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2014-014sAlegal \our documents \ordinances \14 \shiron 0.418 ordinance.doc ORDINANCE NO. 2014 -014 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT OF SALE, BY AND BETWEEN THE CITY OF DENTON, TEXAS ( "CITY "), AS BUYER, AND SHIRON INVESTMENTS, LLC, A TEXAS LIMITED LIABILITY COMPANY (THE "OWNER "), AS SELLER, TO ACQUIRE FEE SIMPLE TO A 0.418 ACRE TRACT SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING GENERALLY LOCATED AT 781 AND 801 SOUTH MAYHILL ROAD; FOR THE PURCHASE PRICE OF ONE HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($160,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE (THE "AGREEMENT "), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A "; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute for and on behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "A ", with a purchase price of $160,000.00, as prescribed in the Agreement; and (ii) any other documents necessary for closing the transactions contemplated by the Agreement. SECTION 2. The City Manager is authorized to make expenditures in accordance with (i) the terms of the Agreement; and (ii) Ordinance No. 2012 -073, dated April 17, 2012, pertaining to relocation related expenses and advisory services. SECT IQN 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval..__....mm.�_ PASSED AND APPROVED this the day of , f_, Ifil ' u P� MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:, . . . . . . ......... ............. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: . ..... . . . ...... . ...... Page 2 STATE OF TEXAS § COUNTY OF DENTON § EXHIBIT "A" TO ORDINANCE CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract ") is made this %61L day of C'-E on 66 ekk- , 2013, effective as of the date of the execution hereof by Buyer, as defined herein (the "Effective Date "), by and between Shiron Investments, LLC, a Texas limited liability company (referred to herein as "Seller ") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer "). RECITALS WHEREAS, Seller owns that certain tract of land being more particularly described on Exhibit "A ", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land "); and WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property "). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller, subject to the limitation of such reservation made herein, shall reserve, for itself, its, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and /or related to exploration and /or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and /or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid jointly to Seller for the Property is the sum of One Hundred Sixty Thousand and No /100 Dollars ($160,000.00) (the "Purchase Price "). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No /100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288 , Suite 125, Denton, Texas, 76205, (the "Title Company "), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No /100 Dollars ($100.00) (the "Independent Contract Consideration "), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in Contract of Sale Page 2 of 21 addition to, and independent of any other consideration or payment provided in this Contract, is non - refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. (a) Within twenty (20) calendar days after the Effective Date, Seller shall cause to be furnished to Buyer a current Commitment for Title Insurance (the "Title Commitment ") for the Property, issued by Title Company. The Title Commitment shall set forth the state of title to the Property, including a list of liens, mortgages, security interests, encumbrances, pledges, assignments, claims, charges, leases (surface, space, mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements (temporary or permanent), rights -of -way, encroachments, or any other outstanding claims, interests, estates or equities of any nature (each of which are referred to herein as an "Exception "). (b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at Buyer's sole cost and expense, true and correct copies of all instruments that create or evidence Exceptions (the "Exception Documents "), including those described in the Title Commitment as exceptions to which the conveyance will be subject and /or which are required to be released or cured at or prior to Closing. 3.02 Survey. Within thirty (30) calendar days after the Effective Date, Seller shall cause to be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey "). The contents of the Survey shall be prepared by a surveyor selected by Buyer and shall include the matters prescribed by Buyer, which may include but not be limited to, a depiction of the location of all roads, streets, easements and rights of way, both on and adjoining the Property, water courses, 100 year flood plain, fences and improvements and structures of any kind. The Survey shall describe the size of the Property, in acres, and contain a metes and bounds description thereof. Seller shall furnish or cause to be furnished any affidavits, certificates, assurances, and /or resolutions as required by the Title Company in order to amend the survey exception as required by Section 3.05, below. The description of the Property as set forth in the Survey, at the Buyer's election, shall be used to describe the Property in the deed to convey the Property to Buyer and shall be the description set forth in the Title Policy. 3.03 Review of Title Commitment, Survey and Exception Documents. Buyer shall have a period of fifteen (15) calendar days (the "Title Review Period ") commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception Documents, in which to give written notice to Seller, specifying Buyer's objections to one or more of the items ( "Objections "), if any. All items set forth in the Schedule C of Contract of Sale Page 3 of 21 the Title Commitment, and all other items set forth in the Title Commitment which are required to be released or otherwise satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within twenty (20) calendar days after Seller is provided notice of Objections, either satisfy the Objections at Seller's sole cost and expense or promptly notify Buyer in writing of the Objections that Seller cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller shall, in any event, be obligated to cure those Objections or Exceptions that have been voluntarily placed on or against the Property by Seller after the Effective Date. If Seller fails or refuses to satisfy any Objections that Seller is not obligated to cure within the allowed twenty (20) calendar day period, as may be extended by Buyer, in its sole and absolute discretion, then Buyer has the option of either: (a) waiving the unsatisfied Objections by, and only by, notice in writing to Seller prior to Closing, in which event those Objections shall become Permitted Exceptions (herein so called), or (b) terminating this Contract by notice in writing prior to Closing and receiving back the Earnest Money, in which latter event Seller and Buyer shall have no further obligations, one to the other, with respect to the subject matter of this Contract. 3.05 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, shall cause a standard Texas Owner's Policy of Title Insurance ( "Title Policy ") to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring that Buyer has indefeasible fee simple title to the Property, subject only to the Permitted Exceptions. The Title Policy may contain only the Permitted Exceptions and shall contain no other exceptions to title, with the standard printed or common exceptions amended or deleted as follows: (a) survey exception must be amended if required by Buyer to read "shortages in area" only (although Schedule C of the Title Commitment may condition amendment on the presentation of an acceptable survey and payment, to be borne solely by Buyer, of any required additional premium); (b) no exception will be permitted for "visible and apparent easements" or words to that effect (although reference may be made to any specific easement or use shown on the Survey, if a Permitted Exception); (c) no exception will be permitted for "rights of parties in possession ", unless agreed otherwise by Buyer; (d) no liens will be shown on Schedule B. Contract of Sale Page 4 of 21 Notwithstanding the enumeration of the following exceptions, amendments and /or deletions, Buyer may object to any Exception it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the day after the Effective Date of this Contract and ending sixty (60) calendar days thereafter (the "Absolute Review Period "), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non - confidential and non - privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, unless specifically provided otherwise herein, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property and the owners thereof being the Seller, as set forth in this Contract, is complete, accurate, true and correct. (b) There are no adverse or other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof, except those described in the Leases, as defined in Article V, Section 5.02(a). (c) Seller has good and marketable fee simple title to the Property, subject only to the Contract of Sale Page 5 of 21 Permitted Exceptions. (d) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder, each party executing this Contract for and on behalf of Seller has been duly authorized to act in such behalf to bind Seller to the terms hereof, and this Contract is valid and enforceable against Seller as provided herein. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons. (f) The Seller has disclosed to Buyer in writing of any and all facts and circumstances relating to the physical condition of the Property that may materially and adversely affect the Property and operation or intended operation thereof, or any portion thereof, of which Seller has knowledge. (g) The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens. (h) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (i) To the best of Seller's knowledge, there has not occurred the disposal or release of any Hazardous Substance to, on or from the Property. As used in this Contract, "Hazardous Substance" means and includes all hazardous and toxic substances, waste or materials, chemicals, and any pollutant or contaminant, including without limitation, PCB's, asbestos, asbestos - containing material, petroleum products and raw materials, that are included under or regulated by any Environmental Law or that would or may pose a health, safety or environmental hazard. As used in this Contract, "Environmental Law" means and includes all federal, state, and local statutes, ordinances, regulations and rules presently in force or hereafter enacted relating to environmental quality, contamination, and clean -up of Hazardous Substances, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, Toxic Substance Control Act, 15 U.S.C. 2601, et seq., and state Contract of Sale Page 6 of 21 superlien and environmental clean -up statutes and all rules and regulations presently or hereafter promulgated under or related to said statutes, as amended. (j) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and, any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property on or before the date of Closing. (k) The Seller is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Unless stated otherwise, within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with respect to the Property, true, correct, and complete copies of the following: (i) All lease, sub -lease and /or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases "). (ii) All environmental audits, soil tests and engineering and feasibility reports, including any and all modifications, supplements and amendments thereto, with respect to the Property that Seller possesses or has the right to receive. (b) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, sublease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease, sublease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached Contract of Sale Page 7 of 21 or perfected, any lien, encumbrance, or charge thereon, or amend or modify any of the Leases. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. 5.02A Covenants and Agreements of Buyer. Buyer covenants and agrees with Seller as follows: (a) From the Effective Date until the date of Closing, Seller may: (i) Remove from the residential structure located at the physical address of 801 Mayhill Road, being a part of the Property, the stove, refrigerator and HVAC system. (ii) Remove from the residential structure located at the physical address of 781 Mayhill Road, being a part of the Property, the stove and refrigerator. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and (b) Seller cures or Buyer waives in writing, within the time periods specified in Article III, all of Buyer's objections made in accordance with Article III. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Contract of Sale Page 8 of 21 Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be not prior to January 15, 2014 and not after January 30, 2014, on a date mutually agreed to Buyer and Seller unless otherwise mutually agreed upon by Buyer and Seller. In the event a Closing Date shall not be agreed upon by Buyer and Seller, the Closing Date shall be January 30, 2014. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller, shall deliver or cause to be delivered to Buyer or the Title Company for the benefit of Buyer, at the expense of the party designated herein, the following items: (i) The Title Policy, in the form specified in Article III, Section 3.05; (ii) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "B ", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; Contract of Sale Page 9 of 21 (iii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) Buyer. At the Closing, Buyer shall deliver to Seller jointly or the Title Company for the joint benefit of Seller, except as otherwise provided herein, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between each applicable Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 7.04 Possession at Closing. Possession of the Property, subject to the Relocation Ordinance, as defined below, shall be delivered to Buyer at Closing. 7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Contract of Sale Page 10 of 21 Denton County, Texas. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Seller's part required within the, time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VII, Section 7.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific perlbrmance ol` this Contract against Seller, requiring Seller to convey the Property to Buyer subject i:o no liens, encumbrances, exceptions, and conditions other than those shown on the Title Conimitnient, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 Buyer's Default and Seller's Remedies. Contract of Sale Page 11 of 21 (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VII, Section 7.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or (ii) Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered and received, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: BUYER: Shiron Investments, LLC City of Denton :Sv I+&)SO&) Paul Williamson Real Estate and Capital Support q q 0q Ca k eS T k Tts Fr 901 -A Texas Street &, ®" Denton, Texas 76209 9 f x - 6 1- 70 y _.......... Telecopy: (940) 349 -8951 Copies to: For Seller: For Buyer: Richard Casner, First Assistant City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Contract of Sale Page 12 of 21 Telecopy: —. .... _. Telecopy: (940) 382 -7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties, subject to the Relocation Ordinance, and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 9.05 Risk of Loss. If any damage or destruction to the Property, including without limitation, any improvements located on the Land, shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction to the Property, including, without limitation, any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned, in form and substance satisfactory to Buyer, by Seller to Buyer at Closing, all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as Contract of Sale Page 13 of 21 described above, Closing shall be held five (5) business days after such final settlement. 9.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and /or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and /or deliver, or cause to be performed, executed and /or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 9.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Vance Kemler, Solid Waste General Manager of Buyer, or his designee. 9.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 9.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012 -073 (the "Relocation Ordinance "), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. 9.13 Related Contract. Buyer and Seller have entered into a Contract of Sale (the "Related Contract ") on or about even date hereof, contemplating the sale and purchase of certain other real property interests contiguous to the Property referenced in this Contract of Sale. Notwithstanding anything to the contrary in this Contract of Sale, it is a condition precedent to Seller's obligation to close the transaction contemplated herein that the transaction contemplated by the Related Contract between Seller and Buyer also closes. Both Contracts of Sale referenced herein must close on the same calendar day, or none will close unless otherwise agreed to Buyer and Seller. Contract of Sale Page 14 of 21 SELLER- Shiron Investments, LLC, a Texas limited liability company By � lzii4i= 9- � Hj IS Lf�2— Name: ,5c)-/\3 Title: 0 U-) NBC D� 2013. Executed by Seller on the 16 Y-L day of 6 BUYER: By GEORGE C. CAMPBELL, CITY MANAGER Executed by Buyer on the —S�— day of 20e ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A Irl D AS' LEGAL FORM: PPR'�, F, ANITA BURGESS, CITY ATTORNEY BY: Contract of Sale Page 15 of 21 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with the terms and provisions of this Contract to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381 -1006 Telecopy: (940) 898 -0121 Printed Name: Title: Contract receipt date: �..� 2013 Contract of Sale Page 16 of 21 EXHIBIT "A" Legal Description Of Property BEING all that certain lot, tract or parcel of land, situated in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Shiron Investments, LLC., recorded under Instrument Number 2007 - 34590, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "Coleman' found for the northwest corner of said Shiron tract and a westerly corner of a tract of land described by deed to the City of Denton, recorded in Volume 2431, Page 843, Deed Records, Denton County, Texas, and being in the apparent east line of Mayhill Road; THENCE South 88 degrees 37 minutes 28 seconds East, with the north line of said Shiron tract and a south line of said City of Denton tract, a distance of 134.94 feet to a 1/2 inch iron rod with cap stamped "Coleman" found for the northeast corner of said Shiron tract and an inner ell corner of said City of Denton tract; THENCE South 01 degrees 59 minutes 44 seconds West, with the east line of said Shiron tract and a west line of said City of Denton tract, a distance of 134.97 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner in the east line of said Shiron tract and a west line of said City of Denton tract; THENCE North 88 degrees 50 minutes 43 seconds West, over and across said Shiron tract, a distance of 134.59 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the west line of said Shiron tract and the said east line of Mayhill Road; THENCE North 01 degrees 50 minutes 42 seconds East, with the west line of said Shiron tract and the said east line of Mayhill Road, a distance of 135.49 feet to the POINT OF BEGINNING and containing 0.418 acres of land, more or less. Contract of Sale Page 17 of 21 EXHIBIT "B" to Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Shiron Investments, LLC, a Texas limited liability company (herein called "Grantor "), for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (herein called "Grantee "), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, subject to the reservations set forth below, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A ", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property "). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns shall not have Contract of Sale Page 18 of 21 and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the it `- day of , Ece �� 2013. Shiron Investments, LLC, a Texas limited liability company By: Name: Title: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on O Shiron Inve id Investments, LLC, a Texas limited liability company, on behalf of said limb of limited liability company. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, TX 76209 Contract of Sale Page 20 of 21 Notary Public, State of Texas My commission expires:..._ Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 EXHIBIT "A" TO SPECIAL WARRANTY DEED Legal Description Of Property BEING all that certain lot, tract or parcel of land, situated in the Gideon Walker Survey, Abstract Number 1330, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Shiron Investments, LLC., recorded under Instrument Number 2007 - 34590, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "Coleman' found for the northwest corner of said Shiron tract and a westerly corner of a tract of land described by deed to the City of Denton, recorded in Volume 2431, Page 843, Deed Records, Denton County, Texas, and being in the apparent east line of Mayhill Road; THENCE South 88 degrees 37 minutes 28 seconds East, with the north line of said Shiron tract and a south line of said City of Denton tract, a distance of 134.94 feet to a 1/2 inch iron rod with cap stamped "Coleman" found for the northeast corner of said Shiron tract and an inner ell corner of said City of Denton tract; THENCE South 01 degrees 59 minutes 44 seconds West, with the east line of said Shiron tract and a west line of said City of Denton tract, a distance of 134.97 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner in the east line of said Shiron tract and a west line of said City of Denton tract; THENCE North 88 degrees 50 minutes 43 seconds West, over and across said Shiron tract, a distance of 134.59 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in the west line of said Shiron tract and the said east line of Mayhill Road; THENCE North 01 degrees 50 minutes 42 seconds East, with the west line of said Shiron tract and the said east line of Mayhill Road, a distance of 135.49 feet to the POINT OF BEGINNING and containing 0.418 acres of land, more or less. Contract of Sale Page 21 of 21 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: Shiron Investments and Tenant(s): Sheryl Beard 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 821 S Mayhill Rd., Denton, TX 76208 legally described 'as.IA1330A G. Walker, TR 35,254 Acres, Old DCAD TR 1F, 1F(1), 117(1), 1F(2) in Denton County, Texas, together with the following non - real - property items: stove e real pro-p—erty an a non -rea -prope y are co ec iive y ca e the rope y . 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows. p' Commencement Date:May 1, 2013 Expiration ate:. April 30, 2014 B. Delay of Occupancy: Tenant must occupy the Property within h days after the Commencement Date, If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or male -ready item's. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date. B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. r (TAR -2001) 1 -1 -12 - tenants: TFa;N [:DL----J& Landlord or Landlord's I°�epresentative X�C� Page 1 of 15 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 C. Oral notice of termination is not sufficient under an circumstance. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 46, Paragraph 413(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $825 for each full month during this lease. The first full month's rent is due and payable not later than May 1, 2013 by (select one or more): ❑ cashier's check ❑ electronic payment ❑ money or er persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $. as prorated rent from the Commencement Date through the last Eray of the month in which thls ease egins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3c Properties Address: Chase Bank (any location) TENANT WILL PUT HOUSE NUMBER ON DEPOSIT SLIPS: Account #921868824 Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): ® cashier's check ® electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord ® requires ❑ does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: (TAR -2001) 1 -1 -12 Tenants: t t & Landlord or Landlord's Represelitative. 7R Page 2 of 15 572573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dolloop.corn/vedly Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $100.00 ; or ❑ (b) % of one month's rent; and (2) additional late charges of $.10.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days.: Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, luQ s any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Regardless of a . notation on a a relent Landlord ma a l funds received from Tenant first to an non -rent obli ations of Tenant includin but not limited to late cl�� .return ant char s�airsr brokers e fees periodic utilities et char es and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $500.00 and $10.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $825.00 by (select one or more): ® cashier's check ❑ electronic payment ❑ money order personaFeheck or ❑ other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Code. r (TAR -2001) 1 -1 -12 Tenants: �pFnry & Landlord or Landlord's 1= tepresentative; P Page 3 of 15 72573 - 2077792 -0 Document signed electronically; legally binding by federal statute; visit dolloop.®omlverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund Tenant must eve Landlord at lest thirt :0 d s written notice of surrender before Landlord is obiw ated�to account for or refund the seurit de Dail. n rofund of t1�e securit de osit wiiV be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the, tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is htto:// www .statutes.Ieais.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (I) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. (TAR -2001) 1 -1 -12 Tenants: r� _ &Landlord or Landlord's Reproseniativo: x, Page 4 of 15 TEAN 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dogoop,comlverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant permit to reside ov occupants) : Sheryl Beard 36 may use the Property as a private residence only. The only persons Tenant may the Property during the term of this lease are (include names and ages of all B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a. nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners'' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 2 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers„ motorcycles, all - terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant; may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of .sa (TAR -2001) 1 -1 -12 Mtenants: T N -- & Landlord or Landlord's Representative: px�y Page 5 of 15 572573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.comtverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $,1,650.00 as consideration for the withdrawal. Landlord will remove the keybox within a reasonabTe—t-jm--e--aTer receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35.00 guests, cfamulypor occupants for an dam alesf in urroles or losses arisin front use of the 4 Landlord, L r are not cL% onsibl to Tenant () 7e ke box unless caused b I andlord the pro ert mama er or Landlord' broker. CIR sa (TAR -2001) 1 -1 -12 Tenants: TFaN . & Landlord or Landlord's Reprosentative: A 7X Page 6 of 15 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dogoop.com/verify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord: n/a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all re uests for re airs in com liance with Para rah 13. 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) " Abandonmenf' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. (TAR -2001) 1 -1 -12 Tenants: F N & Landlord or Landlord's Representative: Page 7 of 15 ;72573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dad®®p.comlverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week during spring & fall. Twice a week during summer. Other than watering, the yard will be maintained as follows: ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 °yearns: T m & Landlord or Landlord's Representative: ax7N Page 8 of 15 72573 - 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: .821 S Mayhill Rd., Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted R] not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call 911 , Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion. (TAR -2001) 1 -1 -12 Tenants: TFAy & Landlord or Landlord's R resentatirre: �l Page 9 of 15 72573 - 2077792 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comlverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or r uests by Tenant for reke in cha iin installi'n re airin or r secant devices must be In writirr Installation of additional secui'Nt devices or additionaN ree in or replacement of securit devices desired b Tenant wNNN be aid b l "e'iiailt in advance and ma be Nnstalled or11 b contractors authorNed b Landlord. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Re Nests for additional installation inslDection or repair of smoke alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 -12 Tenants: rFaN & Landlord or Landlord's Representative: EX7N Page 10 of 15 72573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.coMverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant Will Dromptly reimburse Landlord for anv Ins_-;- nrpnerty damaae. or cost of rPna rs nr service to the Property caused by Tenant, Tenant's quests, anV occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's nonexempt personal property that is in the Pro Derty and may seize such nonexem t property if Tenant fails to pay rent. Subchapter C Chapter 54, Pro ert r Code aciverns the rights and obligations of the parties re ardir Landlord's lien. Landlord may collect a charge for ackin removing, or storing ro ertt se i e in addition to any other amounts l..arrdlord is entitled to receive. Landlord may sell or dis oae of any seized property in accordance with the provisions of §54.045, Property Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a 6" mow and weed eat tolerance. Otherwise landlord will take care of yard and charge tenant a minimum of $50 each time. Refrigerator is not warranted. Should it fail tenant is responsible to provide their own refrigerator. Landlord at landlord's expense will change AC filters monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (TAR -2001) 1 -1 -12 Tenants: T & Landlord or Landlord's Representative: Page 11 of 15 72573 - 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.comNerify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Riahts Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant mtist give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (TAR -2001) 1 -1 -12 Tenants; SAN D - & Landlord or Landlord's Represontative: Xy Page 12 of 15 72573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comlverify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (i) $n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (i) spa ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. ® Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers ❑ Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ❑ Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to: E -mail: Fax: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX 76226 E-mail-, management @3Gproperties.biz Fax: (912 fi91a073., m ...............,. — (TAR -2001) 1 -1 -12 Tenants: 1 °A & Landlord or Landlord's Reprosentafive,@X N Page 13 of 15 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Co ri h : If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Cynthia Beard Address: x2100 Loon Lake Rd E -mail: cynthia @cynthiabeard.com (TAR -2001) 1 -1 -12 Tcnants; 6r11W I I V- & Landlord or Landlord's Phone: 940.206.4005 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comFverify Page 14 of 15 Residential Lease concerning: 821 S Mayhill Rd., Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ® intends []does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North , []will ®will not act as the property manager for landlord.. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Or signed for Landlord under written property management agreement or power of attorney: S� 03/26/2013 BY'w eSigned AX7N -2H @ 12:12 PM CDT prate Shirley Johnson Broker's Associate's Printed Name Anne Lakusta, Licensed Supervisor 0535334 Broker's Printed Name License No. 3G Properties Firm Name (TAR -2001) 1 -1 -12 172573- 2077792 -0 Document signed electronically; legally binding by federal statute; visit dodoop.com/vedry Page 15 of 15 411NA TEXAS ASSOCIATION OF REALTORS' EXTENSION OF RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO IS NOT AUTHORIZED. ®Texas Association of REALTORS®, Inc. 2010 NOTICE. Use this form only if date in the bottom, left -hand corner of the lease to be extended is dated on or after June 1, 2010. CONCERNING THE RESIDENTIAL LEASE OF THE PROPERTY AT B41 S. Mayhill, Denton, Tx 76208 between Shiron Investments (Landlord) and Lawanda Patterson (Tenant) A. Amendments to Lease: Effective June 1, 2013 „ Landlord and Tenant extend and amend the above - referenced lease as follows. B. (1) The Expiration Date in Paragraph 3 is changed to: May 31 2014 (2) The monthly rent in Paragraph 5A is: ❑ changed to $, ® remains the same. (3) Other: Paragraph(s) of the lease are amended as follows: Obligation to Return this Extension: If Tenant does not sign and return this extension to Landlord on or before March 31, 2013 , Landlord notifies Tenant that: (1) the lease, in accordance w ll'I Its terms, will renew on a month -to -month basis, and Landlord notifies Tenant that the monthly rent will: ❑ (a) be $. , effective , ❑ (b) remain the same. ® (2) the lease will terminate on May 31, 2013 and Tenant must vacate the Property by the date of termination. Far, Oor batO Landlord gate Or signed for Landlord under written property management Agreement or power of attorney: 9 � _ 03i22wa20 t:1 Oy: eSl ned TEAR -RZ @ 1 :35 PM CDT Printed Name: Shirley Johnson Firm Name: 313 Properties Broker's License No. 0535334 (TAR -2005) 6 -1 -10 Tonant mate Tenant � ate Tenant's Phone & E -Mail Rome woik obl� -M ail: 655523- 2052153-0 Dowment signed e�ectronical{y; legally Unding by redgal statute; vigil dolloop.comWeriry Page 1 of 1 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: 313 Properties and Tenant(s): Lawanda Patterson 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 841 S Mayhill Denton, TX 76208 legally described as; A1330A G. WALKER, TR 35, 2.54 ACRES, OLD DCAD TR 1 F,1 F(1),1 F(2) OLD DCAD TR 1 F,1 F(1),1 F(2) in Denton County, Texas, together with the following non - real - property items: o c a f e real property an a nn -real -prope are co ----IF e roper 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date:June 1, 2012 Expiration Date:May 31, 2013 B. Delay of Occupancy: Tenant must occupy the Property within a days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available "to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any resat paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 6o days before the Expiration Date. B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. El (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. (TAR -2001) 1 -1 -12 Tenants" _ -A A7 .�t _. ' � Landlord or Landlord's Re)ar�:��tbu'fk��tivt� � � � Page 1 of 15 78595 - 865894 -0 Do rnent signed electronically; legally binding by federal statute; visit dotloop.comlverify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 C. Oran ri.otice of tenninatiion is riot sufficient under an circurnstarjces. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $785 for each full month during this lease. The first full month's rent is due and payable not later t� han by (select one or more): 0 cashier's check ❑ electronic payment 0 money order persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $. as prorated rent from the Commencement Date through the last day of the month in which thisls eBegins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3G Properties Address: Chase Bank #921868824 -Any Chase Branch will work TENANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +late fee applies Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): 0 cashier's check 0 electronic payment 0 money order 0 personal check or ❑ other means acceptable to Landlord. (4) Landlord 0 requires ❑ does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: (TAR -2001} 1 -1 -12 tc nr�t.:.AA7 &Landlord or Landlord's Representative Wage 2 of 15 78595 - 865894 -0 Document signed electronically: legally binding by federal statute; visit dotloop.conJverify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $ „100.00 ; or ❑ (b), r% of one month's rent; and (2) additional late charges of $10.00 per day thereafter until rent and late charges are paid in full, Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $. 35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, ,plus any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: BAe i�dj ss of an npt kican ors n pa {rrtent, L I Ic rcf man pLl funds r'eoeiveci from Tenant first to any non rent oil�ts o f ona�t, inCdlr �t not l orent.l�age�p retd�rr7ed _ to o pu menu char es rp _tr. , brokera e fees prlodc trti�itlos yet cMhat° es and 9. PETS: A. Unless the parties agree otherwise in writing, Tenant m ; not permit, even temoorarilv, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $500.00 and $10.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $785 by (select one or more): ❑ cashier's check ❑ electronic payment money order persona check or ❑ other means acceptable to Landlord. "Security deposit” has the meaning assigned to that term in §92.102, Property Code, TAR -2001 1 -1 -12 Tenant %:�� av, "'� & Landlord or Landlord's Representative ICI Page 3 of 15 � ) A 78595 - 865894 -0 Document signed electronically: legally binding by fede al slafule; visit dolloop.com /verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must aive Landlord at least thirtv (30) days written notice of surrender before Landlord is obligated to account for or refund the security deposit. Any refund of the security deposit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is http:// www .statutes.legis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the (2) Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days nva s written dem_and.. (TAR -20011 1-1-12 T Landlord make & Landlord or Landlord's 9- iepresonlrative: Page 4 of 15 .....