1 2 3

RENTAL AGREEMENT/LEASE OF RESIDENTIAL REAL PROPERTY

4 5In consideration of the rents and covenants hereinafter set forth, and in consideration of the representation of 6TENANT that they are financially sound, stable, responsible, and reliable persons, LANDLORD hereby rents/ 7leases to TENANT, and TENANT hereby rent(s)/leases) from LANDLORD, the following described residential real 8property upon the following terms and conditions: 9
10DEFINITIONS

11The below definitional paragraphs are not only for purposes of definitions, but the provisions thereof are to be 12treated as if contained in any other part of this Agreement.
13 14

TYPE, CHANGE AND NORMAL TERMINATION

15[ ] This is a month to month Rental Agreement. Unless otherwise specified herein and in accordance with 16applicable law, termination of this Agreement may be made by any party upon written notice lawfully served upon 17all the parties hereto at the place designated herein for the service of notice no less than the minimum number of 18days before said date of termination as provided by then prevailing law. All terms, covenants and conditions may 19be deleted, added to, or modified by LANDLORD upon proper notice. 20 21[X] This is a Lease for a fixed term of 12 months and shall automatically terminate on April 30, 2005 . Renewal of 22the term shall be as described in Paragraph 31 of this Agreement. This lease maybe terminated by the Landlord 23upon 30 days written notice to Tenant that the Premises have been sold.
24 25

LANDLORD

26(Insert your name here) is the Landlord. 27(Insert your name here), President is the Managing Agent Office Phone 702-???-???? 28(Insert your address here) Cell Phone 702-???-???? 29 Las Vegas, NV (891??) Fax 702-???-???? 30 31As used herein, "LANDLORD" shall refer to the owner, the managing agent, and their agents and/or employees. 32
33

TENANT

34(Tenant Name), 35Is (are) all adult(s). Children under her care, custody, and control are: 36(Tenant Child), (Tenant Child) 37 38All of said persons are hereinafter collectively referred to as "TENANT". After born children of TENANT shall be 39reported to LANDLORD in accordance with Paragraph 6 of this Agreement and shall be added and included in 40the term "TENANT", provided, however, that such addition does not exceed the limitations of occupancy set by 41LANDLORD or by law, in which case this tenancy may be terminated by LANDLORD on proper written notice. 42Should any minor children herein named reach their majority during this tenancy, such TENANT shall sign this 43Agreement and thereby adopt all contractual obligations and rights thereof. 44
45

THE PROPERTY

46The real property to be rented/leased, hereinafter referred to as "THE PROPERTY", is 3 bedroom 2 bath single 47level townhouse with a 2 car attached garage situated at the premises commonly referred to as 9401 (Street 48Name) Ave # 103., Las Vegas, NV 89129. 49
50

THE RENT

51The rental rate for THE PROPERTY is $ 1,050.00 per month and said sum is hereinafter referred to as "THE 52RENT". THE RENT is subject to change in form and amount as described in Paragraph 2 of this Agreement. 53However, the first payment of THE RENT shall be given to LANDLORD by TENANT only in the form of Cashier's 54Check or Money Order at the time of the execution of this Agreement. In no event shall TENANT have the right to 55possess or use THE PROPERTY prior to this first payment of THE RENT. 56 57The first payment of THE RENT may be prorated if the term is to commence on a date other than the day 58specified for the payment of THE RENT in Paragraph 2 of this Agreement.
59 60 61

SECURITY DEPOSIT

62An initial Security Deposit of $ 900.00 shall be given to LANDLORD by TENANT only in the form of Cashier's 63Check or Money Order at the time of the execution of this Agreement. In no event shall TENANT have the right to 64possess or use THE PROPERTY prior to this payment. 65 66This sum of money represents security for the faithful performance of this Agreement by TENANT. It may only be 67used to remedy any default, breach, damages, cleaning, or property damage due to the acts or conduct of 68TENANT and/or their guests or licensees. No part of this deposit is to be considered as an advance payment of 69THE RENT, nor is it to be used or refunded prior to THE PROPERTY being permanently and totally vacated by 70TENANT and each of them. 71 72The unused portion of this security deposit shall be returned to TENANT by LANDLORD, without interest (unless 73required by law), according to law, after the termination of this tenancy, or any renewal or extension thereof. In the 74event the Security Deposit is not sufficient to pay all the lawful expenses and charges at the termination of this 75tenancy, TENANT shall immediately, upon written notice, pay to LANDLORD any additional sums necessary to 76pay all such lawful expenses and charges in full. 77 78The time period within which LANDLORD must account for the Security Deposit shall not commence to run until 79LANDLORD has acquired a total and lawful right to possession of the entirety of THE PROPERTY. 80 81The security deposit may be increased from time to time with, and in proportion to, any increase in THE RENT, 82when consent to have a pet is given, or when adding an occupant in accordance with this Agreement. Failure to 83pay such increase shall be deemed a material, but remediable breach of this Agreement. 84
85

CLEANING FEE

86TENANT to pay on April 1, 2004 $ 250.00 a non-refundable cleaning fee to be retained by LANDLORD and 87applied towards the cleaning of the premises upon termination of TENANT occupancy of the premises and/or 88lease termination which ever comes first. Failure to pay said fee shall be deemed a material, but irremediable 89breach of this Agreement. 90
91

COMMENCEMENT OF THE TERM

92Subject to the payment of THE RENT for the first month, and the payment of the initial Security Deposit, the right 93of TENANT to possess THE PROPERTY, and the term of this Agreement, shall commence on April 14, 2004. 94However, if LANDLORD is unable to deliver possession on said date due to loss, destruction, impossibility, failure 95of a prior occupant to vacate, or for any other reason, either party hereto may cancel this Agreement with written 96notice properly served. If so cancelled, all consideration received by the parties, for whatever reason or purpose, 97shall be refunded in full. If neither party so cancels, this Agreement shall remain in full force and possession shall 98be given to TENANT when THE PROPERTY is available with an appropriate pro-ration of THE RENT. 99 100 101THE RENT in a Month-to-Month Agreement may be increased from time to time , at the discretion of LANDLORD, 102upon written notice served no less than the minimum number of days before the intended effective date of said 103increase, as provided by the prevailing law at the time (currently 45 days). Failure to pay such increase shall be 104deemed a material, but remediable breach of this Agreement. 105 106PARAGRAPH 1 - LIABILITY OF TENANT: TENANT, and each of them, whether in actual possession of THE 107PROPERTY, or not, shall be jointly and severally liable for all other TENANT herein so long as any of the 108TENANT remain in possession of THE PROPERTY. TENANT further, jointly and severally, accept liability for any 109and all acts of their guests and/or licensees, whether intentional, or as a result of negligence. 110 111It is specifically understood and agreed that termination of any individual tenant's tenancy herein shall not relieve 112that tenant of the liability stated herein for the performance, acts or conduct of any other remaining person 113categorized herein as TENANT, their guests and/or licensees. 114 115 ________ ________
116 117

Initial

Initial

118PARAGRAPH 2 - PAYMENT OF THE RENT: On or before the 5th day of each month, TENANT shall pay THE 119RENT, made payable to LANDLORD, in advance, in full, in the form, and to the person indicated below, and in no 120other manner. Time is of the essence. The form of payment or the person to whom it is paid may be changed by 121the LANDLORD at any time, for any reason, upon ten (10) days written notice. 122 123PERSON TO WHOM THE RENT IS TO BE PAID ACCEPTABLE FORMS OF PAYMENT

124[ ] Resident Manager [ ] Cash 125[ X ] Off Premises Manager located at [ X ] Cashier's Check 126 (Insert your address here). [ X ] Money Order 127 Las Vegas, NV (891??) [ X ] Personal Check 128[ X ] LANDLORD or agent at address given herein under heading of LANDLORD. 129[ ] LANDLORD shall collect THE RENT. 130 131Checks and Money Orders shall be made payable to (Insert your name here) . 132 133THE RENT in a Month-to-Month Agreement may be increased from time to time , at the discretion of LANDLORD, 134upon written notice served no less than the minimum number of days before the intended effective date of said 135increase, as provided by the prevailing law at the time (currently 45 days). Failure to pay such increase shall be 136deemed a material, but remediable breach of this Agreement. 137 138TENANT payments will first be applied to charges other than rent and then any remaining portion of the payment 139to the rent balance. 140 141PARAGRAPH 3 - LATE FEE: In the event THE RENT is not paid in full on, or before, the date specified in 142Paragraph 2 of this Agreement, and in the form indicated, THE RENT shall be deemed late and TENANT shall 143pay a "Late Fee'' as determined herein. The Late Fee shall be paid in addition to THE RENT and shall become 144due for each and every month THE RENT, or any portion thereof, is late. 145 146Amongst many other anticipated and unanticipated things, a late or partial payment of THE RENT requires the 147preparation and service of notices and special handling and banking of the funds collected on a separate and 148individual basis. The exact additional efforts, costs. expense, and/or damages that will be incurred by LANDLORD 149in that event are impossible, impracticable and extremely difficult to determine in advance and is therefore 150unknown to the parties hereto. It is therefore agreed that : 151$49.00 is a reasonable sum that will reasonably compensate LANDLORD for each such late monthly payment. 152Said sum is specifically agreed upon as a reasonable Late Fee". 153 154This provision for the payment of a Late Fee is solely for the purpose of compensating LANDLORD for TENANT 155non-performance and is not to be construed as a right to pay THE RENT late, or as an alternative performance to 156the requirement that TENANT pay THE RENT in a timely manner, or as a waiver by LANDLORD of the Time is of 157the Essence provision contained in Paragraph 2. 158 159This paragraph shall be construed to be a Liquidated Damages Provision in accordance with state law and shall 160pre-empt any local ordinances to the contrary. 161 162PARAGRAPH 4 - DISHONOR FEE: If the payment of THE RENT is permitted to be in a form other than cash, 163and any such payment is dishonored upon presentation, TENANT shall pay a ''Dishonor Fee" as determined 164herein. The "Dishonor Fee" shall be paid in addition to THE RENT and shall become due for each and every 165month THE RENT payment, or any portion thereof, is dishonored. 166 167Amongst many other anticipated and unanticipated things, multiple payments of THE RENT require the 168preparation and service of notices, extraordinary bank charges, changing prior bookkeeping entries, and other 169special handling and banking with respect to the subsequent funds collected, on a separate and individual basis. 170The exact additional costs, expense, and/or damages that will be incurred by LANDLORD in that event are 171impossible, impracticable and extremely difficult to determine in advance and are therefore unknown to the parties 172hereto. It is therefore agreed that: 173$39.00 is a reasonable sum that will reasonably compensate LANDLORD in the event of a dishonored payment 174and said sum is specifically agreed upon as a reasonable Dishonor Fee. 175 176This provision for the payment of a Dishonor Fee is solely for the purpose of compensating LANDLORD and is not 177to be construed as a right to pay THE RENT with insufficient funds, or as an alternative performance to the 178requirement that TENANT pay THE RENT in a timely manner, or as a waiver by LANDLORD of TENANT' 179obligation with respect to the payment of THE RENT. 180 181If the dishonor causes THE RENT to be late, a "Late Fee" in addition to a "Dishonor Fee" shall be due and 182payable by TENANT. 183This paragraph shall be construed to be a Liquidated Damages Provision in accordance with state law and shall 184pre-empt any local ordinances to the contrary.

