Interior Features: Good nearby schools including George W Jenkins Senior High, Valleyview Elementary School and Lakeland Highlands Middle School All around high ceilings (9.5 feet) New paint on all interior walls Brick hearth and wood burning fireplace Monitored alarm system with exterior door chimes Ceramic tiles in foyer, kitchen, family room and nook Beautiful custom designed window treatments Like new kitchen appliances, including a double door Whirlpool refrigerator Built-in family dining nook Large walk-in closets Large glass sliding doors to poor deck from family, living and master bed rooms Huge laundry enough for a treadmill and a second large refrigerator Exterior Features: Fenced backyard Newly bleached concrete walkway and driveway Large rectangular swimming pool with fountains Large pool deck area 3-year old exterior paint 3-year old roof TENANT SHALL BE RESPONSIBLE for arranging and shall pay all utilities at the premises for the term of this Lease, including electricity, gas, water, telephone, cable television, garbage collection. TENANT SHALL PROCURE and maintain throughout the term of the Lease "Renter's" insurance. DAMAGE TO OR DESTRUCTION OF LEASED PROPERTY: If the Leased Property is rendered uninhabitable as a result of fire or other casualty not Tenant's fault, the rent provided for in Paragraph 3 hereof shall be suspended until the Leased Property is again habitable. Furthermore if the Leased Property is rendered uninhabitable for a period of more than sixty (60) days, as a result of fire or other casualty not Tenant's fault, then either Landlord or Tenant may terminate this Lease by written notice to the other. INDEMNIFICATION AND WAIVER: Tenant shall indemnify, defend, and hold Landlord harmless, from and against all claims, liability, loss and damage whatsoever on account of any injury to or death of any person and from any damage to, destruction of, or loss of use of any property which at anytime may be suffered or sustained by person or entity arising out of or resulting from failure of Tenant to perform any covenant required to be performed by Tenant hereunder, and act or omission, negligent or otherwise, of any person or entity, and any occurrence on or about the Leased Property. The foregoing indemnification agreement and waiver shall remain in effect notwithstanding any termination of this Lease. Furthermore, such indemnification agreement and waiver shall not be construed as limiting or otherwise affecting in any manner the liability of any insurer under the terms of any liability insurance policies procured by either Landlord or Tenant. REPAIRS AND MAINTENANCE: Within the first seven (7) days of the Lease Term, Tenant shall notify Landlord in writing of any defect in the condition of or damage to the Leased Property. Tenant's failure to notify Landlord shall be deemed an acknowledgment by Tenant that the Leased Property is in good condition and in a good state of repair. Landlord is responsible for maintaining the exterior walls and roof of the Leased Property, the air-conditioning and heating system, the plumbing (except as noted in paragraph 6(c), and the major appliances. Tenant, at Tenant's expense is responsible for maintaining the interior of the Leased Property, the yard, and the shrubbery, and the pool. Tenant shall be responsible for replacing the air-conditioning filter at lease every two (2) months, and the cost or repairing any damage to the air-conditioning system caused by failure to replace the filter at every two (2) months shall be paid by the Tenant. In addition, Tenant, at Tenant's expense, is responsible for the repair of any damage caused by anyone other than Landlord. Tenant shall fully perform all of Tenant's duties under this paragraph promptly and without notice, in all events, such duties shall be fully performed by Tenant within ten (10 days after Landlord notifies Tenant of the necessity of performing any such duty, and any failure by Tenant to do so shall constitute a default under this Lease. Tenant shall notify Landlord as soon as possible after the discovery of any item which needs to be repaired so the damage to the Leased Property may be avoided by prompt action to remedy any defect or item needing repair. DEFAULT: ANY OF THE FOLLOWING EVENTS SHALL CONSTITUTE DEFAULT (a) If Tenant fails to pay any rent or any other sum due Landlord under the term of this Lease and the same remains unpaid for a period of more than three days after delivery of written demand to Tenant. (b) If Tenant fails to perform or comply with any other material covenant or condition of this lease, and if such nonperformance (1) is such that Landlord determines that Tenant should not be given an opportunity to cure or (2) consists of a subsequent or continuing nonperformance after prior written warning, Landlord may terminate this Lease by written notice, and Tenant shall vacate the Leased Property within seven (7) days after delivery of such notice. If Landlord determines that Tenant should be given an opportunity to cause the nonperformance, landlord shall so notify Tenant in writing specifying the nonperformance, if the nonperformance is not cured within seven (7) days from the time such notice is delivered, this Lease shall be automatically terminated, and Tenant shall immediately vacate the Leased Property. Upon the occurrence of any event of default, and as often as such event occurs, Landlord shall have all rights and remedies available to Landlord whether based upon statute, common law, or otherwise. In any event, upon default of Tenant, Landlord shall have the right at Landlord's option, to immediately terminate this Lease without further notice to Tenant and to recover from Tenant the entire unpaid rent for the remainder of the Lease term, or landlord may relet the Leased Property for Tenant' account and thereafter recover from Tenant an amount equal to the difference between the total rent for the Lease Term herein reserved (plus all costs and expenses related to reletting) less the amount actually recovered by Landlord from any relating. In no event shall the landlord be liable to Tenant for any amount of rent received which is in excess of the rent payable hereunder. Landlord shall be entitled to recover from Tenant, in addition to all other relief, all costs and expenses incurred by Landlord as a result of(1) any default by Tenant; and (2) any litigation instituted to enforce or interpret any provision of this Lease, including court costs and reasonable attorney's fee.
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