�, 78595- 865894 -0 Document signed electronically; legally binding by federal statute; visit dotloop conVverify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all occupants) : ___._�.....m.. . Lawanda Patterson 3cl Patdck Mobla y /� ,Rahjian Patterrson son I C j , CO- I I � �w�f"� (; o,— W � B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all- terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of (TAR -2001) 1 -1 -12 Teraarrts; i vl�7 & Landlord or Landlord's Reprosenta ive: EJ Page 5 of 15 '8595 - 865894 -0 Document signed electronically; legally binding by rederal statute; visit dolloop.comJverify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $35 -00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw 1-enant 's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $.1570 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35 -00 (4) Lqn flo hp t ro erty r r rrac er n�l.._L�ndlord s br °oker are not resppnslblc� � ._Tenar�I, I r�raarrt,' „guests. falnii or occl.�E��r�ts for are n a eg d r r�i s, a' Iras es arWi i�� 9 from use of (i�g I py r unless caused by L.anc;ll rd� the a,rro�y m nagor, or Landlord's broker. AD (TAR -2001) 1 -1 -12 TeNI tnrs; va7 _ ,,,,,_ &Landlord or Landlord's Re resentatir e: r Page 6 of 15 .1 78595 - 865894 -0 Document signed electronically; legally binding by federal statute; visit dolloopsomlverify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord: n/a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all requests for r airs in compliance with Para a h 16,. 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. ( ) qva7 __.._ TAR -2001 1 -1 -12 Tenants: A _ & Landlord or Landlord's Floprescntative: �� ::D Page 7 of 15 x8595- 865894 -0 Document signed eloclronically; legally binding by federal statute; visit dolloop corn/verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week during spring & fall. Twice a week during summer. Other than watering, the yard will be maintained as follows; ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 Te,naT11s: f��l� m. & Landlord or Landlord's Pepresentitive: f, Page 8 of 15 r._. 78595 - 865894 -0 Document signed electronically; legally binding by federal slalute; visit dolloop.com/verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted ®not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call: .911,then9407658550 Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (8) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlords sole �discretion. m _µWW . ' &Landlord or Landlord's Represent Page 9 of 15 (TAR -2401) 1 -1 -12 Tenants _ P �' 378595- 865894 -0 Docomont sinned alecironically: legally binding by federal statute; visit dotloop com/vedfy Residential Lease concerning: 841 S Mayhill Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance, Pa rnents and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 1.8 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices witNn 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. devices must b lot rekey dd t oval seirmstllitgairirtg. r rac in st u�t± a In writina. Installation y._ cunty devices or additional rake. Inc, or °e �r�..� s b o�ant .� � � �, _._ B. All notige,a or j, t _ _..... advance replaeorner�t. ref se ri r t d v c er tl i l en nt Wi1W Rio Laid b 'fen' wac arlva� r� _. end may e installed.g r°. ..o ntrartors aij!j iora q_o by andl(ard,. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Req,uests _.for ,c OLL_ _ Inst llat n iri to ctioll,_pr rr pair o SP1 °iolce alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 i2 Telllrnta: /tR7 �w & Landlord or Landlord's Representative Page 10 of 15 678595 - 865894 -0 noniment signed elertmnimily; legally binding by federal statute; visit dotloop.romlvedfy Residential Lease concerning: 841 S Mayhill Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant wi &I prctly reirnbrare - LrNrlarc for any jps.g, rty tlrt�rtr cost of air s or rvic_p w[lie Property caused by Tenant, Tenant's guests, any occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for unpaid rent against all of Tenant's nonexempt personal Droper'ty that is in the Property and may seize; such none e rly if Tenant faits °tom r °_ pt. SUbichariter C Chapter 54 Property Code governs the rights and obli atron5 of the j�artles roaardin g Landlord's, Caen. Landlord may collect a charge for pankin , removing,. ar store rig prop!�IT.< ized in addition to any father amounts Landlord is entitled to receive. Landlord rrtao fll _pr �i ose L ny >a -rip property in accordance with the provisions of §54.045, Property Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease- option or lease- purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a 6" mow and weed eat tolerance. Otherwise landlord will take care of yard and charge tenant a minimum of $50 each time. Refrigerator is not warranted. Should it fail tenant is responsible to repair it or provide their own refrigerator. Landlord at landlords expense will change AC filters monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; - & Landlord or Landlord's re >e nrntive�. t't (TAR -2001) 1 -1 -12 Tenants:. ,�� „_ ,p °� �� t�_. I Page 11 of 15 18595- 865894 -0 Document signed electronically; legally binding by federal statute; visit dotloop.corn / verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 276(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment, Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph_ ��..._ ( ) &Landlord or Landlord's Representative: Page 12 of 15 TAR -2001 1 -1 12 Ts �� ratr =: °' vA _... 78595- 865894 -0 Document signed electronically; legally binding by federal statute: visit dotloop.com / verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (I) $.n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (I)n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each parry to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. ® Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers ® Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ® Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty ❑ ❑ ❑ __.....__ __....__ .._....... _ — _..... 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e -mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to:. E -mai Fax: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX. 76226 E-mal l: shiriey @3gproperties.com Fax: 940 -691 -7073 (TAR 2001) 1 -1 -12 To, nant,,: w7/,� 10 & Landlord or Landlord's Representative: Page 13 of 15 6 3595 - 865894 -0 Document signed electronically; legally binding by federal statule; visit dolloop.com /verify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice_ Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a....death, Name: � " Phone., ._ _�L ....._ ._ ... .._m_...m..__ Address: E-mail: (TAR -2001) 1 -1 -12 Tenants l e I i t- & Landlord or Landlord's Representative -.1 T i I I Page 14 of 15 78595 - 865894 -0 Document signed electronically; legally binding by federal statute; visit dotloop.cornNerify Residential Lease concerning: 841 S Mayhill Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdi)s.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ❑ intends []does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North fi ❑will ®will not act as the manager for landlord J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. . ........... agreement or powcr,ot ,�Itorney: V Landlord Date Landlord Date Or signed for Landlord under written property management agreement or powcr,ot ,�Itorney: V ate Shirley Johnson Broker's Associate's Printed Name Keller Williams Dallas Metro North 0535334 E3rknr°s Prinied Nam t:, I. icense No. 3G Properties Firm Name � _„ ;5a&VW, t 05/30/2012 eSigned AVA7 -CF @ 12:15 PM CDT Tenant Date Tenant Date I —0, arar7t Datl -f ero�,l'at mate 378595- 865894 -0 Document signed electronically; legally binding by federal statute; visit dotloop,com / verify 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 01117 dOd6l)PgMlptute vr'rlBcntlon: www .dotli;•7p.erkn /my/variriraHnnmL 171R33.14-2-IF-40 1. PARTIES: Thy:- parries to this lease are: the owner of the Property, Landlord,:. Shiron Investments . and Ten$nt(s): ,3,gustin AgRgar Olvern, )Exilk Maurido Aggiffia r- a, bie o Armando Aguxlaa_,l?uga 2. PROPERTY: Landlord leases to Tenant the following real property: Items: i or e rea pr,:P an the fiofi-real-property are Wilectively callea Ifie rop 3. TERM-, A. Primary Tern: The primary term of this lease begins and ends as follows: Commencement Date ;12/14/2013 Expirabon Date:.08/31/2014 B. Delay of Q;cuyancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Gate because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giAng written notice to Landlord before the Property becomes available to be occupied by Tenant and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a d;:dly basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC FIENEWA(L AND NOTICE OP TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party !witten notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date. B. If this lease, automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basi,;; until either party provides writtgn notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the elate designated in the notice but not sooner than 30 days after the notice is given and, if necessary, tent will be prorated on a daily basis. (TAR -M01) 1 -1 -72 Te �� r1t c l7 A C. Landlord or Landlord'$ Ro rosentatl 1 Page 1 of 15 1 :07 F ;� 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 02/17 dodonp sfgrmt)m Varlflcadon: wwwAn -Ir. ir,rnm)My /Y0iHudon1DL- t 71 83934.2 -1 m Residential Lease conceming. 861 S Mayhill Rd, Denton, TX 76208 C. Oral notict;_ot termination is not. sufficient under any circumstances. Time is o'- the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(l) will apply. If a box is not checked under Paragraph 4B, Paragraph 4113(1) will apply. 5. RENT: A. Monthly F10j: Tenant will pay Landlord monthly rent in the amount of $,785.00 for each full month during this lease. The first full month's rent is due and payable not later than 01/01/2014 by (se%# one or more): ® cashier's check 0 electronic payment ® money order persona check or E] other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. C:3 (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before 12/t4/�013 Tenant will pay Landlord $.470.tt0 as prorated rent from the Commencement Date through east day of the month in which this7e`a-se lns. C. Place of Pal men : Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this Haase to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3G Pro erdes - Chase Bank #921808824 - Any, Branch will work Address;.: FIE ANT UST Pil'x HOUSE N E t ON DEPOSIT 5L T8 Or $1004-late fee ap�ies lin,e at www.3GHomessite.com. $1 Convenience Fee applies to onl o(w payment MW ee: Place thG l lrcrr6 ad7d-reas anal Tenant's name on all payments. D. Method of lof ;'me : (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or ti-ais lease. (2) Time is Df the essence for the payment of rent (strict compliance with rental! due dates is required), (3) Unless 1 he parties agree otherwise, Tenant may not pay rent in Gash and will pays awl/ rent by (s0/ecl . one or r om): RI ca - shier's check 0 electronic payment 0 money order 0 personal check or ❑ ;rther means acceptable to Landlord. (4) Landlord 0requires ❑does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this tease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rem that will be paid during any month-to -month renewal period by providing at Ieact 30 days written notice to Tenant. 6. LATE CHARGES' A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd _ day of each month at 11:59pm, tenant Oil pay Landlord for each late payment: (TAR -2001) 1 -1 -12 1" . aar� X � ^, " • 8 Ler>dlUrd or landlord's I ,� r rtatlw J Page 2 of 15 C 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 03/17 dCM00P S1Mad M vO-riflCadOTr. — .Iinfl • np.COMI)'Ayrv�rifiritinnlfli. 7 7173334 2 1 F3D Residential Lease concerning. 861 S Mayhill ltd, D6nton,'TX 76208 (1) an initiiII late charge equal to (check one box only): 0 (a) $100,00 ; or ❑ (b) �% of one month';. rent; and (2) additional late charges of $,1o.00 per day thereafter until rent and late chargrss are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §02.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent Is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent_ Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27_ 7. RETURNED PAYMENT: Tenant will pay Landlord $_50.00 for each payment Te -nant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus, ny late chames until Landlord receiv s payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICAT'I'ON CP FUNDS: Reaardless of an_v__noiation on a navment. La_ ndlord may apl�l}f funds received from Tenant fii;st tSLany non -rant obligations of Tenant, including but not limited to, late charges. returned payment ch"r iw, reoairrs, i rokera -de s, periodic utilitiies. pott I� rge „ nd.th —eq C► ren� 9. PETS: A. Unless the parties agree otherwise in writing, Tenant_may_.not permit. evert temporan Iv. arty pet on th_ e Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect) B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge 'Tenant, as additional rent, an initial amount of $.5oo.00 and $.io.00 per day thereafter per pet -For each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by proi(iding at least 24 -hour written notice to Tenant of Landlord's intentio -t to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) rep dr any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any ham, injury, death, or sickness to any pet. 10. SECURITY DE POSM A. Security De >: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $.785 by (select one or more): ® cashier's check ❑ electronic payment ® money order 0 personaf"17c eck or [3 other means acceptable to Landlord. "Security deposit" has the Meaning assigned to that term in §92.102, Property Code. (TAR-2001) 1-1-12 rr narrrsc,y, �` IT , &Landlord or Landlorrl'S oq►osonirtiro:E] Page 3 of 15 1b..Gifk1 tiro 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 04/17 doNonp JgnntVr•_ VlflfltOdOA: www.AnM' np,�Pm /rwlvcr i ti��liunlDL-1 .'1:C•la:•W1 1 ND Residential Lease concerning: $61 S Maylull Rd, Denton, TX 76208 B. Interest: N a interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income- producing account and any interest or income earned Will be paic'to Landlord or Landlord's representative. C. Refund: Tonant must give Landlord t l ast th(rt days, written notice of squerLditr . forq Landlord Notices about Security deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith ,violations of §92108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the ilonant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to amount. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's websilte which, as of the date shown in the lower left -hand corner of this form, is h pJ/ www .statutes.leais.state,tx.us /. D. Deduction': (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to rcrpair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpWd or accelerated rent; (d) unpWd late charges; (e) unp-aid utilities and utility expenses Landlord incurs to maintain utilities to the Property as regt.ired by this Lease; (f) unp;tid pet charges; (g) replacing unretumed keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (1) Landlord's cost to access the property if made inaccessible by Tenant; (j) mist: -ing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type• and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) reftNing abandoned or illegally parked vehicles; (m) cost; of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this leaso; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) darnoges to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand, (TAFI -2001 )1 -1 -12 Ted mt1t -; .. °' , ... � a Landlord or Land�4rd's Ffofrrasar�Fafia 'Page 4 of 15 12/11/2013 10:55 9403849428 THE UPS STORE dotl00ps19mvxeMMeedaa; www, dotl: op mmlmyNerincarian /0I- 17181114,? iFofi Finasidental Lease concerning: 861 S Mayhill Rd, Denton. TX 76288 11. L111L.171ES: PAGE 05117 A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring and Internet connections) excef t the follow na which Landlord will amounts under this paragraph are Davable rlirectiy to the service providers. B. Unless proAded by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times th.s lease is in effect: gas; electricity; water; wastewater; and garbage services - Natice; Ekifore signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY; A. _00-Wants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all Aguilar Olvera 51, a 27. Diego Amando Aguilar Puga B. Ph n Ilrett�r_ and Emmall: Tenant must promptly inform l.. „andlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than S days after a change. C. H A ules,: Tenant must. comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibition:i;: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which cawses a suspension or cancellation of insurance Coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any :activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) actK ity that obstructs, interferes mlith, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners` association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Ai•e�s: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES; Tenant may not permit more than 3 vehicles, including but not limited to automobiles, tn,rcks, recreational vehicles, trailers, motorcycles, all - terrain vehicles, jet sNis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parkirrg areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the s :reet in front of (TAR -2001) 1 -1 -12 'Toriants.; pl � , � � ..� & Landlord or Landlord's R afa.rrosentafivo. Page 5 of 15 aa;exp m war 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 06117 dedN* zign;bture YPrincallon: www.de-1 • np.rnrcdpN, hei if iwtion /DL• 17 t 9:;:tg4 ?.-I F30 Residential Lease oorooming: 861 S MayhM Rd, Denton, TX 76208 ^ the Property. In accordance with applicable state and local laws, Landlord may have lowed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vahide parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCT BY I..ANDLORD. A. Advertisin 1� Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. S. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to fiat contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the l"Iroperty to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance ; :Vents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency- repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C_ Trip Charelm: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Properly and are denied or are not able to access the Property because of Tenant's failure to make the Properly accessible, Landlord may charge Tenant a trip charge of $.50.00 D. Keybox: A, keybox Is a looked contair*r placed on the Property holding a key to the Property. The keybox Is opened by a special combination, key, or programmed access device so than persons w 4h the access device may enter the Property, even In Tenant's absence. The keybox is a conwinience but Involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORSO nor MLS requires the Use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property. (a) during the last 60 days of this lease or any renewal or extension; and (b) at arty time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant 'nay withdraw Tenant's authorization to plane a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $,2 month's renes consideration for the withdrawal. Landlord will remove the keybox within a reasona6li time a er receipt of the no ?ice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 146. (3) if Landlord or Landlord's agents are denied or are not able to access the Property after first attemptng to contact Tenant, Landlord may charge Tenant a trip charge of $,L0,00 -- (4) Landlon:i, the property manager, and Landlord's broker are --not regonsible to Tenant. Tenant's nuests.. al slily, or o�� n ter atry rrr in)uries, ,or losse in , in un of JhR unless t:aused by Landlord, the property manager, or Landlord's broker. AR- 2001) 1 -7 -12 Teen: -- (r & Landlord or Landlord's Representative: Page fi of i5 1 ?ttt^ rvr 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 07117 tl6ioopdgrmtvrevMflc9 Non: tun^ i. dotl •nii,G >i+✓tny /vcrification(DL 171HAz.134J -1F3D Residential Lease concerning: 861 S Maylt 11 Rd, Denton, TX 76208 15. MOVE -IN CONDITION; A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Proton y and accepts it AS-IS provided that Landlord- B. Tenant will complete an Inventory and Condition f=orm, noting any damages to the Property, and deliver it to Landlord within to days after the Commencement Date. If Tenant fails to timely deliver the Inventory and n ition Form, the Property will be deemed to be free of damages, unless otherwise i)xpressed in this lease. The Inventory and Condition Form is not a %'guest for_repairs. Tenant must direct all requests for renaim in compliance with Paraoranh 18. 16, MOVE-OUT- A. Move-Out ;' n ' i n: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property In a clean condition free of all trash, debris, and any personal property, Tenant may not abandon the Pro — B. Definitigns: (1) "Normal wear and teak' means deterioration that occurs without negligentm, carelessness, accident, or abuse- (2) "Sun-er*r" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant retums keys and access devices that Landlord provided to Tenant under this lease. (3) "Aband,mrnent' occurs when all of the following occur: (a) all owupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the maim entry door or If the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 day::; from the date the notice is affixed to the main entry door. C. Pe n ! I;oDerty Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) ston;l and sell such personal property by following procedures in §54.045(b) -(e;, Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left-in the Property after surrender or abandonment. (TAR-2001) 1-1 -12 Ta1alrot: ,, �. Landlord or Landlord's rierrr�talac: Page 7 of 15 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 08/17 MHOW sipaure valA©tlorr. wm%vinN- nr,r „0M1My/vcriMntion /M. 1777{:+;3 5.7.1 M i Residential Lease conceming: 86�h It Rd, Dentan, TX 76208 17. PROPERTY ApAINTENANCI =: A. Tenant's , General Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, arid other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) repla,ie any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and haw to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. S. Yard Mainigwrice; (1) yard” means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does. not include common areas maintained by an owners' association. (2) "Maintvin the yard" means to perform activities such as, but not limited to: (a) meowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: ' p� e a week cta ' summer. G� er than waterin:d, a y wil be ma4rltailled_as- 65 ows: Once a week d� rtn & �r ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regt,larly provides such service; ❑ C. Pao -Spa IV;aintenance: Any pool or spa on the Property will be' maintained according to a Pool/Spa Mairrtenanc�a Addendum. D. Prohibition.,: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional virloke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will becomes the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR- 2001)1 -1 -12 T rrr nfs: �'°"" -1��. � , & Landlord or Landlord's Repr °e lrrt A ve:U��__-1 Page 8 of 15 14107p" EV 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 09/17 dwkkopdgnaWreverik*t;on!vAvwdm rop,condrnylvcriricndnn /Ut 171R33342dF3D Residentlal Leasa conceming: ,861 S Mayhill Rd, Denton, TX 76208 (8) make, holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be uiwd to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) instaill additional phone or video cables, outlets, antennas, satellite receivers, or aiarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (6) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or Rem which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispr,►se of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) taus a or allow any lien to be filed against any portion of the Property. E. Ea u_ e- to,Maint 'n: If Tenant fails to comply with this Paragraph 17 or any Pool/Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever �mtion Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. -Smoking: ' 3moking by Tenant, Tenant's guests, family, or occupants is ❑ permitted I;a not permitted on the Property- If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Land brd may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, bums, odors, and removal of debris. 18. REPAiRS: (Niatice: Subchapter B, Chapter 92, Property Code governs repair obfigations), A. BMW, R duests: All requests for repairs must be in writing and delivered; to landlord. If Tenant is delinquent in runt at the time a repair notice is given, landlord is not obligated to make the repair, In the event of an emergency related to the condition of the Property than materially affects the physical health or safety of an ordinary tenant, call:,911 than 940-2684902. Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property bode. If Tenant follows this procedures under those sections, the following remedies may be available to Tenant: (1 ) terminate the lease and obtain an appropriate refund under §92.,056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or namely according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not wi :erclse these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonablo period of time for the Landlord to make a diligent effort to repair a condition unless there are r,:ircumstances which establish that a different period of time is appropriate (such as the severilty and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of The lease, C. Cam le cin_of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, withoul: Landlord's permission. All decisions regarding repairs, including tiwe completion of any rei;air, whether to repair or replace the Item, and the selection of contractors, will be at Landlord's sole discretion, (TAR -2001) 1 -1 -12 "Til,nons. A & Landlord pr l-andlord's nepresentative:12�� T page 9 of 15 Q FPM � 12/11/2013 10 :55 9403849428 THE UPS STORE PAGE 10/17 dOWP s rJUIrOkWHImtlant Lw .do:�oop.romimyl.Ptir,C,l LionlDL -171 C333A•21P.M Residential Lease concaming: 861 S MavhW Rd, Denton. TX 76208 (2) r complete a pair on a day other than a- bu :riness day unless required to do so by the Property ode. D. Pa` rnents . Repair Costs; Except as otherwise specified In this lease, Landlord will pay to repair or remedy conditions in the property in need of repair if Tenant complies with the proceduros for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following Items not caused by Tenant or Tenant's negligence: (a) hefting and air conditioning systems; (b) water heaters; or (c) welter penetration from structural defects, (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence. (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) daimage to doors, windows, and screens; (c) damage from windows or doors left open; (d) dai mage from wastewater stoppages caused by foreign or Improper ob(ects in lines that exr,:lusively serve the Property; (e) Iterns that are cosmetic in nature with no impact on the functionality or use of the item; and (f) they following specific Items or appliances: E. 'grin Chary: If a repair person is unable to access the Property after making arrangements With Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance I1JyTents and Reimbur§ements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse) Landlord the amounts under this Paragraph 18 for which Tenant is r "ponsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and ::ecurily devices. Landlord has rekeyed the security devices since the last occupant vacated the Properly or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. S. All notcesja_Kptoasts b Te n far �mmqkeijna, chanaina. rn ll` re iri_ri , or re l 9_gp_larity devices must be in writing. installation of additional security devices or additional rekeylna or replarme_� . ��sir�i b T l �t cf recur vices de .. �r ant will I 6d rtrtt in v noe.all a to inst led rlly_by_contractors authorizer! �y Landlord. 20. SMOKE ALAFIMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Requests for additional. installation, insoection, or retiair of. smoke Irms_ must b in wr' ' , Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to icivil penalties and liability for damages wid attorney fees under §92.2811, Property Code. (TAR-20o1) 1 -1-12 'r6nar: F� &Landlord or L$ndlord's loreentata ] Page 10 of IS 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 11/17 &d" gl8„gq„Z W*t0C doM www,tlUl l•xup.mm/mylvrrincodoNDL -171 83334•2-1 F 4A Residential (Lease concerning: � y 8fi1 S Ma loft ltd Denton, TX 76208 21. LIABILITY: unless caused by Landlord, Landlord is no responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other person.:, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, moll, fungus, etc.), or other occurrences or casualty losses. Tenan 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and Indemnify Landlord and prospective tenants for damages, including but not limited to host rent, lodging expenses, costs of eviction, and attorneys' fees. Flent for any holdover period will be ,Three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL. LANDLORD'S LIEN: Landlord will have a lien for unpaid. _rent aaair>_st all_. of Tenant's 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject. subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (Iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrialve covenant, and (vi) the rights (if any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, property Code goverr•s the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL. PROVISIONS: {loo not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.; SSOL TELY NO SMOMNG IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARE TM Plum MUST BE DISPOSED OF, XOT LEFT ON GROUNDS. . Evidence of sinq " in house is cause for eviction. Tenant will maintain yard not butler than a 8" mow and weed eat tolerance, othm -Wise landlord will take are of yard acid char Fe tenw.it a ihinimum of 511 each bane.. Landlord at la adlord s expense will chap M filters. Refrigerator h, not warranted. Should it faiR tenant is responsible to repair, it or provide their own �T procure Renters Insurance within S days of move in with liability coverage of $300,000 or provide landlord a copy of the policy no later than 15 days after move in. 27. DEFAULT: A- If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tencrit will be in default and: (1) Landlon:1 may terminate Tenant's right to occupy the Property by providing Tenant with at least one day wriffen notice to vacate; (TAR - 2001) 1.1 -12 T cants: d ,x , &Landlord at Landlord's F1 pr °1 rri tiv ° pl"w Page 11 of 15 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 12/17 dit" 0VMre verMVJMW w w.rlr• Ir,gp.com/my/vrrlFlcakinn /DL- 1710733.1 -2.1 FaD Residential Lease concerning: 861 S Mayhfi)u. Rd. Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenarlt will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fens, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to Nracate under Paragraph 276(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 20. EARLY TERMINATION: This lease begins on the Commencement Date and ends on ehe Expiration date unless: (1) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Faragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special S1;atutory_ Rights Tenants may have special statutory rights to terminate the lease early in certain sitt.-ations involving family violence, military deployment or transfer, or certain sex offenses. r.,: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PC$); or (c) military orders to deploy with a military' unit for not less than 90 days. Termination is effective on the 30th day after the first date on whi,,,h the next rental payment is due after the date on which the notice is delivered. §92.017, Properly Code governs the rights and obligations of the parties under this paragraph. (2) Family, Mall nce: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an ocwpant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family vioien(v is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Q [gum: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the ty1m of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. i merit. Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tena it requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (TAR -2001) 1 -1 -12 T11',nanl � I� ,�H A Landlord or Landlord's 1' 4presonxa e, Page 12 of 15 ,a.�rr1 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 13/17 doHanp signature verNkatlen; wu w,dr l �OO�S.:gm /my /varifi�n:l4nlpL• 17163334 2 1 RAD Residential Leaw cslneeming .861 $ Maphill Rd, Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by landlord; or (c) an assigni ment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Propeity, Tenant will pay Landlord: (a) if _1'enant procures the assignee, subtenant, or replacement tenant: © (i) (ii) so % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ❑ (1) $. 0 (ii) ,10o % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unles:, expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenanl's obligations under this lease because of an assignment or sublease. Any assignment of this Ierise or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY''; FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party, 30, REPRESENTATIONS: Tenant's statements in this lease and any application for nantal are material representations_ Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant mak!�s a misrepresentation in this lease or in an application for rental, Tenant i., in default. 31, ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rues and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations a:;, Landlord may, at Landlord's discretion, amend from time to time. • Addendum Regarding Lead -Based Paint ❑ • Inventory & Condition Form ❑ ❑ Landlord's Additional Parking Rules ❑ ❑ Pet Agreement ❑ ❑ Protecting Your Home from Mold ❑ Agreemerr: for Application Deposit & Hold ❑ 13 13 0 Agreement Between Brokers Landlord's Rules & Regulations Owners' Association Rules Pool/Spa Maintenance Addendum Residential Lease Application Residential Lease Guaranty 32. NO'nCES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent t:y electronic transmission to (Do not insert an e-mail address or a fax number unless the party consent.: to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the I "roe rt and a copy to: Fax: _w.... Landlord c%: G Properties P, O, Box 603 Argyle, TX. 76226 E- mail:,3 Pro rtie�"iX( ail coin ...� . _. Fax: 972 -691 -7073 (TAR -2001) 1 -1 -12 ra;a as rs.' A = & Landlord or Landlord's Repreaonla6ve: Page 13 of 1s .....�... F 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 14/17 dUlftp Slgf1aVP VerlfieaCiM: www•r1ri loop.comlrnyfvariFc.ihon /DL -171 8.1144 -� -1 F]D Residential Lease cancerning: 8615 MavhM Rd, Benton, TX 76208 33. AGREEMEMir OF PARTIES., - A. Entire -Agreement: There are no oral agreements between Landlord and Tenant. 'this lease contains the entire) agreement between Landlord and Tenant and may not be changed except by written agreement. B- Bindin : This lease is binding upon and inures to the benefit of the parties to this lease and their respective) heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be decmed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable, Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will riot be affected and all other provisions in this lease will remain enforceable. F. Cantrollinq Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyriaht: If an active HEALTORO member of the Texas Association of REAL.TORSO or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenart's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connection,;, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien agains" the Property. D. Unpaid rent- and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice= Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occuPants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to ar.:cess the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event or"- a tenant's death. Name: grffia uw Phone: 940.735.7219 Addresf ,11280 Old StonPV Rd ponder_ E-mail: (TAR - 2001) 1 -1 -12 Te larrts; & Landlord or LandlorrPs Representative -L —MA . ........ _J Page 14 of 15 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 15/17 dotlooPs[FmtmverTfWGun ;wvvw,dDi top. rnm/ rnvtvPrifir ttinn /DL- 1- /lp..a3aAa -tf_iD Residential Leese ooncerning: 8615 Ma y)101 Rd, Deniton, TX 76208 G. The Texa; Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.statte.t:x.us under on- line servici.$). For information concerning past criminal activity in certain areas, contact the Iocal police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tema obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents; that Tenant ® intends [3 does not intend to purchase such insurance. I. Landlord's broker, KaRer Williams Dallas Metro North [3 will Q3 will not act as the property manager for landlord. -" J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney 13EFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, Icases with options to purchase, or lease options, without the advice of an attorney_ Or signed for Landlord under written property management agreement or power of Wtorney: I "11W 31m W 13y Q0X9-1M-CMKKUN Date Broker's . socia e s F'l'ir ted Name Awe Lakusta, Lice ased Supervisor .0535334 Brokers Printed Name Ucense No. 3G Prnt fies Finn Nance : aii Te rat ,t (TAR- 2001)1 -1 -12 Page 15 of 1s 12/11/2013 10:55 9403849428 THE UPS STORE PAGE 16/17 dodoop signature veriftwoon; wm.rjo: �pP,cnm /my /vPrificatlon /DI.171 R333U -2 2034 4(OP TEXAS AssoctA -rioN OE REALroks, ADDENDUM REGARDING LEAD43ASED FAINT For use in V* lease of residential property built before 1978. ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 861 S Mavhiu Rd Denton, TX 76205 A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from Paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, lesson (landlords) must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a federally approved pamphlet on lead poisoning prevention. B. DISCLOSURE - 0) Prese ce :9•fead- -i _ed 2_ain awor lead -fi�agRjkr t h zar . (check (a) or(b)). ❑ (a) Landlo,d knows of the following lead - based paint and/or lead -based paint hazards in the Property: ® (b) ndlord has no kjiow ge of load-based pent ain /or feud -base paint h zard� In the Property. (2) ecords :0_r>eports available to Landlord. (Check (a) or (b)). ❑ (a) Landlord has provided Tenant with all available records and reports pertaining to lead - baked paint and /or lead -based paint hazards in the Property which are listed here: 0 (b) in Property, paint o reports or cords perkin�ng tc led- laased and/or lead- ba.