FILED: NASSAU COUNTY CLERK 06/06/ :01 AM INDEX NO /2015 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 06/06/2018

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1 PLAINTIFPS. EXHIBITNO. 3 FOR CATION 3 C / T RENTAL AGREEMENT ATE: Hawaii Association of REALTORS Standard Form Revised 6/06 (NC) For Release 5/10 COPYRIGHT AND TRADEMARK NOTICE: This copyrighted Hawali Association of REALTORS Standard Form is licensed for use by the real estate industry and the general public on condition that there shall be no alteration of the printed portions, pagination, or paragraph numbers or breaks. The use of this form is not intended to identify the presenter of this form as a REALTOR. REALTOR is a registered collective membership mark which may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. Reviewed by: Principal Broker/Broker-in-Charge LANDLORD may not discriminate due to RACE, SEX, INCLUDING GENDER IDENTITY OR EXPRESSION, SEXUAL ORIENTATION, COLOR, RELIGION, MARITAL STATUS, FAMILIAL STATUS, ANCESTRY, DISABILITY, AGE, OR HUMAN IMMUNODEFICIENCY VIRUS INFECTION. LANDLORD means the Owner or Owner's Agent, one of which must reside on the island where the Unit is located. UNIT means the place TENANT is renting from LANDLORD. As used in this Rental Agreement, the term "day" shall mean a calendar day and the phrase 'business day" shall mean Monday through Friday, not including a holiday as designated In Section 8-1 of the Hawaii Revised Statutes. THIS IS A LEGALLY BINDING CONTRACT. READ IT CAREFULLY. HANDWRITTEN OR TYPED PROVISIONS HEREIN SHALL SUPERSEDE ANY PRINTED PROVISIONS IF THERE IS A CONFLICT. FILL IN ALL BLANKS. WRITE "NA" IF NOT APPLICABLE. SECTIONS AND PARAGRAPHS WITH CHECK-OFF BOXES ARE OPTIONAL; ALL OTHERS ARE STANDARD PROVISIONS. 1. DATE: August J.. _, 2012 Property Reference or Address: Maulakua Place, Halelwa, Hawall DESCRIPTION: Tax Map Key: Div. 1 / Zone 5 / Sec. 9 / Plat 23 / Parcel TENANTS: Name (print) Phone Sidra Saucedo ardis saynedo@hotmall corn Mailing Address: Maulakua Place, Halelwa, Hawall The following persons shall be permitted to occupy the property along with the Tenant: as provided in the "Ancillary Documents" (as defined below). 3. ALL TENANTS RESPONSIBLE: By signing this Rental Agreement, TENANT agrees to pay the expenses for which she is responsible as set forth in the Ancillary Documents and to comply with the terms of this Rental Agreement. Each TENANT is also responsible for other TENANTS and guests and must make sure they comply with the terms of this Rental Agreement. 4. NO SUBLEASING OR ADDITIONAL TENANTS: No additional TENANTS, subleasing, or assignment of the Rental Agreement will be allowed without the prior written consent of LANDLORD. 5. OCCUPANCY: This Rental Agreement will begin on or about the closing date of the purchase by the Landlord of the property and will be a: Check all that apply O Fixed Rental Agreement which, unless otherwise agreed to in writing, will end on Rental Extension: This Fixed Rental Agreement will automatically convert to a Month-to-Month Rental Agreement, unless TENANT receives written notice from LANDLORD thirty (30) days prior to the end of the Rental Agreement. I Month-to-Month Rental Agreement. If TENANT is on a Month-to-Month Rental Agreement, TENANT must give written notice at least twenty-eight (28) days in advance to terminate and TENANT must pay rent for the twenty-eight (28) days. LANDLORD must give TENANT written notice at least forty-five (45) days in advance to terminate. TENANT may move at any time during the last forty-five (45) days and shall notify LANDLORD of TENANT'S vacate date and pay a prorated rent for the time TENANT occupies the Unlt. If the Unit Is to be torn down, converted to a condominium, or changed to a vacation rental, LANDLORD must give TENANT written notice at least one hundred twenty (120) days in advance to terminate. TENANT may move at any time during the last one hundred twenty (120) days and shall notify LANDLORD of TENANT'S vacate date and pay a prorated rent for the time TENANT occupies the Unit. X Other: Life estate for the life of the tenant, subject to early termination as set forth herein and in the Ancillary Documents. TENANT'S Rental Agreement may be ended e ' r if TENANT does not comply with this Rental Agreement or the Ancillary Documents 6. RENT: T rent is set forth In he Anci ocuments. { :5}Page 1 of 6,j TENANT'S IAL ATE LANDLORD'S INITIALS 8 DATE,J~ ~ i.af~

