall have resulted from misuse, waste or neglect of Tenant, it being understood that Landlord is to have same in good order and repair when giving possession.
13. Tenant shall not keep or have in or on the leased house, outbuildings or grounds any article or thing of a dangerous, flammable or explosive nature that might be pronounced "hazardous" or extra hazardous" by any responsible insurance company.
14. Tenant shall give prompt notice to Landlord or his agent of any dangerous, defective, unsafe or emergency condition in or on the leased premises, said notice being by any suitable means. Landlord or his agent shall repair and correct said conditions promptly upon receiving notice thereof from Tenant.
15. Landlord covenants that the Tenant and Tenant's family shall have, hold and enjoy the leased premises for the term of this lease, subject to the conditions set forth herein.
16. Tenant covenants that he shall not commit nor permit a nuisance in or upon the premises, that he shall not maliciously or by reason of gross negligence damage the house, outbuildings or grounds, and that he shall not engage, nor permit any member of his family to engage, in conduct so as to interfere substantially with the comfort and safety of residents of adjacent buildings.
17. Tenant agrees to place a security deposit with Landlord in the amount of $_(16)_, to be used by Landlord at the termination of this lease for the cost of replacing or repairing damage, if any, to the house, outbuildings, grounds, furnishings or personal effects of Landlord resulting from the intentional or negligent acts of Tenant.
18. Landlord agrees to return said security deposit to Tenant within ten days of the Tenant's vacating the leased premises subject to the terms and conditions set forth herein.
19. Tenant shall, at reasonable times, give access to Landlord or his agents for any reasonable and lawful purpose. Except in situations of compelling emergency, Landlord or his agents shall give the Tenant at least 24 hours' notice of intention to seek access, the date and time at which access will be sought, and the reason therefore.
20. In the event of default by Tenant, Tenant shall remain liable for all rent due or to become due during the term of this lease. Landlord or his agents shall have the obligation to relet the premises in the Landlord's name for the balance of the term, or longer, and will apply proceeds of such reletting toward the reduction of Tenant's obligations enumerated herein.
21. Tenant shall permit Landlord or his agents to show the premises at reasonable hours, to persons desiring to rent or purchase same, 30 days prior to the expiration of this lease, and will permit the notice "To Let" or "For Sale" to be placed on said premises and remain thereon without hindrance or molestation after said date.
22. In the event of any breach by the Tenant of any of Tenant's covenants or agreements herein, Landlord or his agents may give Tenant five days' notice to cure said breach, setting forth in writing which covenants or agreements have been breached. If any breach is not cured within said five-day period, or reasonable steps to effectuate said cure are not commenced and diligently pursued within said five-day period and thereafter until said breach has been cured, Landlord or his agents may terminate this lease upon five days' additional notice to the Tenant, with said notice being in lieu of a Notice to Quit, which Tenant hereby waives.
Said termination shall be ineffective if Tenant cures said breach or commences and diligently pursues reasonable steps to effectuate such cure at any time prior to the expiration of said five-day termination. Upon terminating this lease as provided herein, Landlord or his agent may commence proceedings against Tenant for his removal as provided for by law.
23. In the event of any breach by Landlord of any of Landlord's covenants or agreements herein, Tenant may give Landlord ten days' notice to cure said breach, setting forth in writing the manner in which said covenants and agreements have been breached. If said breach is not cured within said ten-day period, or reasonable steps to effectuate said cure are not commenced and diligently pursued within said ten-day period and thereafter until said breach has been cured, rent hereunder shall be fully abated from the time at which said ten days' notice expired until such time as Landlord has fully cured the breach set forth in the notice provided for in this paragraph.
24. In no case shall any abatement of rent hereunder be effected where the condition set forth in the notice provided for herein was created by the intentional or negligent act of the Tenant, but Landlord shall have the burden of proving that rent abatement may not be effected for the foregoing reason.
25. Landlord agrees to deliver possession of the leased premises at the beginning of the term provided for herein. In the event of Landlord's failure to deliver possession at the beginning of said term, Tenant shall have the right to rescind this lease and recover any consideration paid under terms of this Agreement.
