Within walking distance to campus and bus routes available Restaurants, bars, and shopping all within walking distance Theaters, entertainment all nearby Stainless Steel kitchen appliances Washer/Dryer in-unit Includes the following utilities in the rent: internet, water, sewer, and trash. Unfurnished Move-In available immediately This is a re-let of a current lease, meaning the new renter will take over the lease fully. You will need to pass background and credit checks and go through the application process, and you will sign a lease for this unit. 9 NORTH - LEASE AGREEMENT MOVING IN GENERAL INFORMATION 1. PARTIES. This Lease Agreement ("Lease") is between you, the resident (list all people signing this Lease): Lloyd Wynter as the representative of College Internship Program ("Resident") and us, the owner agent: SCP 9 NORTH COLLEGE LLC ("Landlord", "us", or "we"). The terms "you" and "your" or "Resident" refer to Resident. The Unit (as defined herein) which is the subject of this Lease is as follows: An undivided interest in a bedroom ("Bedroom") that is part of a unit of bedrooms ("Unit") within the floor plan 3x2 #207 at 9 North, located at 512 N College Ave Bloomington, IN 47401 ("Community"). Landlord will identify the exact Unit in a written notice to Resident prior to the beginning of the Lease Term (as defined herein), together with the right to use, in common with others residents of the Unit, any furniture, appliances, or personal property provided by Landlord in such Bedroom and Unit, and any common kitchen, balcony, patio, attached garage, storeroom, or other common areas in the Unit (the "Unit Common Areas," and together with the Bedroom, the "Leased Premises"). Resident shall also have the right to use, in common with other residents of the Community, swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, stairs, passageways, parking areas, meeting rooms and other areas of the Community intended for use by all residents of the Community and in which no resident has the right of exclusive possession. Prior to moving, you will be notified of your assigned Unit and Bedroom. Per section 2, this assignment is subject to change before or during the term of this Lease. Written notice to or from the Manager constitutes notice to or from us. If anyone else has guaranteed performance of this Lease, a separate Guaranty Agreement for each guarantor is attached. Any such guarantor is referred to herein as "Guarantor." 2. OCCUPANTS. The Resident agrees that the Leased Premises are to be occupied only by the specifically named person in the Resident's application and no one else. Resident agrees that there will be no more than one person per bedroom in the Unit. All occupants must complete and submit a rental application. If any other person resides with the Resident without prior written authorization from the Landlord, the Landlord may, at its sole option, declare this Lease in default. The Resident further agrees that this Lease cannot be assigned or sublet by said Resident either in whole or in part without specific prior written approval of the Landlord and any attempt to do so without Landlord's prior written consent shall constitute a default hereunder. Although Resident may have visitors occasionally, it is understood that occupancy of the Leased Premises is expressly reserved for the Resident only, and any persons occupying the Leased Premises as a guest for more than three (3) days total during any one (1) month period, in whole or part, during the term of this lease shall be deemed unauthorized, resulting in a breach of this Lease. The occupancy of the Leased Premises by an unauthorized guest in excess of said one (3) days per month shall be deemed a violation of the Lease and the Landlord shall be entitled to recover from the Resident and guest (whose liability shall be joint and several) an amount of rent equal to that being paid by Resident in addition to any other damages provided in this Lease and in addition to the right of the Landlord to declare the Lease in default and may end your right of occupancy. ROOMMATES. The persons occupying the other exclusive spaces within the Unit (collectively referred to as the Roommates) will also be allowed to reside in the apartment. Resident acknowledges that Landlord has the right to assign a Roommate to the Apartment before or during the term of this Lease and the Resident's right to occupy the Common Area is only as a co occupant with the Roommates, all of whom have executed separate Resident Lease Agreements with Owner to occupy their exclusive spaces and the Common Area of the Unit. Resident acknowledges that whether or not the Roommates have been selected by Resident or by the Landlord, the Landlord is not responsible or liable for any claims, or action of any nature whatsoever relating to, arising out of or connected with disputes between Resident and Roommates or between Roommates. RELOCATION. To the extent practical in our sole judgment, we will try to honor requests for residing in a particular dwelling. If we receive a joint request from you and another resident in your unit to exchange bedrooms within 10 days after your initial occupancy, and you comply with our procedures and required documentation, you may change bedrooms with another resident in your dwelling without being subject to a transfer fee of $400.00. Transfer at your request to a dwelling other than the one you initially occupied may be made only with our prior written approval and for a similar fee. For purposes of operating efficiently and harmoniously, we reserve the right at any time, upon five days prior written notice to you and without your having to pay any transfer fee, to relocate you to another bedroom in the dwelling or to another dwelling within the apartment community. We will assist you in moving your personal property and pay for rekeying if we require transfer. We also reserve the right to relocate you to another unit or dwelling in the Community at our reasonable discretion. 3. LEASE TERM. The initial term of the Lease ("Lease Term") begins on 8-16-22 ("Lease Commencement") and ends at 10AM on ("Expiration Date"). 4. SECURITY DEPOSIT. The total security deposit for Resident is $2295 ("Security Deposit"), due on or before the date this Lease is signed. This amount does not include an animal deposit, which will be stated in an animal addendum. The Security Deposit may be comingled with other funds of Landlord and shall bear no interest. USE OF THE SECURITY DEPOSIT. Landlord may, in its discretion, without prejudice to any other right or remedy of Landlord provided in this Lease, use the Security Deposit to reimburse Landlord for all actual damages to the Unit or the Community which is Resident's obligation under the Lease or to pay Landlord for all rent in arrearage or rent due as a result of Resident's default under this Lease and for all past due utility charges and Resident shall reimburse Landlord for the cost thereof on demand. In the event Landlord should so apply all or any part of the Security Deposit, Resident shall within five (5) days after receipt of notice from Landlord, pay to Landlord the sum so expended in order to replenish the Security Deposit. Failure to do so shall be an Event of Default under this Lease. REFUND OF SECURITY DEPOSIT. So long as a forwarding address for the Resident has been provided, the Security Deposit, or any balance thereof, shall be returned to Tenant at the expiration of the term of this Lease within Forty-five (45) days after the later of (i) the date Resident has properly vacated the Premises or (ii) the date of the termination of this Lease. Any deductions made from the full amount of the Security Deposit shall be itemized and provided to Resident within said forty-five (45) day period. 