RV LOT LEASE AGREEMENT Page 1 of 11 BRIARWOOD PARK AND APARTMENTS This Lease Agreement ( Agreement ) is made and executed by and between Best Properties LLC ( Landlord ) dba Briarwood Park and Apartments (Park) and Resident(s) ( Resident ) P.O. Box # Signing Date Move-in Date Lease End Date Lot # Rent Due Date 1st Rent Late on the 6th Total Rent Due Monthly $ Lot Rent: $ 275 Security Deposit: $ 100 Yard Maintenance: $ 15 hr Late Fee ( paid after 5 th ): $ 25 Returned Check Fee: $ 35 Park Rule Violation Fines: $ 20 Eviction-Processing Fee: $50 Guest Rent >15 days in 6 mo $ 100 each guest Landlord hereby leases and Resident hereby leases from Landlord that certain mobile home, RV, manufactured home, or park model lot, ( Lot ) in the above written Park, in the City of South Bend, State of Washington. This is not a rental of the mobile home, RV, manufactured home or park model (mobile home). Under and pursuant to the following terms and conditions: 1. TERM: This is an annual lease or a month-to-month agreement. The primary term of the Agreement shall commence on the day of 20, and shall end at 5 p.m. on the last day of 20. Upon expiration of this primary term, this Agreement shall automatically renew for the same term as originally agreed upon unless Resident gives written notice of termination at least 30 days before the end of the term or unless all parties sign another Lease Contract. (M2M contract requires signing of Annual Lease Waiver) 2. RENT: Resident shall pay $275 per month for rental, without deduction, for the Lot, payable in advance on the 1 st day of each calendar month. Resident s right to possession of the Lot is expressly contingent upon the prompt and timely payment of rent and other charges due hereunder. Additionally, a charge of $35.00 will be made for all bounced checks. Late fees may then apply as well. If the bank is closed on the 5 th or if you deposit after their cut-off time, your payment will not post until the next business day and late fees will apply. Manager has been instructed NOT to accept cash, please help by making cash deposits directly to the bank during normal business hours. Rent can be paid by: a. Depositing cash, check, or money order directly to the Best Properties Bank of America checking account #11863917, the bank receipt is your proof of payment. b. Mail money order or check to Best Properties LLC, P.O. Box 12687, Olympia, WA 98508-2687. Your account will be credited with payment using postmark + 2 days as the date received. Avoid late fees by getting rent post marked by the 3 rd so we can credit your account on the 5 th. 3. RENT INCREASES: Rent may only be changed at term renewal with three months notice except for increases or decreases in carry-through expenses such as utilities or taxes on a pro rata basis. 4. LATE FEE: If the rent or other sums payable hereunder are not paid within Four (4) days of the date on which such are due, a late charge of $25.00 will be added to the amount due. This means that a payment received on the 6 th that was due on the 1 st will have a $25 late fee.
