RESIDENTIAL LEASE AGREEMENT THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT READ IT CAREFULLY THIS LEASE, made and entered into this 1 st day of September, 2009, between SCOTT ATKINS, of Minden, NV, hereinafter referred to as Landlord and <Tenant>, of Clarksburg, CA, hereinafter referred to as Tenant. WITNESSETH: 1. PREMISES. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the premises, hereinafter called the Premises, located at 39600 South River Rd, in the town of Clarksburg, County of Yolo, State of California, together with the furniture and appliances, if any, noted on Schedule A attached hereto and incorporated herein. 2. TERM. The term of this lease shall be for a period of one year, commencing <Start Date> and ending <End Date>. 3. CONDITION OF PREMISES. Tenant agrees and acknowledges that they have completely inspected the Premises, and accepts the same in the condition which they are currently. All plumbing, heating, and electrical systems are operative and deemed satisfactory. 4. RENT. Tenant is to pay a total rent of $16,200.00 for the terms of this lease, payable as follows. For each and every calendar month during the term of this Lease, commencing <Start Date>, Tenant shall pay to Landlord, on or before the first day of each month, without notice or demand, fixed rent in the amount of $1350.00 per month. Tenant shall pay Landlord at Landlord s address, or at any other address designated by Landlord in writing. 5. LOCKOUT/LOST KEYS. In the event a tenant has locked themselves out of the house, they have the option of calling a locksmith to open the premises or calling the Landlord. The Landlord will charge $50 for each lockout call. In the event tenant has lost all of the keys and needs the Landlord to supply a new set of keys, the Landlord will charge $25.00 for a set of two keys. 6. PENALTIES. If entire rent due is not received or postmarked by the 5 th of any month, 6% of rent rate may be added to the amount due as a late charge. Tenant agrees to pay the maximum the law allows for all checks returned by the bank. After two returned checks, Tenant agrees to pay with only certified checks for the next 12 month period. Tenant agrees that payments, at the Page 1 of 10 Resident Initial: Agent Initial:
option of the Landlord, may be credited in the following order: Late fees, NSF charges, repair charges, notice serving charges, other charges, rent, unless otherwise stipulated and agreed to by all parties. Acceptance of any partial payment does not relieve Tenant of the obligation to pay any outstanding balance due. 7. SECURITY DEPOSIT. Tenant shall deposit with Landlord, as a security deposit, the sum of <Security Deposit> prior to taking possession. The deposit is not, and may not be applied by the Tenant as a last month rent. No interest will be paid on the security deposit. Landlord may use therefrom such amounts as are reasonably necessary to remedy Tenant s defaults in the payment of rent, to repair damages caused by Tenant, and to clean the premises upon termination of tenancy. If used toward rent or damages during the term of tenancy, Tenant agrees to reinstate said total security deposit upon five days written notice delivered to Tenant in person or by mailing. Balance of security deposit, if any, together with a written itemized accounting shall be mailed to Tenant s last known address within three weeks of surrender of the Premises. Tenant will not be deemed to have vacated the premises unless and until the keys have actually been personally delivered to the property manager AND unless and until all personal belongings have been removed from the interior and exterior of the premises. It is not sufficient for the Tenant to leave the keys in the residence. 8. OCCUPANTS. The Premises are leased for use as a residence solely by the following named persons: <Occupants>. No other persons other than those listed above may reside in the premises. All persons listed are subject to all of the terms and provisions of this agreement. No other persons, regardless of age may occupy or reside at the premises. Anyone residing, including but not limited to staying overnight at the premises more than three (3) days in any thirty (30) day period shall be considered an unauthorized subtenant and an incurable violation of the rental agreement. 9. USE. Tenant will not use, permit or suffer the use of the Premises for any other purpose. Tenant shall keep the Premises clean and free of rubbish. Tenant shall maintain a safe distance from heating units and flammable materials. Tenant, guests, invitees or visitors shall not disturb, annoy, endanger or interfere with any neighbors, nor use the Premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance upon or about the premises. Tenant is responsible for the conduct of guests as though Tenant engaged in the violating conduct. Tenant shall make no changes in Tenant s use of the Premises, as permitted herein, without Landlord s prior written consent. Landlord s consent shall be at his sole discretion. 10. HOLD HARMLESS. Tenant shall indemnify, defend, and hold Owner/Landlord harmless and free from liability, loss, and expense for loss or Page 2 of 10 Resident Initial: Agent Initial:
damage to property, and injury or death to persons, caused by the acts or negligence of Tenant or his guests or invitees occurring on the premises, except to the extent caused by the acts of the Owner/Landlord, its agents, or employees. Tenant assumes full responsibility for any and all property of Tenant or third persons under Tenant s control placed, stored, or located on the premises. Owner/Landlord and Landlord s employees and agents are not responsible for personal injury or property damage caused by the act or omission of another person, whether such act or omission was negligent, intentional, or criminal, and whether or not such act or omission was foreseeable. Tenant shall promptly notify Owner/Landlord or Owner s agent of any illegal or criminal activity in, or near the premises of which Tenant has knowledge. 11. VEHICLES. Every vehicle must be operational (no flats, broken windows, etc.), have current registration, be parked in designated parking areas, and belong to a current resident of the property or it is subject to being towed. Vehicle repair is not permitted on the premises. 12. UTILITY CHARGES. All charges for electricity, water, gas, telephone, sewer service, garbage, and any other utility services used by Tenant in connection with its occupancy or use of the Premises, together with connection, tank rental, and service charges shall be paid by Tenant. Upon taking possession, tenant is responsible for notifying applicable utility companies of account ownership changes. Upon taking possession, an estimate will be made as to the fair market value of the propane left in the tank. Tenant is responsible for payment of this amount to Landlord. Upon surrender of property, an estimate will be made as to the fair market value of the propane left in the tank. Landlord will be responsible for payment of this amount to the Tenant. 13. PETS. No animal, bird, or pet shall be kept on or about the Premises without Landlord s prior written consent. 14. SMOKING. Smoking is not permitted inside the premises or any of the outbuildings on the property, nor in any common areas that may affect other residents. A proper receptacle must be provided for the collection of cigarette/cigar butts for any persons wishing to smoke outside. Under no circumstances should cigarette/cigar butts be left on the ground anywhere on the property. 15. EXPIRATION OF LEASE. After the expiration date this agreement becomes a month to month tenancy which, except as prohibited by law, may be terminated by either party after service upon the other of a written 30 or 60 Day Notice of Termination of Tenancy as required by law. In the event either party wishes to end the tenancy at the end of the lease period a written thirty day notice is required. Any holding over thereafter shall result in Tenant Page 3 of 10 Resident Initial: Agent Initial:
being liable to Landlord for rental damages at the fair rental value of $50.00 per day. All other terms and conditions herein shall remain in full force and effect during any such holding over. 16. RULES AND REGULATIONS. Tenant agrees to comply with all reasonable rules or regulations posted on the Premises or delivered to Tenant by Landlord. 17. ALTERATIONS. Except as provided by law, any modifications, improvements, and/or remodeling shall be subject to prior approval by Landlord in writing. Any permanent improvements shall become the property of the Landlord upon termination of this agreement without any additional compensation being due to the Tenant. Tenant agrees to hold Landlord harmless for any injuries sustained while making alterations to the property. Tenant also agrees that any contractor hired will carry the required licenses and insurance to protect Landlord from any property liens. Tenant will not change locks at any time without the Landlord s prior written consent. Tenant will not install keyed locksets on the interior of the house without prior written consent, and will provide Landlord with a key to the lockset. Tenant will also provide Landlord with access to re-key the lock to allow use of a master key for access. 18. REPAIRS. Tenant shall notify Landlord in writing of any repairs requested/required. Tenant shall hold the Landlord harmless as to any mechanics lien recordation or proceeding caused by Tenant. 19. PERSONAL PROPERTY. Tenant shall keep the Premises and furniture, furnishings and appliances, if any, and fixtures which are leased for their exclusive use in good order and condition and pay for any repairs to the Premises caused by Tenant s or Tenant s invitees negligence or misuse of the Premises. Landlord shall otherwise maintain the Premises, except as provided for in Paragraph 21 herein below. Tenant s personal property is not insured by Landlord and Landlord recommends that Tenant purchase insurance to protect Tenant s interest in case of damage or injury caused by Resident. Landlord shall not be liable for any loss, damage, theft, or destruction of any of Tenant s personal property. 20. LANDLORD S ACCESS. Upon not less than 24 hours advance notice, Tenant shall make the Premises available during normal business hours to Landlord or his authorized agents or representatives, for the purpose of entering (a) to make necessary agreed repairs, decorations, alterations or improvements or to supply necessary or agreed services, (b) to inspect the premises, and (c) to show the premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors. In an emergency, Landlord, his agent or authorized representative may enter the Premises at any time without Page 4 of 10 Resident Initial: Agent Initial:
securing prior permission from Tenant for the purpose of making corrections or repairs to alleviate such emergency. Tenant hereby waives any claim for damages for any loss occasioned by any such entry. 21. MAINTENANCE. Tenant is responsible for yard maintenance including, but not limited to watering and mowing lawns, weed control, and raking. Tenant shall inform the Landlord of any condition which appears to be evidence of disease to lawns, gardens, trees, and shrubs. Tenant is responsible for control of minor pest infestations such as ants, flies, moths, spiders, etc. at Tenant s expense. Tenant is responsible for annual cleaning of the woodstove chimney if the woodstove is used for winter heating at Tenant s expense. Tenant is responsible for quarterly replacement of the central heating and air conditioning filter at Tenant s expense. Landlord will replace all smoke detector batteries and test smoke detectors prior to occupation. Tenant is responsible for annual replacement of smoke detector batteries on the anniversary of this agreement at Tenant s expense. Landlord will replace the water filters prior to occupation. Tenant is responsible for replacement of water filters when needed at Tenant s expense. If Tenant decides to not use the filters, they may elect to remove the filter elements. Tenants are responsible for minor maintenance including, but not limited to, replacing light bulbs and minor plumbing clogs at Tenant s expense. 