5. KEYS, FURNITURE AND AFFIDAVIT OF MOVE OUT. You will be provided 3 Unit key(s), 3 mailbox key(s), N/A bedroom key, and N/A other access device(s), or gate and clubhouse access. Any resident, occupant, or spouse who, according to a remaining resident's affidavit, has permanently moved out or is under court order to not enter the Unit, is (at our option) no longer entitled to occupancy, keys, or other access devices. Your Unit will be (check one): [ ] Furnished, [ ] Partially Furnished, [X] Unfurnished. 6. RENT AND CHARGES. equal installments of $2295, in advance and without demand at the on site manager's office. The first installment is due on or before the first of the month in which your Lease begins. Otherwise, you must pay for your rent on or before the 1st day of each month (due date) with no grace period. Rent is payable by check, MoneyGram, cashier's check or credit card. You have no right to withhold rent for any purpose, even an act of God, or to reduce or offset rent payable to us by any of your costs or damages against us. We may, at our option, require at any time that you pay all rent and other sums by online credit payment, certified or cashier's check, MoneyGram, or one monthly check rather than multiple checks, but we will not accept personal checks after the 10th of the month. Cash, international funds, or temporary checks will not be accepted. If you don't pay all rent before the FOURTH (4th) day of the month, and we haven't given notice to vacate before that date, you'll pay an initial late charge of $50 plus a late charge of $5 per day after that date until paid in full. Daily late charges shall not exceed 15 Days for any single month's rent. If you give us a check that is unpaid by the financial institution for any reason, you must immediately replace such returned check with a MoneyGram, cashier's/certified check, or credit card. After two returned checks, you must make all future payments by MoneyGram, cashiers/certified check, or credit card. You will also pay a charge of $35 for each returned check or rejected automatic electronic draft, plus initial and daily late charges from due date until we receive acceptable payment. If you do not pay rent on time, you will be delinquent and all remedies under state law and this Lease will be authorized. There is a one-time service fee of $295 per bedroom for unlimited usage of water, sewer, gas, and dumpster trash removal during this Lease Term. This one-time service fee is due in full on or before your Lease Commencement. COMMUNITY FEE. Resident agrees to pay a non-refundable community fee of $0. This fee is designed to defray our costs in providing and maintaining certain services, amenities, and common areas at the property. These may but do not necessarily include the following services, amenities and common areas (if applicable): Club House; Business Center; Fitness Center; Pool and Spa (excluding water); Dog Park; Pest Control Service; Playground; Landscaping (excluding water); Natural Gas; Grounds Porter; Parking Lot maintenance; Roof Maintenance; Courtesy Patrols; Trash Service; and Common Area Lighting. The community fee does not cover all of the property's expenses in these areas, and the property may or may not provide all of these services or amenities, and certain services and amenities may be suspended, interrupted or discontinued at any time and from time to time, at Landlord's sole discretion, without reduction in or proration of the community fee. No part of the property's monthly water and sewer bill is included in the community fee. This amount is freely contracted between the parties at the signing of this Agreement and is not to be returned to the Resident under any circumstances; this non-refundable community fee belongs to the Landlord and is fully earned at the signing of this agreement it is openly charged and agreed to by the Resident. 7. UTILITIES. Utilities will be provided as set forth and in accordance with the terms and the limitations of the attached Utility Addendum, which is attached hereto and incorporated herein by reference. All utilities may be used only for normal household purposes and must not be wasted. We will not be liable for any interruption, surge or failure of utility services (including internet access) to the Unit or Leased Premises or any damage directly or indirectly caused by the interruption, surge or failure. In the event that Resident is responsible for all or a portion of electric, water, sewer, trash or gas charges pursuant to this Lease (to either Landlord or the local utility(ies)), Landlord shall have the right to hire a third-party provider to provide utility billing services to Resident at any time during the term of this Lease. In such event, Resident expressly agrees to pay an annual fee of up to $60 in connection with such utility billing services. 8. INSURANCE. Our insurance does not cover the loss of or damage to your personal property. You are (check one): [ ] required to buy and maintain renter's or liability insurance (see attached addendum), or [X] are strongly recommended to maintain renter's or liability insurance throughout your lease term Landlord is not responsible for, and will not provide, property or casualty insurance for the personal property of any Resident, occupant or guest. The Resident assumes all responsibility for any damages caused to their Unit and the Community by the Resident's own negligence including causing fires, theft, water damage, pipe leaks, and other similar occurrences. Also, under no circumstances will Landlord be responsible for any damage to Resident's personal belongings, regardless of cause including, without limitation, Landlord's own negligence. The Resident agrees that by signing this page that this constitutes Landlord's advice or notice, strongly urging Resident to obtain from the Resident's own insurance company renter's insurance or elects the option to purchase renter's or liability coverage through Landlord's Master Liability Insurance Policy. The Resident understands that if the Resident causes any damage, including that resulting from fire or flood that the Resident is responsible for any repairs needed to the Unit and any other damage to the Community caused by the Resident's negligence. To The extent permitted under Applicable Law, the Landlord may recover reasonable attorneys' fees and court costs for the collection of nonpayment for repairing damages caused to the Unit or Leased Premises and/or any other part of the Community that was damaged because of Resident's willful conduct, omissions or negligence, or the willful conduct, omissions or negligence of Resident's family members or persons in the Unit, Leased Premises, or at the Community with Resident's consent. 