26. Tenant agrees that this lease shall be subject to and subordinate to any mortgage or mortgages now on said premises or which any owner of said premises may hereafter at any time elect to place on said premises.
27. Unless otherwise provided for elsewhere in this lease, any notice required or authorized herein shall be given in writing, one copy of said notice mailed via U.S. certified mail, return receipt requested, and one copy of said notice mailed via U.S. first-class mail.
Notice to Tenant shall be mailed to him at the leased premises. Notice to Landlord shall be mailed to him, or to the managing agent, at their respective addresses as set forth herein, or at such new address as to which the Tenant has been duly notified.
28. This lease constitutes the entire agreement between the parties hereto. No changes shall be made herein except by writing, signed by each party and dated. The failure to enforce any right or remedy hereunder, and the payment and acceptance of rent hereunder, shall not be deemed a waiver by either party of such right or remedy in the absence of a writing as provided for herein.
29. In the event legal action is required to enforce any provision of this Agreement, the prevailing party shall be entitled to recovery reasonable attorney's fees and costs.
30. Landlord and Tenant agree that this lease, when filled out and signed, is a binding legal obligation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
_____________(17)______________
_____________(18)______________
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY up
THIS OPTION AGREEMENT ("Agreement") made and entered into this _(1)_ day of ____(2)_____, 19_(3)_, by and between _______(4)______, whose principal address is _______(5)_________, hereinafter referred to as "Seller" and ________(6)_______, whose principal address is _______(7)________, hereinafter referred to as "Purchaser":
W I T N E S S E T H:
WHEREAS, Seller is the fee simple owner of certain real property being, lying and situated in the County of ___(8)____, State of ______(9)_______, such real property having the street address of ___________(10)_____________ ("Premises") and such property being more particularly described as follows:
(Insert Legal Description)
and,
WHEREAS, Purchaser desires to procure an option to purchase the Premises upon the terms and provisions as hereinafter set forth;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties hereto and for the mutual covenants contained herein, Seller and Purchaser hereby agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following meanings:
(a) "Execution Date" shall mean the day upon which the last party to this Agreement shall duly execute this Agreement;
(b) "Option Fee" shall mean the total sum of a down payment of _(11)_ percent (___%) of the total purchase price of the Premises plus all closing costs, payable as set forth below;
(c) "Option Term" shall mean that period of time commencing on the Execution Date and ending on or before _______(12)_____, 19_(13)_;
(d) "Option Exercise Date" shall mean that date, within the Option Term, upon which the Purchaser shall send its written notice to Seller exercising its Option to Purchase;
(e) "Closing Date" shall mean the last day of the closing term or such other date during the closing term selected by Purchaser.
2. GRANT OF OPTION. For and in consideration of the Option Fee payable to Seller as set forth herein, Seller does hereby grant to Purchaser the exclusive right and Option ("Option") to purchase the premises upon the terms and conditions as set forth herein.
3. PAYMENT OF OPTION FEE. Purchaser agrees to pay the Seller a down payment of _(14)_ percent (____%) of the total purchase price of the Premises plus all closing costs upon the Execution Date.
4. EXERCISE OF OPTION. Purchaser may exercise its exclusive right to purchase the Premises pursuant to the Option, at any time during the Option Term, by giving written notice thereof to Seller. As provided for above, the date of sending of said notice shall be the Option Exercise Date. In the event the Purchaser does not exercise its exclusive right to purchase the Premises granted by the Option during the Option Term, Seller shall be entitled to retain the Option Fee, and this agreement shall become absolutely null and void and neither party hereto shall have any other liability, obligation or duty hereinunder or pursuant to this Agreement.
