Hidden Hills Apartments 4346 Hidden Hills Drive Kalamazoo, MI ( Community )

Transcription

1 Hidden Hills Apartments 4346 Hidden Hills Drive Kalamazoo, MI ( Community ) Lease Agreement ( Lease ) Tenant Name: ( Resident or you ): Address: Tel #: Lease Date: 2/4/2014 Guarantor: Name: Address: Tel #: Lease Term: Commencement Date: Maturity Date: Basic Rent: Total Basic Rent due during the term of this Lease shall be $, payable in 12 equal installments of $ with the first installment being due on and all subsequent installments being due on the first day of each ensuing month through the Maturity Date of the Lease. Security Deposit: Roommates: Premises: Lessor ( Landlord or we ): $ due upon execution of this Lease. Roommates shall mean those persons occupying the other exclusive spaces within the Apartment and sharing the Common Area. Resident is leasing that certain space consisting of Bedroom D ( Exclusive Space ) in Unit ( Apartment ) at Building Address ( Building ), being a 3 bedroom 3 bathroom apartment unit at Hidden Hills ( Community. ) The Exclusive Space consists of the exclusive use and occupancy of the Exclusive Space assigned to you. Other bedrooms in the Apartment may be leased by Landlord to other individuals, in which event such other bedrooms will become the exclusive space of such other individuals. The entirety of the space in the Apartment which is not exclusive space shall be deemed to be Common Area. The Common Area includes the hallways, kitchen, living room, dining room, laundry/storage room and bathrooms. You and your Roommates shall be jointly and severally liable for any damage occurring to the Common Area. The Exclusive Space together with the Common Area of the Apartment shall be referred to as the Premises. Hera Associates, L.L.C Hidden Hills Drive, Kalamazoo, MI 49006, Attn: Manager s Office, 1st Floor, Clubhouse Building

2 1. GENERAL PROVISIONS: This Lease with any agreements and addenda attached hereto or executed simultaneously herewith, contains the entire agreement between the parties and shall not be changed, modified or discharged in whole or in part except by an agreement in writing signed by Landlord and by Resident. The term Landlord as used in this Lease means the fee simple owner of the Community. The term Resident as used in this Lease means Tenant, Tenants, and Guarantor(s) listed above. The obligations of all such Residents pursuant to this Lease shall be joint and several. The term Resident s Parties shall refer to Resident s family, licensees, invitees, agents or guests. There are no oral agreements between Landlord and Resident regarding this Lease. 2. ADDITIONAL RENT: The term Additional Rent when used in this Lease means the Basic Rent plus all other charges (including but not limited to late charges, deposits and fees) for which Tenant may become responsible as hereinafter described in this Lease. 3. POSSESSION: If possession of the Premises is not granted on the Commencement Date, Basic Rent shall be abated on a daily basis until possession is granted provided such late delivery shall not extend the Lease Term. If possession is not granted within thirty (30) days after the Commencement Date, Resident, as its sole remedy, may give Landlord written notice after such thirty (30) day period, void this Lease, and receive the full refund of any deposit previously tendered by Resident to Landlord. Landlord shall not be liable for damages for any delay in delivery of possession, or temporary housing in the event of delayed delivery. 4. RENT: Resident agrees to pay the Basic Rent in the amount set forth on the first page of this Lease. Each monthly payment is due on the first day of each and every month during the term of this Lease without setoff, demand or deduction of any kind whatsoever. Basic Rent and all other charges due hereunder shall be paid at the Manager s office located on the 1st floor of the Clubhouse Building, 4346 Hidden Hills Drive, Kalamazoo, MI or at the designated rent drop located in front of the Manager s office. Landlord may offer to receive payments by credit card, check card or by direct bank transfer, and landlord reserves the right to charge reasonable processing fees as appropriate if Resident takes advantage of such payment method. Basic Rent and all other charges due hereunder shall be paid by credit card, personal check, cashier's check, certified funds, or money order. Checks tendered shall be made payable to Hidden Hills. Landlord shall not accept any legal tender of payment in cash. No third party checks will be accepted or considered a proper tender of payment. In the event any payment is made by a check, which is returned to Landlord due to insufficient funds, Landlord may require Resident to make future payments by certified funds. If Resident elects to mail any payment, then it is Resident