9. SECURITY DEVICES. We will provide at no cost to you when occupancy begins: (1) a window latch on each window; (2) a door viewer (peephole) on each exterior door; (3) a pin lock on each sliding door; (4) either a door handle latch or a security bar on each sliding door; (5) a keyless bolting device (deadbolt) on each exterior door; and (6) either a keyed doorknob lock or a keyed deadbolt lock on one entry door. Keyed lock(s) will be re keyed after the prior resident moves out. The re keying will be done either before you move in or within 7 days after you move in, as required by statute. Subject to some limitations, you may at any time ask us in writing to: (1) install one keyed deadbolt lock on an exterior door if it does not have one; (2) install a security bar on a sliding glass door if it does not have one; and (3) change or rekey locks or latches. We must comply with those requests, but you must pay for them. Subject to statutory restrictions on what security devices you may request, you are now requesting us to install or change at your expense: One keyed deadbolt lock on exterior door Security bar on sliding glass door Change/rekey locks or latches. If no item is filled in, then you are requesting none at this time. PAYMENT. We will pay for missing security devices that are required by statute. You will pay for: (1) rekeying that you request (except when we failed to rekey after the previous resident moved out); and (2) repairs or replacements due to misuse or damage by you or your family, occupants, or guests. You must pay immediately after the work is done unless state statute authorizes advance payment. You also must pay for additional or changed security devices you request, in advance or afterward, at our option. 10. SPECIAL PROVISIONS. The following or attached special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease and will supersede any conflicting provisions of this printed Lease form. ALL ATTACHED ADDENDA APPLY. 11. RENT INCREASES AND LEASE CHANGES. No rent increases or Lease changes are allowed before the initial Lease Term ends, except for changes allowed by any special provisions in paragraph 10, by a written addendum or amendment signed by you and us, or by reasonable changes of Community rules allowed under paragraph 18. 12. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs, cleaning, a previous resident's holding over, or any other reason, we are not responsible for the delay. The Lease will remain in force subject to abatement of rent on a daily basis during delay. In the event we cannot deliver possession of the Unit to you on the Lease Term Starting Date despite our reasonable efforts or those of our agents, we shall have no liability and the rent herein provided shall not abate; provided, however that we shall provide substitute living accommodations (which may be a hotel room comparable to Unit) until possession of the Unit is given. We shall provide you with access to one (1) 10'X'10' climate-controlled storage space during the period that you do not have possession of the Unit. We shall have thirty (30) days after the Lease Term Starting Date in which to give possession of the Unit to you, and if possession is tendered within such time, you agree to accept the Unit. In the event possession cannot be delivered within such thirty (30) day period, then at the option of either you or us, and upon providing notice to the other party, this Lease and all rights and obligations there under shall terminate upon conclusion of the thirty (30) day period from Lease Term Starting Date. The foregoing does not apply if delay is for cleaning or repairs that don't prevent you from occupying the Unit or Leased Premises. Resident acknowledges that some and/or all of the advertised Community Common Areas or portions of the Community Common Areas may not be fully functional, accessible or available for usage by Resident because the area(s) in questions has not yet been fully constructed, is not operational, and/or due to a Community Closure. Further, RESIDENT EXPRESSLY ACKNOWLEDGES THAT RESIDENT'S USE, ACCESS, ENJOYMENT OF THE COMMUNITY COMMON AREAS IS NOT A MATERIAL PART OF THE LEASE AND FURTHER IT WAS NOT MATERIAL TO RESIDENT'S INDUCEMENT TO ENTER INTO THE LEASE. Resident fully understands that Resident's use, access, views and/or enjoyment of the Community Common Areas may be limited, restricted and/or completely inaccessible during the duration of the Lease and/or beyond the term of this Lease, and that there shall be no abatement for any amounts due under this Lease for any period of time when access to any Community Common Area is limited, restricted and/or completely inaccessible. 13. DISCLOSURE RIGHTS. We may disclose information gathered about you and your rental history to law enforcement, governmental agencies, or other landlords and their agents for any legitimate and lawful purpose. We may request local utility companies to provide information about pending or actual connections or disconnections of utility service to your Unit. WHILE YOU'RE LIVING IN THE UNIT 14. COMMUNITY RULES & REGULATIONS. You and all guests and occupants must comply with any written Community rules and regulations, including instructions for care of our property. Our rules are considered part of this Lease and are incorporated herein for all purposes. We may make reasonable changes to written rules, effective immediately, upon their distribution to you, and rules are applicable to all units in the Community and do not change dollar amounts on this Lease. You must comply with any subdivisions or deed restrictions that apply. 15. LIMITATIONS ON CONDUCT. The Unit, Leased Premises, and other areas reserved for your private use must be kept clean and in good orderly condition and repair. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Trash is not to be stored on balconies, breezeways, or passageways. Passageways may be used only for entry or exit. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with Community rules and posted signs. Glass containers are prohibited in or near pools and all other common areas. You, your occupants, or guests may not do the following anywhere in the Community: use candles or use kerosene lamps or heaters without our prior written approval; cook on balconies or outside; or solicit business or contributions. Conducting any kind of business (including child care services) in your Unit or in the Community is prohibited, except that a lawful business conducted at home by computer, mail or telephone is permissible if customers, clients, patients, or other business associates do not come to your Unit for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in common areas. We may exclude from the Community guests or others who, in our judgment, have been violating the law, violating this Lease or any Community rules, or disturbing other persons, residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident in the Community. 