Page 2 of 11 5. APPLICATION OF MONIES RECEIVED: Monies received by Landlord from Resident shall first be applied to discharge any past due amounts, including but not limited to, past due late charges, check charges, fines, repair charges, labor charges, utility bills, then past due rent. After such past due amounts have been paid, then current charges such as late fee, utilities, etc. and the remainder of any monies received by Landlord from Resident shall be applied to lot rent. 6. OTHER AMOUNTS OWING: Resident shall pay promptly all sums other than rent pursuant to the provisions of this Agreement within fourteen days following Landlord s delivery of a statement of account therefore. Landlord may or may not, depending upon Residents history and the amount owing, allow a separate written note to be created and attached to this Agreement as an Addendum which would allow payments to be made with the rent payment each month bearing interest at the maximum rate permitted by the State of Washington. If such payments are not made it shall be considered a violation of this Agreement. 7. DEPOSIT: In addition to the rent described above, Resident shall pay a security deposit in the amount set forth above to be paid upon the signing of this Agreement by Resident. Such security deposit is to secure the performance of the Resident s obligations in the Rental Agreement. The security may be forfeited all or in part for the following reasons: (a) All of the security deposit shall be forfeited if less than 30 days notice is given to terminate tenancy at the end of the term or to terminate tenancy before the end of the term; (b) The cost of replacing or repairing any damages by Resident or completing any unperformed maintenance by Resident will be deducted from the security deposit; (c) Any amounts still owing to Landlord including amounts expended for legal and storage costs; (d) No portion of any deposit shall be withheld on account of wear resulting from ordinary use of the mobile home space. Within fourteen days after the termination of the rental agreement and vacation of the mobile home space, Landlord shall give a full and specific statement of the basis for retaining any of the deposit, with the amount still owing to Landlord, if any, together with the payment of any refund due Resident, if any, under the terms and conditions of the rental agreement. The statement shall be delivered to Resident personally or by mail to the last known address. Landlord shall have the right to proceed against a tenant to recover sums exceeding the amount of Resident's damage or security deposit for damage to the property for which Resident is responsible. If Landlord fails to give such statement together with any refund due Resident within the time limits specified above such landlord shall be liable to Resident for the full amount of the refund due. Deposits are held in Bank of America, Duryea Street, Raymond, WA. 8. FINES: Landlord may charge a fine of $20 for each violation of a park rule in addition to other costs. 9. UTILITIES: Electric, garbage and the first 3000 gallons of water/sewer usage are included. Utilities that are billed to Landlord such as water and sewer shall be billed to Resident by Landlord for their share of the actual cost based upon actual usage determined by sub-meters. Landlord reserves the right to charge for excessive garbage use. Residents are responsible for all utility maintenance within the mobile home from hook-up. 10. INSPECTION BY RESIDENT: Resident warrants and covenants that a full and complete inspection of the Lot and of the Park and all of its facilities has been made and that all of such were found to be in good, safe and habitable condition.
Page 3 of 11 11. USE OF LOT: Only those persons listed in said Application shall be permitted to occupy the Lot with a maximum of two adults who have been screened and approved by Landlord. The Lot shall not be used for any illegal purposes, nor any business purposes, nor in violation of any valid regulation of any governmental body or agency, nor in any manner to create any nuisance or trespass. 12. GUESTS: Short term guests are allowed at any time. Residents that have guests that stay more than 15 days in any six month period shall be liable for a guest rent of $100 per month or part of month per guest. All guests must follow all park rules. All Residents are responsible for their guests and agree to be held liable for their actions. A tenant in a mobile home park may share his or her mobile home, with any person over eighteen years of age, if that person is providing live-in home health care or live-in hospice care to Resident under an approved plan of treatment ordered by Resident's physician. The live-in care provider is not considered a tenant of the park and shall have no rights of tenancy in the park. Any agreement between Resident and the live-in care provider does not change the terms and conditions of the rental agreement between Landlord and Resident. The live-in care provider shall comply with the rules of the mobile home park, the rental agreement, and state law. Landlord may not charge a guest fee for the live-in care provider. 13. LOT BOUNDARIES: Each lot in the fenced section of the Park shall start and end two feet from the long back side of each unit and goes to the fence at the back. No structure shall be placed within two feet of the back fence to allow for emergency, utility and management personnel. No fence shall block the back access unless an unlocked gate is installed at the back. Lots B1, B2 and B3 shall each go from the road on one side to the lane on the other side and from the road or unit in next to them to the back of their unit with access permitted for maintenance. Lots B4, B5 and B6 go from 1 st Street to the bowling alley parking lot, with B4 going from the lane to the outer edge of their driveway, Lot B5 from the carport to the concrete and B6 from the inside edge of the concrete nearest B5 to the fence. The concrete between B5 and B6 is to be shared by both. 14. LANDLORD ACCESS: Landlord shall have no right of access to the mobile home without prior written consent of the resident, except in case of emergency or when the Resident has abandoned the home. Such consent in writing may be revoked at any time. Landlord shall have a right of entry to the Lot for maintenance of utilities, to insure compliance with applicable codes, statutes, ordinances, administrative rules, and the rental agreement and the rules of the park, and protection of the mobile home park at any reasonable time but not in a manner or at a time that would interfere with the Resident s quiet enjoyment except in an emergency. Landlord shall make a reasonable effort to notify Resident of their intention of entry upon the Lot prior to entry. 15. PARK RULES AND REGULATIONS: Resident agrees to abide, and to insure that Resident s family, guests, or invitees abide by all Park Rules and Regulations ( Rules ). Resident agrees that Landlord shall have the right to modify, amend, change or replace such Rules with thirty days written notice in Landlord s sole and exclusive discretion and at such time or times as Landlord may desire for the purpose of the safety and well-being of the residents and the park. Any amendments are considered as part of this agreement. Any breach or violation of such Rules is expressly declared to be a breach of this Agreement. 16. ANIMALS: No pets shall be brought onto the Lot. Service animals must be required and have proper documentation; they must be trained, properly controlled, restrained and cleaned up after. Owners agree to be held liable for the actions of their animals.
Page 4 of 11 17. INSTALLATION: Resident agrees that the manufactured home shall be installed (set-up and tieddown) in accordance with the State Manufactured Housing Standards Act and other applicable governmental statutes, ordinances, rules or regulations within 60 days of home moved onto the Lot. Such shall be Resident s responsibility including getting proper permits and Landlord shall in no way be liable or responsible for any improper installation. All skirting must contain an access door. 18. MAINTENANCE: At all times during the term of this Agreement, Resident shall comply with all the conditions regarding maintenance set forth in the Park Rules and, in addition, shall: (i) comply with all obligations imposed upon mobile home owners by applicable provisions of building, housing, and health codes; (ii) keep the mobile home and lot clean and sanitary; (iii) maintain the mobile home and lot in good condition and make all replacements and repairs necessary to accomplish the same; and (iv) keep the mobile home and lot free of rats, mice, roaches, fleas, ants, wood destroying organisms, and other pests. Resident shall keep the Lot mowed and free of trash, debris and other items that would be unsightly. Further Resident agrees to keep and maintain the exterior of the mobile home in good and attractive condition, satisfactory to Landlord. If Resident fails to keep the lawn and landscaping and exterior of the mobile home maintained in a condition satisfactory to Landlord, within fifteen (15) days after receiving notice from Landlord of the need to do the same, Landlord may have the work completed and Resident shall pay Landlord a fee in the amount set forth above for each maintenance that is performed by Landlord or actual cost for any work contracted out. 19. IMPROVEMENTS: Written approval from Landlord must be obtained before construction, installation or modification of any mobile home addition, attachments, outbuildings, fence, or other structure. (Note: Building permits may be required for certain installations.) All structures or improvements built, installed or modified by the Resident must be maintained by the Resident. Improvements, except a natural lawn, purchased and installed by a tenant on a mobile home lot shall remain the property of Resident even though affixed to or in the ground and may be removed or disposed of by Resident prior to the termination of the tenancy, provided, that a tenant shall leave the mobile home lot in substantially the same or better condition than upon taking possession. 20. LANDLORD RESPONSIBILITIES: Landlord shall maintain all shared and common areas free of weeds and junk, maintain roads and structures belonging to the park, make a reasonable effort to exterminate any pest infestation dangerous to the health and safety of residents, prevent the accumulation of stagnant water and to prevent the detrimental effects of moving water when such conditions are not the fault of the resident, and: (a) Keep shared and common areas reasonably clean, sanitary and safe from defects to reduce the hazard of fire or accident, allow seven days for this work to be completed; (b) Insure continuity of the utility service to the hook-ups as far as it is under their control, except when an interruption of a reasonable duration is required to make necessary repairs; A reasonable time for Landlord to start remedial action after receipt of written notice by Resident shall be, except where circumstances are beyond Landlord's control; (c) Not more than twenty-four hours, where the condition is imminently hazardous to life; (d) Not more than forty-eight hours, where Landlord fails to provide water or heat; (e) Subject to the provisions of subsections (a) and (b) of this section, not more than seven days in the case of a repair under 20(a) above; (f) Not more than thirty days in all other cases except as allowed below. In each instance the burden shall be on Landlord to see that remedial work under this section is
Page 5 of 11 completed with reasonable promptness. Where circumstances beyond Landlord's control, including the availability of financing, weather or other conditions prevent Landlord from complying with the time limitations set forth in this section, Landlord shall endeavor to remedy the defective condition with all reasonable speed. In situations where damage is not feasible to repair within the time allowed and the Resident should not remain on the lot in its defective condition the tenancy shall terminate with no liability to Landlord. No penalty shall be incurred by Resident for early termination. Nothing in this section shall impose a duty on Landlord to repair a defective condition, nor shall any defense, remedy or relief from penalties or eviction be available to Resident if the defective condition was the responsibility of or caused by the Resident, Resident s family, guest, pet, service animal, invitee, or other person acting under the Resident s control, or if a Resident unreasonably fails to allow access to the Lot for the purposes of repair. 21. TENANT RESPONSIBILITIES: It is the duty of the Residents to pay rent as agreed and to comply with all obligations upon tenants by this Agreement, the park rules and all municipal, county, and state codes, statutes, ordinances and regulations. In addition the Resident shall: (a) Properly dispose of all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by Resident on Resident's leased Lot, remove any unusable, unsightly or unregistered vehicles, ; (b) Not intentionally or negligently destroy, deface, damage, impair, or remove any facilities, equipment, furniture, furnishings, fixtures or appliances provided by Landlord, or permit any member of his family, invitee, pet, or licensee, or any person acting under his control to do so; (c) Not permit a nuisance or common waste; (d) Not act in a way or permit others to act in a way that disturbs neighbors or threatens their quiet enjoyment of their own lot, threatens their property, their safety, security, or well-being; (e) Maintain insurance on the mobile home unit in an amount equal to its full replacement cost. In the event of any fire or other casualty to the mobile home, Resident shall promptly restore the mobile home to its condition immediately prior to such casualty. If the mobile home is damaged to an extent that prompt repair cannot be effectuated, then Resident, at Resident's sole cost and expense, shall remove the mobile home from the Lot and replace the mobile home with another mobile home. Resident understands and agrees that all risk of loss for his or her mobile home and any improvements or personal property associated therewith shall be the sole responsibility of Resident; (f) Not allow any liens to be placed against the Park for monies owed by Resident and shall notify all persons performing work on mobile home that Resident is personally responsible for all amounts due and no liens are allowed against the Park; (g) Not engage in illegal drug-related activities; and (h) Not engage in any gang-related activities. 22. GUEST PARKING: Guests and Visitors shall park in their host s drive if space is available or on Robert Bush Drive, First Street, or at the bowling alley. They may not park in the lane at any time, (short term loading and unloading excepted) as this blocks visibility, prevents others from free movement through the park and would prevent free access to emergency vehicles. Due to the small size of the park, and lack of parking spaces, all parking within the Park is designated for tenant use. Guests may also not park on the grass of any unit or common area. A warning will be given at the first violation with subsequent violations subject to a parking fine of $20 for each occurrence. The fine is due within 10 days of receipt and if not paid by the guest shall become the responsibility of
Page 6 of 11 the Resident whose guest received the parking fine. Refusal of guest to comply shall result in the vehicle being towed upon notice to owner or Resident whose guest is the owner. 23. SUBLEASES: Resident shall not, without the prior written consent of Landlord, sublet this Agreement, or the lease made hereunder, or the Lot leased hereby or any interest therein. If Resident allows the Lot to be occupied by anyone other than Resident, Landlord may either evict such or collect rent and/or other charges due under this Agreement from the occupant as a lawful Resident of the Park or of the Lot, and in any such case, Resident shall remain liable to Landlord for all provisions of this Agreement. 24. ASSIGNMENT OF RENTAL AGREEMENT: A tenant who sells a mobile home, manufactured home, or park model within a park shall notify Landlord in writing of the date of the intended sale and assignment of the rental agreement at least fifteen days in advance of such intended transfer and shall notify the buyer in writing of the provisions of this section. Resident shall verify in writing to Landlord payment of all taxes, rent, and reasonable expenses due on the mobile home, manufactured home, or park model and mobile home lot. Landlord shall notify the selling tenant, in writing, of a refusal to permit transfer of the rental agreement at least seven days in advance of such intended transfer. Landlord may require the mobile home to meet applicable fire and safety standards if a state or local agency responsible for the enforcement of fire and safety standards has issued a notice of violation of those standards to Resident and those violations remain uncorrected. Upon correction of the violation to the satisfaction of the state or local agency responsible for the enforcement of that notice of violation, Landlord's refusal to permit the transfer is deemed withdrawn. Landlord shall approve or disapprove of the assignment of a rental agreement on the same basis that Landlord approves or disapproves of any new tenant, and any disapproval shall be in writing. Consent to an assignment shall not be unreasonably withheld. Failure to notify Landlord in writing, as required by RCW 59.20.073; or failure of the new tenant to make a good faith attempt to arrange an interview with Landlord to discuss assignment of the rental agreement; or failure of the current or new tenant to obtain written approval of Landlord for assignment of the rental agreement, shall be grounds for disapproval of such transfer. 25. ABANDONMENT: If Resident defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, Resident shall be liable for the following for such abandonment: (a) For month-to-month tenancy, Resident shall be liable for rent for the thirty days following either the date Landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs. (b) When the tenancy is greater than month-to-month, Resident shall be liable for the lesser of (a) The entire rent due for the remainder of the term; or (b) All rent accrued during the period reasonably necessary to re-rent the Lot at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by Landlord in rerenting the Lot together with statutory court costs and reasonable attorney's fees. Upon learning of such abandonment of the Lot Landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment. Landlord may immediately enter and take possession of any property of Resident found on the Lot and may store the same in any reasonably secure place.
Page 7 of 11 Landlord shall make reasonable efforts to provide notice to Resident containing the information of the sale as required by law. Notice for this section shall be satisfied by the mailing the notice by first-class mail, postage prepaid, to Resident's last known address and to any other address provided in writing by Resident or actually known to Landlord where Resident might receive the notice. Resident shall make a written request for the return of the property, and pay drayage and storage costs before Landlord has disposed of it in order to redeem property. After forty-five days from the date the notice of such sale or disposal is mailed or personally delivered to Resident, Landlord may sell or dispose of such property, including personal papers, family pictures, and keepsakes. Landlord has the right to file for possession of the mobile home as compensation. Landlord may apply any income derived from the sale against moneys due Landlord, including actual or reasonable costs whichever is less of drayage and storage of the property. If the property has a cumulative value of fifty dollars or less, Landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to Resident. Landlord shall make reasonable efforts, as defined in this section, to notify Resident. Any excess income derived from the sale of such property under this section shall be held by Landlord for the benefit of Resident for a period of one year from the date of sale, and if no claim is made or action commenced by Resident for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of Landlord, including any interest paid on the income. 26. TERMINATION BEFORE END OF TERM: Deposit shall be forfeited for termination of the tenancy before the end of the term except for the following conditions: (a) Resident may terminate the rental agreement upon thirty days written notice when a change in the location of Resident's employment requires a change in his residence, and shall not be liable for rent following such termination unless after due diligence and reasonable effort Landlord is not able to rent the lot at a fair rental. If Landlord is not able to rent the lot, Resident shall remain liable for the rent specified in the agreement until the lot is rented or the rental term ends. (b) Any tenant who is a member of the armed forces, including the National Guard and armed forces reserves, or that tenant's spouse or dependent, may terminate a rental agreement with less than thirty days notice if Resident receives reassignment or deployment orders which do not allow greater notice. Resident shall provide a copy of the notice of the reassignment or deployment order to Landlord no later than seven days after receipt. It is expressly provided, however, that orders authorizing base housing shall not constitute change-of-duty orders warranting termination by Resident. Such termination of this Agreement however, does not relieve Resident of past amounts still unpaid to Landlord. 27. TERMINATION OR EXPIRATION: Resident s right to occupancy shall end upon expiration of the term of this Agreement or may be terminated as follows: (a) In accordance with the terms and provisions in this Agreement relating to release of Resident, (b) At such other time as may be agreed to by the parties in writing, (c) Failure of any purchaser of a mobile home to obtain approval to become a Resident of the Park; (d) Nonpayment of rent or other charges specified in the rental agreement, upon five days written notice to pay rent and/or other charges or to vacate; (e) Substantial violation or repeated or periodic violations of the park rules as established and agreed to by Resident or for violation of Resident's duties. Resident shall receive written notice to cease the rule violation immediately. Failure to cease the violation immediately or any subsequent violation of that or any other rule shall result in termination of the tenancy, and Resident shall vacate the Lot within fifteen days. Repetition of the same violation shall result in termination. Resident may cease the violation, move or, as required by state law, Landlord and tenant shall submit any dispute to mediation within five days of a notice of eviction. The parties may agree in
Page 8 of 11 writing to mediation by an independent third party or through industry mediation procedures. If the parties cannot agree on an independent third party then mediation shall be through industry mediation procedures. A duty is imposed upon both parties to participate in the mediation process in good faith for a period of ten days. (f) Conviction of Resident of a crime, commission of which threatens the health, safety, or welfare of the other mobile home park tenants. Resident shall be given written notice of a fifteen day period in which to vacate. No opportunity to comply is available; (g) Failure of Resident to comply with local ordinances and state laws and regulations relating to mobile homes, manufactured homes, or park models within a reasonable time after Resident's receipt of notice of such noncompliance from the appropriate governmental agency; (h) Change of land use of the mobile home park with applicable notice including eminent domain; (i) Engaging in "criminal activity." "Criminal activity" means a criminal act defined by statute or ordinance that threatens the health, safety, or welfare of Residents. Evidence of a criminal conviction is not required. Notification of the seizure of illegal drugs or the requirement that any tenant or occupant register as a sex offender are grounds for eviction. Possession of drug paraphernalia or evidence of manufacture are grounds for eviction. If criminal activity is alleged to be a basis of termination, the park owner may proceed directly to an unlawful detainer action; (j) Resident's application for tenancy contained a material misstatement that induced the Landlord to approve Resident as a resident, and the Landlord discovers and acts upon the misstatement within one year of the time the resident began paying rent; (k) Landlord serves a tenant three fifteen-day notices to comply or vacate within a twelve-month period. The applicable twelve-month period shall commence on the date of the first violation; (l) Failure of Resident to comply with obligations imposed upon tenants by applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations. Landlord shall give Resident written notice to comply immediately or it will result in termination of the tenancy and Resident shall vacate the Lot within fifteen days; (m) Resident engages in disorderly or substantially annoying conduct upon the park Lot that results in the destruction of the rights of others to the peaceful enjoyment and use of the Lot. Landlord shall give Resident written notice to comply immediately. Failure to comply immediately will result in termination of the tenancy and Resident shall vacate the Lot within fifteen days; (n) Resident creates a nuisance that materially affects the health, safety, and welfare of other park residents. Landlord shall give Resident written notice to cease the conduct that constitutes a nuisance immediately. Failure to cease the conduct will result in termination of the tenancy and Resident shall vacate the Lot in five days; (o) Any other substantial just cause that materially affects the health, safety, and welfare of other park residents. Landlord shall give Resident written notice to comply immediately. Failure to comply will result in termination of the tenancy and Resident shall vacate the Lot within fifteen days; or (p) Failure to pay rent by the due date provided for in the rental agreement three or more times in a twelve-month period, commencing with the date of the first violation, after service of a five-day notice to comply or vacate. No opportunity to comply is available. 28. EMINENT DOMAIN: In the event that any governmental body or agency, or any entity which has the right of eminent domain, takes or condemns all or any part of the Lot or such portion of the Park that it is no longer reasonably suitable for use as a mobile home park for any public purpose by right of eminent domain (or any private purchase on lieu of the exercise of the right of eminent domain), this Agreement shall terminate on the date that possession of such property is taken. No part of any award or purchase price made or paid for such a partial or complete taking shall be apportioned. Resident hereby renounces, and assigns to Landlord, any claim, right, title or interest which Resident might have in any such award or purchase price. Landlord shall, however, have no claim to, nor
Page 9 of 11 assignment of, any award or payment to Resident for the taking, condemnation, or purchase of any personal property belonging to Resident and removable upon the termination of this Agreement other than any amounts owed to Landlord for said property. 29. SURRENDER UPON EXPIRATION OR TERMINATION: When Resident s right of occupancy has expired or is terminated, Resident shall pay all rental or other sums due or owed to Landlord and shall peacefully surrender possession of the Lot and remove all Resident s property; failure to surrender possession shall be deemed a breach of this Agreement and an eviction-processing fee of $50 will be assessed plus any legal and court costs. Any property left behind after Resident has moved out shall be considered abandoned and treated as such. See Section 26. 30. LANDLORD'S REMEDIES: If Resident is in default hereunder, Landlord may evict the Resident from the Lot, recover from Resident any past due rent or other charges due from Resident, accelerate the sums owing under this Agreement for the remaining term of this Agreement and any extension thereof and seek any remedy available to Landlord, whether at law or in equity. 31. LANDLORD S RIGHT TO REIMBURSEMENT: If Resident violates any local ordinance involving the park or fails to perform the obligations under the Agreement, Landlord may, at its sole election and in addition to any other remedies available under the provisions of this Agreement, cure such default, and in any such event, all reasonable sums paid or advanced by Landlord shall be payable to Landlord within three (3) days after Landlord's written demand. All sums so advanced by Landlord shall bear interest, until paid, at the maximum rate then permitted to be charged under the laws of the State of Washington. 32. TRANSFER OF LANDLORD S INTEREST: In the event that Landlord sells, assigns or otherwise transfers its interest including security deposits, in the Lot, this Agreement shall be binding on the purchaser, assignee or transferee with such agreement, including receipt for security deposits, in writing and signed by the purchaser, assignee or transferee. 33. INDEMNIFICATION: Resident hereby agrees to indemnify and hold Landlord harmless for any injury or death to any person or damage to any property arising out of the use of the Park by Resident, Resident s family, agents, employees, pets, service animals, guests or invitees. Resident is to notify Landlord immediately of any unsafe or unsanitary conditions in the Park or upon Park property. Landlord shall not be liable for any damages or expenses arising out of the actions or negligence on the part of any other Residents or their families, agents, employees, guests, invitees, pets or service animals. Landlord shall not be liable for any loss by reason of damage, theft, or otherwise to the contents, belongings, motor vehicles, other vehicles or personal effects of Resident, Resident s family, guests, agents, employees, invitees, etc. Resident agrees to pay Landlord for any damages caused by Resident, Resident s family, agents, employees, guests or invitees, pets or service animals, whether such damage is caused by said Resident, said Resident s family, agents, employees, guests or invitees, pets or service animals. 34. NO WAIVERS: No failure by Landlord to enforce any provision of this Agreement after default or breach by Resident shall be deemed a waiver of Landlord s right subsequently to enforce any and all provisions of this Agreement upon any other or further default or breach on the part of Resident. All remedies contained herein are cumulative and agreed to by the parties without impairing any rights or remedies of Landlord, whether herein referred to or not. The obligation of Resident to pay rent shall not be deemed to be waived, released or terminated by the service of a notice to vacate, notice to terminate, notice of breach, demand for possession, or institution of any legal action against Resident. The acceptance of any rentals or other sums due shall not be construed as a waiver of any
Page 10 of 11 default or breach by Resident, nor shall such acceptance reinstate, continue or extend the term of this Agreement of affect any notice, demand or suit in connection with such Agreement. No payment by Resident or receipt by Landlord of an amount less than the total rental and charges due shall be deemed to be other than on account of the rent and charges due, nor shall any endorsement on any check nor any letter accompanying such partial payment be deemed an accord and satisfaction, and Landlord may accept such partial payment without prejudice to Landlord s rights to collect the balance of rent and charges due. 35. MISCELLANEOUS: (a) Time is of the essence of this Agreement. (b) This Agreement shall be governed by the laws of the State of Washington. Any filing of suits or other proceedings with respect to this Agreement shall be in the county in which the Park is located. (c) The land the park sits on is zoned commercial with mobile home parks as an approved use. (d) In any action arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. (e) All references to Resident herein shall include and mean all occupants of the manufactured home as set forth in the Application. The term Landlord shall include and refer to the Park Manager or other designated representative of Landlord. (f) All the terms of this Agreement shall be binding upon and for the benefit of the heirs, personal representatives, successors, and permitted assigns of Landlord and Resident, subject to the requirements specifically mentioned in this Agreement. (g) If any provision of this agreement or its application to any person or circumstance is held invalid, the remainder of the agreement, or the application of the provision to other persons or circumstances is not affected. 36. NOTICES: Any notice required to be given to a resident, unless stated otherwise in this Agreement, must be delivered personally to Resident; or if Resident is absent from the mobile home, by affixing a copy of the notice in a conspicuous place on the mobile home, and also sending a copy through the mail addressed to Resident at Resident's last known address. Written notices to management of the park may be delivered personally or by mail to Best Properties. 37. ADDRESSES OF INTEREST PARTIES: State law requires a forwarding address for Resident; name and address of someone who knows how to find the resident in case of emergency or abandonment of mobile home; name and address of Landlord or Landlord s agent; and name and address of any party with a secured interest in the mobile home. Residents Emergency contact Landlord - Best Properties LLC - Don Hayward, Manager - PO Box 12687, Olympia, WA 98508 38. AMENDMENTS: The Agreement, along with the Park Rules and Regulations, plus any Addendums attached, constitutes the entire agreement between the parties; Resident certifies that no other representations, either written or oral, were made by Landlord or relied on by Resident as an inducement for the execution of, or as consideration for, this Agreement. Resident acknowledges receipt of a copy of each of these documents and agrees that such shall not be modified or amended except as may hereafter expressly be set forth in writing and executed by the parties or except as may otherwise be provided herein. 39. ADDENDUMS:
Page 11 of 11 40. STATE LAW REQUIRES THE FOLLOWING STATEMENT: "The park may be sold or otherwise transferred at any time with the result that subsequent owners may close the mobile home park, or that Landlord may close the park at any time after the required notice." There is no plan to do so at this time. Landlord shall give the Residents twelve months' notice in advance of the effective date of any such change. EXECUTED on. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING. Resident acknowledges having read and understood all of the terms and provisions of this Agreement and agrees to be bound thereby. (Resident signature) (Print Resident name) (Joint Resident signature) (Print Joint Resident name) Manager - Briarwood Park and Apartments