s responsibility to ensure that payment is received by the when due. 5. LATE CHARGE: If we don t receive the monthly Basic Rent by the close of business (5 p.m.) on the 1st day of the month, Resident will immediately upon receipt of notice from Landlord, pay an initial late charge of $25.00 in addition to the Basic Rent which is due plus an additional late charge of $10.00 for each additional day until the total rent due is received by Landlord. Late charges are due and payable when assessed. Resident will pay a $50.00 fee for any check which is returned for any reason, plus the applicable late charges if the returned check is not made good by you by the 1st day of the month in question. This provision shall not be considered a waiver or relinquishment of any of our other rights or remedies. Any returned check must be replaced by certified funds. Resident will pay all fees incurred by Landlord in serving Resident with default or other notices concerning this Lease. Failure to pay rent in a timely fashion is grounds for eviction. We reserve the right to reject late rent. 6. APPLICATION OF PAYMENT: Payments received by Landlord from Resident shall be applied to the Resident s account in the following manner: first to satisfy unpaid application fees; second to unpaid security deposits; third to other deposits or portions thereof owed by Resident; fourth to outstanding fees

3 and payments including utility, cable or internet payments if applicable; fifth to any other outstanding fees and charges that are the Resident s responsibility; and sixth to Basic Rent. 7. CHRONIC LATE PAYMENT OF RENT: Chronic late payment is defined as paying Basic Rent after the due date outlined in this Lease on two (2) or more occasions. Notwithstanding anything to the contrary contained herein, if Resident does not pay all Basic Rent in full plus any late charges owed on or before the eleventh (11th) day of the month, Landlord may file a dispossessory warrant with Kalamazoo County (Kalamazoo, MI). In the event that a dispossessory warrant is filed against Resident, the estimated warrant filing fees, court costs, and attorney fees set forth on the face of this Lease will be included in the total amount due to Landlord. Landlord may immediately terminate this Lease and begin eviction proceedings if Resident is chronically late with the Basic Rent payment and/or Landlord has filed one (1) dispossessory warrant or as according to state or local law. 8. SECURITY DEPOSIT: Unless we notify you otherwise your security deposit will be deposited in a bonded and commingled account with The Private Bank, Chicago, Illinois and may only be used for the purpose permitted under the Security Deposit Act of the State of Michigan (MCL to ) including but not limited to payment toward any unpaid rent, late fees and other sums due under the lease and all obligations set forth in this lease. A. Before you may occupy the unit, you must pay us the required security deposit listed at the beginning of this lease. You may not apply your security deposit as rent. It is a good faith deposit for your faithful fulfillment of each condition in this lease and as a contingency against any physical damage to the premises caused by you or others, and to insure that you return the leased premises to us in the same clean and rentable condition as you received it, ordinary wear excepted. B. Upon the completion of this lease we will return your security deposit to you after the leased premises has been vacated, provided you have: 1) Complied with the terms and conditions of this lease and the full term of the lease has been completed; 2) Surrendered the Premises and turned over the keys to us on the termination date; 3) Submitted a sixty (60) day written notice to Landlord; 4) Not damaged the premises or furnishings beyond ordinary wear; 5) Complied with 9.B above; and 6) Paid all rent and other charges due us, including amounts due for utility charges to us. You understand that your liability to us is not limited to the amount of your security deposit and that resident may be liable for additional damages after they vacate the premises. C. In order to be eligible for a refund of the security deposit, the Resident must give a sixty (60) day notice. A sixty (60) day notice is required whether or not a security deposit has been collected. YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN FOUR (4) DAYS AFTER YOU MOVE OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU WILL RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALL BE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT TO THAT FAILURE. 9. NON-REFUNDABLE FEES: The following non-refundable fees have been received by Landlord from Resident: It is agreed that these fees are non-refundable and deemed earned by Landlord at the time they were tendered by Resident.

4 10. USE OF PREMISES: A. The Premises shall be used solely as a private residential dwelling only and for no other purposes. No more than one (1) person shall be entitled to occupy each Bedroom in the Apartment. Without the prior written approval of Landlord, Resident may not keep more than one (1) vehicle at the Apartment Community. If Resident desires to have a guest, which for the purposes of this Lease shall be defined as any person staying in the Unit for no more than one (1) night, then Resident shall register the guest(s) with Landlord. However, Resident shall not have guest(s) for more than two (2) consecutive nights. In the event of the occupancy by any unregistered or unauthorized guest(s) of the Premises, Landlord shall be entitled to recover from the Resident and guest(s) (whose liability shall be joint and several) an amount equal to the amount of one (1) month s Basic Rent, in addition to the right of Landlord to declare the Lease in default and pursue any of Landlord s other remedies hereunder or at law. B. Resident agrees: (i) to abide by all applicable governmental laws, orders, rules and regulations, (ii) to avoid disruptive behavior or conduct, (iii) not to injure the reputation of the Community or its residents, (iv) not to take any action or inaction which would cause an increase in the rate of insurance at the Apartment Community, (v) not to use profane language, (vi) not to exhibit loud or boisterous conduct, (vii) not to engage in the use or sale of any illegal or controlled substance, (viii) not to have firearms or explosives of any kind in the Community, and (ix) not to engage in any activity which interferes with or decreases the use and enjoyment of the Community by other Residents. From time to time Landlord may require communications from Resident to be in writing. C. We have the right, when any bedroom within the Apartment is unoccupied, to place a new resident in the unoccupied bedroom unless you and all other residents in the unit agree to pay us the rent for the unoccupied bedroom. You acknowledge that this Lease is for an essential necessity and that you will be fully bound by all of the terms and conditions hereof, irrespective of your age or legal status. You understand that we have no way of insuring that other residents of the Unit will be acceptable to or compatible with you or that their character will be impeccable or that they will be students. The communal living arrangement created by this agreement is structured as an accommodation to you. We are not and will not be responsible for the acts or omissions of the other residents in the Unit and you assume the risk of living with others under this arrangement. A conflict or disagreement between co-residents does not constitute grounds for you to terminate this lease. 11. CONDITION OF PREMISES: Resident hereby acknowledges that the Premises are being delivered in an "as-is" condition, and Resident s acceptance of the Premises at the beginning of the Term constitutes Resident s acknowledgment that the Premises and its furnishings if applicable are in good repair and in habitable condition, except as otherwise specifically noted on the Move in/move out inspection report, which is to be completed at move-in and which report is attached hereto as Exhibit B. 12. SUBLETING: You may not assign this lease or sublet any portion of the leased premises without our written consent. We may allow you to terminate your lease prior to the expiration of the lease term if you secure a replacement Resident acceptable to us. The replacement Resident must submit a completed Application, Parental/Sponsors Guaranty (if required), and a signed Lease Agreement with a term from the date of your early termination through the end of the original lease term. The replacement Resident must be approved by us, using the same qualification guidelines in use for new Residents. You or the replacement Resident must pay a new Application Fee and Lease Modification Fee of $ RESIDENT S OBLIGATIONS AND RESPONSIBILITIES: Resident agrees to keep and maintain the Premises, Apartment and Building in a good clean, and sanitary condition, excepting reasonable wear and tear, and to make no alteration or addition thereto (including, but not limited to affixing fixtures to the Premises, Apartment and Building) without the prior written consent of Landlord. Resident shall promptly report to Landlord all damage and repairs, which need to be made to the Exclusive Space, Premises,

5 Apartment, Building and Community. Resident shall be liable for and shall pay all costs and expenses for damages and repairs resident causes to the Exclusive Space, Premises, Apartment, Building and Community (including, but not limited to, the cost of replacing or repairing all broken or damaged furnishings or fixtures; any costs related to defacement or damage to walls, ceilings, floors, carpets and doors; and reasonable charges for Landlord s overhead, administrative cost, and expense) caused by Resident s (or guest(s) of Resident) abuse, carelessness or misuse of the Exclusive Space, Premises, Apartment, Building and Community. Such costs for repair and damages shall be considered to be Additional Rent charges. It is understood that Resident will be occupying the Apartment jointly with Roommates. Resident shall be responsible for any damage caused to the Exclusive Space, Premises, Apartment, Building and Community by Resident or Resident s guests, and Resident and Roommates shall be jointly and severally liable, at the sole discretion of Landlord, for any damages to any area of the Premises, Apartment, Building and Community including, but not limited to, its furnishings, fixtures, walls, ceilings, floors, carpets, and doors, and such costs for repair and damages shall constitute Additional Rent. Resident shall be responsible for and liable for the conduct of Resident s guests, licensees, and invitees. Any use of the Premises, Apartment, Building or Community by a guest, licensee, or invitee of Resident, which would violate any provision of this Lease, shall be considered a breach of this Lease by Resident. Resident shall immediately report to Landlord and the campus and local law enforcement authority all acts of vandalism to the Exclusive Space, Premises, Apartment, Building or Community. 14. LIABILITY: Resident acknowledges that in the event that the Resident shares the Apartment with other Roommates, Resident is solely responsible for getting along with the other Roommates. Landlord shall not be liable for any personal conflict of Resident with the other Roommates, Roommate s guests, licensees, or invitees, or with any other Residents that reside at the Community. A conflict between Resident and the other Roommates in the Apartment or Residents that reside at the Apartment Community does not constitute grounds for termination of the lease by Resident. Landlord shall not be liable for any personal injury to Resident or damage or loss to Resident s property, including, but not limited to, any injury, loss, or damage caused by burglary, assault, vandalism, theft, or any other crimes. 15. LANDLORD S RIGHT OF INSPECTION AND ENTRY: Resident agrees that Landlord, or its agents or representatives, may enter the Exclusive Space, Apartment, Premises and Building at the Community at reasonable hours for the purpose of making inspections and repairs or for the purpose of displaying the Premises to prospective Residents or purchasers. In an emergency situation, Landlord may enter at any time to protect life or prevent damage to the Premises. 16. UTILITIES AND SERVICES: Landlord agrees that the cost of utilities serving the Premises shall be paid as follows: 1) Paid by Landlord: Trash, Basic Internet, Basic Cable. 2) Paid by Resident: All other utilities and services including but not limited to Gas, Electric, Water, Sewer, and Telephone. All residents in the unit are jointly and severally responsible for all the aforesaid utility charges for the entire duration of the Lease Term, regardless of physically or not physically occupying the Unit. Prior to resident taking possession, the Landlord must receive proof of the transfer of services for Gas and Electric via a letter from the utility companies certifying same. Resident will not be allowed to take possession of the Apartment until completion of proof that said transfer has been completed and tendered to Landlord. 17. PARKING, RECREATION AND COMMON AREAS: Various areas of the Community are designated and intended for the use in common by all Residents, including the parking areas, walkways, recreational facilities, clubhouse, and other amenities (the Amenities ) made available by the Landlord. One parking pass will be issued to each resident upon move-in. If an additional pass is required, resident must pay a fee of $100 prior to receiving the new pass. Resident acknowledges Landlord retains the absolute right to alter, modify, or eliminate said Amenities should Landlord so elect. The use of any on site Amenities by the Resident shall be at the Resident s own risk and use may be regulated, denied, or restricted at any time by Landlord. Resident is required by this Lease and warrants that Resident shall personally

6 supervise Resident s guests, invitees, and licensees and their every use of the Premises, and Amenities, and Resident is completely responsible for their safety, negligence, and all of their actions. Resident understands that Landlord will not provide supervision of the same. 18. PET POLICY: Pitbulls, Rottweilers, Dobermans, and any non-domesticated breeds or a mix of any of these breeds will not be approved. Exotic pets, including but not limited to, snakes, lizards, ferrets, etc., will not be approved. A non refundable deposit of $150 is required for each cat and/or dog. An additional fee of $20 per month is added to your rent as well. Resident's failure to obtain approval for a pet, failure to sign a Pet Addendum, failure to follow all pet rules, or failure to pay deposits and fees associated with owning a pet will constitute a breach of this Lease. In addition to all other deposits and/or fees associated with having a pet in Resident's apartment home, Resident (i) is also responsible for any damages caused by animals in apartment including odors in carpet, etc., and (ii) shall be fined twenty five ($25.00) dollars for each leash law or pet waste violation. The following shall apply to a violation of this policy per pet: First offense: A written warning will be issued to the resident (s) specifying the complaint and a $150 charge will be assessed per pet against the resident. Landlord may, in its discretion, declare this Contract to be in default. Second violation: Upon a second violation a $300 charge will be assessed per pet against the Resident (s) and the Landlord may, in its discretion, declare this contract to be in default. Any damages caused by the pet will be charged to Resident. If ownership of a pet cannot be determined to belong to a single resident, then charges will be divided evenly amongst the Residents of that unit unless admission of ownership is made by one or more Residents of that unit. 19. RELOCATION: For purposes of operating efficiency, Landlord reserves the right, upon seven (7) days advance written notice to relocate Resident to another apartment unit at the Community. Furthermore, Landlord retains the right to assign Residents to other bedrooms in the Apartment. Landlord, to the extent practical and in Landlord s sole discretion, will honor Resident s requests for the sharing of a particular apartment. Resident may request relocation to another apartment unit in the Community by providing thirty (30) days written notice to Landlord of the desire to relocate. Landlord, in its sole discretion, may allow or refuse such relocation. If Landlord allows Resident to relocate, prior to such relocation, Resident shall pay Landlord a $ relocation fee in order to compensate Landlord for the costs associated with such relocation, and Resident shall be responsible for all costs associated with switching utilities and Services to the new apartment. All such costs shall be considered as Additional Rent. 20. GUARANTY OF RESIDENT S OBLIGATIONS: In the event that the Landlord requires, as a condition of this Lease, a guaranty by a parent or other individual (referred to as the Guaranty ), said Guaranty shall constitute an essential inducement for the granting of this Lease by Landlord. The obligor(s) of the Guaranty are referred to herein as the Guarantor(s). Landlord reserves the right to cancel this Lease in the event such Guaranty is not fully executed, notarized, and returned to Landlord by the earlier of (i) fifteen (15) days from the Execution Date, or (ii) the date Resident takes occupancy. Resident understands that the Guaranty must be obtained directly from the guarantor and that Landlord reserves all rights, both criminal and civil, for any false execution or forgery of the Guaranty. Resident acknowledges that this Lease is for an essential necessity of Resident, and that Guarantor shall be fully bound by all the terms and conditions hereof irrespective of Resident s age or legal status. The Guaranty is attached to this Lease as Exhibit C. The execution of the Guaranty constitutes an additional assurance to Landlord of the performance of the covenants of this Lease and shall not be construed as a release of Resident s responsibilities and obligations hereunder. 21. RULES AND REGULATIONS: The Rules and Regulations attached hereto as Exhibit A and incorporated herein by reference, are an important part of this Lease. By executing this Lease, Resident acknowledges that he or she has read and agrees to abide by the Rules and Regulations. Landlord reserves the right to make changes to the Rules and Regulations and such amended Rules and Regulations shall be deemed as equally binding upon Resident as if originally set forth herein.

7 22. CASUALTY: In the event of fire or other casualty relating to the Premises, Resident must immediately notify Landlord. If the Premises is partially destroyed by fire or other casualty not attributable to the negligence or carelessness of Resident or Resident s guest, licensee, or invitee, the Premises, as applicable, may be promptly restored and repaired by Landlord and any installment(s) of Basic Rent for the period that the Premises is un-rentable shall abate, unless Landlord provides Resident with alternative living space, in which event installment(s) of Basic Rent will not be abated. However, if the Premises is substantially destroyed, then this Lease may be terminated by either Landlord or Resident, in which event the remaining unpaid installments of Basic Rent due hereunder shall cease to accrue as of the date of such damage or destruction. Notwithstanding the foregoing, it is expressly understood and agreed Resident shall not be excused from paying any installment of Basic Rent if the damage or destruction to the Premises is the result of or is attributable to the negligence or carelessness of Resident or the guests, licensees, or invitees of Resident, and Resident shall be charged for the cost of any repairs or clean-up attributable to carelessness or negligence by Resident or Resident s guests, licensees, or invitees which charges shall be considered as Additional Rent. 23. RESIDENT S PROPERTY AND RENTER S INSURANCE: Resident is responsible for acquiring and maintaining Resident s own insurance on personal property, furniture, clothing, and valuables kept by Resident in or about the Bedroom, Premises, and Community. Landlord shall have no liability with respect to same, whether such items are lost, injured, or damaged by theft, wind, rain, flood, fire, Act of God or other casualty, and Resident expressly waives all claims for such injury, loss, or damage. 24. LANDLORD'S PERMISSION OR CONSENT: If any provision of this Lease requires the written permission or consent of Landlord, such written permission or consent may be granted or withheld in the sole discretion of Landlord, may contain such conditions as Landlord deems appropriate, and shall be effective only so long as Resident complies with such conditions. Moreover, any written permission or consent given by Landlord to Resident may be modified, revoked, or withdrawn by Landlord at any time, at Landlord's sole discretion, upon written notice to Resident. 25. NOTICES: Resident shall, within five (5) days after occurrence, notify Landlord, in writing, of any alleged violation by Landlord of any of its obligations arising under this Lease or otherwise. Failure of Resident to give such notification in writing, within the time prescribed shall constitute a total and complete waiver of said alleged violation and shall not be asserted by Resident as any grounds for nonperformance of Resident s obligations under this Lease. All notices to be sent to and from the parties are to be sent at the address set forth on the first page of this Lease. 26. ABANDONMENT: In the event the Exclusive Space is abandoned, Landlord shall have the right, without notice, to secure the Premises with new locks, to store or dispose of any property or personal possessions left in the Premises by Resident or Resident's guests, licensees, or invitees, and to re-rent the Exclusive Space for new occupancy. Any such abandoned property or personal possessions shall be considered Landlord's property and title shall vest in Landlord. Landlord, in its sole discretion, shall have the right to determine when the Premises is abandoned. Resident agrees abandonment of the Exclusive Space shall include, but is not limited to, any one of the following: the removal of personal property from any portion of the Premises other than in the usual course of continuing occupancy, the failure to pay Rent or other charges, discontinuance of any utility service, and failure to respond to any notices, phone calls, or correspondence from Landlord. 27. DEFAULT BY RESIDENT. If Resident fails to pay any installment of Basic Rent or any Additional Rent, as and when due hereunder, or if Resident abandons the Premises or fails to perform any of its obligations hereunder, or if any information contained in Resident's rental application is determined to be untrue or misleading, Resident shall be in default hereunder and Landlord may at its option terminate this Lease by written notice to Resident. Resident shall surrender possession of the Premises to Landlord upon the date specified in such termination notice, and Resident shall be liable to Landlord for, and shall indemnify Landlord against, all loss and other expenses (for re-letting, refurbishing, cleaning or otherwise

8 making the Premises suitable for re-letting) suffered or incurred by Landlord as a result of Resident's default and termination of this Lease. Notwithstanding the commencement of a dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Landlord for all installments of Basic Rent and any Additional Rent, accrued through the date on which possession is obtained by Landlord, and Resident shall continue to be liable for any installment(s) of Basic Rent and any Additional Rent accruing thereafter until the earlier of the expiration of the Term or the re-rental of the Premises. It is intended that Landlord s remedies for a default hereunder shall be as broad as permitted under the laws of the State and shall include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any unpaid Basic Rent and Additional Rent as same may accrue; or (b) the right to rent the Premises for the account of Resident, in which event the proceeds from subletting shall be applied first to the cost of subletting (including advertising and commissions), second, to the cost of repairing any damage to the Premises, and third, to Resident s rental obligations hereunder, with Resident and Guarantor(s) remaining fully responsible for any deficiency in the rental obligations for the remainder of the Term. The exercise of any one remedy shall not be deemed exclusive of the right to collect any outstanding Basic Rent and Additional Rent, or of Landlord s right to avail itself of any remedy allowed by law. In the event the Rules and Regulations now or hereafter enacted prescribe warning and/or charges for certain actions of Resident which may constitute violations of this Lease, Landlord may elect, in its sole discretion, to enforce the default and/or termination provisions contained herein or to enforce the provisions of the Rules and Regulations. In the event of a default by Resident hereunder, in addition to any other remedies, Landlord is entitled to employ an attorney at law to enforce Landlord s rights hereunder and all reasonable fees and cost connected therewith shall be paid by Resident. Any rental obligations or damages that remain unpaid after default shall bear interest at the lesser of fifteen (15%) percent per annum, or the highest rate allowable by law. In the event of re-entry and repossession by the Landlord, Landlord shall have the right to store or dispose of Resident's property remaining in the Exclusive Space and otherwise in the Premises, and Resident shall be liable for all costs, fees and damages incurred by Landlord and such reentry shall not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or otherwise constitute a release of Resident from the terms of this Lease. Resident agrees Landlord shall have no liability for any actions taken to secure the Premises, obtain possession of the Premises, or store or dispose of any personal property or possessions found in the Premises when Landlord deems the Premises to have been abandoned, and such actions are a contractual matter to which Resident has given his consent, and any alleged action shall not give rise to a claim in tort or to a claim for punitive damages. 28. MOVE-IN AND MOVE-OUT PROCEDURES: Immediately preceding Resident s taking possession of the Unit, Resident may and Landlord shall conduct an inspection of the Apartment and shall note on Exhibit B (Move In-Move Out Inspection Report) annexed hereto and made a part hereof, any defects or damages, and any other conditions observed. Landlord and Resident shall sign Exhibit B as conclusive evidence of existing defects, damages, or conditions. Upon Resident s surrendering possession of the Premises at the termination of the Lease, Landlord shall note in the space provided on Landlord s copy of said Exhibit B the condition of the Premises, including all appliances, furnishings and fixtures therein, and any damage done thereto which is deemed by Landlord to have occurred during Resident s occupancy and use of the Premises, and Resident may inspect the Premises within two (2) business days after termination of the Lease. Landlord and Resident shall sign Exhibit B as conclusive evidence of defects and damages existing at termination of the Lease. If Resident fails to sign Exhibit B or specifically dissent in writing to any damage or defect, then Resident waives the right to dispute any assessment of damages to the Premises. Upon termination of this Lease for any reason, Resident shall surrender possession of the Premises in a clean and sanitary condition, including removing all trash from the Premises. Resident shall pay all utility and service bills affecting the Premises for which Resident is responsible and cancel all utility accounts in the name of the Resident. Resident shall return to the Landlord all keys issued to the Resident by the Landlord. If all keys issued to Resident are not returned to Landlord, Resident shall pay all costs

9 associated with re-keying locks for the Premises, along with the cost of replacement of all keys for the locks re-keyed. Resident s failure to follow the prescribed check-out procedures may result in the partial or full forfeiture of the Security Deposit posted hereunder, but in no event shall such forfeiture be construed as liquidated damages. 29. RENEWAL: If, prior to the expiration of the Term, Resident executes a binding lease with Landlord for the next succeeding designated term (a "New Lease"), the terms of this Lease shall continue in full force and effect until the beginning of the term provided in the New Lease (the New Term ). In other words, Resident shall remain liable for all amounts of Basic Rent and Additional Rent which may be or become due and owing hereunder prior to the commencement of the New Term pursuant to the terms and conditions of this Lease. If Resident elects not to execute a New Lease, a NINETY (90) DAY WRITTEN NOTICE MUST BE GIVEN PRIOR TO VACATING. Notwithstanding the giving of said notice, the Resident is still responsible to pay all Basic Rent and Additional Rent through the full term of this Lease. We retain the right to revoke the New Lease at our discretion if Resident is or becomes in default pursuant to the terms of this Lease prior to the Commencement Date of the New Lease. 30. HOLDING OVER: If Resident fails to surrender the Premises by the end of the Lease Term, a charge in the amount of two (2) times the Basic Rent will be due for the entirety of each month (even if the actual hold over is less than an entire month) which Resident holds over. This hold over charge is not subject to proration regardless of when, during such month(s) the Resident holds over. After termination or expiration of this Lease, this Lease shall not be deemed to have been renewed or extended and Resident shall be deemed to be a Resident at sufferance. 31. SIGNS: Resident shall place no signs, placards or other advertisement of any character in the Premises or anything visible from the outside. 32. PHOTOGRAPHS: Resident agrees to allow Landlord to use photographs of the Resident and the Premises for the purpose of advertising the Community or any other similar apartment Community owned by Landlord and hereby consents to such use. 33. SUBORDINATION: This Lease shall be subject and subordinate at all times to the lien or security title or interest of any and all mortgages, deeds of trust, and deeds to secure debt now or hereafter placed on or against the Community or on or against Landlord s interest or estate therein, all without the necessity of having further instruments executed on part of Resident to effectuate such subordination. 34. INDEMNIFICATION: Resident, for himself/herself, and his/her representatives, heirs, assigns and successors releases Landlord, and its affiliates, officers, directors, shareholders, employees and agents thereof (hereinafter the Indemnified Parties ) from liability for and agrees to indemnify the Indemnified Parties against all losses incurred by the Indemnified Parties as a result of (a) Resident s failure to fulfill any condition of this Lease; (b) any and all liability for injury or loss relating to Resident s use and occupancy of a Bedroom, Exclusive Space, Apartment, Premises, Building and the Community; (c) any damage or injury happening in or about the Premises and Community to Resident s guests, licensees, invitees, or such person s property; (d) Resident s failure to comply with any applicable laws, rules or regulations; and (e) any damage occurring to a vehicle belonging to Resident or a Resident s Parties. 35. STATE OF MICHIGAN TRUTH IN RENTING NOTICE: NOTICE: MICHIGAN LAW ESTABLISHES RIGHTS AND OBLIGATIONS FOR PARTIES TO RENTAL AGREEMENTS. THIS AGREEMENT IS REQUIRED TO COMPLY WITH THE TRUTH IN RENTING ACT. IF YOU HAVE A QUESTION ABOUT THE INTERPRETATION OR LEGALITY OF A PROVISION OF THIS LEASE, YOU MAY WANT TO SEEK ASISTANCE FROM A LAWYER OR OTHER QUALIFIED PERSON.

10 36. MISCELLANEOUS: Failure of Landlord to insist upon strict compliance with the terms of this Lease shall not constitute a waiver of Landlord's rights to act on any violation. In all references herein to Resident, the use of the singular number is intended to include the appropriate number as the text of this Lease may require, and all gender references to male or female are intended to be gender neutral. This Lease and any attached addenda constitute the entire Lease between the parties and no oral statements shall be binding. Any amendment to this Lease, other than a change to the Rules and Regulations, must be in writing and signed by the party to be bound. Time is of the essence in the obligation under this Lease. Any addendum or Exhibits attached to this Lease including, but not limited to the Rules and Regulations, Check-in and Check-out Inspection Form, and Guaranty, are hereby incorporated by reference as a part of this Lease. If any one or more of the provisions of this Lease, or the applicability of any such provision to a specific set of circumstances shall be invalid or unenforceable, such provision(s) shall be modified to the minimum extent necessary to make it or its application valid or enforceable; and the validity and enforceability of all the provisions of this Lease and all other applications by any such provision(s) shall not be affected thereby. In the event, for any reason, that the Community is sold or there is a change in the property managing entity as assigned by the Landlord, this lease may be re-assigned to the new property owner or management entity. 37. MOLD & MILDEW: Resident acknowledges that it is necessary for the resident to provide appropriate climate control. Keep the Premises clean, and take other measures to retard and prevent mold and mildew from accumulating in the Premises. Resident agrees to clean and dust unit on a regular basis to remove visible moisture accumulation on windows, walls, and on other surfaces as soon as reasonably possible. Resident agrees not to cover/block heating, ventilation, or air conditioning ducts in the Premises. Resident also agrees to immediately report to the Management office: 1) any evidence of a water leak or excessive moisture in the Premises as well as any storage room, garage or common area. 2) Any evidence of a mold or mildew like growth that cannot be removed by simply applying a common household cleaner and wiping the area: 3) Any failure of malfunction of the heating, ventilation or air conditioning system in the Premises and 4) Any inoperable windows and doors. Resident further agrees that Resident shall be responsible for damage to the Premises and Resident s property as well as injury to Resident and occupants resulting from Resident s failure to comply with the terms of this paragraph. 38. PAINTING: Residents are only allowed to paint their bedroom (not closets or bathrooms) with the prior written approval of Landlord. No one is permitted to paint in the common areas (this includes hallways, living/dining room, kitchen, pantries, closets and any other shared space). You must use a latex flat paint-this is the ONLY paint allowed. Do not use semi-gloss paint or oil based paints. (If you use any other type of paint you will be responsible for cleaning and repairs cause by damages). Do not paint the ceiling, window seals or baseboards. Please tape off these areas when you paint as you will be charged for any marks on the baseboard/window seals/ceilings. Place a drop cloth on the floor while painting. You will be charged for any paint on the carpet/linoleum as well as damages. Cover the blinds in windows before painting. Damaged window blinds will be replaced and charges will apply for replacements. You must repaint the room back to its original color before you move out. Again, please do not paint the baseboards, ceiling, window seals or get any paint on the floors or blinds or you will be responsible for the costs of cleaning and repairing damaged areas. 39. ADDITIONAL ATTACHMENTS AND ADDENDUMS: The Items checked below are attached to this Lease and are hereby incorporated into the terms of this Lease by this reference, and are binding even if not initiated or signed: Exhibit A: Community Rules and Regulations Exhibit B: Move In/Move Out Inspection Report Exhibit C: Guaranty

11 ACKNOWLEDGMENT RESIDENT HEREBY ACKNOWLEDGES RESIDENT HAS READ THIS LEASE AGREEMENT, THE RENTAL APPLICATION, AND THE RULES AND REGULATIONS. RESIDENT UNDERSTANDS THE RULES AND REGULATIONS MAY BE AMENDED FROM TIME TO TIME AND ARE FOR THE PURPOSE OF PROTECTING THE COMMUNITY AND PROVIDING FOR THE WELL-BEING OF ALL OCCUPANTS OF THE COMMUNITY, AND AFFIRMS RESIDENT WILL, IN ALL RESPECTS, COMPLY WITH THE TERMS AND PROVISIONS OF THIS LEASE AGREEMENT. RESIDENT ACKNOWLEDGES THAT THIS LEASE IS A LEGAL DOCUMENT AND IS INTENDED TO BE ENFORCEABLE AGAINST RESIDENT AND GUARANTOR IN ACCORDANCE WITH ITS TERMS AND CONDITIONS. RESIDENT SHOULD SEEK COMPETENT LEGAL ADVICE IF ANY PORTION OF THIS LEASE AGREEMENT OR RELATED DOCUMENTS IS NOT CLEAR OR OTHERWISE UNDERSTOOD BY RESIDENT. BY SIGNING THIS RENTAL AGREEMENT THE RESIDENT AGREES THAT UPON SURRENDER OR ABANDONMENT, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE RESIDENT S PERSONAL PROPERTY. CAUTION -- IT IS IMPORTANT YOU THOROUGHLY READ THIS LEASE BEFORE YOU SIGN IT. IN WITNESS WHEREOF, the parties have caused this Agreement of Lease to be executed effective the day and year first above written. LANDLORD HERA ASSOCIATES, L.L.C. By: Hera Holdings, Inc., Manager Print: Sign: Date: Bedroom: Apartment Unit: Building Address: TENANT Print: Sign: Date: Commencement Date: 08/13/2013 Maturity Date: 07/31/2014