16. PROHIBITED CONDUCT. You or your occupants or guests may not engage in the following activities: criminal conduct; behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety or convenience of others (including our agents and employees) in or near the Community; disrupting our business operations; manufacturing, delivering, or possessing a controlled substance or drug paraphernalia; engaging in or threatening violence; possessing a weapon prohibited by state law; discharging a firearm in the Community; displaying or possessing a gun, knife or other weapon in the Community common area in a way that may alarm others unless expressly permitted under Applicable Law; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the Community; using windows for entry or exit; heating the Unit with a gas operated cooking stove or oven or in any other manner other than the heating sources provided with this Lease; or injuring our reputation by making bad faith allegations against us to others. Engaging in any of these activities shall be considered a breach of the Lease. The fact that you and your roommates are, or may be, in conflict with each other will not act as grounds to terminate the Lease. If your roommate or a potential roommate was not truthful on their roommate preference card, we are not liable and the same is not a basis for terminating this Lease. Resident and his/her guests will not engage in or permit the Unit to be used for criminal activity, including drug related criminal activity and will not engage in the manufacture, sale or distribution of illegal drugs at any location, whether on, or near, the Community. It is your responsibility, not 9 North's responsibility, to notify the proper authorities if you suspect a roommate or guest is engaged in illegal activities. Possession and consumption of alcoholic beverages and all other controlled substances must be in full compliance with local, state and federal laws and regulations. Violations of the above shall be a material violation of the Lease and may be cause for termination of tenancy but does NOT release you from your financial obligations under the Lease. No smoking of any substance is allowed in the Unit rented by Resident, including any associated balconies, decks, or patios; in the common areas of the building where the Unit is located, including, but not limited to, community rooms, community bathrooms, lobbies, reception areas, hallways, laundry rooms, stairways, offices, and elevators; or in any of the common areas or adjoining grounds of such building or other parts of the Community, including entryways, patios, and yards, and any area within a fifteen (15)-foot radius of the foregoing areas or any window, door, cooling system, heating system, or ducting, nor shall Resident permit any guests or visitors under the control of Resident to do so. "Smoking" also includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form. If smoking in violation of this Section does occur: 1) Resident is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors, and removal of debris; 2) Resident, guests, and all others may be required to leave the premises; and 3) Resident acknowledges that in order to remove odor caused by smoking, Landlord may need to replace carpet and drapes and paint the entire affected premises regardless of when these items were last cleaned, replaced, or repainted. Such actions and other necessary steps will impact the return of any security deposit 17. RELEASE OF RESIDENT. You may have special statutory rights to terminate the Lease early in certain situations involving sexual assault or sexual abuse, family violence or a military deployment or military transfer. 18. PARKING. We may regulate the time, manner and place of parking all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles ("Vehicles"). Without limiting any other provision of this Lease, Landlord shall have no liability for any damage or loss to any Vehicle owned by you or your guests at the Community regardless of cause, including, without limitation, Landlord's own negligence. You shall rely solely on your own insurance to recover such loss or damage. Motorcycles or motorized bikes may not be parked inside the Unit or on sidewalks, under stairwells, or in handicapped parking areas. All vehicles owned or operated by you may be required to have a Community parking sticker if we have so designated. If provided, guests must park in the designated guest parking areas. Otherwise, there are no assigned parking spaces and parking spaces if provided, are available on a first come, first served basis. We may have unauthorized or illegally parked vehicles towed according to state law at the owner or operator's expense at any time if it: has a flat tire or is otherwise inoperable; is on jacks, blocks or has wheel(s) missing; takes up more than one parking space; belongs to a resident or occupant who has surrendered or abandoned the Unit; is in a handicap space without the legally required handicap insignia; is in a space marked for office visitors, managers, or staff; blocks another vehicle from exiting; is in a fire lane or designated no parking area; is in a space marked for other resident or unit(s) is on the grass, sidewalk, or patio; blocks garbage trucks from access to a dumpster; or has no current license, registration or inspection sticker, and we give you at least 10 days' notice that the vehicle will be towed if not removed. WARNING; YOUR VEHICLE WILL BE TOWED IF YOU FAIL TO COMPLY WITH THE COMMUNITY'S PARKING POLICIES. 19. MILITARY PERSONNEL CLAUSE. The Service members Civil Relief Act ("SCRA") applies to the lease. Resident may terminate this lease if Resident demonstrates that Resident meets the requirements under the SCRA and any applicable state law. 20. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care for your own and others' safety and security, especially in the use of smoke detectors, door and window locks, and other safety or security devices. You agree to make every effort to follow the Security Guidelines in paragraph 34. Window screens are not for security or keeping people from falling out. SMOKE DETECTORS. We will furnish smoke detectors as required by statute or city ordinance, and we will test them and provide working batteries when you first take possession. After that, you must pay for and replace batteries as needed unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report smoke detector malfunctions to us. Neither you nor others may disable smoke detectors. will be liable to us and others if: (1) damage, destroy, or fail to maintain the smoke detectors or replace batteries; (2) you fail to report malfunctions to the smoke detector; or (3) any loss, damage, or fines result from fire, smoke or water as a result of your failure to maintain or report any malfunction related to the smoke detector. CASUALTY LOSS. We are not liable to any resident, guest, or occupant for personal injury or damage or loss of personal property from casualty losses including but not limited to fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind, explosions, interruption of utilities, pipe leaks, theft or vandalism unless otherwise required by law. We have no duty to remove any ice, sleet or snow but may remove any amount with or without notice. Unless we instruct otherwise, you must, for 24 hours a day during freezing weather, (1) keep the Unit heated to at least 50 degrees; (2) keep cabinet and closet doors open and (3) drip hot and cold water faucets. You will be liable for damage to our and others property if damage is caused by broken water pipes due to your violating these requirements. CRIME OR EMERGENCY. Dial 911 or immediately call local medical emergency, fire or police personnel in case of accident, fire, smoke, suspected criminal activity, or other emergency involving imminent harm. You should then contact our representative. You will not treat any of our security measures as an express or implied warranty of security, or as a guarantee against crime or of reduced risk of crime. Unless otherwise provided by law, we are not liable to you or any guests or occupants for injury, damage or loss to person or property caused by criminal conduct of other persons, including theft, burglary, assault, vandalism, or other crimes. Even if previously provided we are not obligated to furnish security personnel, patrols, lighting, gate or fences or other forms of security unless required by statue. We are not responsible for obtaining criminal history checks on any residents, occupants, guests, or contractors in the Community. If you or any occupant or guest is affected by a crime, you must make a written report to our representative and to the appropriate law enforcement agency. You also must furnish us with the law enforcement agency's incident report number upon request. EXTENDED PHYSICAL ABSENCE. If you are absent from the Unit for an extended period of time at any point during the Lease Term, you agree to periodically check in on your individual bedroom, bathroom and the common areas. You understand that you are fully responsible for your bedroom and a pro rata share of the common area if preventable property damage (including, but not limited to, damage caused by water leaks, power outages, equipment malfunction, fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, crime in progress, etc.) occurs during your extended absence. 21. CONDITION OF THE UNIT AND ALTERATIONS. You accept the Unit, fixtures, and furniture AS IS, except for conditions materially affecting the health or safety of ordinary persons. EXCEPT FOR THE IMPLIED WARRANTY OF HABITABILITY, WE DISCLAIM ALL IMPLIED WARRANTIES AND NO EXPRESS WARRANTIES HAVE BEEN MADE TO YOU. You will be given an Inventory and Condition form on or before move in. Within 48 hours after move in, you must sign and note on the form all defects or damage and return it to our representative. Otherwise everything will be considered to be in a clean, safe, and good working condition. You must use customary diligence in maintaining the Unit and not damaging or littering the common areas. Unless authorized by statute or by us in writing, you must not do any repairs, painting, wallpapering, carpeting, electrical changes, or otherwise alter our property. No holes or stickers are allowed inside or outside the Unit. But we will permit a reasonable number of small nail holes for hanging pictures on sheetrock walls and in grooves of wood paneled walls, unless our rules state otherwise. No water furniture, washing machines, additional phone or TV cable outlets, alarm systems, or lock changes, additions, or rekeying is permitted unless statutorily allowed or we have consented in writing. You agree not to alter, damage, or remove our property, including alarm systems, smoke detectors, furniture, telephone and cable TV wiring, screens, locks, and security devices. When you move in, we will supply installed light bulbs for fixtures furnished by us, including exterior fixtures operated from inside the Unit. You are responsible for replacing and supplying, at your sole cost and expense, all additional bulbs of the correct type and wattage after the Commencement Date. Your improvements to the Unit (whether or not we consent) become ours unless we agree otherwise in writing. 22. MAINTENANCE, ALTERATIONS AND REPAIR. a. You are responsible for and will take good care of the Unit and Common Areas. You will not remove any of our property, and you will not perform any repairs, painting, wall papering, electrical changes or other alterations (other than for small nail holes in sheet rock for hanging pictures) of the Unit without our prior written consent. We can require you to prepay or, if we elect, you agree to repay us, within 10 days after receipt of an invoice, for the cost of all repairs made necessary by a violation of this Lease or the negligent or careless use of the Unit or any part of the Community, including, without limitation, damage from waste water stoppages, damages to furniture, appliances, doors, windows or screens, or damage to any other part of the Unit. If you prepay, any over payment will be applied against any amount that you owe us, and the remainder will be returned to you; if your prepayment was less than the cost incurred, you will pay us that amount within ten (10) days after we send you an invoice. Your obligations to pay the charges described in this paragraph will survive after the expiration of this Lease. b. We can temporarily turn off equipment and interrupt utilities to avoid property damage or to perform work requiring such interruption as determined in our sole judgment. c. Except in the event of an emergency, all request for repairs or services to the Unit, or repairs or replacements of security devices, must be in writing. You must notify us immediately if the following occurs: (1) a malfunction of any utilities; (2) damage by fire, water, or other similar cause; (3) malfunction of air conditioning or other equipment; (4) carpet holes; (5) broken glass; (6) broken locks or latches; and (7) any condition which you reasonably believe poses a material hazard to health or safety. Once we receive the notice, we will act with reasonable diligence in making repairs and reconnections, but during that time you cannot stop payment of or reduce the rent except to the extent allowed by law. d. We are not liable for any inconvenience, discomfort, disruptions or interference with your use of the Unit because of any repairs, alterations or improvements to the Unit, or the Community. If you request any repairs, they will be performed during normal working hours unless you request in writing that such repairs be done during other hours. If we approve such request, unless the repairs are required by an emergency, you will have to pay in advance any additional charges (such as overtime) resulting from such request. e. We are not liable to you or your guests for personal injury or damage loss of personal property from any cause, including but not limited to, fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind, explosion, or surges or interruption of utilities; except to the extent that such injury, damage or loss is caused by our negligence or the negligence of the Manager. You may obtain your own insurance for losses due to such causes. 