Tobacco use on the premises is prohibited.
Property Lease Agreement
1904 61st Street
March 31, 2006
PROPERTY LEASE AGREEMENT
This Property LEASE AGREEMENT (the “Lease”) is made January 28, 2006 by and between the Owner and/or Manager of the Property
(as hereinafter described and hereinafter referred to as “Manager”) Tom and Lynn Jackson and zzz ski (hereinafter referred to as
“Resident”, whether one or more).
1. Demise. In consideration of the payment by Resident of the rental payments required to be paid hereunder as and when the same
shall be come due and the performance of all of the other covenants and condition to be kept, performed and observed by Resident under
this Lease and Security Deposit Agreement executed simultaneously herewith, Manager hereby demises and leases the following premises
to Resident:
A residence, located at , in Lubbock County, Lubbock, Texas, together with the furniture, furnishings, and personal property contained
therein.
2. Term. The term of this Lease shall commence on , and shall expire on August 1, 2006. If actual commencement of occupancy of
the premises is delayed because of construction or the holding over of a prior tenant, Manager shall not be liable to Resident in any
respect for such delay, and this Lease shall remain in force, subject to the following: (1) The rent shall be abated on a daily basis during
such delay, and (2) Resident may terminate this Lease by giving notice in writing to Manager no later than the third day of such delay,
whereupon Resident shall be entitled only to a refund of Resident’s security deposit. Such conditions shall not apply to cleaning or repair
days.
3. Rent. Resident agrees to pay Manager the sum of $ 625.00 per month as rental.
This sum is the total of the following:
Base Rental $ 625.00 Monthly Pet Charge $0.00 Other Rent None
The rental reserved hereunder shall be payable in advance, without offset, deduction or demand, on or before the first day of each month
during the term of this lease. Rent shall be payable at 8101 Kenosha Avenue, Lubbock, Texas 79423 in check or money order, or at such
place or places as Manager may at any time or from time to time designate in writing to Resident. MAKE CHECKS PAYABLE TO:
Tom and Lynn Jackson. If a rental payment is not paid by the 5th of the month, Resident shall pay as additional rental a late charge of
$20.00 on the 6th of the month, and accrue an additional charge of $5.00 per day for every day thereafter in which the full rental amount
remains unpaid. If Resident’s check fails to clear the bank, an additional service charge of $20.00 will be assessed in addition to the
accrued late charge, if any, from the 6th day of the month until the date on which the insufficient check is redeemed. Since rent is due the
first day of each month, it is considered late if not received by Manager by the 5th day of the month. If Resident gives Manager two
checks that are returned for nonpayment during the term of this Lease, then the future rent shall be payable by cashier’s check or money
order.
4. Non-Refundable Pet Fee. In addition to the rent and the Security Deposit provided for herein, Resident agrees to pay a one-time
pet fee of $ 30.00FOR EACH animal, bird or pet of any kind that is to be kept in or about the premises or elsewhere within the Property.
This fee shall be payable upon signing the Lease if the animal, bird or pet is to be kept in or about the premises or elsewhere within the
Property at the beginning of the Resident’s occupancy of the premises. If the Resident brings any animal, bird, or pet into the premises or
Property after the initial occupancy of the premises by the Resident that has not been identified and represented in Paragraph 10 of this
Lease Agreement, then the Resident shall pay the Non-Refundable Pet Fee Prior to bringing the Animal into the Premises or Property.
This Non-Refundable Pet Fee is non-transferable and shall be applicable to each pet that is to be kept in or about the premises or
elsewhere within the Property.
5. Non-Refundable Redecorating Fee. In addition to the rent and the Security Deposit provided herein, Resident agrees to pay a
one- time fee of $ NONE as a charge for redecorating the premises upon the premises being vacated by Resident. This fee in no way
releases Resident from the obligation of leaving the premises in as good condition as when received by Resident, reasonable use and wear
excepted.
6. Move-In Date. The proposed move-in date shall be January 28, 2006. Rent shall be due from that date until the end of the month
in the sum of $20.16 /day or $80.64. Resident’s possession of the premises shall start on the move-in date. The fact that Resident
occupies the premises prior to the term of this Lease as defined in subsection 2 above shall in no way affect the term of this Lease.
Performance of all obligations, covenants and conditions shall be due from both Manager and Resident as of the move-in date.
7. Utilities. Manager agrees, at Manager’s expense, to furnish the following utility services to the premises:
N ONE .
Each utility service not provided at the expense of Manager (i.e., not checked above) shall be provided to the premises at Resident’s
expense on a separate metering and/or billing basis either directly from the utility provider or on a sub-metering, square footage or other
billing basis by Manager. Resident agrees to pay all utility charges (including utility deposits) assessed by utility companies (or
Manager in the case of utilities billed to Resident by Manager) in connection with the use of all utility services provided to the premises
which are separately metered and/or billed to Resident during the term of the Lease, as such term may be extended, or the period of
occupancy of the premises by the Resident, whichever is longer. Furthermore, if the Resident fails to pay all utility charges assessed by
the utility companies in connection with the use of utility services for which Resident has herein agreed to pay, and Manager is assessed
by the utility company for these utility services, the Manager may pay these utility assessments to such utility company and subtract a like
amount from Resident’s security deposit.
To the extent that Resident is responsible for payment of certain utilities. Resident shall be responsible for notifying the appropriate
utility companies on or before move-in for the purpose of placing such utilities in Resident’s name. Resident’s failure to notify the
appropriate utility companies within three (3) days of move-in, may result in Owner’s assessing as additional rent pro-rata utility charges
for the period from move-in until such time as utilities are placed in Resident’s name, together with the reasonable cost for determining
such assessment. Utilities shall be used only for ordinary household purposes and shall not be wasted. In addition, the Manager reserves
the right to use such utilities as deemed necessary by the manager for the continued maintenance and upkeep of the property and premises.
Manager shall in no event be liable for any interruption or failure of utility services required to be furnished by Manager to the
premises or any damages directly or proximately caused thereby, the only obligation of Manager being reasonable diligence in its efforts
to restore such services. Upon commencement of the term of this Lease, Manager shall furnish light bulbs and tubes of prescribed
wattage of light fixtures located in the premises: thereafter light bulbs and tubes shall be replaced by Resident, at Residents sole expense.
Owner will furnish smoke detectors, locks and latches as required by state statute. Repair requests for same must be in writing. Manager
shall test smoke detectors and provide working batteries at lease commencement; thereafter, Resident shall pay for and replace smoke
detector batteries, if any, as needed.
Manager may modify the method by which utilities are furnished to the premises and/or billed to Resident during the term of this
Lease, including, but not limited to sub-metering of the premises for certain utility services or billing Resident for utilities previously
included within the rent. In the event Manager chooses to so modify utility service to the premises, Manager shall give Resident not less
than thirty (30) days prior written notice of such modification.
If the apartment is sub-metered for electricity, water, or gas, an addendum is attached to this lease in compliance with applicable
Public Utility commission or Railroad Commission rules.
8. Security Deposit. Upon signing this Lease, Resident shall deposit with Manager the total sum of $ 400.00 as a Security Deposit to
be held pursuant to the Security Deposit Agreement attached to this Lease and incorporated herein by reference for all purposes. A
CONDITION TO THE REFUND OF THE SECURITY DEPOSITS IS THAT RESIDENT MUST PROVIDE MANAGER WRITTEN
NOTICE OF SURRENDER OF THE PROPERTY AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OR
TERMINATION OF THE LEASE, OR ANY EXTENSION OR RENEWAL HEREOF.
Resident shall deposit with Manager an additional Security Deposit of $ 30.00 FOR ONE animal, bird or pet of any kind that is to
be kept in or about the premises or elsewhere within the Property. Each additional pet that is approved by Manager will require an
additional $ 30.00 pet fee.
9. Keys. Resident will not duplicate or copy any keys associated with the Property without the written consent of the manager. All
duplicated keys shall be paid for by Resident and thereafter become the property of the Manager. In addition, Resident agrees pay a
$ 5.00 key fee for each key, including duplicated keys, not returned to Manager after vacating the Property.
10. Use and Occupancy of Premise. The premises shall be used by Resident only as a private residence. The premises will be
occupied only by: (List all adults and children and pets)
zzz ski and minor children
ADDITIONAL OCCUPANTS STRICTLY PROHIBITED EXCEPT ON WRITTEN CONSENT OF MANAGER. Prior written consent
8of Manager is necessary in order to change ROOMMATES. No animals, birds, or pet of any kind will be permitted to be kept in or about
the premises or elsewhere, within the Property without prior written consent of Manager, and then only on such terms and conditions as
Manager may prescribe.
11. Acceptance and Care of Premises. Resident has examined and accepted the premises. An Acceptance of Premises Form will
be provided to resident upon move-in. Within 72 hours after move-in, Resident shall note any defects or damages on the form and return
it to Manager. Defects and damages not reported to Manager shall be presumed to have first occurred during Resident’s occupancy of the
premises. Resident shall use reasonable diligence in care of the premises and shall maintain the premises in a safe and sanitary condition.
UNDER NO CONDITIONS WILL THE USE OF TOBACCO PRODUCTS (INCLUDING, BUT NOT LIMITED TO: CIGARETTES,
CIGARS, CHEWING TOBACCO, AND SNUFF) BE ALLOWED IN OR ABOUT THE PREMISES AND/OR PROPERTY. ANY USE
THEREOF SHALL CONSTITUTE DAMAGE TO THE PROPERTY WHICH SHALL ENTITLE MANAGER TO PURSUE ALL
RIGHTS AND REMEDIES SET FORTH IN LEASE OR OTHERWISE PERMITTED BY LAW. All alterations, additions and
improvements made to the premises shall be at Resident’s sole cost and expense, shall only be made upon the prior written consent of
Manager, shall become the property of Manager and shall be surrendered with the premises at the expiation or termination of this Lease.
No holes shall be drilled into the walls, woodwork, or floors, and no waterbeds or antenna installations (including citizens band radio
antennas), or wall phones or stringing of wires, or change of locks or additional locks shall be permitted except by Manager’s prior written
consent. Resident will not remove Manager’s fixtures, furniture, and/or furnishings from the premises for any purpose. Resident further
agrees that all vehicles to be parked on the premises by Resident, his family, agents, invitees, or guests will be road worthy and shall be
maintained in such manner that prevents damage to the property’s cosmetic appearance (this includes oil stains). Upon a determination of
a pest problem by either the Manager and/or Resident, Resident will provide, at Resident’s expense, a home and/or lawn treatment by a
professional exterminating service as approved by the Manager. Resident will be solely responsible for all pest control costs. Upon
termination of this lease agreement, Resident specifically agrees to return the following in a fairly clean condition: All built in appliances
or other appliances belonging to the Manager, bath room fixtures, commodes, bath tubs and all flooring including carpeting and vinyl.
Resident shall promptly make repairs to the premises including Manager’s furniture and fixtures, if any where applicable and where
damaged by the Resident’ misuse or negligence, or from the misuse or negligence of Invitees of Resident. Further, Resident is responsible
for all broken windows and glass work on the premises
12. Cancellation Fee. You may cancel your obligation under this Lease by delivering to Manager in writing a notice of your
intention to cancel this Lease. Such notice will be effective thirty (30) days from the date it is given. The notice must be accompanied by
payment of a cancellation fee equal to one month’s rent plus payment of the rent due for the last month or portion thereof of occupancy.
Such payment will release resident from any further rental obligations beyond the date the cancellation is effective. However, all other
terms of the Lease and the Security Deposit Agreement must be complied with, through the date of vacation of the premises on or before
the effective date of the cancellation. Manager/Owner shall retain all remedies for non-compliance with the Lease and Security Deposit
Agreement, and Resident shall be liable for any damages for non-compliance.
13. HOLDING OVER. UNLESS ANOTHER LEASE OR MODIFICATION AND EXTENSION AGREEMENT IS SIGNED BY
THE PARTIES HERETO OR UNLESS WRITTEN NOTICE OF TERMINATION IS GIVEN BY EITHER PARTY THIRTY (30)
DAYS BEFORE EXPIRATION OF THIS LEASE, THIS LEASE SHALL BE AUTOMATICALLY RENEWED ON A MONTH-TO
-MONTH BASIS WHICH SHALL REQUIRE THIRTY (30) DAYS’ WRITTEN NOTICE PRIOR TO THE NEXT RENT DUE DATE.
THE RESIDENT IS RESPONSIBLE FOR RENT PAYMENT DURING THE THIRTY (30) DAY NOTICE PERIOD.
Should resident(s) choose to continue their lease obligation on the above mentioned month-to-month basis, rent shall automatically be
increased by $150.00 until such time that resident(s) and owner/manager sign an modification/extension to this agreement or a new lease
agreement.
14. Failure to Vacate After Notice. If Resident gives notice for vacation of the premises, and fails to completely vacate prior to
the expiration of the notice. Resident shall be liable, unless prohibited by law, in addition to all other damages provided for under the
Lease and Security Deposit Agreement, for three times the daily rental on a pro rata basis of the monthly rental provided for in the Lease
for each day he remains in the premises.
15. Rules and Regulations. Resident and Resident’s family and guests shall comply with all rules and regulations now or hereafter
promulgated by Manager for the Property, including, without limitation, the printed rules and regulations, attached hereto and
incorporated herein for reference for all purposes. Resident covenants to obey all laws and ordinances applicable to the premises and to
engage in no activities in or on the premises or the Property of an illegal nature, purpose or intent. Resident further covenants that his
family, agents, invitees, or guests shall never be disorderly, boisterous or unlawful and shall not disturb the rights, comforts and
conveniences of other residents of the Property. Furthermore, it is understood demised premises constitute a part of the entire building
containing two or more apartments occupied or to be occupied for dwelling purposes and Resident expressly covenants and agrees that
the demised premises shall at all times be used and occupied in such manner as will not disturb, interfere with, or affect the comfort,
convenience, and quiet enjoyment of any other of the occupants of said building. It is expressly agreed that if at any time Manager shall
determine any conduct on the part of the Resident or of any other occupants of the demised premises to be objectionable or improper,
Manager shall have the right at his option, to terminate this lease upon three days notice to the Resident of his intention to do so, and in
such event Resident shall have no claim against said Manager or his agent for damage by reason of such termination.
16. Reimbursement by Resident. Resident agrees to reimburse Manager promptly in the amount of the loss, property damage, or
costs of repairs or service (including plumbing trouble) caused by negligence or improper use by Resident, Resident agents, invitee,
family or guests. Resident shall be responsible for any damages resulting from windows or doors left open. Such reimbursement shall be
due immediately upon demand by Manager. Manager’s failure or delay in demanding reimbursements, late-payment charges, returned
check charges, or other sums due from Resident, shall not be deemed a waiver thereof; and Manager may demand same at any time,
including move-out. IT IS UNDERSTOOD AND AGREED THAT A MANAGER MAY AT ANY TIME AND FROM TIME TO TIME
DEDUCT DAMAGE REIMBURSEMENTS, UTILITY CHARGES, LATE-PAYMENT CHARGES AND/OR RETURNED CHECK
CHARGES, OR ANY PORTIONS THEREOF, FROM RESIDENT’S SECURITY DEPOSIT, WITHOUT WAIVER OF ANY OTHER
RIGHTS OR REMEDIES OF MANAGER.
17. Manager’s Liability. Manager shall not be liable to Resident, or Resident’s family, agents, invitee, employees or servants, for
any damages or losses to persons or property caused by other residents of the Property or other persons. Resident agrees to indemnify and
hold Manager harmless from and against any and all claims for damages to property or person arising from resident use of the premises,
or from any activity, work or thing done, permitted or suffered by Resident in or about the premises. Manager shall not be liable for
personal injury or damage or loss of Resident personal property (furniture, jewelry, clothing, etc.) from theft, vandalism, fire, water, rain
storms, smoke, explosions, sonic booms or other causes whatsoever unless the same is due to the negligence of Manager. If any of
Manger’s employees are requested to render any services such as moving automobiles, handling furniture, cleaning, signing for or
delivering packages, or any other service not contemplated in this Lease, such employee shall be deemed the agent of resident regardless
of whether payment is arranged for such service; and Resident agrees to indemnify and Manager harmless from all loss suffered by
Resident or other person in any of the aforesaid circumstances. Resident understands and agrees that Manager, its agents, servants,
employees and legal representatives are limited in their ability to protect Resident, Resident’s occupants, guests and invitee from crime, or
natural catastrophe, and that Resident is better able to evaluate individual risk and loss and obtain insurance to protect against such events
18. Damage or Destruction of Premises. In the event of damage to the premises by fire, water, or other hazard, or in the event of
malfunction of equipment or utilities, Resident shall immediately notify Manager. If the damages are such that occupancy can be
continued, Manager shall make repairs as needed with reasonable promptness and rent shall not abate during the period of such repairs.
If, in Manager’s opinion, the premises are so damaged as to be unfit for occupancy, and Manager elects to make such repairs, the rent
provided in this Lease shall abate during the period of time when the premises are not fit for occupancy, but in all other respects the terms
and provisions hereof shall continue in full force and effect. In the event that the premises are so damaged or destroyed as to be, in the
sole opinion of Manager, incapable of being satisfactorily repaired, then this Lease shall terminate and Resident shall be liable only for
rental payments up to the date of such damage or destruction; or, at the option of Manager, Resident agrees to accept a comparable
apartment unit in the Property for the remaining term of this Lease.
19. Right of Entry. Manager shall have the right to enter upon the premises at all reasonable hours for the purpose of inspecting
the same and making necessary repairs and maintenance thereto. Such right of entry hereby granted to Manager shall include any and all
reasonable business purposes connected with the ownership and operation of the Property, and any business relating to the premises
incident to the ownership and operation of said Property.
20. Subletting and Assignment. Subletting, assignment or securing a replacement will be allowed only upon prior written consent
of Manager. Notwithstanding any permitted assignment, subletting or replacement, Resident shall at all times remain fully responsible
and liable for the payment of the rent herein specified and performance of all Resident’s other obligations under the terms and provisions
of this Lease.
21. Manager’s Obligations. Manager agrees to maintain all areas of the Property (excluding the premises) in a clean and sanitary
condition, to comply with the requirements of applicable building, housing and health codes, to make all reasonable repairs (subject to
notification by Resident of the need for such repairs and Resident’s obligation to pay for damages caused by Resident, or Resident’s
family, guests, invitee or employees), and to comply with all applicable state and local laws. Notwithstanding the foregoing, Manager is
not responsible to Resident for conditions created or caused by the wrongful or negligent act or omission of Resident, the Resident’s
family, agents, invitee, employees or servants. Manager’s failure to fulfill the agreements contained herein within a reasonable period of
time shall not affect Resident’s obligation to promptly pay the rent as and when the same shall become due and payable under this Lease,
nor give Resident any right of abatement or withholding or escrowing of rental payments, except as may be otherwise provided by law.
Resident understands that Manger may retain personnel or service which is available for lockouts, disturbances, fire lane violations,
problems with outdoor lighting and problems of that type. Resident agrees and understands that any measure Manager has taken in regard
is neither a police force nor a guaranteed deterrent to crime. In the event of criminal activity, the police department is to be contacted first
by Resident. Resident understands and agrees that Manager may alter or cancel the patrol service (if applicable) without his knowledge or
consent. Further, Resident understands and agrees that Manager has no obligation or liability for the acts of omissions, whether
negligent, intentional or otherwise, of any agent or employee of the patrol company (if applicable) or any patrol company subsequently
retained by Manager. Resident recognizes that Manager and its legal representatives do not guarantee, warrant or assure Resident’s
personal security and are limited in their ability to provide protection. RESIDENT UNDERSTANDS THAT THE PROTECTIVE STEPS
MANAGER HAS TAKEN ARE NEITHER A GUARANTEE OR WARRANTY THAT THERE WILL BE NO CRIMINAL ACTS OR
THAT RESIDENT WILL BE FREE FROM THE VIOLENT TENDENCIES OF THIRD PERSONS. RESIDENT HAS BEEN
INFORMED, UNDERSTANDS AND AGREES THAT HIS PERSONAL SAFETY AND SECURITY IS HIS PERSONAL
RESPONSIBILITY.
22. Default by Resident. In the event Resident fails to make any rental payment herein provided within the time required, or in the
event Resident fails to comply with any other term, covenant, condition or agreement herein contained, or if Resident abandons the
premises (Resident’s absence form the premises for the period of time designated by state law, while all or any portion of any rental
payment is delinquent being deemed an “abandonment” of the premises), Manager, at its option, may enforce the performance of this
Lease in any manner provided by law, or may give notice to Resident of its election to terminate this Lease if such default continues for a
period of three (3) days from and after the date of notification by Manager to Resident of such default or such period of time as mandated
by law. In the event Manager elects to give such notice, and Resident fails to comply with all of Resident’s obligations under the terms of
this Lease within such notice period, then and in such event, Manager may terminate this Lease and thereupon shall have the right, in
person or by it’s agent or attorney; without further notice or demand, to re-enter the premises and to remove all persons and all property
without prejudice to any other legal rights which Manager may assert under the terms and provisions hereof. Such right of re-entry and
removal shall be in addition to Manager’s right after abandonment of Resident, to remove all property of Resident from the premises,
which removal will not be in derogation of the continuing validity of the Lease, if Manager does not elect to terminate the Lease. At the
option of Manager, Manager may re-enter and take possession of the premises, and may re-lease same for the remainder of the term for
the best rental which Manager may be able to attain without otherwise terminating the liability of Resident hereunder, and in such event,
Resident shall remain liable to Manager for any deficiency in the rent for the balance of the term of this Lease. In the event Manager
terminates this Lease and re- enters and takes possession of the premises, or if Manager re-enters and takes possession without terminating
the Lease, and in either case removes the personal property of Resident, Manager shall have the right to place said property of resident in
storage, at Resident’s expense, and may pursue any other legal remedies which Manager may have with respect to its lien on any such
property of Resident. In addition to all other remedies provided herein, Resident agrees to compensate Manager for all reasonable costs
and expenses necessary to enforce this Lease and including, but not limited to, all court costs, reasonable attorney’s fees incurred in
connection therewith, as well as all reasonable expenses necessary for the removal of personal property and to the re-letting or attempted
re-letting or the premises, which shall include, but not limited to, the costs of minor repairs and replacements, advertisements, brokerage
fees and other expenses caused by Resident’s breach of any of the terms and provisions of this Lease.
23. CONTRACTUAL LIEN. DURING THE LEASE TERM, AND ANY EXTENSION OR RENEWAL THEREOF, IN ORDER
TO SECURE PAYMENT OR DELINQUENT RENT, RESIDENT HEREBY EXPRESSLY GRANTS TO OWNER A SECURITY
INTEREST ON ALL PERSONAL PROPERTY (EXCEPT PROPERTY EXEMPT BY STATUTE) LOCATED AT THE PROPERTY,
WAIVING ANY REQUIREMENT OF NOTICE OR DEMAND FOR PAYMENT, WHICH SECURITY INTEREST IS GRANTED IN
ADDITION TO OWNER’S STATUTORY LIEN. OWNER OR ITS REPRESENTATIVE, AT ITS ELECTION, MAY AT ANY TIME
FILE A COPY OF THIS LEASE AS A FINANCING STATEMENT. IN ORDER TO EXERCISE ITS CONTRACTUAL OR
STATUTORY LIEN RIGHTS WHEN RESIDENT IS IN DEFAULT HEREUNDER. OWNER AND ITS REPRESENTATIVES MAY
PEACEFULLY ENTER THE PROPERTY (OR ANY OTHER PLACE WHERE PROPERTY IS STORED) AND REMOVE AND
STORE ALL PROPERTY THEREIN, EXCEPT PROPERTY EXEMPT BY STATUTE; PROVIDED, HOWEVER, IN THE EVENT
RESIDENT IS NOT PRESENT. WRITTEN NOTICE OF SUCH ENTRY MUST BE LEFT. In order to clear an abandoned apartment,
Owner and its representatives may enter the Property and remove and store all property of every kind found therein. Resident shall be
liable for reasonable costs incurred by Owner and its representatives for packing, removing or storing property which has been
abandoned, removed by agreement, seized under contractual lien or removed pursuant to court order. Owner and its representative may
sell seized property at public or private sale (subject to any recorded chattel mortgage) thirty (30) days after written notice of the time and
place of sale is sent by certified mail to Resident. Proceeds of the sale shall be first credited to the cost of sale, including storage costs,
and then to Resident’s indebtedness to Owner. Any surplus shall be mailed to resident at the address to which the notice of sale was
directed. None of the above procedures shall require prior court hearing. Resident releases and agrees to hold Owner and its
representatives harmless from any claim or liability arising out of Owner’s exercise of the lien rights granted by statute or by this
paragraph.
24. Releases of Resident. In the event Resident is or becomes a member of the Armed forces on extended active duty and receives
change-of-duty orders to depart the “local area”, or is relieved from such duty, the Resident may terminate this Lease by giving thirty (30)
days prior written notice to Manager, provided Resident is not otherwise in default. As a condition to such termination, Resident shall
furnish Manager a certified copy of the official orders which warrant termination of this Lease. (Military orders authorizing base housing
do not constitute change-of-duty hereunder). The Security Deposit will be refunded provided that all the conditions set forth in Paragraph
2, with the exception of clause B, of the Security Deposit Agreement are fulfilled.
25. Liens of Sales. Manager or the owner of the Property may encumber the premises and/or the Property by mortgage(s) and/or
deed(s) of trust and any such mortgage(s) or deed(s) of trust so given shall be a lien on the land and buildings superior to the rights of the
Resident herein. Foreclosure of any mortgage or sale under a deed of trust shall not constitute a constructive eviction of Resident. Any
sale of the Property or any part thereof shall not affect this Lease or any the obligations of Resident hereunder, but upon such sale,
Manager (and the prior owner of the Property) shall be released from all obligations hereunder and resident shall look solely to the then
owner of the Property for the performance of the duties of “Manager” hereunder form and after the date of such sale.
26. Resident Information. If Resident has supplied information to Manager by means of a rental application or similar instrument,
Resident covenants that all such information was given voluntarily and knowingly by Resident, and, if such information proves to be false
or misleading, Manager shall have the right to terminate this Lease, in which event Resident shall immediately surrender the premises. In
case of bond- financed properties, resident hereby certifies the accuracy of the statements made in the Rental Application Certification of
Tenant Eligibility and Income Verification (the “Certificate”) previously executed, and further agrees that the family income, family
composition and other eligibility requirements set forth in the Certificate shall be deemed substantial and material obligations of his/her
tenancy: that Resident will comply promptly with all requests for information with respect thereto from Landlord, the Manager or any
Mortgagee; that Resident’s failure to provide accurate information in the Certificate or Resident’s refusal to comply with a request for
information with respect thereto shall be deemed a default by Resident, which shall entitle Landlord to pursue all rights and remedies set
forth in paragraph 22 or otherwise permitted by law; and that Resident’s failure to furnish accurate and current information on the
Certificate could subject Resident to civil liability. resident further agrees that this Lease shall become null and void if it subsequently
becomes known to Landlord or Manager that continuation to Resident occupancy will result in the interest of the bonds utilized to finance
the construction of the Property becoming subject to federal income taxation, or a violation of the state statute permitting the issuance of
the Bonds.
27. Successors. The terms and conditions contained in the Lease shall be binding upon and inure to the benefit of Manager and
Resident and their respective heirs, executors, administrator, personal representatives, successors and assigns (subject to Paragraph 20
hereof). The terms and conditions contained in this lease shall also be binding upon and inure to the benefit of Owner and its successors
and assigns, and the provisions of this lease which apply to Manager shall also apply to Owner.
28. Notices. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered, whether
actually received or not, when deposited in the United States Mail, postage prepaid, certified or registered mail addressed to Resident at
the premises, and to Manager at the office address of the Property (or at such other address or addresses as Manager may at any time or
form time to time designate to Resident). Personal delivery of any such notice by Manager or Resident at the above address shall also be
deemed effective delivery hereunder.
29. Rent Escalation. Anything to the contrary herein notwithstanding, Manager may, to the extent permitted by applicable law,
increase the base rental due hereunder upon thirty (30) days’ prior written notice to Resident in the event of increase in utilities, taxes,
insurance premiums, maintenance costs, or other operating expenses. The total rental increase assessable by Manager hereunder during
this initial term of this Lease shall not exceed ten percent (10%) of the base rental set forth herein.
30. General. No oral agreements have been entered into with respect to this Lease. This Lease shall not be modified unless by an
instrument in writing signed by Resident and an officer of Manager. In the event of more than one Resident, each Resident is jointly and
severally liable for each provision of this Lease. Each Resident states that he or she is if legal age to enter into a binding lease for
lodging. All obligations hereunder are to be performed in the county (parish) and state where the Property is located. Time is of the
essence of this Lease.
31. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws effective
during the term, then it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby, and it is also the
intention of the parties to this Lease that in lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a
part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible
and be legal, valid and enforceable.
32. Counterparts. This Lease is executed in multiple counterparts, with one copy to be furnished to Resident and the other copy to
be retained by Manager.
33. Environmental Indemnification. To the fullest extent allowed by law, Resident acknowledges that certain material containing
potentially health affecting substances may exist in the Property. As additional consideration for Manager’s entering into this Lease,
Resident, for himself, his heirs, successors, assigns, guests, and all others claiming by, through or under him, or who may live in, occupy,
use or reside in the Premises, hereby (a) expressly assumes and accepts any and all risks involved or related to presence in the Property of
any and all health affecting substances, (b) waives all claims and causes of action of any kind or nature, at law or in equity, including, but
not limited to, claims or causes of action arising by statute, ordinance, rule, regulation or similar provision, against the Manager and the
Owner of the Property, their agents, principals, employees, legal representatives, affiliates, assignees, successors in title, partners,
shareholders, officers, and directors (herein collectively called the “Landlord/Affiliates”) with respect to any health hazard occurring in
connection with the presence in the Property of materials containing potentially health affecting substances, and (c) agrees to defend.
indemnify and hold harmless the Landlord Affiliates against and from any and all actions, causes of action, claims, demands, liabilities,
losses, damages, and expenses of whatsoever kind, including, but not limited to, attorneys fees at both the trial and appellate levels, that
any or all of the Landlord Affiliates may at any time sustain or incur by reason of any and all claims asserted against them to the extent
that such claims arise out of or are based upon any potentially health affecting substances brought, or allowed to be brought, into the
Property by Resident or any guest or other person living in, occupying, using or residing in the Premises.
34. Limitation of Owner’s Personal Liability. Resident specifically agrees to look solely to Owner’s interest in the Property for
the recovery of any judgment against Owner or Manager, it being agreed that Owner (and its officers, directors, employees, partners and
shareholders) shall never be personally liable for such judgment. The provision contained in the foregoing sentence is not intended, and
shall not, limit any right that Resident might otherwise have to obtain injunctive relief against Owner or Owner’s successor-in-interest or
any suit or action in connection with enforcement or collection of amounts which may be owing or payable under or on account of
insurance maintained by Owner.
35. Landlord’s Work.
36. SPECIAL PROVISIONS OR ADDITIONAL AGREEMENTS:
Any pet(s) will be subject to an additional Pet Agreement. Such agreement will become a permanent part of this lease agreement.
However, it shall be subject to provision #31.
37. INSURANCE. We urge you to get your own insurance for losses due to theft, fire, water damage, and the like. You intend to
{check one}
_______ not buy insurance to protect against such losses, or
_______ buy insurance from your own agent to cover such losses.
If neither is checked, you acknowledge that you will not have insurance coverage.
THIS IS A BINDING LEGAL DOCUMENT. READ ENTIRE CONTRACT AND ANY ADDENDUMS BEFORE SIGNING.
RESIDENT OR RESIDENTS:
BY:
________________________________________________________________
zzz ski
Under no circumstances shall this written agreement (whether all or in part) be duplicated and/or reproduced without the expressed written consent of the owner/manager.
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ACCEPTANCE OF PREMISES FORM
Property: , Lubbock, Texas
Dated:
Resident has examined and accepted the premises. This Acceptance of Premises Form is provided to resident upon move-in. Within
72 hours after move-in, resident shall note any defects or damages on this form and return it to Manager. Defects and damages not
reported to Manager shall be presumed to have first occurred during Resident’s occupancy of the premises. The identification of
defects and damages on this form does not constitute a provision to remedy the problem. Resident shall use reasonable diligence in
care of the premises and shall maintain the premises in a safe and sanitary condition. Further covenants and conditions to be kept,
performed and observed by Resident are contained under the Property Lease Agreement.
RESIDENT OR RESIDENTS:
BY:
__________________________________________________________
zzz ski
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SECURITY DEPOSIT AGREEMENT
This Property SECURITY DEPOSIT AGREEMENT (the “Agreement”) is made January 28, 2006, by and between the Owner and/or
Manager of the Property (as hereinafter described) and (hereinafter referred to as “Resident”, whether one or more. Upon signing this
Lease, Resident shall deposit with Manager the total sum of $ 400.00 as a Security Deposit to be held pursuant to this Security Deposit
Agreement attached to the Lease and incorporated herein by reference for all purposes.
In no way shall this Agreement conflict with the Property Lease Agreement with the following Agreement conditions being supplemental to
the Lease: The Security Deposit shall be deposited with the Manager to guarantee that the property and premises condition shall be
surrendered to the Manager in original condition, normal wear and tear only excepted, at the termination of this lease. In case of damage or
loss, it is agreed and understood that said deposit shall be applied to the cost of repair or replacement of said damaged property and/or
premises and Resident shall be liable for any additional sums necessary for said repair or replacement. Should the repair or replacement not
require all of the deposit or if there is no damage or loss to said property and/or premises, the balance or all of the deposit, whichever it shall
be, shall be refunded. A pet deposit of $ 30.00 is required and it shall be subject to the terms and conditions outlined in the Security Deposit
Agreement, the Pet Agreement Addendum, and the Lease Agreement.
A CONDITION TO THE REFUND OF THE SECURITY DEPOSIT(S) IS THAT RESIDENT MUST PROVIDE MANAGER
WRITTEN NOTICE OF SURRENDER OF THE PROPERTY AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OR
TERMINATION OF THE LEASE, OR ANY EXTENSION OR RENEWAL HEREOF.
RESIDENT OR RESIDENTS:
BY:
______________________________________
zzz ski
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PET AGREEMENT(Addendum to Lease Agreement)
This AGREEMENT (the “Pet Agreement”) is attached to and forms a part of the Lease Agreement dated January 28, 2006, by and
between the Owner and/or Manager of the Property (as hereinafter described and hereinafter referred to as “Manager”) and (hereinafter
referred to as “Resident”, whether one or more).
Resident desires to keep a pet named and described as a on
the premises under the Lease Agreement referred above. Because this Lease Agreement specifically prohibits keeping pets without the
Owners’ permission, Resident agrees to the following terms and conditions in exchange for this permission:
1. Resident agrees that only “Outdoor” pets are allowed.
2. Resident agrees to keep their pet under control at all times.
3. Resident agrees to keep their pet restrained, but not tethered, when it is outside their dwelling.
4. Resident agrees to adhere to local ordinances, including leash and licensing requirements.
5. Resident agrees not to leave their pet unattended for any unreasonable periods.
6. Resident agrees to clean up after their pet and to dispose of their pet’s waste properly and quickly.
7. Resident agrees not to leave food or water for their pet or any other animal outside their dwelling where it may attract other
animals.
8. Resident agrees to keep their pet from being unnecessarily noisy or aggressive and causing any annoyance or discomfort to others
and will remedy immediately any complaints made through the Owners or Manager.
9. Resident agrees to provide their pet with regular health care, to include inoculations as recommended.
10. Resident agrees to provide their pet with an identification tag.
11. Resident agrees to get rid of their pet’s offspring within eight weeks of birth.
12.Resident agrees to pay immediately for any damage, loss, or expense caused by their pet, and in addition, they will add $ 30.00
to their security/cleaning deposit any of which may be used for cleaning, repairs, or delinquent rent when Resident vacates. This
added deposit, or what remains of it when pet damages have been assessed, will be returned to Resident within the normal time
allowed for their regular security deposit. The $ 30.00 per pet fee may not be used for such uses identified above and is nonrefundable
and will be considered separate and apart from all rents and deposits contained herein.
13. Resident agrees that this Pet Agreement applies only to the specific pet described above and that no other pet may be substituted.
14. Resident agrees to furnish Owners with a picture of their pet.
15. Resident agrees that Owners reserve the right to revoke permission to keep the pet should Resident break this Pet Agreement. Under
such revocation, Resident agrees and understands that all pet fees remain non-refundable and any deposits related thereto will remain
in place until the termination or completion of the Lease Agreement.
16. Pit Bulls are not allowed on the property and are explicitly prohibited.
BY:
______________________________________
zzz ski
Under no circumstances shall this written agreement (whether all or in part) be duplicated and/or reproduced without the expressed written consent of the owner/manager.
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