SAND CREEK ESTATES LOT LEASE AGREEMENT DESCRIPTION OF PARTIES AND PROPERTY LEASED

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1 SAND CREEK ESTATES LOT LEASE AGREEMENT SECTION ONE DESCRIPTION OF PARTIES AND PROPERTY LEASED SCC Holdings ND I, LP, dba Sand Creek Estates of City of Williston, State of North Dakota, addressed as Lessor in this lease agreement, leases to: (name of Lessee), of (address of Lessee), City of, State of, addressed as Lessee in this lease agreement, and Lessee rents from Lessor, the following described property in Sand Creek Estates: Lot # Street Address of Lot SECTION TWO TERM OF LEASE The term of this lease shall be 12 months, such term to commence on (date), and to terminate on (date), unless otherwise terminated as provided in this lease. SECTION THREE RENT In consideration for the leasing of the above-described property, lessee agrees to pay to lessor as rent for such property the sum of Dollars ($ ) per month, the first payment of which rent is payable on or before the commencement date above, and each subsequent payment of which is payable on or before the 1st day of each month thereafter, during the entire term of the lease. Such payments shall be made at lessors address as set out in Section Eleven of this lease. Any rent payment received after the 5 th of each month will be subject to a $25 late payment fee. Any rent payment received after the 15 th of each month will be subject to a $65 late payment fee. Lessee shall pay for all rents during the term of the lease. If the Lessee vacates before the expiration of the lease term, in addition to any lost rent for the term, the Lessee shall pay to the Lessor a $250 re-rental fee. A security deposit is equal to the monthly 1

2 rent amount and payable with the first month s rent prior to occupying the property. The deposit cannot be used for the last month s rent. SECTION FOUR MAINTENANCE AND REPAIR Lessee shall exercise due care in the use and maintenance of the leased property, keeping it in good repair and in a condition equivalent in all respects to that in which it was received by Lessee, normal wear and tear excepted. SECTION FIVE ASSIGNMENT OR SUBLEASE Lessee shall not assign this lease nor sublet the leased property unless the written consent of Lessor to such assignment or sublease is first obtained. SECTION SIX DEFAULT If Lessee fails to pay rent, pay rent late and/or violate a material term of this lease agreement and/or default under any provision of this lease agreement, Lessor may give Lessee a 3-days Notice to Quit/Intention of Eviction. If Lessee fails to pay rent or correct the default in this time period, Lessee will quit and surrender the premises. If Lessee does not surrender the premises, Lessee shall pay all court costs, attorneys, fees, a re-rental fee of $250, all rents due, and other costs incurred by Lessor in enforcing its rights by legal action under this lease or under any applicable city or state law. Lessor has a lien for accrued rents, storage, and removal relating to any mobile or manufactured home left on the lot after the Lessee has vacated the premises after an eviction or the expiration of the lease term. Lessor may retain possession of the home subject to the lien until the amount due is paid. The Lessor may sell the home 30 days after mailing notice of the lien to the owner of the home and any secured parties of record. SECTION SEVEN INSPECTION BY LESSOR / RIGHT TO ENTRY Lessor shall have the right to enter the leased property for the purpose of inspecting the property. Lessee releases Lessor from any liability resulting from responsible entry. 2

3 SECTION EIGHT RETURN OF PROPERTY On expiration or earlier termination of this lease, Lessee shall return the leased property to Lessor in good repair, ordinary wear and tear resulting from proper use of the property excepted. Prior to moving the home a $1,000 cash damage deposit must be paid to Lessor to cover potential damages to services, lot, curbs and roads. Once the home is removed the Lessee must contact the Lessor for an inspection of the property. If no damage, the deposit will be returned, if damage has occurred, the repair will be completed, with costs of repair paid from the deposit and balance returned to the Lessee. SECTION NINE INDEMNITY Lessee shall indemnify Lessor against, and hold Lessor harmless from, all claims, actions, proceedings, damages, and liabilities, including attorney fees, arising from Lessee s possession, use, and return of the leased property. SECTION TEN APPLICABLE LAW This lease agreement and the construction of this lease agreement are governed by the laws of the State of North Dakota. SECTION ELEVEN NOTICES Any notices to be given under this lease shall be given by mailing the notices to Lessor at SCC Holdings ND I, LP dba SANDCREEK ESTATES, RD STREET WEST, City of WILLISTON State of NORTH DAKOTA, and to Lessee at: (address), City of State of. SECTION TWELVE SPECIAL TERMS Manufactured or mobile homes must be properly installed in accordance with either state standards or the manufacturer s instructions. Lessee hereby acknowledges having received a 3

4 copy of this lease agreement, a copy of Sand Creek Estates Rules and Regulations, and a copy of North Dakota Century Code Chapter concerning Mobile Home Parks. Any violation of the Sand Creek Estates Rules and Regulations shall constitute a violation of a material term of this lease. This lease agreement constitutes the entire agreement between the parties. 4

5 SECTION THIRTEEN SUCCESSORS AND ASSIGNS The provisions of this Lease shall extend to and be binding upon Lessee and Lessor and their respective legal representatives, successors, and assigns. Dated: Signature-LESSEE Signature-LESSEE Signature-LESSOR 5

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