23. ANIMALS. No animals (including mammals, reptiles, birds, fish, rodents, amphibians, arachnids and insects) are allowed, even temporarily, anywhere in the Unit or Community unless you receive written authorization for such animals, which shall be in the form of an Animal Addendum. You may be required to pay an additional deposit and/or non-refundable fee, which will be stated in a separate animal addendum, to obtain written authorization for such animal, and such deposit may be considered an additional Security Deposit. Support and Assistance animals, as defined under federal law, are permitted within the Community and Unit. We may require a written statement from a qualified professional verifying the need for the support or assistance animal. You may not feed stray or wild animals. Violation of this provision may result in eviction or additional charges, fees, or fines, even if this provision is violated without your knowledge. Notwithstanding our consent to maintain an animal in the Unit, we may charge you for defleaing, deodorizing, and shampooing the Unit and any carpet therein or any other damage caused to the unit by such animal. Any charges incurred by us resulting from the violation of this provision shall be paid by you and considered liquidated damages and not a penalty. If we determine that the animal is a threat to the Unit, the Community, any tenant, or guest therein, we may immediately have the animal removed from the Unit and turn it over to a humane society or local authorities. We will not be liable for loss harm, sickness, or death of the animal. You must pay for the animal's reasonable care and kenneling charges. We have no lien on the animal for any purpose. 24. RIGHT OF ACCESS. Landlord shall have the right to access the Unit, upon delivery of reasonable oral or written notice, for inspection and maintenance during reasonable hours. In case of emergency, Landlord may enter at any time to protect life and prevent damage to the property. Resident authorizes Landlord to show the Unit to prospective or current renters or buyers as may be necessary. The Land lord will be conducting periodic inspections and visitations for the purposes of pest control, water meter readings, and preventativemaintenance repairs. Whenever possible, notice will be given of such inspections and visitations. 25. RELETTING. There is no early termination clause in this Lease Agreement. You will be liable for a reletting charge equal to two (2)months market rent if you (1) fail to move in; (2) move out prior to the Expiration Date and do not pay any and all amounts owed pursuant to this Lease Agreement as they become due; and/or (3) are judicially evicted. The reletting charge is not a cancellation fee and does not release you from your obligations under the Lease. It is not a release or a Lease cancellation fee or buyout fee. It is an agreed to liquidated amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement. These damages are uncertain and difficult to ascertain particularly those relating to administrative and marketing costs. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not our reletting attempts succeed. The reletting charge does not release you from continued liability for future or past due rent, charges, fees or other sums due under this Lease. 26. ASSIGNMENT OR SUBLETTING. This Lease may not be assigned and the Unit or any portion thereof may not be sublet without our express written consent. If we consent to an assignment of the Lease or a sublease of the Unit, all rent and other payments must be made by the assignee or sub-tenant directly to us. All assignees and sub-tenants approved by us agree to comply with all the terms of this Lease as if they had originally executed this Lease. You will remain liable to us for payment of the rent and other sums due under this Lease and for performance of the obligations contained in this Lease even after an assignment or sublease is approved by us. Our consent to one assignment or sublease will not be construed as consent to any further request for an assignment or sublease or a waiver of our right, in our discretion, to consent to future requests. WE ARE NOT RESPONSIBLE FOR FINDING YOU A SUBTENANT OR ASSIGNEE. DEFAULT 27. DEFAULT BY RESIDENT. You are in violation of this Lease if one of the following occur, each of which shall be an "Event of Default": a. You fail to pay rent or any other amount due under this Lease; b. You or any guest violates any term or condition of this Lease, addenda, rules, or policies related to the Unit or the Community, and any local, state, or federal ordinance, law, statute, rule, or regulation; c. You fail to move into the Unit after completion of all required documentation, or, if you abandon the Unit; d. You or the Guarantor has made any false statement or misrepresentation on any information provided to us, which includes the application you submitted; e. You or your guest is arrested for a felony offense involving actual or potential physical harm to a person, or a felony or misdemeanor offense involving possession, manufacture or delivery of a controlled substance, marijuana, or illegal drug paraphernalia as defined in applicable law; f. Any illegal drugs or illegal drug paraphernalia are found in the Unit (whether or not we can establish possession); or g. You fail to pay any fine, charge, or penalty within ten (10) days after it is levied in accordance with this Lease or any rules or regulations of the Community. h. Any of the utilities serving the Unit are disconnected or shut off because of nonpayment. The parties expressly acknowledge that the Events of Default have been agreed to and replace, as permitted by Applicable Law, any statutory notice requirements or cure periods which might apply under Applicable Laws if the parties had not agreed to the terms of this Section 27. 28. REMEDIES. If there occurs an Event of Default, we are entitled to all remedies available at law or in equity, without demand or notice (other than as provided in this paragraph), including those remedies available herein: a. Accelerate and collect all rent and any other amount due under this Lease, addenda, or any rules or regulations of the Community; b. Collect from you the full amount of any loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the Unit or Community due to a violation of the Lease or rules, improper use of the Unit or the Community property, negligence, other conduct by you or your invitees, guests or occupants; c. Terminate your right to occupy the Unit, but not terminate the Lease nor end your monetary obligation for the Unit; d. Terminate the Lease and your right to occupy the Unit; e. Report all violations to credit reporting agencies; and f. Do any combination of a, b, c, or d. Exercising one remedy will not constitute an election or waiver of other remedies. All unpaid amounts due Landlord will bear the lesser of interest at 18% per year or the greatest amount allowed by law from the date originally due through the date of payment. Landlord shall also be entitled to all of its legal fees, court costs, and expenses. If the Event of Default solely relates to your failure to move in, we will return prepaid rent and the Security Deposit if a replacement resident acceptable to us takes occupancy on the Lease Commencement. 29. WAIVER OF A JURY TRIAL. AS A MATERIAL INDUCEMENT TO US TO ENTER INTO THIS LEASE, YOU AND WE HEREBY EACH WAIVE OUR RIGHT TO A TRIAL BY JURY ON ANY AND ALL ISSUES RELATING TO OR ARISING OUT OF OUR OBLIGATIONS UNDER THIS LEASE, THE RELATIONSHIP BETWEEN US, OR YOUR OCCUPANCY OF THE UNIT (INCLUSIVE OF ANY CLAIM OF PERSONAL INJURY). YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING PROVISION AND THAT YOU ARE VOLUNTARILY, INTENTIONALLY, AND KNOWINGLY WAIVING ITS RIGHT TO A JURY TRIAL. LANDLORD AND RESIDENT STIPULATE THAT THIS WAIVER OF JURY TRIAL IS CONSPICUOUS. 30. CLASS AND REPRESENTATIVE ACTION WAIVER. Landlord and Resident agree to bring, be a party to, and/or participate in any dispute arising out of or in any way related to this Lease on an individual basis only, and accordingly: (a) LANDLORD AND RESIDENT WAIVE ANY RIGHT FOR ANY DISPUTE TO BE BROUGHT, HEARD, DECIDED OR ARBITRATED AS A CLASS AND/OR COLLECTIVE ACTION and agree that no legal tribunal of any kind should hear or preside over any such dispute ("Class Action Waiver"). GENERAL CLAUSES 31. ENTIRE AGREEMENT. This Lease, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties acknowledge and represent that, by signing and initialing this Lease, they have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance save and except those set out in this Lease, regardless of whether made orally or in writing prior to or contemporaneous with this Lease. The parties further acknowledge that they have freely entered into this Lease after having had the opportunity to obtain independent legal counsel of their own choosing to review its provisions and to provide advice as meaning of its terms and the advisability of agreeing thereto. COMMUNITY CLOSURE. Landlord, in its sole discretion, may close and/or restrict access to (in full and/or in part any portion (or all) of) the Common Areas, for such periods of time as Landlord determines is advisable, including, but not limited to: (a) to prevent the public from obtaining prescriptive rights; (b) to make repairs or alterations; (c) to comply with applicable law; (d) to promote the health, safety, and/or well-being of tenants, visitors, and/or guests; and/or (e) for any other reason Landlord determines is advisable and which is not prohibited by law, and Resident's covenant to pay Rent and any other charges required to be paid by Resident hereunder shall not be in any way affected during any such closure. The use of the Common Areas is provided for the convenience of the tenants via a revocable license and the use of the Common Areas is not consideration, in whole or in part, for Resident entering into this Lease or its obligations thereunder. 32. WAIVER; MODIFICATION. Our representatives (including management personnel, employees and agents) have no authority to waive, amend, or terminate this Lease or any part of it, unless in writing, and no authority to make promises, representations, or agreements that impose security duties or other obligations on us or our representatives unless in writing. No action or omission by us will be considered a waiver of our rights or of any subsequent violation, Event of Default, or time or place of performance. Our failure or delay in the enforcement of any provision of this Lease, its written notice requirements, rental due dates, acceleration, liens or other rights, is not a waiver under any circumstance. 33. NOTICES. Any person giving a notice under this Lease should retain a copy of the memo, letter or fax that was given as well as any fax transmittal verification. Fax signatures are binding. All notices must be signed. Notices may not be given by email. All notices and documents may be in English and, at our option, in any language that you read or speak. LIABILITY. Insurance subrogation is waived by all parties. All remedies are cumulative. No employee or agent is personally liable for any of our contractual, statutory, or other obligations merely by virtue of acting on our behalf. This Lease binds subsequent owners. Neither an invalid clause nor the omission of initials on any pages invalidates this Lease. All provisions regarding our non liability and non duty apply to our employees, agents, and management companies. This Lease is subordinate or superior to existing and future recorded mortgages, at lender's option. All Lease obligations must be performed in the county where the Unit is located. MORTGAGEE'S RIGHTS. This Lease and all rights thereunder shall at all times be automatically subordinate and subject to any mortgage, which is now or shall hereafter be placed on Unit or Community. If requested, Resident shall execute promptly any document that may request to specifically implement the subordination of this Lease to any mortgage or other security document. PARENTAL OR SPONSOR'S GUARANTY. Parental or Sponsor Guaranty will remain in effect for the longer of (i) the term of this Lease or (ii) the duration of time Resident occupies any unit at 9 North and as otherwise provided in the Guaranty. Resident understands that we are relying upon your execution of this Lease in making Unit allocation decisions and that it will remove the Unit from its inventory of available Units upon signing. Resident further acknowledges, understands and agrees that he or she has been advised that we will, nonetheless, require that a binding Parental or Sponsor Guaranty be executed if the Resident cannot prove monthly income according to rental criteria. Resident also understands that a Parental or Sponsor Guaranty must be obtained directly from the parent and sponsor and that we reserve all available rights, both civil and criminal, for any falsification or forgery of such guaranty, the guaranty constituting an essential inducement for the grant of this Lease by us. Notwithstanding the foregoing, the Resident acknowledges, understands and agrees: This Lease is fully binding regardless of failure to submit a Parental or Sponsor Guaranty; We reserve the right to exercise all available remedies for the Resident's failure to provide and to maintain a Parental or Sponsor Guaranty, including, but not limited to, any remedy available herein (without waiver of all other rights, including collection of rent due under this Lease for the Lease Term). 34. PAYMENTS. The payment of all sums due hereunder is an independent covenant. At our option and without notice, we may apply money received first to any of your unpaid obligations, then to current rent regardless of notations on checks or MoneyGrams and regardless of when the obligations arose. All sums other than rent are due upon our demand. After the due date, we do not have to accept the rent or any other payments. 35. SECURITY GUIDELINES. We care about your safety and that of other occupants and guests. No security system is failsafe. Even the best system cannot prevent crime. Always act as if security systems don't exist since they are subject to malfunction, tampering, and human error. We disclaim any express or implied warranties of security. The best safety measures are the ones you perform as a matter of common sense and habit. Inform all other occupants in your apartment, including any children you may have, about these guidelines. We recommend that all residents and occupants use common sense and follow crime prevention tips, such as those listed below: In case of emergency, call 911. Always report emergencies to authorities first and then contact Landlord. Report any suspicious activity to the police first, and then follow up with a written notice to us. Know your neighbors. Watching out for each other is one of the best defenses against crime. Always be aware of your surroundings and avoid areas that are not well traveled or well lit. Keep your keys handy at all times when walking to your car or home. Do not go inside if you arrive home and find your door open. Call the police from another location and ask them to meet you before entering. Make sure door locks, window latches and sliding glass doors are property secured at all times. Use the keyless deadbolt in your unit when you are at home. Do not put your name or address on your key ring or hide extra keys in obvious places, like under a flower pot. If you lose a key or have concerns about key safety, we will rekey your locks at your expense, in accordance with this Lease. Check the door viewer before answering the door. Don't open the door if you don't know the person or have any doubts. Children should never let anyone inside when home without an adult. Regularly check your security devices and smoke detector to make sure they are working property. Smoke detector batteries should be tested monthly and replaced at least twice a year. Immediately report in writing (dated and signed) to us any needed repairs of security devices, doors, windows, smoke detectors, as well as any other malfunctioning safety devices on the property, such as broken access gates, burned out exterior lights, etc. If your doors or windows are not secure due to a malfunction or break in, stay with a friend or neighbor until the problem is fixed. When you leave home, make sure someone knows where you're going and when you plan to be back. Leaving a radio or TV playing softly while you're gone can deter burglary or theft. Close curtains, blinds and window shades at night. While gone for an extended period, secure your home and use lamp timers. Also stop all deliveries (such as newspaper and mail) or have these items picked up daily by a friend. Know at least two exit routes from your home, if possible. Don't give entry keys, codes, or gate access cards to anyone. Always lock the doors on your car, even while driving. Take the keys and remove or hide any valuables. Park your vehicle in a well lit area. Check the backseat before getting into your car. Be careful stopping at gas stations or automatic-teller machines at night or anytime when you suspect danger. There are many other crime prevention tips readily available from police departments and others. WHEN MOVING OUT 36. MOVE OUT PROCEDURES. The move out date cannot be changed unless agreed to in writing. You will not move out before the Lease Term or any renewal period ends unless all rent and other sums due for the entire Lease Term or renewal period is paid in full. Early move out may result in reletting charges and acceleration of future rent. 37. REMOVING PROPERTY FROM UNIT. If you abandon any property within the Unit, whether after expiration and termination of the Lease or by abandonment of the Unit, Landlord may dispose of such property as Landlord sees fit, in its sole discretion, including throwing such property away or storing the property in a storage unit. Landlord may charge you all reasonable costs of disposing of the property, moving the property to the unit, storage of the property, and any additional administrative costs incurred ready the Unit for a new tenant. For the purposes of this Section 37, abandonment shall occur when a reasonable person would conclude the Resident has vacated the Leased Premises and has surrendered possession of his or her personal property in the Unit. If you are in default of this Lease, Landlord may obtain an order of possession of the Unit and the property contained in the Unit. If you fail to remove the property before any date contained in the order, Landlord may store the property in a storage unit or turn it over to a warehouseman. If you do not claim such property within 90 days, Landlord may dispose of such property by selling it or otherwise. You will be responsible for all fees and expenses related to moving, storing, selling the property, including incidental costs and administrative fees incurred by Landlord or a warehouseman. 38. CLEANING. You must thoroughly clean the Unit, including doors, windows, furniture, bathrooms, kitchen appliances, patios, balconies, garages, carports, and storage rooms. You must follow move out cleaning instructions if they have been provided. If you don't clean adequately, you'll be liable for reasonable cleaning charges, including charges for cleaning carpets, draperies, furniture, walls, etc. that are soiled beyond normal wear (that is, wear or soiling that occurs without negligence, carelessness, accident or abuse). 39. MOVE OUT INSPECTION. You must meet with our representative for a move out inspection. Our representative has no authority to bind or limit us regarding deductions for repairs, damages, or charges. Any statements or estimates by us or our representative are subject to our correction, modification, or disapproval before final refunding or accounting. 40. EMERGENCY ACCESS. If we believe an "Emergency Situation" exists such that you have died, are seriously ill, missing, or incarcerated (any one or all these events shall be referred to as "Emergency Situation") we MAY, at our option, but are not required to do so, permit any or all of the following person(s) to enter your dwelling and remove all or some of your personal property, as well as your property in the mailbox, storerooms, common areas, and your vehicle(s): Address: You acknowledge we may require certain documentation from the above individual(s), including but not limited to: affidavit(s), court order(s), proof of the Emergency Situation, and/or indemnification agreements as well as proof of identification of the above individual(s). In the event we erroneously permit access to the above individual(s) when there was no Emergency Situation, you agree to release us from any and all liability for permitting access by one of the above individuals, including for our own negligence. You agree to promptly reimburse us for our legal fees and court costs associated with handling any Emergency Situation. 41. ABANDONMENT. You have abandoned the Leased Premises when all of the following have occurred: (1) you appears to have moved out of the Bedroom in our reasonable judgment; (2) clothes, furniture, and personal belongings have been substantially removed from the Bedroom in our reasonable judgment; (3) you've been in default for non payment of rent for 5 consecutive days; and (4) you've not responded for 2 days to our notice left on the inside of the main entry door, stating that we consider, the Bedroom abandoned. 43. HOLDOVER. If you still occupy the Unit past the Expiration Date, the date contained in your move-out notice, or the date on which we notify you to leave the Unit, then you owe us each month double the amount of rent due and payable for the month prior to expiration of this Lease for each month that you stay in the Unit (payable daily in advance without notice or demand) plus, all of our damages and damages of the person who could not move in because of your holdover.
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