22. MOLD NOTIFICATION. It is the Landlord s objective to maintain the highest quality living environment for any and all residents. You are hereby notified that mold can grow if the premises that you rent is not properly maintained and ventilated. If moisture is allowed to accumulate in the dwelling, it can cause mildew and mold to grow. It is important that all Tenants regularly allow air to circulate in the premises. It is also important that tenants keep the interior of the premises clean and that you promptly notify the Landlord of any leaks, moisture problems, and/or mold growth. Tenant is responsible for maintenance of the premises in a manner that prevents the occurrence of the existence of mold or mildew in the tenancy premises. 23. ASSIGNMENT. Tenant shall not let or sublet all or any part of the Premises nor assign this Lease or any interest in it without the prior written consent of Landlord. Page 5 of 10 Resident Initial: Agent Initial:
24. ABANDONMENT. If Tenant abandons or vacates the Premises, Landlord may at his option terminate this Lease, and regain possession in the manner prescribed by law. 25. PREVAILING PARTY. If any legal action or proceedings is brought by either party to enforce any part of this Lease, the prevailing party shall recover, in addition to any and all other relief, reasonable attorney s fees and costs. The parties may fully enforce the terms and conditions of this agreement as set forth herein, in addition to any and all remedies available under the laws of the State of California. 26. TIME IS OF THE ESSENCE. Time is of the essence of this agreement and of each and every provision hereof. 27. NOTICES. Notice upon Tenant shall be served as provided by law. Notice to Landlord shall be served at Landlord s address, 856 Longleaf Place, Minden, NV, 89423 or at any other address designated by Landlord in writing. 28. COUNTERPARTS. This lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. 29. AMENDMENT. This Lease may not be amended or altered except by an instrument in writing executed by Landlord and Tenant. 30. PARTIAL INVALIDITY. Any provision of the Lease that is unenforceable or invalid or the inclusion of which would adversely affect the validity. Legality, or enforcement of this Lease shall have no effect, but all the remaining provisions of this Lease shall remain in full force. 31. GOVERNING LAW. The validity, meaning and effect of this Lease shall be determined in accordance with California Law. 32. FULL FORCE CERTIFICATION. Within 10 days after written notice, Tenant agrees to execute and deliver a certificate as submitted by Landlord acknowledging that this agreement is unmodified and in full force and effect or in full force and effect as modified and stating the modifications. Failure to comply shall be deemed Tenant s acknowledgment that the certificate as submitted by Landlord is true and correct and may be relied upon by any lender or purchaser. 33. SUCCESSORS. All rights and duties of Tenant and Landlord hereunder shall inure to the benefit of and are binding upon their respective heirs, executors, administrators, successors in interest and assigns. Page 6 of 10 Resident Initial: Agent Initial:
34. NON-WAIVER. No failure by Landlord to demand performance by Tenant of any covenant of this Lease shall be construed as a waiver thereof, nor shall any practice between the parties hereto be construed to waive the right of Landlord to enforce performance by Tenant of all terms of this Lease. No acceptance of rent with knowledge of any breach shall be deemed a waiver thereof. 35. SUBORDINATION. Tenant shall, when requested by Landlord, promptly execute and deliver such written instruments as shall be deemed necessary to subordinate this Lease to all mortgages or other instruments in the nature of a mortgage, provided that the holder of such mortgage or other secured party agrees in writing with Tenant, in the event of a foreclosure or similar action, to recognize Tenant, so long as Tenant is not in default hereunder, pursuant to the terms of this Lease. 36. THIRD PARTY BENEFICIARIES. Nothing in this Lease is intended to create any third-party beneficiaries. 37. SURRENDER. Upon the termination of this Lease or Tenant s right to possession of the Premises, Tenant will surrender the Premises, together with all keys, in good condition and repair, reasonable wear and tear excepted. Conditions existing because of Tenant s failure to perform or notify Landlord to perform maintenance, repairs, or replacements will not be deemed reasonable wear and tear. Tenant agrees that if they must vacate the premises prior to the expiration of this agreement, Tenant will be responsible for all costs associated with locating a replacement Tenant. These costs include but are not limited to all advertising, leasing fees at regular current rate, and costs of signage. Tenant is also responsible for all rent and other charges until a replacement Tenant has signed a new lease or the lease expires. Page 7 of 10 Resident Initial: Agent Initial:
IN WITNESS WHEREOF, THE parties hereby execute this Lease as of the date set forth below. The undersigned Tenant acknowledges having read the foregoing prior to execution and receipt of a copy hereof. Dated: <Tenant>, Tenant Dated: SCOTT ATKINS, Landlord Page 8 of 10 Resident Initial: Agent Initial:
SCHEDULE A Fixtures, Appliances, and Furniture NONE OR AS LISTED BELOW XXX: Wood burning insert Electric water heater Electric cooktop Electric oven Central heating and air conditioning Well water pump, tank, filters, and related hardware Initials: Tenant Landlord Page 9 of 10 Resident Initial: Agent Initial:
SCHEDULE B Pets NONE OR AS LISTED BELOW : Initials: Tenant Landlord Page 10 of 10 Resident Initial: Agent Initial: