TUSCARORA VILLAGE MHP, LLC. Community Guidelines

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1 TUSCARORA VILLAGE MHP, LLC Community Guidelines Dear Resident: Welcome to your new home! These community guidelines have been written for your convenience and benefit. They have been designed to allow you to enjoy a quality lifestyle in your community. Their purpose is to provide the necessary guidelines and direction which are so important in any community where consistently enforced guidelines always result in a better quality of life and a higher resale value should you decide to sell your home. Understanding these rules and their effect on all of us is a major prerequisite for living in our community. Please read them carefully and ask your resident manager any specific questions about their meaning. There is a reason for each of these guidelines, and we would be happy to clarify any of these for you. 1. COMMUNITY GUIDELINES A. Management has the right to approve or reject any application for residency in the community. We will not discriminate for reasons of race, creed or color. A review of your application when buying a new home may include, but is not limited to, a credit check, verification of employment, and previous landlord references. Criminal and credit background checks will also be processed on all prospective residents, including those occurring after the initial move in date. The charge for this application is $25.00 per person. B. Management has the right to approve or reject a home if its size and appearance do not meet our standards. C. Homes must be placed on each lot in a uniform manner. Positioning of your home must be approved by the manager. Upon arrival, the community manager will instruct the driver as to the proper position for placement. Movement of homes is permitted only between the

2 hours of 8:00 am and 5:00 pm., Monday through Friday. Residents must check with the management office prior to making any movement of his/her home. A thirty (30) day written notice is required prior to termination of occupancy. The transport company must check with the management office upon arrival at the community. Homes shall be attractively maintained by the residents and will comply with all applicable laws, ordinances and regulations for the community. Skirting is required to be installed on every home within 30 days after move-in. Skirting must not display any deterioration and must enclose the area between the home and the ground. Prior to acceptance into the community, arrangements for proper skirting and anchoring must be made and verified by management. Skirting must be designed and manufactured for manufactured homes and must be made of non-combustible material, such as vinyl or aluminum. If homes are installed with block skirting, that surface must be coated with block bond, and maintained accordingly. Wood, particleboard, fiberglass, and/or unpainted sheet metal are not permitted. Management must approve all skirting materials. If the skirting is replaced on existing homes, the new skirting must also be approved by management. Skirting shall be installed in accordance with the manufacturer s installation instructions. It shall be secured as necessary to ensure stability, to minimize vibrations, to minimize susceptibility to wind damage, and to compensate for possible frost heave. All homes shall be anchored in accordance with the code of the Town, State and/or County. Hitches must be removed when possible; if not removed, they must be attractively screened. All homes should be properly numbered with at least 4-inch numbers that are visible from the street at night. E. Both entrances must have steps of pre-cast concrete, factory type wood or metal construction. Concrete block steps are unsafe and are not permitted. Temporary steps are permitted for a period of 30 days only. F. Steps, Handrails, Porches, Decks, Windbreaks or Other Additions: All must be constructed in accordance with applicable local building codes. Prior to construction, the homeowner must consult with management and must receive written approval from management of the design, color, materials and location of said construction. Existing steps, handrails, porches, decks, windbreaks or other additions to the home and exterior structure and storage sheds must not be in a deteriorated state of condition, must be properly constructed and safe for all proper purposes, and be properly anchored. G. Fences are discouraged, but may be permitted with approval by management. H. All storage sheds must be properly anchored. This is the responsibility of the resident. Any damage caused to or by storage sheds will be the sole responsibility of the resident. Storage sheds may not exceed 10 x 12 feet, must be painted or stained, and their height may not exceed that of the home on the same lot. Only one storage shed is permitted on each lot. In no case may particle board, chip board, tar paper or plastic be used as an exterior finish or cover to any home or accessory structure. Metal sheds are not acceptable. Texture III is acceptable, as is vinyl siding.

3 I. No construction company or home repair company may perform any service within the community unless they have reported to the resident manager for clearance. Management will require all contractors, repair, and maintenance or landscape personnel to have proper liability insurance coverage for the purpose of protecting the residents and property of the community. J. In the interest of beautifying the community, residents are encouraged to add additional shrubs and plants. Plants, trees and shrubs become the property of the community when planted and may not be removed from the premises without management approval. Management must approve planting additional greenery due to the fact that there are utilities underground and digging could result in serious injury to the resident. K. Window type air-conditioning and/or heating units are allowed only with approval from the manager. Support brackets for these units, if allowed, are to be made of metal and the installation must be approved by management. L. Umbrella type, removable clotheslines will be permitted in the community at a location approved in writing by the management. Clotheslines must be dismantled and removed when not in use and clothes will not be allowed to hang on the line for a time period longer than required for drying. Hanging clothes on outside light fixtures, doorjambs, eaves, from awnings, draping over railings or from exterior of mobile home is not allowed. M. TV antennas (must not exceed 15 feet in height off the ground), and 18 inch satellite dishes will be allowed. No ham radio type or any other antennas are allowed, including satellite dishes over 18 inches. N. Before painting your home, deck, or shed, the color must be approved by the management, as this would also affect the neighboring property values. O. Swimming pools, trampolines, jungle gyms, or permanently-attached basketball hoops are not permitted. Kiddie pools, which do not exceed 12 in depth, will be allowed, provided they are emptied when unattended, as per the local town code. 2. RENTAL COLLECTIONS A. Rent is due and payable on the first (1st) day of each month. Rent must be mailed to Tuscarora Village MHP, LLC, 642 Kreag Road, Suite 302, Pittsford, NY Rent will be considered delinquent if not received by the first (1st) of the month. There will be a 5% late fee charged for all rent received after the tenth (10th) of the month. Checks returned by the bank for any reason will incur an additional thirty-dollar ($30.00) charge. All service expense and charges incurred by the resident shall be deemed additional rent and will be added to the monthly rent bill. Management is not responsible for U.S. Postal Service mail delays. Mail your check early to ensure it is received by the first (1st). B. No refunds will be made for a partial month of occupancy.

4 C. Subletting: NYS Real Property Law Section 2334(t). Anyone wishing to sublet must first get park management s written permission to sublet. Tenant must provide park management with sub-letter s name and address, the terms of the sublease, tenant s new address during the term of the sublease and a copy of the sublease with sub-lessee s signature on it consenting to and acknowledging the sublease. Sub-lessees must be approved by management using the same criteria as the tenant/owner of the home. If park management requires additional information regarding the sub-lessee, management will ask for same within ten (10) days of receipt of request to sub-letter. After park management receives the additional information, management will, within three (3) days, notify tenant of approval or rejection of sub-letter. If sub-lessee is denied, management will state the reasons why in writing. D. At the time you move in, you will be offered a lease of one year or more. Under New York State law, this lease cannot be offered until after each resident has received a copy of the community rules and regulations. Management may terminate your lease with a written 30-day notice for any violation of rules and regulations. E. Sale of Home: NYS Real Property Law Section 233(i). In the event that Tenant wishes to sell his/her home, tenant must give park management thirty (30) days notice in writing of intent to sell. If the home is to remain in the village, Tenant must submit to park management the name of the prospective purchaser(s) so that park management may exercise its right to approve or disapprove of the new tenant. If park management rejects the new tenant, it will do so in writing, stating the reasons why. Owners of homes in Tuscarora Village have the right to sell their homes provided that: 1. the present home owner is current on lot rent due to Tuscarora Village MHP, LLC.; and 2. prospective buyers are fully advised that management must approve their application to lease before the sale of the home is consummated. Home owners may employ the service of any licensed real estate agent to assist in selling the home. Agents planning to offer a home for sale in the community must contact the park office before beginning any sales activity and convey the community guidelines to any and all prospective buyers. For Sale signs are limited to one per home, placed either inside or outside of a window on the front of the home. No signs are allowed to be placed in the yard. Management reserves the right to require upgrading of the home and home site to meet the current standards for the community at the time of the sale.

5 3. GUIDELINES CONCERNING CONDUCT A. Loud parties, excessive volumes of radios, TV s or musical instruments are not allowed. The hours between 10:00 PM and 8:00 AM will be considered quiet hours. Residents will be required to maintain noise at a reasonable level at all times. B. Intoxication, disorderly conduct, profane language, boisterous parties, and loud singing/talking will not be tolerated. All persons causing a disturbance or being a nuisance may be required to vacate the community. Trespassing through another home site or property is prohibited. C. No soliciting, peddling or commercial enterprises will be allowed in the community without written permission. If you are contacted, ask to see their written authorization. If they do not have one, call the community office. No private business operated by a resident is permitted in the community (babysitting/daycare, hairdressing, and other small enterprises that may be operated in one s home). D. Lawn sales and/or garage sales are not permitted in the park unless organized as a community event. 4. PETS A. Management approval is required for all pets at Tuscarora Village, and the manager at his/her sole discretion may revoke approval at any time upon ten days notice. Rottweiler and pit-bull breeds of dog are not allowed. B. Pets must not be allowed to run loose or be tied up outside. Pets must be leashed at all times when out of doors, even when they are taken out of doors to relieve themselves. Under no circumstances is a pet to be out of doors without being leashed and accompanied by its owner. C. Any pet found loose in the community (off the resident s lot) will be picked up and turned over to the proper authorities. The pet owner is responsible for picking up and disposing of all droppings immediately. D. Pets will not be allowed to become a nuisance by persistently barking, howling, whining, growling or by chasing or threatening passers-by either on foot or in a vehicle. In the event of justified complaints, warnings will be issued to the owner. Residents will be required to dispose of the pet or to vacate the premises at management s discretion. E. No doghouses or similar structures, or fenced pet dog runs are permitted without written permission from management. F. No visitor shall bring a pet into the community for any reason. This includes dog sitting for a family member.

6 G. Cats are not permitted to run loose at any time. Cats must be neutered (written veterinarian proof required). H. Keeping a pet for breeding purposes is prohibited; however, in the event of an offspring, management must be notified and written permission obtained for offspring to stay in the community for the nursing period. I. Prior to bringing a pet into the community, all pets must be registered and approved by management. Residents are responsible for compliance with all applicable state, city or county requirements with respect to licensing, vaccinations, health and leash laws. Current copy of rabies certificate must be presented to the park manager. A license tag must be worn by pets at all times when walked on leash outdoors. J. No pet which has displayed a propensity to attack either human beings or other animals without provocation and no pet, which has been determined to be a dangerous pet shall be permitted in the community for any purpose or at any time whatsoever. Any such animal or pet considered an aggressive animal will not be permitted in the community. K. Birds which are of the nature of house pets are allowed; however, no birds, fowl or animals of any kind are to be bred or raised for business purposes. L. Snakes or any type of reptile that is considered dangerous or poisonous are strictly prohibited. M. Outside caged pets and/or farm animals are prohibited. N. In the event that false information is provided of the pets, and in the event the described pet exceeds the pet qualifications at full growth, said pet must be removed from the community. O. Violations of any provisions of this policy will result in a ten (10) day letter being issued requiring the remedy or correction of the deficiency. Failure to correct or remedy the condition within ten (10) days may result in the termination of non-renewal of the rental agreement. 5. VEHICLES A. Residents are allowed to have two vehicles parked at their home site. Fire ordinances require streets to be kept cleared for emergency vehicles. NO ON-STREET PARKING will be allowed without approval from management. Management must approve any extension of parking areas or curbing. Parking on the lawn of any mobile home site is strictly prohibited. B. Only registered vehicles shall be allowed within the community. Residents must register each vehicle with the community office. The resident must remove vehicles without valid

7 current license plates within ten (10) days of the license plate expiration or if the vehicle becomes mechanically inoperable. C. No repairs to cars shall be permitted around the home or in the roadways. Flat tires must be repaired within twenty four (24) hours. Working on vehicles will not be permitted within the community grounds. Any vehicle which drips oil or gasoline shall be repaired by the owner upon notice and the owner will pay for damage caused by such dripping. The damaged area shall be cleaned and/or repaired by the resident. D. The speed limit in the community is 10 miles per hour and must be observed at all times by vehicles, bicycle riders and skaters. Please caution your guests that the speed limit must be observed. It is everyone s responsibility to drive safely. WATCH OUT FOR CHILDREN. E. Motorcycles are permitted in the community; however, they must be licensed and have adequate mufflers or silencers. They shall be used as transportation only on designated roads and shall not be operated in a hazardous manner such as racing, etc. Motorcycles shall be ridden in the community from the entrance to the home site only. Riding motorcycles, minibikes, mopeds, motor scooters, dirt bikes, snowmobiles, three-wheelers, and four-wheelers through the community is prohibited. F. No commercial trucks over 3/4 ton or buses (with the exception of school, Head Start, or special for passenger pick-up of drop-off) will be allowed in the community. Such vehicles requiring entry, including contractors, must have approval from the community manager. G. No toters, semi-trucks, or trailers, construction or farm equipment shall be stored, parked or kept within the community premises without the prior written consent of management. H. Bicycles are allowed on the streets only. They are expressly prohibited from being ridden on sidewalks or through yards. All bicycles, tricycles, and toys shall be kept in neat order at the rear of the home site. If any such items are found on vacant home sites or in the streets, they may be picked up by employees of the community, and unless claimed by their owner within fifteen (15) days, may be disposed of by the management. I. Boats, trailers and/or recreational vehicles CANNOT be stored on any home lot. J. There will be NO CAR WASHING allowed in the community for any reason. 6. TRASH GUIDELINES A. Trash must be kept in plastic bags in a closed watertight metal or plastic container located on the lot and hidden from the street. Please see the Park Manager for trash collection information.

8 B. It is the resident s responsibility to arrange for removing old furniture, boxes or large items, which are too large to be collected by the local trash or garbage company. Dumping is not allowed within the community or any adjoining property. 7. UTILITIES A. Residents shall provide, and be responsible for, the necessary connections to the home for the water, sewer, electricity, or gas provided on each home site. Residents shall be responsible for all permits, deposits, and charges regarding such utilities including telephone, cable television, or other facilities. The community supplies adequate electrical power at the utility box for electrical service for each unit. Should your home require an increased electrical current, you will be responsible for any additional circuit breakers or wiring to the electrical pedestal as well as wiring from the pedestal to the home. B. Residents are responsible for weather proofing utility service connections above ground level (water pipes) and will be held responsible for broken pipes due to freezing. C. The sewer system in this park can process normal sewage, but cannot accept tampons, sanitary napkins, paper towels, disposable diapers, etc. Any sewer line damage caused by unacceptable items in the system shall be the resident s responsibility. 8. GENERAL A. Residents must maintain their yard and landscaping around their yard in a neat and attractive manner. Grass shall be cut and trimmed before it attains six inches in height. Shrubs will be trimmed and maintained on a regular basis. Should the resident fail to properly maintain this area, management will notify the resident. Should management perform the service, a minimum charge of $20.00 will be assessed for each time management must cut the grass. This will be added to the rent payment as additional rent and be due and payable on the first day of the following month. Repeated failure by the resident to maintain his space will be cause for termination of occupancy. B. Parents are held responsible for the behavior of minor children and will receive notification of any misbehavior. Repeated failure to control children will result in termination of occupancy. C. Residents are required to use the type of mailbox specified or provided by management. Location of the mailbox will be specified and approved by management. D. Each home site must be kept neat and clean. No storage of bottles, cans, boxes, appliances, or equipment on the patio or outside the mobile home is allowed. Only acceptable lawn type or outside furniture is allowed to be placed on the patio.

9 E. The use or displays of fireworks, firearms, BB guns, knives or other potentially dangerous devices are not permitted in the community. F. Temporary visitors are permitted as house guests (fourteen days or less). Management reserves the right to restrict the number of visitors at any one time to a reasonable number. G. Management reserves the right to reject visitors who violate community rules, federal, state, or local laws or ordinances. It is the responsibility of each resident to control his/her visitors and insure they abide by all community guidelines. H. Adult residents will be responsible for all visitors to their home site regardless of age, sex, or time of visits. I. Any resident wishing to have their visitor become a permanent resident/roommate must notify management and get written approval. Management does reserve the right to screen and/or reject this request in the same manner in which all applicants are reviewed for tenancy. J. Management may restrict the number of persons who can occupy a given residence determined by what is appropriate for the site of the home. Written approval is required for more than four adult occupants per home, permitted at time of move-in. K. Management reserves the right to access onto all lots at reasonable times for the purpose of inspecting, maintaining and making repairs. L. Any advertising giving the community s address must be cleared with the management. M. Lawn watering is encouraged, but will be restricted to only one hour every other day. At certain times of the year, this may be stopped by management due to weather (drought, excessive rain, etc.). N. The Community Center is for the exclusive use of Tuscarora Village residents and their guests. All persons using the facility do so at their own risk. Tuscarora Village MHP, LLC will not be responsible for any lost or stolen articles, accident, injury or death or other harm arising from the use of this facility. This use is a privilege and not a right. All rules and fees are outlined in the Tuscarora Village Community Center Agreement attached and made part of these community guidelines. This Agreement must be completed each time the use of the Community Center is requested. 9. ENFORCEMENT OF GUIDELINES A. Enforcement of the guidelines is a major part of the Park Manager s duties and obligations to all residents. Ignorance of the guidelines is not acceptable as an excuse for violation. Each resident is entitled to two warnings from the Park Manager for an infraction of any guideline. The first warning may be either a telephone call and/or a form letter to the resident indicating

10 which guideline has been violated. The second, and usually final warning shall be in writing. If the infraction is not corrected or if the violation is repeated, the resident s lease will be terminated for cause. Management is the sole judge of the existence of such action. If at any time, you do not understand or find it difficult to read or understand these guidelines, management shall interpret or read these guidelines to you. B. Any complaints regarding park conditions, infrastructure, health, safety, or a complaint that one resident has with another must be given at the office, in writing. All complaints are held in confidence! Emergencies are at all times to be reported to the site office and park emergency number immediately. Residents are to call 911 for fire or medical emergencies. Park staff cannot respond to medical emergencies. C. Should any or part of these guidelines or provisions of these guidelines be invalid under an ordinance of the Town, State or Federal law, that part which is invalid shall have no affect on the entire guidelines. All other guidelines shall be enforced accordingly. D. These guidelines are only a small part of the lifestyle at Tuscarora Village. They set the tone for mutual respect and understanding of others, which makes our community a good place to live. Our facilities, location and professional management provide a sound basis for happy living. We want you to enjoy living here!

11 Dated: July 25, 2012 Effective: September 1, 2012 Tuscarora Village MHP, LLC 4012 Seneca Parkway Niagara Falls, New York Phone , Fax Tuscarora Village Community Center Agreement Agreement Date Rental Date Rental Time: From To: Agreement With: Name Address Telephone

12 Occasion No. of People Community Center Fees: Total Rental Charge $ Cash/Check Refundable Deposit $ Cash/Check REGULATIONS 1. SCHEDULING: Bookings are to be made and approved as far in advance as possible. A seven (7) day written request is required for all bookings. Management has the right to approve or reject the use of the community center at its discretion. 2. SECURITY DEPOSIT: The security deposit in the amount $ is deposited with Management. It is agreed prior to the scheduled event that the Hall is to be left in the condition in which it is found. After the event, should the Hall be in a condition other than which it was found, charges determined by management will be deducted from the Security Deposit. 3. CANCELLATION POLICY: Management must be notified of any cancellations as soon as possible in order to schedule other events. Rental fees will be refunded if the event will not take place in the future. 4. FINANCIAL RESPONSIBILITY: Renter agrees to assume full financial responsibility for any damages done to the premises or properties by his/her guests. Should it become necessary to obtain legal assistance to collect for the same or for the sums herein contracted for, I/we also agree to pay all legal costs or collection fees pertaining to the same. 5. SECURITY OFFICER: A security officer MUST be present at any event where alcoholic beverages will be served. This includes beer, wine, champagne and mixed drinks, etc. Also, any scheduled event from the hours of 6:00 P.M. through Midnight must have an officer present. Management will schedule his/her services but Renter will be responsible for paying directly to the officer for his/her services the day/night of the event at the rate of $20.00 per hour.

13 6. GUEST RESTRICTIONS: Guests are restricted to reasonable confines of the Hall and Parking area. The Security officer will enforce such restrictions so as not to violate the privacy of Tuscarora Village residents. 7. CONDUCT: Renter agrees to enforce good order and to refuse admittance to disreputable persons. Groups of individuals who violate a reasonable and dignified code of conduct will be asked to leave the premises. Improper conduct would include rowdiness, intoxication, excessive noise, etc. If major problems arise during any function, it is Management s right to intervene, even to the point of closing the building. Because of the close proximity of the social center to community residences, all who use the building will control the noise level inside and out, especially in the parking lot after an event. 8. CLEANUP: The Hall should be left in the condition that it was found. All tables and chairs must be put back as they were found. Tables, countertops, microwave, etc. must be wiped off. Spills on the floor should be cleaned up and the floor swept of all debris. Garbage filling more than one garbage can should be removed from the hall and placed in the rubbish container located outside at the rear of the building. 9. EVENING EVENTS: Closing time is 11:00 P.M. One hour is additionally permitted for cleanup of the Hall. Social Hall doors will be locked at exactly 12:00 Midnight. 10. MISCELLANEOUS: Absolutely NO SMOKING is permitted in the Hall. There is a smoking area located outside the Hall. No signs are to be erected in Tuscarora Village giving directions to the Hall. These have been permanently installed by Management. No pets are allowed inside the social center at any time. (Animals used to assist persons who are physically challenged will not be included in the definition of pets.)

14 No alcoholic beverages may be served without prior approval of Management. No nails, tape, tacks or any other means may be used to attach decorations of any sort to the walls, windows, doors or ceilings. Table decorations ONLY are permitted. Confetti may not be used. You may bring in your own food or caterer of your choice. Management is not responsible for lost or stolen articles inside the building or in the parking lot. Fee schedules for the use of the social center for private functions are available from the Management. The social facilities may be rented by and is restricted to use for Park Residents ONLY. 11. ATTENDANCE AT COMMUNITY CENTER: A sign in sheet will be available at all functions held in the Community Center. It is the responsibility of each person attending a function to sign the respective sign in sheet upon entering the building. 12. OBSERVATION OF RULES: Rules for the Community Center must be observed at all times and will be strictly enforced. Management reserves the right to refuse the use of any and all use of the Community Center to anyone violating the terms of this agreement.

15 I (RENTER) AGREE TO THE AFOREMENTIONED AND WILL COMPLY WITH ALL THE RULES AND REGULATIONS OF THIS AGREEMENT. RENTER MANAGEMENT

16 TUSCARORA VILLAGE MHP, LLC July 30, 2012 Dear Resident: Attached you will find a set of Community Guidelines for Tuscarora Village MHP, LLC. The Park Manager represents Tuscarora Village MHP, LLC and is duly authorized to oversee all matters that relate to maintenance, rent collection, eviction and compliance to the Rules and Regulations set forth this day. Please read the Rules and Regulations of Tuscarora Village MHP, LLC carefully. Your signature below signifies that you have read and agree to comply to all terms and conditions contained therein. Please return the signed portion of this correspondence to the Park Management as soon as possible. Sincerely, Kenneth C. Burnham Member

17 Lot Number Park Residence I have read and understand the Community Guidelines of Tuscarora Village MHP, LLC, and do hereby agree to comply to all terms and conditions therein, and further understand that my residency in the park is conditioned upon this compliance. Tenant Date Tenant Date