185 186PARAGRAPH 5 COURT PROCESSING FEE: If the Landlord gives you a 5 day notice and you fail to pay or 187comply within 5 calendar days you will be assessed a Landlord court processing fee of $50 in addition to charges 188of the court (currently $127) even if the court processing is subsequently canceled. 189 190PARAGRAPH 6 - UPDATING INFORMATION: The written Rental Application supplied to the LANDLORD by 191TENANT for the rental/lease of THE PROPERTY, and the Credit Application of the GUARANTOR in Appendix B 192hereto, are attached hereto, incorporated herein, and made a part hereof by this reference. It is specifically 193understood that the representations made in said Rental Application and Credit Application have been relied upon 194by LANDLORD in LANDLORD's decision to rent/lease to TENANT. If any fact supplied by TENANT or the 195GUARANTOR should later be determined to be false or substantially misleading, LANDLORD, at LANDLORD's 196sole option and discretion, may terminate this Agreement upon written notice served no less than the minimum 197number of days before the termination date as provided by prevailing law at that time. 198 199 __________ ________
200

INITIAL

INITIAL

201TENANT acknowledge that because of the obligations and liabilities contained in this Agreement, the LANDLORD 202has a reasonable need for current and accurate information concerning TENANT and TENANT specifically 203covenant that within seven (7) days time from any change in the information contained in their Rental Application 204or related to this tenancy regarding either banking, employment, automobile ownership or usage, insurance, 205tenant bonding, or new born children, written notice thereof shall be given to LANDLORD. Failure to provide such 206written notice shall be considered a material, but remediable breach of this Agreement. 207 208PARAGRAPH 7 - OCCUPANTS AND USE: THE PROPERTY shall be occupied as living quarters, for residential 209purposes, only by TENANT as defined herein, and by no other persons at any time for any reason. 210 211Should one or more of TENANT terminate their tenancy apart and separately from other TENANT, no right to 212have another person substituted in their stead shall exist. THE PROPERTY is hereby rented to specific individuals 213and not to a number of persons. Overnight and longer term guests of TENANT are specifically prohibited without 214the prior written consent of LANDLORD and the payment of a proper additional consideration therefor. Such 215written consent shall be a revocable license and shall not be construed to grant a possessory interest or right in 216and to THE PROPERTY with respect to such guests. 217 218Any person, other than TENANT or guests and/or licensees of TENANT for whom written consent has been 219given, occupying THE PROPERTY, may be subject to arrest for Trespass and/or Unlawful Entry. Should such 220arrested person claim a right of occupancy by and/or through TENANT, then TENANT shall indemnify and hold 221LANDLORD free and harmless from any and all claims that may arise from said event. 222 223PARAGRAPH 8 - ASSIGNMENT OR SUBLETTING: TENANT shall not sell, assign, hypothecate, let, or sublet 224THE PROPERTY, or any portion thereof, or any right herein conferred, to any other person or entity whatsoever 225without the prior written consent of LANDLORD, which consent shall not be unreasonably withheld. Any sale, 226assignment, letting, subletting or other hypothecation in violation of this Provision shall be void and shall be 227considered as a material and irremediable breach of this Agreement. 228 229PARAGRAPH 9 - CENSUS: LANDLORD shall from time to time, at LANDLORD's discretion, submit a Census 230form to TENANT, which form TENANT shall complete and return to LANDLORD within one (1) week. The Census 231shall be for the purpose of updating records with respect to names of occupants, their employment, banking, 232automobiles owned or used, tenant bonding, and insurance status. 233 234PARAGRAPH 10 - UNLAWFUL USE: TENANT shall not personally use nor cause, encourage, or permit the use 235of THE PROPERTY by others for any unlawful or immoral purpose nor violate any governmental law in, or from 236the property. TENANT shall not personally commit waste nor create a nuisance such that other residents of THE 237PROPERTY or surrounding neighbors, whether on or off the premises, are annoyed, molested, or interfered with 238in their quiet and peaceful enjoyment of their premises, nor shall TENANT cause, encourage, or permit the same 239by others. Further, TENANT shall not personally hinder, interrupt, or otherwise interfere with the orderly 240management and/or maintenance of THE PROPERTY and/or the premises by LANDLORD, or LANDLORD's 241agents, nor shall TENANT cause, encourage, or permit the same by others. Any violation of this paragraph shall 242be considered a material and irremediable breach of this Agreement. 243 244TENANT shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities 245now in force, or which may hereafter be in force, pertaining to the use of the premises.

246 247PARAGRAPH 11 - INSURANCE: Within thirty (30) days of the commencement of this tenancy, TENANT shall 248obtain, at their own expense, adequate renter's insurance from a reputable insurance company and shall maintain 249such insurance for the duration of this tenancy and any renewals or extensions thereof. Within said thirty (30) 250days TENANT shall present to LANDLORD a Certificate of Insurance as evidence of such coverage. 251 252Said insurance shall cover loss or damage to TENANT' possessions and furnishings on a broad form" basis, 253including, but not limited to, water, fire, explosion, and smoke damage. It shall include personal liability insurance 254in the minimum sum of $100,000 00. If TENANT have rented THE PROPERTY furnished, the Owner of THE 255PROPERTY shall be named as a Loss Payee with respect to such furnishings. Should TENANT' personal 256property include a water bed, or should TENANT desire to obtain a water bed in the future, it may be brought onto 257THE PROPERTY only with the prior written permission of the LANDLORD. Should the LANDLORD give said 258written permission, TENANT agree to first obtain an insurance policy covering all damage that may be caused by 259the water bed for the duration of the tenancy. 260 261In all policies of insurance described herein the right of subrogation against the Owner of THE PROPERTY and 262the Owner's agents shall be waived. 263 264PARAGRAPH 12 - CARE FOR MINORS: All minor children, on or about the premises in which THE PROPERTY 265is situated, who are nine (9) years of age and younger, whether residing on the premises or merely a visitor or 266guest of TENANT, shall be under the immediate and direct care and supervision of a responsible adult at all times 267of the day and night, but if between nine (9) and twelve (12) years of age, inclusive, they shall be under the 268immediate and direct care and supervision of a responsible adult at all times between the hours of 5:30 P.M. and 2697:30 A.M. 270 271PARAGRAPH 13 - ORIGINAL CONDITION: Appendix A hereto is an Inspection Record and is an integral part of 272this Agreement. LANDLORD or LANDLORD's agent and TENANT shall conduct a walk-through inspection of 273THE PROPERTY prior to executing this Agreement and shall record any observed defects or dilapidations on the 274Inspection Record. Both parties shall sign the Inspection Record after the completion of the inspection. The 275absence of an entry on said Inspection Record shall signify that the item was in a good, clean, complete, 276undamaged, and working condition. TENANT agree that they shall not enter into possession of THE PROPERTY 277unless it is in a tenantable condition as described in state law. TENANT taking possession of THE PROPERTY 278shall be conclusive evidence that THE PROPERTY was tenantable. 279 280PARAGRAPH 14 - FINAL CONDITION: At the complete termination of this tenancy by the last of the TENANT, 281THE PROPERTY shall be surrendered to LANDLORD in a clean and good condition, excepting wear that is 282reasonable for the length of the tenancy, and be free of trash and property that does not belong to LANDLORD. 283Holes, burns, tears, breakage, stains, etc. are not considered reasonable or normal wear. 284 285In the event of a normal termination of this tenancy, at the time of TENANT vacating, LANDLORD and TENANT 286shall conduct a walk-through inspection of THE PROPERTY and shall record any observed defects, damage, or 287dilapidations on the Inspection Record. Both parties shall sign the Inspection Record after the completion of the 288inspection. The absence of an entry on said Inspection Record shall signify that the item was in a good, clean, 289complete, undamaged, and working condition. 290 291In the event of eviction, abandonment or other such termination of this tenancy in which there has been an ouster 292of TENANT from THE PROPERTY, LANDLORD alone shall conduct a walk-through inspection of THE 293PROPERTY and record any observed defects, damage, or dilapidations on the Inspection Record and sign it. 294 295The Inspection Record shall be conclusive evidence of the condition of THE PROPERTY at the commencement 296and at the termination of this tenancy and the determination of any refund of the Security Deposit shall be partly 297dependent thereon. 298 299PARAGRAPH 15 - MAINTENANCE: TENANT accept and agree to keep THE PROPERTY and all fixtures, 300plumbing and appliances related thereto in a clean, orderly, sanitary, safe, habitable and operational condition at 301TENANT own expense whether any damage, dilapidation. or deterioration is the fault of TENANT, their guests or 302licensees, or any other person whomsoever. If TENANT become aware of any damage, dilapidation, 303deterioration, or faulty condition in THE PROPERTY or the premises, TENANTS(S) agree to immediately inform 304LANDLORD of same in writing stating the condition and, if known, its cause. TENANT shall indemnify and hold 305LANDLORD and Owner of the premises free and harmless from any lawsuits or liens resulting from TENANT

306performance of, or failure to perform, the obligations stated herein. TENANT shall not themselves perform any 307repairs or maintenance, but instead will hire and pay for a licensed, insured and bonded tradesperson. 308 309If the premises contain a water softener TENANT is to keep the water softener salt tank filled to at least half full at 310all times. Failure of TENANT to maintain the salt level within 48 hours of written notice by LANDLORD or upon 311TENANT vacating the premises will authorize LANDLORD to replace said items and bill TENANT $10 each for 312each bag of salt. 313 314Notwithstanding any provision to the contrary, LANDLORD shall, at all times, have the right to remedy any 315damage, dilapidation, or deterioration to and of THE PROPERTY regardless of fault, and to remedy any damage, 316dilapidation, or deterioration to the premises that is the fault, direct or indirect, of TENANT, their guests or 317licensees. Should LANDLORD exercise this right, TENANT shall immediately, upon written demand, be obligated 318to repay and compensate LANDLORD in full for all costs and expense incurred by LANDLORD as a result. Failure 319to pay such demand shall be deemed a material, but remediable breach of this Agreement. 320 321PARAGRAPH 16 - ADDITIONAL MAINTENANCE: LANDLORD has delivered the premises with clean plumbing 322drains, toilets and a working garbage disposal. TENANT will pay for all service calls related to unplugging drain 323lines, toilets and/or unplugging / unjamming the garbage disposal. TENANT will pay for the repair / replacement of 324any broken windows, doors, door frames and casing, and window coverings (blinds). Should LANDLORD 325exercise this right, TENANT shall immediately, upon written demand, be obligated to repay and compensate 326LANDLORD in full for all costs and expense incurred by LANDLORD as a result. Failure to pay such demand 327shall be deemed a material, but remediable breach of this Agreement. 328 329PARAGRAPH 17 - LIFE SAFETY MAINTENANCE: LANDLORD has supplied two range vent hood automatic fire 330extinguishers for the prevention of kitchen fires. TENANT will pay for the replacement of any used/or missing 331extinguisher at any time. Current replacement cost is $35 each. 332 333TENANT to replace all worn out, broken, or missing smoke detector 9 volt batteries and light bulbs in light fixtures 334affixed to the walls and ceiling. Failure of TENANT to replace these items within 48 hours of written notice by 335LANDLORD or upon TENANT vacating the premises will authorize LANDLORD to replace said items and bill 336TENANT $5 each. 337 338Should LANDLORD exercise this right, TENANT shall immediately, upon written demand, be obligated to repay 339and compensate LANDLORD in full for all costs and expense incurred by LANDLORD as a result. Failure to pay 340such demand shall be deemed a material, but remediable breach of this Agreement. 341 342PARAGRAPH 18 - ALTERATIONS AND DECORATIONS: TENANT shall not, by themselves or through others, 343paint, paper, decorate, furnish, post notices or advertisements, landscape, alter, deface, change, remove, or add 344to THE PROPERTY, or the premises, or any portions thereof, whether to interior or exterior areas and/or 345surfaces, or store any articles thereat, without prior written consent of LANDLORD. LANDLORD, however, shall 346have the right to do all of the above, at LANDLORD's discretion. If TENANT are given such consent, all such 347approved additions, changes, etc., shall become a part of THE PROPERTY and ownership thereof shall pass to 348LANDLORD. However, all such alterations and/or additions, etc., shall be done by licensed, insured and bonded 349tradespersons and shall be at the sole expense of the TENANT. Further, TENANT shall not cause any lien or 350encumbrance to be placed against THE PROPERTY and shall indemnify and hold the Owner of THE PROPERTY 351free and harmless therefrom. 352 353In the event LANDLORD permits TENANT to change or re-key door locks, TENANT, at their own expense, shall 354provide LANDLORD with two complete sets of duplicate keys thereto. Notwithstanding any provision to the 355contrary, LANDLORD shall, at all times, have the right to remedy any violation of this paragraph. Should 356LANDLORD exercise this right, TENANT shall immediately, upon written demand, be obligated to repay and 357compensate LANDLORD in full for all costs and expense incurred by LANDLORD as a result. Failure to pay such 358demand shall be deemed a material, but remediable breach of this Agreement. 359 360PARAGRAPH 19 - REPAIR AND DEDUCT: TENANT shall not exercise their right to repair and deduct", if such 361right is granted by state law, without first giving written notice to LANDLORD fully describing the disrepair in 362question and allowing LANDLORD thirty (30) days to commence correction of the situation if the claim is valid. 363The written notice required in this paragraph shall be served on LANDLORD either personally or via certified mail, 364return receipt requested. The thirty (30) days shall commence to run on the date said notice is signed for by 365LANDLORD if by mail, or on the date of personal service. Failure of TENANT to give LANDLORD the written 366notice as required by this paragraph and to wait the specified thirty (30) days shall relieve LANDLORD from any

367liability or obligation to reimburse TENANT for any expenditures they may incur regarding such alleged needed 368repair and will invalidate any previously held right of TENANT to "repair and deduct" with regard to that specific 369alleged item of disrepair. 370 371Dangerous or unhealthful conditions are subject to only a reasonable waiting period after notice of such a 372condition is served, as described above, before the TENANT' right to repair and deduct may be exercised. 373However, intervention of holidays and weekends must be considered as extensions to what is deemed to be a 374reasonable time. In no event shall less than two (2) full work days be deemed to be a reasonable waiting period. 375 376TENANT right to repair and deduct shall not alter or modify the provisions of Paragraph 15 of this Agreement, but 377shall be determined in accordance and subordinate therewith. 378 379PARAGRAPH 20 - RIGHT OF ENTRY: TENANT specifically agree that during the existence of this tenancy 380LANDLORD shall have the right to enter THE PROPERTY personally or through agents, employees, or 381tradesmen, at any time without notice in case of emergency, whether related to THE PROPERTY, or areas 382adjacent thereto and affected thereby, or reasonably suspected abandonment. It is specifically agreed that a 383requested entry by a peace officer or public official in their official capacity shall be construed as an emergency. 384 385Further, TENANT hereby consent and agree that upon no less than twelve (12) hours prior written notice to 386TENANT, LANDLORD shall have the right to enter THE PROPERTY personally or through agents. employees, or 387tradesmen, between the hours of 8.00 A.M. and 6:00 P.M., Monday through Saturday, inclusive, for purposes of 388performing inspections; necessary or agreed repairs, alterations or improvements, supplying agreed services, or 389to exhibit THE PROPERTY to prospective or actual purchasers, mortgagees, tenants, workers or contractors, to 390insurance agents and/or inspectors for insurance purposes or to real estate agents and appraisers for purposes of 391selling, or mortgaging, or insuring THE PROPERTY and/or the premises. 392 393LANDLORD agrees to give twenty four (24) hours advance notice, or such other minimum notice as local law may 394require, of intended entry if such time is available, but in no non-emergency event shall LANDLORD enter with 395less than the agreed and consented to right of twelve (12) hours notice unless such requirement is waived by 396TENANT. 397 398During any such entry described herein TENANT shall have the right to be present, either personally or through 399another, however, such entry shall not be conditioned upon such presence. 400 401TENANT shall not annoy, harm, hinder, or delay LANDLORD or others who enter THE PROPERTY pursuant to 402this Paragraph and agree to indemnify and hold them free and harmless for such entry. Breach of this paragraph 403by TENANT by refusal to allow peaceful and unhindered entry as herein provided shall be deemed a material and 404irremediable breach of this Agreement. 405 406TENANT agrees to LANDLORD monthly entry on the 5th of the month without notice for the purpose of 407changing the air filter. 408 409 __________ ________
410

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INITIAL

411 412PARAGRAPH 21 - UTILITIES AND SERVICES: Electrical power, natural or other gas, water, other utilities and 413services as may exist, shall be paid for, on a current basis, by either TENANT or LANDLORD as indicated below. 414Utility accounts that are to be paid for by TENANT shall be opened in the name of TENANT. LANDLORD, from 415time to time and/or during a Census, at the discretion of LANDLORD, shall have the right to inspect, and TENANT 416must show recent utility and service billings for which TENANT are obligated. TENANT shall not waste or cause 417excessive use of any utility supplied and paid for by LANDLORD. 418 419UTILITY or SERVICE TENANT TO PAY LANDLORD TO PAY NOT PROVIDED 420Electrical [X] [ ] [ ] 421Gas [X] [ ] [ ] 422Water [ ] [X] [ ] 423Sewer [ ] [X] [ ] 424Telephone [X] [ ] [ ] 425Television [X] [ ] [ ] 426Trash [ ] [X] [ ] 427Gardening [ ] [ ] [ X]

428Pool Maintenance [ ] [ ] [ X] 429(other) _____________ 430 431 432TENANT hereby authorize LANDLORD to inspect and receive copies of billing statements from any Utility or 433Service Company in relation to THE PROPERTY at the termination of this tenancy and is further authorized to 434withhold from the Security Deposit herein any amount deemed necessary to insure full and final payment of all 435such utility and service charges. 436 437PARAGRAPH 22 - PETS: No pet of any size, description, or nature is allowed in THE PROPERTY or on the 438premises except as indicated herein below at the time of executing this Agreement. 439 440(allowed pets) None__________ 441 442Whether or not an allowed pet is indicated above, the future obtaining and/or housing of a pet of any size, 443description, or nature shall only be after the express written consent of LANDLORD is obtained for that specific 444pet, and none other, along with the payment of an additional increment to the security deposit as shall be 445determined by LANDLORD, in his sole discretion, at that time. 446 447Any increment of the security deposit attributable to a pet, no matter when paid, shall not be refundable until the 448entire of the security deposit becomes refundable at the complete and final termination of this tenancy regardless 449of the fact that a pet may cease to exist prior thereto. 450 451Any violation of this paragraph shall be considered a material, but remediable breach of this Agreement. 452 453TENANT will be assessed a $200 fine for each violation of the NO PET policy . 454 455 __________ ________
456

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457 458PARAGRAPH 23 - KEYS, GARAGE AND GATE OPENERS & PASSES. The TENANT will be given the 459following key(s): Premises 2 sets, Mail box 1, Garage Opener - 2. If all keys, garage openers are not returned 460to the Landlord at the end of the Lease, the Tenant shall be charged $25.00 for each key and $35.00 for each 461opener entry pass. 462 463PARAGRAPH 24 - LOCKOUT. If TENANT become(s) locked out of the Premises, the Tenant will be charged 464$45.00 to regain entry. 465 466PARAGRAPH 25 APPLIANCES LANDLORD is supplying the following appliances for use by the tenant : Gas 467stove, microwave/range hood, refrigerator, dishwasher, clothes washer, gas clothes dryer, water softener and 468drinking water filter. All other appliances are supplied by the tenant. LANDLORD will repair all mechanical defects 469for said appliances. TENANT will repair or pay for repair of damages or misuse of/to said appliances 470(broken/missing handles, knobs, shelves, etc.) 471 472PARAGRAPH 26 - AUTOMOBILES AND PARKING: No automobile, or any other motor driven vehicle or cycle, 473hereinafter referred to as "VEHICLE", may be brought onto the premises, by any means or in any manner, by 474TENANT and/or their guests or licensees, unless such VEHICLE is then insured for public liability and property 475damage; is operable, free of any leaking fluids, and in compliance with governmental noise limitations; and may 476not be parked or left standing except in parking areas specifically assigned to TENANT. 477 478No part of the premises shall be used by TENANT, their guests or licensees for painting, repairing, maintaining, 479fixing, or otherwise servicing any VEHICLE or the storage of same. Any VEHICLE parked or left standing for 480seven (7) consecutive days shall be deemed to be "stored" and in violation of this Agreement. 481 482LANDLORD's right to clean the premises of fluids and other discharges from VEHICLES and to be compensated 483therefor by TENANT shall be in accordance with Paragraph 15 of this Agreement. 484 485PARAGRAPH 27 - LOITERING AND PLAY: TENANT and their guests and/or licensees shall not play, loiter, or 486congregate in or about the premises in any area not specifically designed and intended for such purposes. By way 487of example and not by way of limitation, areas in which playing, loitering or congregating shall not be allowed are 488parking areas, driveways, stairs, laundry rooms, walkways, passageways, hallways, storage areas, front yards,

489entrances to the building or apartments of others, common terraces and balconies, areas of construction and 490maintenance, and office areas. 491 492PARAGRAPH 28 - DESTRUCTION OR LOSS OF USE: If THE PROPERTY is totally or partially destroyed and 493becomes unfit for habitation due to fire, earthquake, accident, or other casualty beyond the control of LANDLORD 494and TENANT, for a period of twenty (20) days or more, then and in that event, any party hereto may terminate this 495Agreement with written notice to all other parties. If this tenancy is not so terminated, or if the period of 496uninhabitablility is less than twenty (20) days for the above reasons or for reasons of LANDLORD's maintenance, 497repair, modification, alteration, remodeling, reconstruction, extermination, or the like, the sole remedy available to 498TENANT shall be an abatement of THE RENT, proportionate in time and proportionate to the interference with full 499use and enjoyment, until THE PROPERTY is again habitable. 500 501In no event shall TENANT be entitled to any compensation or damage due to any extra expense, annoyance, or 502inconvenience for the above described loss of use except as described herein. 503 504PARAGRAPH 29 - SERVICE OF NOTICE: Unless otherwise herein stated or herein modified or allowed by law, 505service of notice or demand shall be in writing and served in person. LANDLORD shall be served at the location 506indicated in the paragraph entitled "LANDLORD"; TENANT shall be served at THE PROPERTY. Place of service 507may hereafter be modified, in writing, with seven (7) days notice. 508 509PARAGRAPH 30 - PARTIAL INVALIDITY, EFFECT: Because this Agreement is general in nature and is used in 510many different states and subdivisions thereof, and because each such location may have its own laws, 511ordinances, rules and regulations contrary to a particular term, covenant or condition stated herein, the following 512interpretation of this Agreement shall apply: To the extend the conflicting law is not mandatory, the terms of this 513Agreement shall prevail. To the extent the conflicting law is mandatory, the prevailing law shall invalidate only that 514part or portion of this Agreement that is in direct conflict therewith, but giving effect to those parts or portions of 515such term, covenant or condition which is not in direct conflict. If any part or portion of this Agreement is so found 516to be invalid, such event shall not invalidate the remaining provisions of this Agreement which shall remain in full 517force and effect. 518 519PARAGRAPH 31 - RENEWAL: If this Agreement is a month-to-month Rental Agreement, the original terms, 520covenants, and conditions hereof, in their entirety, shall renew each subsequent month, with all existing additions, 521deletions and modifications thereto until properly terminated by any of the parties hereto with written notice served 522no less than the minimum number of days before the intended date of termination as may be allowed by 523prevailing law at that time. 524 525If this Agreement is a lease it will automatically terminate on the date indicated in the heading paragraph entitled 526"TYPE, CHANGE AND NORMAL TERMINATION". If TENANT notify LANDLORD at least thirty (30) days prior to 527such termination date, in writing, of their desire to renew this Agreement for another like or unlike period and if 528LANDLORD also desires to so renew, LANDLORD and TENANT shall negotiate for, and execute, a new 529Agreement upon such new and different terms, covenants, and conditions as they may then agree. If such notice 530is not served or this Agreement is not executed anew and TENANT holdover after payment of THE RENT 531accepted by LANDLORD, this holdover tenancy shall be a month-to-month tenancy as described above. 532 533PARAGRAPH 32 - WAIVER: TENANT specifically covenants not to allege or attempt to allege or prove any prior 534waiver by LANDLORD of any term, covenant, or condition herein contained. It is only in reliance upon this 535covenant that LANDLORD may be lenient in the future and waive or fail to enforce each and every breach of this 536Agreement. Therefore, LANDLORD's waiver or failure to enforce any term, covenant, or condition herein shall not 537vitiate the same or any other term, covenant, or condition herein contained and TENANT shall be estopped to so 538claim. 539 540PARAGRAPH 33 - ATTORNEY FEES: If enforcement of this Agreement is necessary in a Court of Law, the 541prevailing party in such action shall be entitled to reasonable attorney fees and costs. In the event that any relief 542whatsoever is granted to LANDLORD, even if a judgment is granted to TENANT conditionally upon their 543performance of requested relief, LANDLORD shall be deemed to be the prevailing party. 544 545PARAGRAPH 34 - RULES AND REGULATIONS: During the term of this tenancy, LANDLORD may establish or, 546from time to time, modify, delete, or add to already established rules and regulations relating to the use and 547occupancy of THE PROPERTY and/or the Common Areas, and TENANT covenant as a material part of their 548consideration to LANDLORD, to abide by such rules and regulations. 549

550PARAGRAPH 35 - TENANT NOT AGENT OR EMPLOYEE OF LANDLORD: Should TENANT perform any work, 551repair, modification, or other labor on or to the premises or THE PROPERTY, whether with or without the consent 552of LANDLORD, it is specifically agreed hereby that in so doing, TENANT will not be acting as an employee or 553agent of LANDLORD in any respect and that any claims for injury or other damage to TENANT shall not be 554brought against LANDLORD, or his/her/its agents, employees, executors, or assigns, in any form whatsoever and 555TENANT shall hold such persons and parties harmless there from. 556 557PARAGRAPH 36 - LIABILITY OF LANDLORD: Absent intentional acts or gross negligence, TENANT, their 558guests and/or licensees, shall not hold LANDLORD liable for damage to person or property from any source 559whatever, but instead, shall seek recompense only from their respective insurance carriers or from others who 560may be involved. TENANT and TENANTS)' insurer shall indemnify and hold LANDLORD free and harmless from 561any such claims by TENANT, their guests and/or licensees. 562 563PARAGRAPH 37 - CONDEMNATION: If all or apart of THE PROPERTY is taken through an official act of 564eminent domain, this Agreement shall terminate on the taking of possession by the condemning authority and 565LANDLORD shall be entitled to the entirety of the condemnation award. The taking of any part of the premises 566other than THE PROPERTY shall not affect this Agreement and TENANT shall not be entitled to abatement or 567reduction in THE RENT and LANDLORD shall be entitled to the entirety of the condemnation award. 568 569PARAGRAPH 38 - ENTIRE AGREEMENT: This document, together with its Addendums and attachments, 570contains the entire agreement between the parties hereto and incorporates all previous agreements and 571negotiations, written and/or oral, and may be amended in the future only by a writing duly executed by all parties 572or as otherwise so provided herein, provided, however, that subsequently imposed rules and/or regulations issued 573pursuant to Paragraph 34 of this Agreement shall automatically become a part of this Agreement. Any oral 574promises, representations, or other statements, not written into this Agreement, are understood to be issues of 575negotiations not agreed upon and therefore without any effect whatsoever. 576 577PARAGRAPH 39 - GUARANTORS: In the event LANDLORD shall require a guarantor for the obligations of 578TENANT, the CONTINUING GUARANTEE in Appendix B hereto shall be executed by a suitable guarantor and 579said guarantee shall be an integral part of this Agreement. TENANT agree to keep the guarantor notified and 580informed of any default by them. 581 582PARAGRAPH 40 - BENEFIT: Each and all of the provisions herein shall inure to the benefit of LANDLORD's 583heirs, assigns, and successors in interest. 584 585PARAGRAPH 41 - SIGNS: LANDLORD shall have the right to erect and/or place signs on and about THE 586PROPERTY and Common Areas to facilitate and indicate that it is for sale or for rent and for other lawful 587purposes. 588 589PARAGRAPH 42 - ABANDONMENT: In the event of abandonment, LANDLORD shall have the option, at 590LANDLORD's discretion, to regain possession and terminate this Agreement or to continue to hold TENANT liable 591for THE RENT and/or damages until THE PROPERTY is re-let pursuant to law. 592 593PARAGRAPH 43 - AMENITIES: It is specifically understood that THE RENT is payable for THE PROPERTY and 594its essentials and not for the common areas or amenities thereof such as, but not limited to, air conditioning, 595fountains, spas, pools, recreation rooms, pool tables, barbecues, common storage areas, or laundry rooms, but 596that such amenities are supplied gratuitously. Therefore, in the event any or all amenities become unavailable or 597unusable, this Agreement continues in full force and effect and TENANT shall not be entitled to any abatement in 598rent. 599 600PARAGRAPH 44 - ONE AGREEMENT: This Agreement may appear in both English and Spanish translations. If 601the parties hereto execute different language versions of this Agreement both language versions together shall be 602considered to comprise one Agreement and have the same validity as though only one language version was 603executed. 604 605PARAGRAPH 45 - LIENS: TENANT shall keep THE PROPERTY free and clear of liens arising out of any work 606performed, materials furnished, or obligations incurred by TENANT, including Mechanic's Liens and TENANT 607shall hold LANDLORD harmless there from. 608 609PARAGRAPH 46 - ESTOPPEL CERTIFICATE: TENANT shall, from time to time, upon written request of 610LANDLORD and within five (5) days there from, execute, acknowledge, and deliver to LANDLORD a written

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611statement certifying that the Rental Agreement/Lease is not modified and is in full force and effect, or that the 612Rental Agreement/Lease is in full force and effect as modified, and listing the instruments of modification; the 613dates to which THE RENT and other charges have been paid; and whether or not, to the best of TENANT 614knowledge, LANDLORD is in default hereunder, and if so, specify the nature of the default. It is intended that any 615such statement delivered pursuant to this paragraph may be relied upon by a prospective purchaser of 616LANDLORD's interest, or mortgage of LANDLORD's interest, or assignee of any mortgage upon LANDLORD's 617interest in THE PROPERTY and/or the premises and building. 618 619PARAGRAPH 47 - RIGHT TO CURE: If TENANT breach any covenant or condition of this Agreement, 620LANDLORD may, on reasonable notice to TENANT, except that no notice need be given in case of emergency, 621cure such breach at the expense of TENANT. The reasonable amount of all expenses, including attorney fees 622incurred by LANDLORD in so doing, whether paid by LANDLORD or not, shall be deemed an immediately due 623debt payable on demand. The exercise of this right by LANDLORD shall not be construed as a waiver of the 624breach by TENANT. 625 626PARAGRAPH 48 SMOKING : Smoking is not permitted in the residence interior. It is allowed outside (on the 627exterior) of the residence. 628 629PARAGRAPH 49 - SILVER SPUR OWNERS ASSOCIATION: Silver Spur Owners Association Rules and 630Regulations are attached hereto, incorporated herein, and made a part hereof by this reference. TENANT to be 631obligated to repay and compensate LANDLORD in full for all costs and expense incurred by LANDLORD as a 632result of TENANTs failure to follow said Rules and Regulations. Failure to pay such demand shall be deemed a 633material, but remediable breach of this Agreement. 634 635PARAGRAPH 50 - HUD Lease Addendum 52641-A (3/2000) whose terms are included in this lease. 636 637PARAGRAPH 51 - ADDITIONAL: Additionally, the parties hereto agree to the following: 638 639__________________________________________________________________________________________ 640 641__________________________________________________________________________________________ 642 643IN SIGNING THIS AGREEMENT THE PARTIES HERETO INDICATE THAT THEY HAVE READ AND 644UNDERSTAND THIS ENTIRE AGREEMENT AND AGREE TO ALL THE TERMS, COVENANTS AND 645CONDITIONS STATED THEREIN. AS A FURTHER INDICATION OF THEIR AWARENESS AND FULL 646UNDERSTANDING OF THOSE PROVISIONS, TENANT HAVE INITIALED ALL PARAGRAPHS WHERE 647INDICATED. TENANT ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. 648 649This Agreement is executed this 27th day of March, 2004 650 651 652______________________________ _____________________________ 653(Insert your name here) By its President (Insert Tenant name here) - TENANT 654(Insert your name here) 655LANDLORD 656

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