5. CONTRACT FOR PURCHASE & SALE OF REAL PROPERTY. In the event that the Purchaser exercises its exclusive Option as provided for in the preceding paragraph, Seller agrees to sell and Purchaser agrees to buy the Premises and both parties agree to execute a contract for such purchase and sale of the Premises in accordance with the following terms and conditions:
(a) Purchase Price. The purchase price for the Premises shall be the sum of ______(15)_______ ($__________); however, Purchaser shall receive a credit toward such purchase price in the amount of the Option Fee thus, Purchaser shall pay to Seller at closing the sum of _______(16)_____ ($___________);
(b) Closing Date. The closing date shall be on _______(17)______, 19_(18)_ or at any other date during the Option Term as may be selected by Purchaser;
(c) Closing Costs. Purchaser's and Seller's costs of closing the Contract shall be borne by Purchase and shall be prepaid as a portion of the Option Fee;
(d) Default by Purchaser; Remedies of Seller. In the event Purchaser, after exercise of the Option, fails to proceed with the closing of the purchase of the Premises pursuant to the terms and provisions as contained herein and/or under the Contract, Seller shall be entitled to retain the Option Fee as liquidated damages and shall have no further recourse against Purchaser;
(e) Default by Seller; Remedies of Purchaser. In the event Seller fails to close the sale of the Premises pursuant to the terms and provisions of this Agreement and/or under the Contract, Purchaser shall be entitled to either sue for specific performance of the real estate purchase and sale contract or terminate such Contract and sue for money damages.
6. MISCELLANEOUS.
(a) Execution by Both Parties. This Agreement shall not become effective and binding until fully executed by both Purchaser and Seller.
(b) Notice. All notices, demands and/or consents provided for in this Agreement shall be in writing and shall be delivered to the parties hereto by hand or by United States Mail with postage pre-paid. Such notices shall be deemed to have been served on the date mailed, postage pre-paid. All such notices and communications shall be addressed to the Seller at __________(19)_________ and to Purchaser at ________(20)________ or at such other address as either may specify to the other in writing.
(c) Fee Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of ______(21)_____.
(d) Successors and Assigns. This Agreement shall apply to, inure to the benefit of and be binding upon and enforceable against the parties hereto and their respective heirs, successors, and or assigns, to the extent as if specified at length throughout this Agreement.
(e) Time. Time is of the essence of this Agreement.
(f) Headings. The headings inserted at the beginning of each paragraph and/or subparagraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any terms or provisions hereof.
(g) Cost of this Agreement. Any cost and/or fees incurred by the Purchaser or Seller in executing this Agreement shall be borne by the respective party incurring such cost and/or fee.
(h) Entire Agreement. This Agreement contains all of the terms, promises, covenants, conditions and representations made or entered into by or between Seller and Purchaser and supersedes all prior discussions and agreements whether written or oral between Seller and Purchaser with respect to the Option and all other matters contained herein and constitutes the sole and entire agreement between Seller and Purchaser with respect thereto. This Agreement may not be modified or amended unless such amendment is set forth in writing and executed by both Seller and Purchaser with the formalities hereof.
IN WITNESS WHEREOF, the parties here to have caused this Agreement to be executed under proper authority:
As to Purchaser this _(22)_ day of ______(23)_____, 19_(24)_.
Witnesses: "Purchaser"
____________(25)_______________ ____________(26)______________
____________(25)_______________
As to Seller this _(27)_ day of ________(28)______, 19_(29)_.
Witnesses: "Seller"
___________(25)_______________ ____________(30)______________
___________(25)_______________
LEASE AGREEMENT up
 THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this _(1)_ day of ____(2)_____, 19_(3)_, by and between ______________(4)________________________, whose address is ____________(5)__________________ (hereinafter referred to as "Lessor") and ________________(6)_________________ (hereinafter referred to as "Lessee").
W I T N E S S E T H :
WHEREAS, Lessor is the fee owner of certain real property being, lying and situate in _____(7)_______ County, _____(8)_____, such real property having a street address of _______(9)__________________________________________.
WHEREAS, Lessor is desirous of leasing the Premises to Lessee upon the terms and conditions as contained herein; and
WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00), the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of _(10)_ year(s), such term beginning on _____(11)_________, and ending at 12 o'clock midnight on __________(12)________.
2. RENT. The total rent for the term hereof is the sum of _____________(13)_______________ DOLLARS ($____________) payable on the _(14)_ day of each month of the term, in equal installments of _______________(15)___________ DOLLARS ($_____________) first and last installments to be paid upon the due execution of this Agreement, the second installment to be paid on _________(16)__________. All such payments shall be made to Lessor at Lessor's address as set forth in the preamble to this Agreement on or before the due date and without demand.
3. DAMAGE DEPOSIT. Upon the due execution of this Agreement, Lessee shall deposit with Lessor the sum of __________(17)_____________ DOLLARS ($________) receipt of which is hereby acknowledged by Lessor, as security for any damage caused to the Premises during the term hereof. Such deposit shall be returned to Lessee, without interest, and less any set off for damages to the Premises upon the termination of this Agreement.
4. USE OF PREMISES. The Premises shall be used and occupied by Lessee and Lessee's immediate family, consisting of ________(18)__________ __________________________ ____________, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Lessee for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Lessee shall not allow any other person, other than Lessee's immediate family or transient relatives and friends who are guests of Lessee, to use or occupy the Premises without first obtaining Lessor's written consent to such use. Lessee shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises.
5. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB-LETTING. Lessee shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Lessor. A consent by Lessor to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Lessor or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Lessor's option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, be and become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Lessor cannot deliver possession of the Premises to Lessee upon the commencement of the Lease term, through no fault of Lessor or its agents, then Lessor or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Lessor or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Lessee agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Lessor or its agents, then this Agreement and all rights hereunder shall terminate.
9. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.
10. UTILITIES. Lessee shall be responsible for arranging for and paying for all utility services required on the Premises.
11. MAINTENANCE AND REPAIR; RULES. Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Lessee shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Lessor;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Lessee shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee;
(i) And Lessee's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.
14. SUBORDINATION OF LEASE. This Agreement and Lessee's interest hereunder are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Lessor, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.
15. LESSEE'S HOLD OVER. If Lessee remains in possession of the Premises with the consent of Lessor after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Lessor and Lessee which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ______(19)________ DOLLARS ($___________) per month and except that such tenancy shall be terminable upon fifteen (15) days written notice served by either party.
16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted.
17. ANIMALS. Lessee shall be entitled to keep no more than _(20)_ (___) domestic dogs, cats or birds; however, at such time as Lessee shall actually keep any such animal on the Premises, Lessee shall pay to Lessor a pet deposit of _________(21)__________ DOLLARS ($_______), _______(22)________ DOLLARS ($_________) of which shall be non-refundable and shall be used upon the termination or expiration of this Agreement for the purposes of cleaning the carpets of the building.
18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee's performance of all Lessee's agreements contained herein and Lessee's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof.
19. INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to the Lessee, Lessee's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Lessee hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature.
20. DEFAULT. If Lessee fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Lessee by statute, within seven (7) days after delivery of written notice by Lessor specifying the non-compliance and indicating the intention of Lessor to terminate the Lease by reason thereof, Lessor may terminate this Agreement.
If Lessee fails to pay rent when due and the default continues for seven (7) days thereafter, Lessor may, at Lessor's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Lessor at law or in equity or may immediately terminate this Agreement.
21. LATE CHARGE. In the event that any payment required to be paid by Lessee hereunder is not made within three (3) days of when due, Lessee shall pay to Lessor, in addition to such payment or other charges due hereunder, a "late fee" in the amount of _________(23)____________ ($__________).
22. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the Premises or any part thereof, Lessor may, at Lessor's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so.
23. ATTORNEYS' FEES. Should it become necessary for Lessor to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Lessee agrees to pay all expenses so incurred, including a reasonable attorneys' fee.
24. RECORDING OF AGREEMENT. Lessee shall not record this Agreement on the Public Records of any public office. In the event that Lessee shall record this Agreement, this Agreement shall, at Lessor's option, terminate immediately and Lessor shall be entitled to all rights and remedies that it has at law or in equity.
25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of _______(24)___________.
26. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto.
28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Lessor or Lessee.
29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
30. NON-WAIVER. No indulgence, waiver, election or non-election by Lessor under this Agreement shall affect Lessee's duties and liabilities hereunder.
31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed:
As to Lessor this _(25)_ day of _____(26)_____, 19_(27)_.
Witnesses: "Lessor"
___________(28)_____________ _____________(29)_____________
___________(30)_____________
___________(28)_____________
As to Lessee this _(31)_ day of ______(32)____, 19_(33)_.
Witnesses: "Lessee"
_________(28)____________ _____________(34)___________
_________(28)____________ _____________(35)___________
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