2 7. )ntentionally omitted. 8. Intentionally omitted. 9. UTILITIES AND SERVICES: If they are checked, TENANT must take care of and arrange and pay for the following items from the date TENANTS occupancy starts until It ends: X Cesspool/Septic pumping X Pool Service X Telephone (basic) X TV cable (additional) X Electricity X Refuse X Telephone (additional) X Water X Gas X Sewer X TV cable (basic) X Yard Service X Other: Tenant Is responsible for arranging and paying for all utilities and services, as further set forth in the Ancillary Documents.! 10. KEYS, CARDS AND LOCKS: LANDLORD is giving TENANT the unit entry keys, security keys, key fobs, parking cards, garage door openers, locks, mall box keys, etc. listed below. Landlord may retain copies of keys but will not enter the property except as set forth in paragraph 16(P). If Tenant channes any locks or other access, then Tenant will promptly alve to Landlord a copy of a Itev or other mearts.of access to ensure that Landlord always has a means of access. Item: Number Given To TENANT: Item Number Given To TENANT: 11. SPECIAL TERMS: (Please Number) a, Reference is made to (1) that certain Stipulation dated January 10, 2012 between the Landlord and the Tenant In resolution of that certain litigation entitled In the Matter of a Custody / Visitation Proceeding, Steven B. Schonfeld, Petitioner, against Sidra Saucedo, Respondent, In the Family Court of the State of New York, County of Nassau, Docket Number V /10A (the "Litigation") and (ii) that certain Order entered on February 29, 2012 by Hon. Documents" Stacy D. Bennett, J.F.C. In connection with the Litigation (collectively, the "Ancillary Documents"). b. The terms and conditions set forth in the Ancillary Documents are hereby Incorporated herein and made a part hereof. This Rental Agreement along with the Ancillary Documents constitute the entire agreement of the parties hereto with respect to the subject matter addressed herein. All references to the "house" in the Ancillary Documents shall be deemed to be references to the property set forth and described In Section 1 of this Rental Agreement. c. Due diligence investigations of the property indicate that (1) the cottage was built without a building permit having been Issued by the City and County of Honolulu, (2) the use of the cottage as a second dwelling unit may be In violation of the applicable zoning for the property, and (3) the use of the cottage as a second single-family may violate certain restrictions affecting the property contained in that certain conveyance dated January 22, 1975 recorded in the Bureau of Conveyances of the State of Hawaii in Liber 10401, Page 152. These issues may require, among other things, that the cottage be removed from the property and/or demolished and that any use of the cottage as a single-family dwelling be immediately terminated. In addition, the main house, the cottage and other Improvements on the property may contain mold, the exact extent to which it must be remediated is unknown at this time. Tenant acknowledges and agrees that she has been made aware of these conditions, accepts the property In Its "as ls, where is" condition, including such.conditions and the possible consequences that arise from the conditions, assumes all risk of the conditions, agrees to pay all fees, costs and expenses arising from or in connection with the removal or demolition of the cottage, any fines assessed by the City and County of Honolulu as a result of the cottage being in violation of building permit or zoning codes or ordinances and any attorneys fees, costs and expenses incurred by Landlord arising from or in connection with any of the foregoing, and hereby forever releases Landlord and his heirs from a y liability whatsoever with respect to the conditions except as may be otherwise provided In the Ancillary uments. In the event the Tenant, at her own cost and expense or as part of the renovation and capital im ment budget set forth in the Ancillary Documents, causes the cottage to be in compliance with all appli ws, rules and regulations, including those set forth In Section 11(c)(1), (2) and (3) or deci o re e or emolish the cottage, then the Landlord will thereafter assume responsibility for structural ( :5}Page 2 of 6 TENA I & DATE LANDLORD'S INITIALS tt DATE

3 repairs to the cottage in accordance with the terms and conditions set forth in the Ancillary Documents (except to the extent such structural repairs result from the circumstances described in Section11(c)(1), (2) or (3) or a violation of building permit or zoning codes or ordinances). d. The Landlord and Tenant acknowledge and agree that any dispute regarding the terms and conditions of this Rental Agreement, and the enforcement of the terms of this Rental Agreement, shall be submitted to the exclusive Jurisdiction of the Supreme Court of the State of New York, County of Nassau, and each party herein agrees to submit to such Jurisdiction. The parties further acknowledge their understanding that any judgment or order of the Supreme Court of the State of New York, County of Nassau regarding this Rental Agreement shall be entitled to full faith and credit in the State of Hawaii. In the event that for any reason the Supreme Court of the State of New York, County of Nassau declines to exercise jurisdiction over a dispute concerning this Rental Agreement, the controversy shall be submitted to such other court of the State of New York, County of Nassau that adjudicates landlord/tenant disputes, and such judgment or order of that court will also be entitled to full faith and credit In the State of Hawall. e. The parties agree that the terms and conditions of this Rental Agreement shall be deemed incorporated by reference into the Stlpulation dated January 10, 2012 and referenced in subdivision "a" of this Special Terms section of this Rental Agreement. 12. RECElPT BY TENANT: Receipt of the following, if checked, is acknowledged by TENANT: X Falr Housing Information X Lead-Based Paint Pamphlet X Other: Ancillary Documents 13. ADDENDA: The following, if checked, are attached to and made a part of this Rental Agreement: O Lead-Based Paint Addendum 0 Pet Addendum O Other: O Property Condition Form 0 Vacating Instructions 0 Other: 14. DISCLOSURE OF REAL ESTATE LICENSING STATUS: Hawali law requires that licensees disclose that they hold a real estate license In any transaction in which they, as a principal, are renting or offering to rent real property, or in which they are renting or offering to rent for themselves, immediate relatives, or an entity In which they have an interest. If applicable, the licensee(s) in this transaction disclose the following: 15. NATIONAL ASSOCIATION OF REALTORS (NAR) MEMBERSHIP: Check all that apply: powner p Property Manager/Brokerage Firm Q TENANT hold(s) membership in the NAR and subscribe(s) to its Code of Ethics. 16. STANDARD TERMS: A. Intentionally omitted. B. AGENCY: Property Manager/Rental Agent represents LANDLORD/OWNER. Property Manager/Rental Agent does not represent TENANT. C ASRESTOS DISCLOSURE: TENANT is aware that asbestos materials are hazardous to one's health, particularly if asbestos fibers are released into the air and inhaled. In the past (before 1979, but possibly since) asbestos was a commonly used insulation material In heating facilities and in certain types of floor and ceiling materials, shingles, plaster products, cement, and other building materials. TENANT is aware that TENANT should make appropriate inquiry into the possible existence of asbestos in the Unit. Structures having "popcorn" or "cottage cheese" type ceilings may contain asbestos fibers or asbestos-containing material. Such ceilings should not be disturbed since it could release asbestos fibers in the air. Any disturbance should be done only by licensed abatement contractors. D. CHECK THE RESIDENTIAL LANDLORD-TENANT CODE CODE" ("THE CODE"): The Code is Chapter 521 of the Hawaii Revised Statutes. Both LANDLORD and TENANT should check the Code to learn what duties, rights and remedies they have in addition to what is contained In this Rental Agreement. E. CONFLICT W1TH THE CODE AND OTHER LAWS: if It is found that any part of this Rental Agreement or its terms conflict with the Code or any other Federal, State or County laws governing LANDLORD-TENANT relations, public health and safety, etc., then those laws will control; however, all other terms and conditions will still be valid and must be obeyed. ' F. Intentionally ' omitted. G. HAZARDOUS WASTE AND TO IC TANCES DISCLOSURE: TENANT shall have liability for hazardous substances which TENANT causes t u the Unit. { :5}Page 3 of 6 LANDLORD'S 9 fo 13 INITIALS & DATE

4 H. Intentionally omitted. l. Intentionally omitted. J. LANDLORD'S RESPONSIBILITIES: I.ANDLORD will give TENANT the right to occupy the Unit in its accepted condition on TENANT'S date of occupancy. Any services/appliances supplied by LANDLORD, LANDLORD will maintain. LANDLORD will not be liable for any Interruption in these services/appliances which are beyond LANDLORD'S control. TENANT may not end this Rental Agreement because services/appliances are interrupted. K. Intentionally omitted. L. MOLD DISCLOSURE: TENANT is aware that mold and/or other microscopic organisms may exist on the Unit. Molds are simple, microscopic organisms, present everywhere. Mold spores may cause health problems. Mold will grow and multiply whenever sufficient moisture, temperature, and organic material are present. LANDLORD is not qualified to inspect the Unit for mold or to make recommendations or determinations concerning possible health or safety Issues. M. Intentionally Omitted. N. Intentionally omitted. 0. Intentionally omitted. P. RIGHT TO ENTER: LANDLORD will give TENANT at least five (5) days' notice before Landlord or Its designee enters the Unit to inspect the Unit or the property, and will enter only with Tenant's consent and during reasonable hours, except in case of emergency. All entries (other than In an emergency) by Landlord or its designee require Tenant's written (which may include via or text) consent, whether to: make needed or agreed repairs; decorate, change or improve the Unit; supply services as agreed; and show it to anyone who may want to buy, rent, or lend money on it. LANDLORD will not abuse this right or use it to harass TENANT. TENANT shall not unreasonably withhold TENANT'S consent and shall not withhold consent for Landlord or its designee to inspect the property and the Unit at least once per calendar month. LANDLORD has no other right of entry, except by court order, or If TENANT has abandoned the Unit. If TENANT fails to respond to LANDLORD's request for consent to enter the property under this section within 48 hours after such request, then TENANT shall be deemed to have consented to such request and LANDLORD may enter the property but only on the day he requested. Q. SERVICE OF NOTICES: If LANDLORD has to give any notice to TENANT, LANDLORD may do so by mailing or ing it to Tenant at the mailing or address set forth in Section 2. R. SEX OFFENDER REGISTRATION ('Megan's Law"): Hawall has enacted a law requiring sex offenders to register with the Attorney General's office. LANDLORD makes no representations as to whether or not the public has access to this information. Neither LANDLORD, nor any real estate agent is required to obtain information regarding sex offenders. S. TENANT'S RESPONSIBILITIES: 1. Alterations: TENANT may make modifications to the Unit subject to the terms and conditions set forth In the Ancillary Documents. Tenant may make modifications to the Unit not set forth In the Ancillary Documents subject to Landlord's prior written consent, which shall not be unreasonably withheld. All modifications shall be made In accordance with all applicable laws, rules and regulations by licensed contractors. 2. Compliance with Rules: TENANT agrees to comply with all rules that apply to the Unit and to TENANTS use of the Unit including, but not limited to: (a) by-laws and other rules; (b) any federal, state, or county laws; and (c) any other restrictions. 3. Intentionally omitted. 4. Insurance: TENANT underslands that LANDLORD'S insurance does not cover TENANT'S belongings or damage that TENANT causes. TENANT agrees that LANDLORD is not responsible for any loss or damage during the term of the Rental Agreement. TENANT agrees to carry insurance covering all of TENANTS property located In the Unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause. 5. Maintenance: TENANT agrees to maintain and properly use and operate all electrical, gas, plumbing and other fixtures and appliances supplied, subject to and in accordance with the Ancillary Documents. TENANT is responsible for ordinary maintenance including replacing light bulbs, air conditioning filters, batteries for smoke/heat/motion detectors and other items, and if applicable, lawn/yard care, subject to in accordance with the Ancillary Documents. TENANT is responsible for the repair of any stoppage in plumbing fixtures or lines, and any damage caused by TENANT, members of TENANTS family, guests or others, subject to and In accordance with the Ancillary Documents. 6. Intentionally omitted. 7, Notice of Defects: If TENANT notices any defects in the Unit which are NOT TENANT'S duty to fix, TENANT must tell LANDLORD promptly. Any damage caused by TENANT'S failure to report any defect is TENANT'S responsibility. 8. Pets: Tenant may keep a pet under the following terms and conditions: a. The pe wit e un e complete control of a responsible human companion :5}Page 4 of 6 T IALS & DATE LANDLORD'S INITIALS 8 DATE J l4'/q

5 b. Any damage to the property (including, but not limited to, the exterior, interior, grounds, flooring, walls, trim, finish, tiles, carpeting, etc.) caused by a pet will be the full responsibility of the Tenant and Tenant shall pay all costs and expenses caused by such damage, including the cost and expense to replace any item that cannot be repaired. c. Tenant shall use reasonable efforts to keep the property free of fleas, ticks and other pests. d. Tenant shall Indemnify, hold harmless and defend Landlord and Landlord's agents against all liability, judgments, expenses (including attorney's fees) and claims by third parties for any injury to any person or damage to any property of any kind whatsoever caused by the Tenant's pets. 9. Residential Use Only: TENANT may use the Unit only as a place to live. TENANT may not use the Unit for any unlawful, Improper, or offensive purpose, or Illegal activity, T. WHAT THE LANDLORD CAN DO IF TENANT DOES NOT KEEP TO THIS RENTAL AGREEMENT: I 1. Intentionally omitted. 2. Failure to Comply with the Rules. If TENANT falls to comply with any of the terms of the Rental Agreement, including damaging the Unit or violating any of the laws or other restrictions, LANDLORD will give TENANT written notice of the violation. If the damage is not repaired or the violation Is not corrected within the time specified (NOT MORE THAN FORTY-FIVE (45) DAYS) from receipt of such notice, LANDLORD may correct It and charge the cost to Tenant and terminate the Rental Agreement. Notice is hereby given that TENANT is responsible for paying any fines, penalties, or other assessments charged by any government agency, homeowner's associations, and/or condominium association because of TENANT'S failure to comply with any of the terms of the Rental Agreement. 3. Illegal Activity. LANDLORD may terminate the Rental Agreement Immediately if there Is any illegal use of the Unit. TENANT understands that reasonable attorneys' fees and costs may be awarded to the prevailing party. U. RENTAL HISTORY: TENANT gives LANDLORD permission to provide rental history to Tenant's other prospective Landlords only with Tenant's written consent. V. MEMORANDUM OF LEASE. Either party may file or record a short form or memorandum of this Rental Agreement with the State of Hawaii Bureau of Conveyances and / or the Land Court of the State of Hawaii, as applicable, In such form and substance as the parties agree. If Landlord falls to execute and deliver the aforementioned notice of termination of this Rental Agreement to Tenant within five (5) days after a request therefore from Tenant, then Tenant Is hereby appointed as Landlord's attomey-in-fact, with the full right, power and authority to execute the same for and on behalf of Landlord with the same binding effect as if Landlord had executed the same himself. The foregoing appointment is a limited power of attorney, coupled with an interest, for the specific circumstances set forth herein. Upon termination of this Rental Agreement, the parties shall prepare and record and / or file, as applicable, a notice of termination of this Rental Agreement, in such form and substance as the parties agree. The parties agree to cooperate with each other and to take such other or further actions, and execute such additional instruments, as may be necessary or desirable to effectuate this paragraph. Any and all recording or filing fees, and all conveyance taxes, if any, shall be paid by the Landlord and Tenant. If Tenant falls to execute and deliver the aforementioned notice of termination of this Rental Agreement to Landlord within five (5) days after a request therefore from Landlord, then Landlord is hereby appointed as Tenant's attomey-in-fact, with the full right, power and authority to execute the same for and on behalf of Tenant with the same binding effect as if Tenant had executed the same herself. The foregoing appointment Is a limited power of attorney, coupled with an interest, for the specific circumstances set forth herein. NOTE: THERE IS NO WARRANTY ON PLAIN LANGUAGE. An effort has been made to put this agreement into plain language. But there is no promise that it is In plain language. In legal terms, THERE IS NO WARRANTY, EXPRESSED OR IMPLlED, THAT THIS AGREEMENT COMPLIES WITH CHAPTER 487A OF THE HAWAll REVISED STATUTES, AS AMENDED. ThIs means that the Hawall Association of REALTORS Is not liable to any Landlord, or other person who uses this form for any damages or penalty because of any violation of Chapter 487A. People are cautioned to see their own attorneys about Chapter 487A (and other laws that may apply). ACCEPTANCE OF RENTAL AGREEMENT. T (S) S GNATURES: Ì Û 16 Sidra Saucedo a Sign re Name (print or type) LANDLORD'S { :5}Page 5 of 6 S0 l7 INITIALS & DATE

6 LANDLORD(S) SIGNATURES AND INFORMATION: LANDLORD (Owner or Owner's Agent) must reside o the I and where the Unit is located, 2- Steven Schonfeld Dal Sig u Name (print or type) Date Sidnature Name (print or type) Brokerage Firm: Address Telephone Emergency Phone# RECElPT: The sum off In the form of has been received from TENANT, and Is to be applied as follows: Date: Received by: { :5}Page 6 of 6. C' LANDLORD'S INITIALS 6 DATE to l3.