�ed paint hazards C. TENANT'S ACiNOWLEDGEMIENT: ❑ (1) Tenant has received copies of all information listed in Paragraph B. ❑ (2) Tenant has. received the pamphlet entitled Protect Your Family from Lead in Your Home. Q. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT: (1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA - appraised pamphlet on lead poisoning prevention; (b) complete this addendum (c) disclose any known lead -based paint and/or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based paint and/or lead -based paint hazards in the Property; and (e) retain a coyly of this addendum for at least 3 years. (2) The broker,;/ and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C, 4852d and are aware of his/her responsibility to ensure compliance. E. CERTIFICATIC N OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. (TAR-2008) 10 -1403 Page 1 of 1 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: Shiron Investments and Tenant(s): Joshua Oglesby, Pian Oglesby . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 881 S Mayhill, Denton, TX 76208 legally described as :A1330A G. WALKER, TR 35, 2.54 ACRES, OLD DCAD TR 1 F,1 F(1),1 F(2) OLD DCAD TR 1F, 1 F(1),1 F(2) in Denton County, Texas, together with the following non - real - property items: e aForopefty and the non-real-property are co ec ive y called the rope y . 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date:July 1, 2013 Expiration Date ;June 30, 2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date, B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. � �n (TAR -2001) 1 -1 -12 Tenaf)ts. TJcP MT�u Landlord or Landlord's Representativel GRYL Page 1 of 15 34758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/vedry Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 C. Oral notice of termination is r10t Sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $785 for each full month during this lease. The first full month's rent is due and payable not later t an July 1, 2013 by (select one or more): ® cashier's check ❑ electronic payment ® money or er persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $, as prorated rent from the Commencement Date through the last Uay of the month in which thls e�l a�gins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3c Properties Address: Chase Bank #921868824 - Any Chase Branch will work TENANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +1ate fee applies Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): ® cashier's check ® electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord ® requires ❑ does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: (TAR -2001) 1 -1 -12 Tenant::: M M,y I & Landlord or Landlord's Representative P 1. ' Page 2 of 15 34758 - 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $.100.00 ; or ❑ (b) % of one month's rent; and (2) additional late charges of $10.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the. Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Regardless _of any notation on a p a ment I_.andlort ma a funds received from Tenant first to an rion -rent obli ations of Tenant includin but not limitpc to, late char es returned a meat charges, repairs brokera e tees eriodic utilities et char es and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $.500.00 and $10.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit; On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $785 by (select one or more): ® cashier's check ❑ electronic payment ® money order persona check or ❑ other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Code. TAR -2001 1 -1 -12 Tenants: 70 ( ) r nnTl lI & Landlord or Landlord's Representative; �;r� Page 3 of 15 14758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant rTtust ive Landlord at least tl7irt 30� �la�rs r�rii[en notice of surrender before Landlord is obligated to account for or refund the security de osit. Anv refund of the sequ rit de osit wall be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is http:// www .statutes.Iegis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; . (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. (TAR -2001) 1 -1 -12 Tenants : ° �n & Landlord or Landlord's Representative: s`— Page 4 of 15 l l�" MTI_I I 7 CR I 84758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comlverify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay:_ Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may permit to reside on the occupants): use the Property as a private residence only. The only persons Tenant may Property during the term of this lease are (include names and ages of all Joshua Stephen Oglesby 30, Tongpian Oglesby 30 B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle;, (3) any business of any type„ including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (5) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas:. Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all - terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of 970 70 ca (TAR -2001) 1 -1 -12 Tenants :, T�cp MTLU_ & Landlord or Landlord's Representative. �R Page 5 of 15 34758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MILS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $1,570 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35.00 property rr9anager, and Landlord's broker are not res onsible t l nant, Ten rat "s (4) Landlord, the mm guesta farnily,, or occupants for any dar7ta es in "arias or losses arisen from use of the kbcr unle c�zr by L a i r tine ro art mar a er or Iwo n lad's br °c r. (TAR -2001) 1 -1 -12 Tenants rP T1t) & Landlord or Landlord's Ropresentatiuc: ( =1 rm ° Page 6 of 15 34758 - 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning. 881 S Mayhill, Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord:, n/a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Invento and Condition Form is not a request for repair Tenant must direct all r6guests for re airs in com fiance with Para ra h 1 t3. 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. ai 76 (TAR -2001) 1 -1 -12 Tenants: r lrP M. TL' i I & Landlord or Landlord's Reprosontative;: t ly Page 7 of 15 34758 - 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/veriry Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week during spring & fall. Twice a week during summer. Other than watering, the yard will be maintained as follows: ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 Tonarit ? C f LU - & Landlord or Landlord's Representative: Page 8 of 15 34758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted ® not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call :911 Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92,056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully revie'w'ing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion. (TAR -2001) 1 -1 -12 f'enal�ts: �S�F:a �li & Landlord or Landlord's Representative: f i., Page 9 of 15 84758 - 2653770 -0 Document signed electronically; legally Minding by federal statute; visit dolbop.com /verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors. left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and ,security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within y days after Tenant, moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B, All notices or re oasts b Tena nt f: or rek it t , clan in insta ing rr-Mairing. or I ill securit f securi devices des�ation of additional setirl't evic noirt advance ankeyinq of ' rred b Tenant wINN be ald b Ten additional re devices must be In wntin Insta re lacemegt o d ma be installedd o_ontrapors al.ltlgrizd b La�ldlord, 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Re uests for additional installation ins 'ection or repair of stroke alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. 7 (TAR -2001) 1 -1 -12 Tenants:�° I � ' MTI_, U &Landlord or Landlord's Representative: aL Page 10 of 15 B4758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comlvedly Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will rom tl reimburse Landlord for ran loss ro ert dame e,, or cost of repairs or service to the Property caused by Tenant Tenant's guests any occupants or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify. Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un aid rent against all of Tenant's nonexerr t ersonal ro ert fihat is in flee Pro ert and m eize such noneXem t ro ert if Tenant fails to av rent. Suboha ter C Cha ter 54 Property Code govems the rlights and obligations of the parties r gAi�ng, Landlord"s hen. Landlord m�av collect a charge for acking, r mpvin or storm g proogrt r a in addition to a,11v other amounts Landlord is entitled to receive. Landlord ma sell or dis ose of any seized property pLgperty in accordance with the i'oylsions of 54.045 Pro rt Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a 6" mow and weed eat tolerance. Otherwise landlord will take care of yard and charge tenant a minimum of $50 each time. Refrigerator is not warranted. Should it fail tenant is responsible to repair it or provide their own refrigerator. Landlord at landlords expense will change AC filters monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; R� �n Page 11 of 15 (TAR -2001) 1 -1 -12 T�;naf�ls; iCP MTI � i &Landlord or Landlord's Rr.�l�re�ot�fativo: �^ YI, 9 34758 - 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop,com /verify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (TAR -2001) 1 -1 -12 Tenants: , I u _ & Landlord or Landlord's Representative : 0I Page 12 of 15 84758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop.condverify Residential Lease concerning: 861 s Mayhill, Denton, TX 76206 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (i) n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay.. (b) if Landlord procures the assignee, subtenant, or replacement tenant: (i) $n /a (ii) . % of one's month rent that the assignee, subtenant, or replacement tenant is to pay, (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. • Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers • Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ® Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty El0 ....... _ .. Ej 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to: E-mail:joshua.ogiesby@live.com Fax: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX. 76226 E- mail. shirley @3g properties. biz ...._...... _m._......� Fax: 972-691-7073 M �n sr1 (TAR -2001) 1 -1 -12 Tenants: T Irl? li MT t i . & Landlord or Landlord's R per sont t ve RR I Page 13 of 15 84758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dogoop,com/vedfy Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controllinq Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Katie Joiner Phone: 817.676.4519 Address: 707 White Fields Way, Arlington, TX 76002 E -mail: kathryn.joiner @hotmail.com (TAR -2001) 1 -1 -12 Tonants: , T�1 & Landlord or Landlord's Representative: I Page 14 of 15 TJQ 84758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dodoop.comlverify Residential Lease concerning: 881 S Mayhill, Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ® intends ❑ does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North []will ®will not sot as the property manager for Nandlord. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Or signed for Landlord under written property management agreement or power of attorney: 5 6400,0,t 06/12/2013 By: eSigned GRYL -E4 @ 11:44 AM CDT Li Date Shirley Johnson Broker's Associate's Printed Name Anne Lakusta, Licensed Supervisor 0535334 Broker's Printed Name License No. 3G Properties Firm Name (TAR -2001) 1 -1 -12 6 00a, 06/1212013 LL eSigned TJCP -KK @ 6:26 PM CDT Tenant Date 64758- 2653770 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/verify Page 15 of 15 lk rp[;vw:IvwwnlrAw . °., k "i ,!..n ha it ) ,` V 401!',I�A TEXAS ASSOCIATION OF REALTORS° RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ®Texas Association of REALTORS®, Inc. 2012 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: , Shiron Investments Tenant(s): Erin Rener and Aida Trevino 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 901 S Mayhill Rd, Denton, TX 76208 _ mm TR 35 2.54 Acres Old D d DCAD TR'F 1F(1) 1F( legally described as :A1330 G Walker, � � CAD TR 1F, 1F(1) 1F(2) Ol in Denton County, together with the n_.._.l -pr.w_ property items. . .._. _ _ _..._.. ........ m nty, g gnon- real - property r T ie e pr pe�y and1h12 non re�aF= "6 r y are coIF6c i�iv -e y WCa)1 '�e - Property' m mm 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date: 0910112013 Expiration Date:, 06/30/2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date, B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. TAR -2001 1 -1 -12 Tenants: Landlord or Landlord's Representative Page 1 of 15 Hoop sV,g,rrnhueirrrifica6i:a, � hllo I If Y � : I -.,u ,I 1; j Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 C. Orel notice of termination is riot sufficient under an circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $.750 for each full month during this lease. The first full month's rent is due and payable not later thian 09/61%2013 by (select one or more): ® cashier's check ® electronic payment ® money order ❑ persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ O �� '...... Weekends, holida y s and mall delays do not excumsmm� e Tenant's obligation to timelY y a rent. t. B. Prorated Rent: On or before Tenant will pay Landlord $. as prorated rent from the Commencement Date through the last day of the month in which this lease begins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3G Properties Address: these. Bank #921868824 - Any Chase Branch will work ITFNANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +1ate fee applies ann� iarri "'i`rNl payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): ® cashier's check ® electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord ®requires []does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd —day of each month at 11:59pm, Tenant will pay Landlord for each late payment: Representative., S� c &Landlord or Landlord's � Page 2 of 15 TAR -2001 1 -1 -12 Tenants: - .... �0 3�� AM rJ)T - Hoop ..iqrr"Pialo vem "kr Mic v; ., v,r, AI I ,oj Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $.100.00 ; or ❑ (b) % of one month's rent; and (2) additional late charges of $.10.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $,35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, lup s any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Be ardNess of an notation on a a meat Landlord may apply funds received from Tenant first to any non -rent obligations of Tenant,includin but �1ot limited to late ohar es returned payment charges, repairs, brokerage fees periodic utilities et char es and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit, even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $.500.00 and $.10.0o per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $.750 by (select one or more): ® cashier's check ❑ electronic payment ® money order persona check or ❑ other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Code. ( ) � � &Landlord or Landlord's RepreseNatative [1�s ED� .._ TAR -2001 1 -1 -12 Tenants: P,u, s« _ ,ro�a .. Page 3 of 15 nttiauroa p.twa 8:55AM EDf Olinoi, S� �gnahin!i gvmurB°fimHda^uw , 1 V , : r�u ,I W, , U Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must give Landlord at least thirtv (30) days written notice of surrender before Landlord is obligated to account for or refund the security deposit. Any refund of the security deposit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is httr):// www .statutes.leais.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. & Landlord or Landlord's Representative. S� Page 4 of 15 (TAR -2001) 1 -1 -12 Tenants: p a [� ��, _ oun z dolopWgr ftfoa Verific"^km: , ,I I)...c! ,i ;dry .i , ;',r ,.11 .I;) Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring ms, cable, and Internet connections) except the following which Landlord will agreed, amounts under this paragraph are pa se B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all Rener 20, Aida Trevino 20 B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (5) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all- terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of (TAR -2001) 1 -1 -12 'Tenants: , _ ,._ &Landlord or Landlord's Representative Page 5 of 15 � mm 8 6:52PM F.DT �k�94�1M F`pYP .. .� IOW RMNI PAM Nonlp adig nwnh rs VoiHi fi auu r..... r. , ,,4 ( ", � ' s 0 1. i r: J —) Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $,35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MILS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $.1,500 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $ 35.00 . (4) L ddLQLd, tt pre te!rlanager, and Landlord's broker are ncat r° sac f siblle to Tenant Tenant's guests, family, or occu ants for an dame cs in'taries or losses arisir� from use of the keybox unless caused by Landlord the property manager, or Landlord's broker. (TAR -2001) 1 -1 -12 Tenants M 7 £�� w - , -- mn &Landlord or Landlord's Represont�ative 4� „___T[ Page 6 of 15 r i r %'il 1 ., r I_., is Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and acceots it AS -IS provided that Landlord: B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease.. The I_oventoty and Condition Form is not a re nest for reoairs. Tenant must direct all re uests for repairs in compliance with EgLagraph 1i., 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's -reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. (TAR -2001) 1 -1 -12 l °errar�ts °, ' , & Landlord or Landlord's Representative U.- Page 7 of 15 W b!'6 F�9 tl I:YY Wi"� §,AM L7171" ... .� Aid 53AM IM h: a up sig nuilum a e dV11'v.abon , , , , ."' u I , 1,[ r15 '(J r I _ Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 17. PROPERTY MAINTENANCE: X Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week (luring 17rin &fall. Twice a week c'I Other than watering, the yard will k)e maintal .. _ g .' _.... �7ed as lo�Lw ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; . . (TAR -2001) 1 -1 -12 Tenants. s., fi3��Ux,��1 sr &Landlord or Landlord's Representative Page 8 of 15 P VIA A INropsip,wr.iWrevew10'ii °°+44ois , „ i ,'u,i>� N I I 1, 1 ,,01f l GI 1,C ^J ,) Residential Lease concerning:.901 S Ma_yhill Rd, Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted ® not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that Y physical Y ordinary .m, _- ........._..8 -4902 material) affects the h sical health or safety of an ordina tenant ca :911 then 94o -26..w ............. ..._....... Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion . - ( ) �_ &Landlord or Landlord's Representative '�� Page 9 of 15 TAR -2001 1 -1 -12 Tenants:[— � 6 N71 &+1 EDT 8 :55AM ED'C H.... 10:53AM i r 0w11w sliljnuhuuo 'voi dkAllueuup, u 1,o,00 rq G", 1 00 I [II ;f) Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or re nests by Tenant for relee in than lnc lnstallir lg, re airinc, or re_ la inat security devices must be in writing. Installation of additional security devices or additional rekeyirl or replacement of security devices desired by 'Tenant will be olaid bv Tenant in advance and rnav be installed only by contractors authorized by Landlord. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Re guests for additional installation i )pction or repair, of smoke alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 -12 Tenant '� & Landlord or Landlord's Representative s�, 1 J Page 10 of 15 6:32PR9 F.DT 8-54,h&.ro 14W' 10,136M Wt V d l,p amV, ^n ab llvY Wtl: "tiV d4.9Eka '.+.. ff l:t F ".III',.; 1 h, Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will promptly reimburse Landlord for any loss, pro ert darlra e or cost of re airs or service to the Property caused by Tenant, Tenant's guests, any occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un sid rent against all of Tenant's nonexempt personal property that is in the Property and rna sere Such nonexem t ro ert if Tenant fails to pay rent. Subchapter C Chapter 54 Property Code governs the rights and obli ations of the partie r re ardin Landlord's lien. Landlord may collect a charge for pa. in rernovinq, or storin r apertp I in addition to any other amounts Landlord is entitled to receive. Landlord may sell or. dis ose of an seized property in accordance with the provisions of X54.045, Property Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) 13SOLUTELY NO SMOKING IN HOUSE. mSMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE ISPOSl' D OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. will main(ainl yard not higher than a 6" mow and weed eat tolerance. ise landlord will take care of yard and charge tenant a minimum of $50 each time. is not warranted. Should it fail tenant is responsible to repair it or provide their own refrigerator. at landlords expense will change AC filters. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; — ? (TAR -2001) 1 -1 -12 Tenants '� £� &Landlord or Landlord's Representative S Page 11 of 15 �wW:u dsxrn�sMrr rtai'snt�k'ur'�° acasInwwq�D r Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant; including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment, Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. X47 __ (TAR -2001) 1 -1 -12 Tenants: �� & Landlord or Landlord's Representative .l. .. :. Page 12 of 15 ��, I - ms.:.:µ �- f.Q M Nrr H,55nM RDT s,aw7nna w >v 9k+4siMp ugffvi;,uw',Moraflow 'H'' ,, " I , . ,r it ( SIi - -i =. Residential Lease concerning: ,901 S Mayhill Rd, Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (i) $,750 ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (i) - 750 El (ii) .......... % of one's month nth rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. ® Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers ❑ Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ® Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Landlord c /o: 14 i Properties P.O. Box 603 Argyle, TX. 76226 F- mail :ti3( Pro 1 �er0ir . 1 _ J (z) naalel c °ont Fax: 972 - 691 -7073 (TAR -2001) 1 -1 -12 & Landlord or Landlord's Representative S Page 13 of 15 _ ._..._ _ .w.• 41,",K M4 O N 5 AN1 1-01 '" 11M rylypM'B 69T doop isvgio.rhnu vordfi(niEnr,. , .;. i,i 0n *..> 14 '.l0 Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Audrey Tyler Perry, 2601 La Frontera Blvd 2118, Round Rock, TX 7WKIne: 214.901.5363 Address: Aida S. Olivas, 1911 Ainsley Ct., Corinth, TX 76210 940.597 3448 E -mail: (TAR -2001) 1 -1 -12 Tenants: h:d' IM ED1C M' -&;tiAM loop u4igq „uhoH rwificmNo . ,':,,, z,,, 1 , ij � UI +.'S 19 "I "', f -'34.) Residential Lease concerning: 901 S Mayhill Rd, Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdos.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ® intends ❑ does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North , ❑will ®will not act as the property manager folandlord. ....._� J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Landlord .. Date IT Landlord Date Or signed for Landlord under written property management agreeme'',Fnttnno''r power of attorney: 1-7 08/20(13 10 63AM FDT By, V4NV -Q 3AM E .P6® bate ._ Shirley Johnson Broker's Associate's Printed Namemm Anne Lakust r, Licensed Supervisor 0535334 iroker's Printed Name License No. 3G Properties FirmITName aVn�PduriEVd �f 08/26/13 6:32PM EDT „� ! 6, VNr,2AMS TCQU -RT2Z Tenant Date (TAR -2001) 1 -1 -12 Page 15 of 15 -� 5u 0108/3/3S AM EDT �Ippr`�""W� `e,= LIKK -N0 Z YLQF-Q .............m.,......- . ..._. Tenant :m Date - - Tenant Date Tenant Date (TAR -2001) 1 -1 -12 Page 15 of 15 RI+ u9p! g MMmQ vertlui: a0mp r,.. ,np r ,,r:n t i r I vL I ' , 1;, ,_ ® ®, TEXAS ASSOCIATION OF REALTORS® RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. OTexas Assoclatlon of REALTORS®, Inc. 2012 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: , Shiron Investments Tenant(s): Monica Rodriguez, Alicia Rodrimez 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 921 S. Mayhill Rd., Denton, TX 76208 legally described as:A1330A, G. Walker, TR 35, 2.54 Acres, µµµw_ ...__r � m s, O1dwDCAD Tr 1F (1), 1F(2) Old DCAD T 1F, 1F(l), 1.I (2) ...... ......... _...._ .. In Denton County, Texas, together with the following non -real- property ms: Stove, Refrigerator __ ..... e real property ardie no en ra - property - &66611 co(lec ive y called the_ r .. 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date:, 11/05/2013 Expiration Date:. 07/31/2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date. B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. ( ) �• � 1 ��r� �J I& Landlord or Landlord's Representative:[ Page 1 of 15 TAR -2001 1 -1 -12 Terlalat�;._ 0.kx�p ,,,., ,Ho11 1lp ,ii � ;fi p:,I .`. ,.,;)!,r Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 C. Oral notice of termination is not sufficient under any circumstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 46, Paragraph 46(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $.650.00 for each full month during this lease. The first full month's rent is due and payable not later Hin— 12/01/2013 by (select one or more): ® cashier's check ® electronic payment ® money order personal check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) _ Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent.mm�mIT -_..._ B. Prorated Rent: On or before 11/05/2013 Tenant will pay Landlord $.565.00 as prorated rent from the Commencement Date through the ast ay of the month in which th '— is le ase Fegins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3G Pro erties - Chase Bank Acct #921868824 - And Chase branch will work Address: Owe ,r MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +1ate fee applies Payments at 3GHomesSite.com. $1 Convenience Fee for online payments. the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): ® cashier's check ® electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord 21 requires [I does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: (TAR -2001) 1 -1 -12 I- on ants: / & Landlord or Landlord's Representative .— _ Page 2 of 15 _ mx� 3a56M EDT 3:58PM EDP m ^� ukic p ! „pi„ aVoul a ver udkcndOurBV. ,, , I, (, ,( � rar,ii u;r r I i ;i I Residential Lease concerning: 921 S. MayhM Rd., Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $.100.00 ; or ❑ (b). % of one month's rent; and (2) additional late charges of $m10.00 per day thereafter until rent and late charges are paid in full,. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $.50.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, lup s any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Re ardless o any notation on a p meClt Landlord ma a l funds received from Tenant first tog nqn -rent obligations of Tenant, lnclud�nq but noel limited to late charges, returned a meat char es repairs, brokerage fees,, eriocfic utilities et char es and then td rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; () g .00 and $,10.00 per day thereafter 2 charge Tenant, as additional rent, an initial amount of $µ5O0 ..._ _._...._..� Y per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $J,300,00 by (select one or more): ® cashier's check ® electronic payment ❑ money order persona check or ❑ other means acceptable to Landlord. "Security deposit” has the meaning assigned to that term in §92.102, Property Code. (TAR -2001) 1 -1 -12 Tenants: ',��, & Landlord or Landlord's Representative [,�= Page 3 of 15 ihonvpi 'Jgna &une vedfiialicim: v. . w I ! , h, .Gr r1) Residential Lease concerning: 921 S. MaVhW Rd., Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must dive Landlord t least thirty (3,Q days written notice of surrender before Landlord is obligated to account for or refund the security deposit. Any refund of the security deposit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is http:// www .statutes.leclis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; Q) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m)costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. (TAR -2001) 1 -1 -12 Tenants: �_ _ &Landlord or Landlord's Represerrtativ� Page 4 of 15 791kIYlq '3H,o171 t�j9 'i;^fN'A9Wfl E79 3; "41PM EON 7 p.l °ia#M E4N'q' floop s'dgnature a +r.0 fic,vUm rl.nn J,, 11 1 v1i u. ! i I ) Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring s, cable„ and Internet connections except the following which Landlord wlll_p -6tI Wrwi a.agrea W, amounts under thi - paragraph are paya le lr ty o th � rvice providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this lease are (include names and ages of all ca Ayde Rodriguez 20, Alicia Noyelli� Rodriguez 21 B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (6) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E, Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 -days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all- terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of TAR -2001 1 -1 -12 Ten ant : � & Landlord or Landlord's Representative- ,,,"" , L. —I Page 5 of 15 1.501 M^t k M k5M M1 E0T 1 N.2.°uhk. RA hopa;„' g, ni , „WuoerdoVVOawuuNWin :r,,, ,11 W � )A, i if' ,!'7 Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale” or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $ 50.00 D. Kevbox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $.2 month's rends consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $ 50.00 . (4) Landlord the rop ndl_andlrard`s broken npt res ,gnsi'ble to Tenant, Tenant's ests,_farnil or occu ants for an larna es in "arias or losses arisina from use of the keybox Unless caused Landlord, the ro art rnena er or Landlord's broker. (TAR -2001) 1 -1 -12 Tenants I,,, nn Morn _� & Landlord or Landlord's Representative 2 _ Page 6 of 15 — 112 +AMtlUf illcrdrpslly ;n,miu°ea+a',po`fiia.miax,, I op iiiiIor.,' i,rI'P t, r, �W Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Proi erty and accepts it AS -IS provided that Landlord: B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant mu;s direct all re nests for re airs in com I!iance with Para ra t� 1f. 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear' means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. (TAR -2001) 1 -1 -12 Tenants: A &Landlord or Landlord's Representative ' Page 7 of 15 1 4 AAM l G! G Vd vu�p's �7di ,uN mildou� 'mu',�u.u'dtlp�u ^uu+auu,', r f- r000Ia� of i goo. ^ii.+ m ... loi �iWJYl . Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: and ..._ Once a week during, prin &fall. Twice a week d�arin summer. Other than waterin._ mm.. ill' b m —in tair��dmas owl o�r:m ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 i "erg nl ,,,�,,,, & Landlord or Landlord's Re resentnti e ,�- Page 8 of 15 -n ._. 5 3:. "; P9M�A d,3NP 3:T.Ctl�arv.N EG'e'G' Nb �,�A YGQ ° °. diclop rnp,N' „u arurra veOffi afloqu: V '�o; I J r r,n 11 /% o�, ' Residential Lease concerning:.921 S. Mayhill Rd., Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted ® not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call:,911 then 940 - 268 -4902 . Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion (TAR -2001) 1 -1 -12 Tenants: � & Landlord or Landlord's Representative 1 u , Page 9 of 15 3 :56I°N+1 {, 1 {. 580M f I,3'6. 1 i d,rW E 4k'i � ouh,w;vp ,bug o um ve IN harm : , r w' " ,, I r I i If,, If 6 i g: , TX 76208 Residential Lease concerning: 921 S. May R ., Denton, _...., IT _.�. (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f ) the followin g specific items or a ppliances: RJri,gerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or re oasts b Tenant for rake in than in installin rr airing ,or replacing security devices must be in writin Installation of additional securit devices or additional rake in or replacement of _ eourit devices desired by Tenant will be Daid by Tenant in advance and may, be installed only by contractors authorized by Landlord. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. ReCluesis for additional installation, int)ctiotor re pair of srt�o� alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 -12 Tenants. 1, , , & Landlord or Landlord's Representative-.L. I Page 10 of 15 „..,nwi,aarr Residential Lease concerning: 921 S. Mayhill Rd., Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant Will promptly reimburse Landlord for any loss. property damage. or cost of repairs or service to the Property caused by Tenant Tenant's quests any occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un aid rent against all of Tenant's nonexempt personal property that is in the Proaerty and may sere such nonexem t -r..o.perty if Tenant fails to pay rent. Subchapter C Chapter 54 Pro erty Code cloverns the rights and obli ations of the parties regarding Landlord's lien. Landlord may colledt a ohar e for aokin removin or storin ra e�i in addition to any other amounts Landlord is entitled to receive. Landlord mTma sell or dispose of any seized :)ropertV in accordance with the revisions of 54.045 Pro ert Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease- purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) IN HOUSE, ABSOLUTELY O SMOKING LEFT G GROUNDS. , SMDd Nti of smoking D inn Y AN is EIGARL'l E BC') "� "' MUST BE Tenant will maintain If cue, �e for eviction. DISPOSED OF, , " yard. riot: hma f,hrer tdratt �� 6'" mow ��td weed eat tgleranee. Otherwise landlord will take care of yard and charge tenant a minimum of $SO each time. Landlord at landlord's expense wall. chap �e AC filters.. Refrigerator is not warranted. Should' it ail tenant is responsible to repair it or provide their own refrigerator. Tenant MiJ T procure Renters Insurance within 1. clays of move in with liability coverage of $300,000 or more and )rovide landlord a coy of the olicy no later than 1.5 days after move in. RE: PARR GRAPH I.O.A. ECURIT DEPOSI - Payments toward security cleposit will be as follows. $650 due o.n or before Nov 1, 2013. $220 due on or before Dec 1, 2013. $220 due on or before )an 1,, 201. 4, $210 due on or before Feb %� µ2014.m 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (TAR -2001) 1 -1 -12 Tenants irf ,,, ., & Landlord or Landlord's Representative ,�� Page 11 of 15 0.VOOJJwStlU JW NP'. VerruBouWl ou'nl; v— r i (i, ,op t I "'o f [ annd I Residential Lease concerning. 921 S. Mayhill Rd., Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 28B, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. ( ) � � - & Landlord or Landlord's Representative 8, Page 12 of 15 TAR -2001 1 -1 -12 Tenants ._ ,I.WMrW °�,,rPMK� a .rnn r. � doorpm^?it,gn, uve aw 'In iti(XI: m , + :j; 1 u J o,vP) 6i , f Residential Lease concerning;,921 S. Mayhill Rd., Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (i) $,650 ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay.. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (i) $.6SO ❑ (ii) . % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. • Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers • Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ❑ Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ® Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty El ❑ ........ .... _ _. .... __ 11 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and _a cofy to: t ots 25rodri �ix(�zCr�.__._r.. f, yahoo.com a1y rodri uei)7@yatioo.com E -mail: Fax: Landlord c /o: ;,jG Properties .m_ - ,..._ .. .�.�.. P.O. Bx 603 Argryle, TX. 76226 E -mail: 3GProPertiesTX(@gmai1.com Fax: 972 - 691 -7073 (TAR -2001) 1 -1 -12 Tenants: w , mm �_ & Landlord or Landlord's Re pros � � Page 13 of 15 ^ N ff i19uinp y;�'d gn,Wflii i� w'eu'Ak ut"kym'r vr✓ U W iri r I, if ,i .r,,'i) i I 0,( P, :I 1 ", Residential Lease concerning: 921 S. Mavhill Rd., Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Oscar Rodriguez _. Phone: 940.230.0986 Address: 11825 Cinnamon Ln, Ponder, TX 76259 E -mail: (TAR -2001) 1 -1 -12 Ten,ants:,] _� _,,, �E_ 1._, __J ___4& Landlord or Landlord's Representativ'e] _7��,�,_� Page 14 of 15 !NEW doog7s! p °rpo wevea` k itl ona ,,., i. TI 1): •��/ , iv 1? .1 ' , : %D g:._ t ' ..w yhill Rd., Denton, TX 76208 Residential Lease concerning: 921 S. Ma G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ® intends []does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North will will not alt as a pe propert mana --age for Iandlor ❑ ® � Y g d. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Or signed for Landlord under written property management agreement or power of attorney: 0doop verified 1 70/3161311 25AM EDT y 1XQX DIGW E®TQ HKPH ate ��r e j o � son Broker's Associate's Printed N_a.....�m�..._e . _..M. _m. _.._....�. Anne f; a kusta,, ? ^ 0535334 Licensed to t�rv�tsor groi er's Printed Name License No. 3G Properties Firm Name .... � don ®op verared 56PM EDT VVXP -OA32 VFOB -QUNH Tenant andlord Date,.. Tenant Date Landlord Date Or signed for Landlord under written property management agreement or power of attorney: 0doop verified 1 70/3161311 25AM EDT y 1XQX DIGW E®TQ HKPH ate ��r e j o � son Broker's Associate's Printed N_a.....�m�..._e . _..M. _m. _.._....�. Anne f; a kusta,, ? ^ 0535334 Licensed to t�rv�tsor groi er's Printed Name License No. 3G Properties Firm Name .... � don ®op verared 56PM EDT VVXP -OA32 VFOB -QUNH Tenant Date dodoop ver 11007 /7 3 3 50PM EDT 47ME- CGW3- 7A -hMC Tenant Date Tenant Da'ie fenai1t Date (TAR -2001) 1 -1 -12 Page 15 of 15 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: Shiron Investments and Tenant(s): Leon James Shasteen 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 941 S. Mayhill Rd, Denton, TX 76208 legally described as:A1330A G. walker, TR 35,2.54 Acres. Old DGAD TR IF, 1 F(1), 1 F(2) in Denton County, Texas, together with the following non - real - property items: stove Tf a "rearprope and tf a n norm te - �ropo y are co ec lye y c e e copes y 3. TERM: A. Primary Tema: The primary term of this lease begins and ends as follows: Commencement Date-,joy 1.2013 Expiration Date ;June 30, 2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date, If Tenant is unable to occupy the Property by the 51h day after the Conimencernent Date because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becornes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, . repairs, or make -ready itecrls. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 6o days before the Expiration Date. B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. (TAR -2001) 1 -1 -12 Te,r Irtt ",'� + Landlord or Landlord's Represeerta ivea GtA— 1&41 page 1 of 15 776276 - 10671364- 15278302 -0 Document signed etec"nicagy; legally bindng by rederat statute; visit doHoap.mry Nenfy Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 C. Oral of tefmination isrrpt sufficient_urjder art ircurnstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 413, Paragraph 413(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $7so.00 for each full month during this lease. The first full month's rent is due and payable not later than July 1 .20 13 by (select one or more): ® cashier's check [] electronic payment ® money or er persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $_ as prorated rent from the Commencement Date through the last day of the month in which this lease begins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3c Properties Address: Chase Bank #921868824 - Any Chase Branch will work TENANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +late fee applies Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (:strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or rnor ): ❑ cashier's check ❑ electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord ®requires []does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive_ a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: (TAR -2001) 1 -1 -12 'tenant ° E:�J= & Landlord or Landlord's Repre enfal vo MY Page 2 of 15 776276- 10671364- 15278302 -0 Document signed electronically; legally binding by federal statute; visit dotloop cemlverify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $,.100.00 or ❑ (b), .% of one month's rent; and (2) additional late charges of $10.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, lup s any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: ig rdless of any notation on a a rnent Landlord rTUI apt funds received from Tenant first lo anv non-rent obligations of Tenant it clLacll rtgJbgL.not limited to„ lath Wc(targ s, returned t c h,arges ; airs,,. brokerage fees,, erio is u� ".lilies et char es grid ,then to cLj pavrrlen P 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit even temporarily, any pet on the Pro (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; 2 500.00 and $.10.00 per day thereafter Ocharge Tenant, as additional rent, an initial amount of $• per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. 5e S,urlt j De sit: can or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $750.00 by (select one or more): ® cashier's check ❑ electronic payment Vj money ordef iffs5T onchlck or El other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.1(1,2, Property Code. (TAR -2001) 1 -1 -12 'Ten°lnts &Landlord or Landlord's Representative kern "a _ Page 3 of 15 776276- 10671364- 15278302 -0 Dowment sgned eleclroncelly, legally binding by federal slalule; visit dolloop.mffdverify Residential Lease concerning: 941 S. Mayhiil Rd, Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund Tenant must aive Landlord at !oast thi 3_ days written notice of surrender before Landiotri is oblic aged to account for or refund t he �osit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left-hand corner of this form, is http:// vAqw.statutes.legis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; Q) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord m es written demand. ^� TAR -2001 1 -1 -12 Tenants: ��_, & Landlord or Landlord's Representative .- -�� I Page 4 of 15 � ) t�dtr)a �... 1776276- 10671364- 15278302 -0 Document signed legally binding by federal slatolw. visit da+oop.wm/verify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may use the Property as a private residence only. The only persons Tenant may permit to reside on the Property during the term of this tease are (include names and ages of al! occupants): Leon James Shasteen 27 B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C_ HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the 'Property to be used for: (1) any activity which is a nuisance, offensive, noisy„ or dangerous; () the repair of any vehicle, (3) any business of any type, including but not @invited to child care;.. (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (b) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 - days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 2 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all- terrain vehicles,, jet skis, and 'boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in file yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or art owners' association. Tenant may not store or permit any person to store any vehicles oil or adjacent to the (Property or on the street in front of (TAR -2001) 1 -1 -12 'Tenattts: _ r & Landlord or Landlord's Representative 'M El Page 5 of 15 1776276-10671364-15278302-0 D rnent signed electronically: legally binding by federal statute: visit dodoop.carnNerlfy Residential Lease concerning: 9415. Mayhin Rd, Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. G Trgp_Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $,35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's properly manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $1.500.00 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the ricitice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35.00 (4) l,. ndlor , toqrc rly_ rn rr, s or, and n iLorifs broker are rlol re on ible to Ten ntM . enant" grmsls, family,or o¢ cuffs for an d'arac es in`.lries or losses arisin from a of the ke box Lin less _r"aused 11 1.arwdlord, the ro erty � aM ac er or I � ndlord "s broker. (TAR -2001) 1 -1 -12 Tdnan - ..,,, & Landlord or Landlord's Representative,,IAG 4= Page 6 of 15 776276 - 10671364- 15278302 -0 Pocumenl signed electronically; legalty binding by federal sialute; visil dotloop.com /verify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord: n!a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Properly will be deemed to be free of damages, unless otherwise expressed in this lease. The �Inventor and Condition Form is not a re uest for re ° airs. Tenant must direct all regggsts for, 1 airs in corn liance with Para ra h 18, 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Properly by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will (lot be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. (TAR -2001) 1 -1 -12 Ta�rran .e._- &Landlord or Landlord's Retaresentwal9vr . m� Page 7 of 15 776276- 10671364- 15278302-0 Domment signed elaclronically, legally binding by federal sietute; visit dogoop verify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week during spring & fall. Twice a week during summer. Other than watering, the yard will be maintained as follows: ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tanant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D- Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 Ton &Landlord or Landlord's fielaresentaf'ia: Page 8 of 15 t, 776276 - 10671364- 15278302 -0 Document signed elecUOnically, legally binding by federal statute; visit dodoop.comiverify Residential Lease concerning: 941 S. Mayhill Rd. Denton. TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non -real- property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is [] permitted ® not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris_ 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call: 911 Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole iscretion. (TAR -2001) 1 -1 -12 Tenants & Landlord or Landlord's Representatiw-&E4 Ll Representative-&E Page 9 of 15 776276 - 10671364- 15278302 -0 ®ommenl signed ek�tronically; legally binding by federal statute; visit dDUoop.cornfveify Residential Lease concerning: 941 S. Mayh81 Rd, Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated In Paragraph 14C. F. Advance PSI ments and Reimbursement: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rokeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 clays after Tenant moves in. "Security device " has the meaning assigned to that term in §92.151, Property Code. B. All notices or rec uc sts Tenant for relc yi g,_p l rtgil ct, it l t llin% r_I pairing r re tac rng _qp a r ty. devices lwust to in wd'no. Installation of additionalN ecrari! devics or additional rakeyp A or replacement of sec uric deuces desired b - enant will be aid l renranl an dvance and mg be installe=d pn1y bpy.contrac,tors a tla�I t_ andl rct. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Requests for additional installat�q inspfci_,.,.., %m r�, -.,c.r rc it of smoke alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing, a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 -12 Tenants: � &Landlord or Landlord's RrrtosontaGivo;M,r-- Page 10 of 15 9 1776276- 10671364- 15278302 -0 0x ment signed electronically; legaNy binding by federal statute; visit dotfoop, oomJverify Residential Lease concerning: 941 S. Mayhilr Rd, Denton. TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will pr r pt reitlpburse I_.andP rill for an lose, _pr t , rqa o Qr cost of r palm pr service to ]he Property caused by Tenant Tenant's -guests any occupants or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attomeys' fees- Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un aid rent a atnst III of Tenant' raonexem erson I pro elt that is in the Pro ert and mgt seize such nonexerrt t rn _art it Tenant fails t y rent. Subcha p ter C Cha _ ter 54 Pro ert Code overns the ri hts and obit ti rr w of the laarties lgqardLnq Landlord's lien Landlord Mgy q lect a charge fpr.pgghin �mo, y wor storing_prop rty seized In addition to any thpr mount � Landlord rrd is entitles!! to ro i o,. Land!prd mfr_ well or dispose �raf ny � izgd property in accordance with the provisions of §54.045, Property Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss.. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a 6" mow and weed eat tolerance. Otherwise landlord will lake care of yard and charge lentant a minirrrum of 60 each time. Carpets must be profes iorr�ally cleaned upon move out, with a spy of receipt. Refrigerator is not warranted. Should it fail tenant is responsible to repair it or provide their own refrigerator. Landlord at landlords expense will change AC filters monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; .. - & Landlord or Landlord's fle rosewnt4at` ....�_- (TAR -2001) 1 -1 -12 Ter�ara �• la u , ewe M +�t�4 ..�.. Page 11 of 15 776276 - 10671364- 15278302 -0 Document signed a ectronically; legally binding by federal slatule; visit dotloop.comAderify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earfier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92,016, Property Code governs, the rights and obligations of the parties under this paragraph. If the fancily violence is committed by someone other than a cotenant or co- occupant of the Property, 1-enant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph, (TAR -2001) 1 -1 -12 °'IITena . -,• & Landlord or Landlord's Repmsentativo: ZJ Page 12 of 15 776276 - 10671364- 15278302 -0 Do meal signed eledr jmlly; IegaHy binding by Federal sla[ule; V151 doticnV -corn MVY Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76206 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (I)n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (i) $n /a ❑ (ii) . % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each parry to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. ® Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers ❑ Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ® Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty El 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Properly and a copy to: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX. 76226 E-mail : E- mail:shirle Y @3gproperties.biz Fax: Fax: 972 -691 -7073 (TAR -2001) 1 -1 -12 TenMtnf «:•• � & Landlord or Landlord's Ropresorrla iwe M Page 13 of 15 776276 - 10671364- 15278302 -0 onwmenl electronically; legally binding by federal slalule; visit dolloop_comherify Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controllinq Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTORSO member of the Texas Association of REALTORS® or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: (father) - 2-4424 Leon Shasteen father .m.._ ..._.— . ...__ ..... ,m, - -- ........_. Phone: 972- 34.... ........�. ............_� Address: 1232 Lambeth Ln, The Colony, TX E -mail: �. (TAR -2001) 1 -1 -12 Ten & Landlord or Landlord's Representative: I Page 14 of 15 776276 - 10671364- 15278302-0 Damrnent signed electronically. legally binding by federal statute; visit dolloap.mmlveriYy, Residential Lease concerning: 941 S. Mayhill Rd, Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see wWw.txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H_ Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ❑ intends ❑ does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North []will ®will not act as tho property manager for landlorl. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. L ts Landlord Date Or signed for Landlord under written property management agreement or power of attorney: X04115/2013 By: eSigned MGD4 HB @ 2:18 PM CDT Date Shirley Johnson Broker's Associate's Printed Name Anne Lakusta, Licensed Supervisor 0535334 Broker's Printed Name License No. 3G Properties Firm Name (TAR -2001) 1 -1 -12 1776276- 10671364- 15278302 -0 o «o,.nent Sigmas ically: legally banding by federal slatute; VM dotimp.comNerdY Page 15 of 15 AA V TEXAS ASSOCIATION OF REALTORS ADDENDUM REGARDING LEAD -BASED PAINT For use in the lease of residential property built before 1978. ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 941 S. Mayhill Rd, Denton, TX 76208 A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, lessors (landlords) must . disclose the presence of known lead -based paint and /or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a federally approved pamphlet on lead poisoning prevention. B. DISCLOSURE: (1) Presence of lead- based paint and/or lead-based paint hazards, (Check (a) or (b)). ❑ (a) Landlord knows of the following lead -based paint and/or lead -based paint hazards in the Property: ® (b) Landlord has no knowledge of lead -based paint an /or lead - based paint hazards in the Property. (2) Records and reports available to Landlord. (Check (a) or (b)). ❑ (a) Landlord has provided Tenant with all available records and reports pertaining to lead -based paint and /or lead -based paint hazards in the Property which are listed here: (b) Landlord has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the Property. C. TENANT'S ACNOWLEDGEMENT: ® (1) Tenant has received copies of all information listed in Paragraph B. ❑ (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home. D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT: (1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA - approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead -based paint and /or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based paint and/or lead -based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years. (2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and are aware of his /her responsibility to ensure compliance. E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. Landlord -, - -- _ Dante „� gate c. lgo led AKKQ - "i-r 5-) 2:21 PM CDT °tin Croker /fit ertt cat tiro Itl6� eSi ned AKKQ -Tr @ 2:21 PM CDT 6.r Broker /Agen? Date Date (TAR -2008) 10 -14-03 Tenant uare 776276 - 10671593- 15278604-0 Document signed electmniraW. legally binding by federal statute: vlstt dollDW.Comlverify Page 1 of 1 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: Shiron Investments ;and Tenant(s): Heather Olney, Timothy Wilson 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 961 S. Mayhill Rd, Denton, TX 76208 legally described as: Al330A G. Walker, TR 35, 2.54 Acres. Old DCAD TR 1 F,11 F(1), 1F(2) in Denton County, Texas, together with the following non -real- property items: Stove, Refrigerator he real properly and theu—no-n--r—e-a-T—property are co ec Ivey called the "Property" 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Date:June 20, 2013 Expiration Date ;June 30, 2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement; Date. If Tenant is unable to occupy the Property by the 5111 day after the Commencement. Date because of construction on the Property or a prior tenant's holding over of the Property Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date. B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. (TAR -2001) 1 -1 -12 Tenants: E4H6 GANF �& Landlord or Landlord's Representative 1 W E Page 1 of 15 72437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 C. Oral notice of termination is not sufficient under any circumstances, Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B, Paragraph 4121(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $750 for each full month during this lease. The first full month's rent is due and payable not later than July 1, 2013 by (select one or more): ® cashier's check ❑ electronic payment ® money order persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before ,June 20, 2013 Tenant will pay Landlord $275 as prorated rent from the Commencement ate t roug t e ast ay of the month in which thisls e� easeTegins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3c Properties Address: Chase Bank #921868824 - Any Chase Branch will work TENANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +1ate fee applies Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the (parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): R1 cashier's check ❑' electronic payment ® money order ® personal check or D other means acceptable to Landlord.. (4) Landlord ®requires []does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd —day of each month at 11:59pm, Tenant will pay Landlord for each late payment: �- �' & Landlord or Landlord's Represental'ive tw Page 2 of 15 (TAR -2001) 1 -1 -12 Tenant::, l��l IfJ t,;At�F 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comtvedfy Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $100.00 ;or ❑ (b), % of one month's rent; and (2) additional late charges of $10.00 per day thereafter until rent and late charges are paid in full, Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, lup s any late charges until Landlord receives payment. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION ess of an notation on a a ment Landlord ma a I funds received from Tenant firations of Teltan inc a din but not limited p,�late ch rimes, returned a rnent char fees eriodic utilities et char es and tpn to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $500.00 and $,10.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $750 by (select one or more): ® cashier's check ❑ electronic payment ® money order persona check or ❑ other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Code. a NF & Landlord or Landlord's Repre:�senlalive: 1w �'§Q Page 3 of 15 (TAR -2001) 1 -1 -12 T�rt�Nrtt�: �tl X63 rA. _ „ r 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit douoop.com/vedfy Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must give Landlord at lea Landlord is obligated to account for or refund the secant de o . n refund of the secuhty deposit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is http:// www .statutes.Iegis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or any alteration to the Property not approved in writing by Landlord; and (r) damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days (TAR -2001) 1 -1-12 Landlord makes written demand. - & Landlord or Landlord's Representative: F Page 4 of 15 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning. 961 S. Mayhill Rd, Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant may permit to reside on the occupants) : use the Property as a private residence only. The only persons Tenant may Property during the term of this lease are (include names and ages of all Heather Olney 19, Timothy Wilson 28 B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above - ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a. nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (3) any business of any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or (5) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles„ II- terrain vehicles, jet skis, and boats„ on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designa'ted'! common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of (TAR -2001) 1 -1 -12 Tenarlts:, tiff ANF & Landlord or Landlord's Representative: 1 l✓ Page 5 of 15 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant . may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $1,500 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable time after receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35.00 (4) Landlgtd, the prop t rr anag r, and ,LrLndlord's broker are not res onsible to Tenot l en rrt' n uests famil or occu ants for an d,arna t ,,__inyuries. or Io es nt sirt from Ilse of the ke box unless caused b landlord the ro ert mina er or Landlords broker. (TAR -2001) 1 -1 -12 Tenants: i! 9 � of . & Landlord or Landlord's Representative; 1 I ' Page 6 of 15 12437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dollcop.com/verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord: n/a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Invents and Condition Form is not a request for re airs. Tenant must direct all requests for repairs in clam la t race with P r r ph 18w 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and teas" means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) " Surrendee' occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment" occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. (TAR -2001) 1 -1 -12 Tenants: F4 13 �aNF & Landlord or Landlord's Representative: 1w s,F = Page 7 of 15 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/vedfy Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: 9 spring ice i g summer. g y Once a week Bunn s nn m& fall Twice a week �n" Other than waterin the and well be maintained as follows: ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 Tenants c „_, & Landlord or Landlord's Refire sentative: 1'w" MF Page 8 of 15 72437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material„ paint, or wallpaper; (7) install, change, or remove any:. fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability, or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendurn, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted R] not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call :911 Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain Judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord' s sole discretion. -, & Landlord or Landlord's Representative: gyp" e Page 9 of 15 (TAR -2001) 1 -1 -12 Tenants:, �,1�t� � 1*JF 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit doUoop com/verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or re oasts b Tenant for rake in chan in instalNin re airin or re lacin securit devices must b e rn writin Instal6atiorl of additional secr.lrit devices or additional rake ine r rMlcement of securit devices desired b Tenant wiEl be aid b Tenant In advance and mar be installed only b contractors autroriod b Landlord. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. Re oasts for, additional installation insCh_or,rr repair" of smoke alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. (TAR -2001) 1 -1 -12 Tenants: hry - r QyF _d & Landlord or Landlord's Representative: 1w E____J Page 10 of 15 72437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant will Dromptly reimburse Landlord for anv loss. oronertv darn l or cost of repairs or service to the Property caused by Tenant Tenant's guests any occupants, or any pets. 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un paid rent a airst alb of Tenant's nonexem t personal property that is in the Pro ert and ma seize such nonexem t ro ert if Tenant fails to Dav rent. Subchapter C Chapter 54,...Property Code governs the ri - hts and obligations of the arties re gar LandCord's CCen. Landlord fray ceClect a char e for acki, removir� gr storm r „g_seized in addition to any other amounts Landlord is entitled to receive. Lndlord_rna self or d'is ose of an seized prODertv in accordance wift the rovisions of 54.045 Pro ert Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 92.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a 6" mow and weed eat tolerance. Otherwise landlord will take care of yard and charge tenant a minimum of $50 each time. Refrigerator is not warranted. Should it fail tenant is responsible to repair it or provide their own refrigerator. Landlord at landlords expense will change AC filters monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one day written notice to vacate; (TAR -2001) 1 -1 -12 Tenants; Faun f;AF & Landlord or Landlord's Representative: 1w I= Page 11 of 15 �VV� 72437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dodoop.comNerify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting 'Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.0116, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. (TAR -2001) 1 -1 -12 'Tenants ?W ' . Wo & Landlord or Landlord's Reparesentatiwe: = - Page 12 of 15 �� 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/vedfy Residential Lease concerning: .961 S. Mayhill Rd, Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (I) $.n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (i) $n /a ❑ (ii) . % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing parry in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. • Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers • Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ❑ Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ® Residential Lease Guaranty ❑ ._ .._.r ... .. -. _. _.... 11 ❑ 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to: Bonny Olney 4951 Cape Coral Dr Dallas, TX 75287 E-mail: bsolney @hotmail.com Fax: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX. 76226 E- mai1:st4loy @3gpropori es.biz Fax: 972- 691 -7073 (TAR -2001) 1 -1 -12 Tenants: r l•I t F _ & Landlord or Landlord's Representative. 1wIME Page 13 of 15 12437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dolloop.comtverify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORSO or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Name: Bonny Olney, 4951 Cape Coral Dr, Dallas, TX 75287 Phone: 597 -257 Address: a Flores, 3548 Hickory ...�✓- _.__.....��.... �_ 214- ..._._— .wmm— �......m.. ....... S: ry ry St, Abilene, TX 79601 325 - 721 -2916 E -mail: bsolney @hotmail.com TAR -2001 1 -1 -12 Tenants: �° & Landlord or Landlord's Representative: Page 14 of 15 P- - At, IR C!;ANr 72437- 2493695 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 961 S. Mayhill Rd, Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdos.stateAx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant ❑ intends []does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North , ❑will ®will not act as the property manager for lan ord. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Or signed for Landlord under written property management agreement or power of attorney: 05/20/2013 By: eSigned 1WME -LO @ 5:11 PM CDT Gate Shirley Johnson Broker's Associate's Printed Name Anne Lakusta, Licensed Supervisor 0535334 Broker "s Printed Name License No. 3G Properties Firm Name (TAR -2001) 1 -1 -12 74oady We&m 05/2212013 eSigned E4HB -JD @ 11:50 AM CDT _ Tenant D a te y ,-, 05/22/2013 LL_ eSigned GANF -CQ @ 11:50 AM CDT Li Tenant Date F�_ Tenant I Date e Date 72437 - 2493695 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/verify Page 15 of 15 TEXAS ASSOCIATION OF REALTORS` ADDENDUM REGARDING LEAD -BASED PAINT For use in the lease of residential property built before 1978. ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 961 S. Mayhill Rd, Denton, TX 76208 A. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, lessors (landlords) must disclose the presence of known lead -based paint and /or lead -based paint hazards in the dwelling. Lessees (tenants) must also receive a federally approved pamphlet on lead poisoning prevention. B. DISCLOSURE: (1) Presence of lead - based_ paint and /or lead - based_ aint hazards. (Check (a) or (b)). ❑ (a) Landlord knows of the following lead -based paint and /or lead -based paint hazards in the Property: ® (b) Landlord has no knowledge of lead -based paint and /or lead -based paint hazards in the Property. (2) Records and reports available to Landlord. (Check (a) or (b)). ❑ (a) Landlord has provided Tenant with all available records and reports pertaining to lead -based paint and /or lead -based paint hazards in the Property which are listed here: „ ® (b) Landlord has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the Property. C. TENANT'S ACNOWLEDGEMENT: ® (1) Tenant has received copies of all information listed in Paragraph B. (2) Tenant has received the pamphlet entitled Protect Your Family from Lead in Your Home. D. AGENTS' NOTICE TO LANDLORD AND ACKNOWLEDGEMENT: (1) The brokers and agents to the lease notify Landlord that Landlord must: (a) provide Tenant with the EPA - approved pamphlet on lead poisoning prevention; (b) complete this addendum; (c) disclose any known lead -based paint and /or lead -based paint hazard in the Property; (d) deliver all records and reports to Tenant pertaining lead -based paint and /or lead -based paint hazards in the Property; and (e) retain a copy of this addendum for at least 3 years. (2) The brokers and agents to the lease have advised Landlord of Landlord's obligations under 42 U.S.C. 4852d and are aware of his /her responsibility to ensure compliance. E. CERTIFICATION OF ACCURACY: The undersigned have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. '2437- 2493315 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/verify J2 31 6 (� eSigned N6AL -9U @ 11:50 AM CDT � Landlord Date t �, Date �� u eSigned 1SA0 -XK @ 11:51 AM CDT ' °-- Idlord Date fer�ant Date 05/20/2013 eSit nDd L1T / -ire'? 4:39 PM CDT tift�.k�rokeriA eli� or Pro erk Y'�larla ef• Datd ' "enant Date eSigned LNTJ -IB @ 4:39 PM CDT ether Broker /Agent Date Tenant Date (TAR -2008) 10 -14 -03 Page 1 of 1 '2437- 2493315 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/verify eo2 TEXAS ASSOCIATION OF REALTORS RESIDENTIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ®Texas Association of REALTORS®, Inc. 2012 1. PARTIES: The parties to this lease are: the owner of the Property, Landlord,: Shiron Investments ;and Tenant(s): Carissa Hams, Rodney Hams 2. PROPERTY: Landlord leases to Tenant the following real property: Address: 981 S. Mayhill Rd., Denton, TX 76208 legally described as: in Denton County, Texas, together with the following non- real - property items: Stove he real prope y an a non -rea - propel y are co ec Ivey ca e e "Property". 3. TERM: A. Primary Term: The primary term of this lease begins and ends as follows: Commencement Datewarch 1, 2013 Expiration Date:May31, 2014 B. Delay of Occupancy: Tenant must occupy the Property within 5 days after the Commencement Date. If Tenant is unable to occupy the Property by the 5th day after the Commencement Late because of construction on the Property or a prior tenant's holding over of the Property, Tenant may terminate this lease by giving written notice to Landlord before the Property becomes available to be occupied by Tenant, and Landlord will refund to Tenant the security deposit and any rent paid. Landlord will abate rent on a daily basis for a delay caused by construction or a prior tenant's holding over. This paragraph does not apply to any delay in occupancy caused by cleaning, repairs, or make -ready items. 4. AUTOMATIC RENEWAL AND NOTICE OF TERMINATION: A. This lease automatically renews on a month -to -month basis unless Landlord or Tenant provides the other party written notice of termination not less than: (Check only one box.) ❑ (1) 30 days before the Expiration Date. ® (2) 60 days before the Expiration Date, B. If this lease automatically renews on a month -to -month basis, it will continue to renew on a month -to- month basis until either party provides written notice of termination to the other party and the notice of termination will be effective: (Check only one box.) ® (1) on the last day of the month following the month in which the notice is given. Landlord is not obligated to prorate rent even if Tenant surrenders the Property before the termination date. ❑ (2) on the date designated in the notice but not sooner than 30 days after the notice is given and, if necessary, rent will be prorated on a daily basis. ca TAR -2001 1 -1 -12 Tenants;,,, iw M, T�� d Landlord or Landlord's Representative n nv Page 1 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dolloop.com/verify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 C. Oral notice of termination is not sufficient under alb circurrmstances. Time is of the essence for providing notice of termination (strict compliance with dates by which notice must be provided is required). The date on which rent is due does not apply to the requirement for providing written notice of termination. If a box is not checked under Paragraph 4A, Paragraph 4A(1) will apply. If a box is not checked under Paragraph 4B, Paragraph 46(1) will apply. 5. RENT: A. Monthly Rent: Tenant will pay Landlord monthly rent in the amount of $goo for each full month during this lease. The first full month's rent is due and payable not later than March 1, 2013 by (select one or more): ® cashier's check ❑ electronic payment ® money order persona check or ❑ other means acceptable to Landlord. Thereafter, Tenant will pay the monthly rent so that Landlord receives the monthly rent on or before: ® (1) the first day of each month during this lease. ❑ (2) Weekends, holidays, and mail delays do not excuse Tenant's obligation to timely pay rent. B. Prorated Rent: On or before Tenant will pay Landlord $, as prorated rent from the Commencement Date through the last Jay of the month in which thls e�T se- egins. C. Place of Payment: Unless this lease provides otherwise, Tenant will remit all amounts due to Landlord under this lease to the following person or entity at the place stated and make all payments payable to the named person or entity. Landlord may later designate, in writing, another person or place to which Tenant must remit amounts due under this lease. Name: 3G Properties Address: Chase Bank #921868824 - Any Chase Branch will work TENANT MUST PUT HOUSE NUMBER ON DEPOSIT SLIPS or $100 +late fee applies Notice: Place the Property address and Tenant's name on all payments. D. Method of Payment: (1) Tenant must pay all rent timely and without demand, deduction, or offset, except as permitted by law or this lease. (2) Time is of the essence for the payment of rent (strict compliance with rental due dates is required). (3) Unless the parties agree otherwise, Tenant may not pay rent in cash and will pay all rent by (select one or more): ® cashier's check ® electronic payment ® money order ® personal check or ❑ other means acceptable to Landlord. (4) Landlord ® requires ❑ does not require Tenant(s) to pay monthly rents by one payment. (5) If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is not honored by the institution on which it was drawn, Landlord may require Tenant to pay such amount and any subsequent amounts under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this lease for Tenant's failure to make timely payments with good funds. E. Rent Increases: There will be no rent increases through the primary term. Landlord may increase the rent that will be paid during any month -to -month renewal period by providing at least 30 days written notice to Tenant. 6. LATE CHARGES: A. If Landlord does not actually receive a rent payment in the full amount at the designated place of payment by the 3rd day of each month at 11:59pm, Tenant will pay Landlord for each late payment: - (TAR -2001) 1 -1 -12 Tenants: �wTM mmT 5 � & Landlord or Landlord's Representative F(-lw y = Page 2 of 15 (7113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.comlverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 (1) an initial late charge equal to (check one box only): ® (a) $100.00 ; or ❑ (b) % of one month's rent; and (2) additional late charges of $10.00 per day thereafter until rent and late charges are paid in full. Additional late charges for any one payment may not exceed more than 30 days. Notice: §92.019, Property Code prohibits assessing a late fee until rent has remained unpaid for at least one full day after the date on which the rent is due. B. For the purposes of paying rent and any late charges, the mailbox is not the agent for receipt for Landlord (the postmark date is not the date Landlord receives the payment). The parties agree that the late charge is based on a reasonable estimate of uncertain damages to the Landlord that are incapable of precise calculation and result from late payment of rent. Landlord's acceptance of a late charge does not waive Landlord's right to exercise remedies under Paragraph 27. 7. RETURNED PAYMENT: Tenant will pay Landlord $35.00 for each payment Tenant tenders to Landlord which is returned or not honored by the institution on which it is drawn for any reason, lup s any late Charles tantil Lafdlord receives a went. Tenant must make any returned payment good by paying such amount(s) plus any associated charges in certified funds. 8. APPLICATION OF FUNDS: Regardless oflany rotation on a a ment Landlord ma a I fund's received from Tenant first to iny non -rent obliclations of Tenant includinni but not limited to late char es refurnod pment char es re airs brokers e fees eriodic utilities et char es and then to rent. 9. PETS: A. Unless the parties agree otherwise in writing, Tenant may not permit even temporarily, any pet on the Property (including but not limited to any mammal, reptile, bird, fish, rodent, or insect). B. If Tenant violates this Paragraph 9 or any agreement to keep a pet on the Property, Landlord may take all or any of the following action: (1) declare Tenant to be in default of this lease and exercise Landlord's remedies under Paragraph 27; (2) charge Tenant, as additional rent, an initial amount of $5oo.00 and $10.00 per day thereafter per pet for each day Tenant violates the pet restrictions; (3) remove or cause to be removed any unauthorized pet and deliver it to appropriate local authorities by providing at least 24 -hour written notice to Tenant of Landlord's intention to remove the unauthorized pet; and (4) charge to Tenant the Landlord's cost to: (a) remove any unauthorized pet; (b) exterminate the Property for fleas and other insects; (c) clean and deodorize the Property's carpets and drapes; and (d) repair any damage to the Property caused by the unauthorized pet. C. When taking any action under Paragraph 9B Landlord will not be liable for any harm, injury, death, or sickness to any pet. 10. SECURITY DEPOSIT: A. Security Deposit: On or before execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $N 00 by (select one or more): 0 cashier's check ❑ electronic payment ® money order personTcheck or ❑ other means acceptable to Landlord. "Security deposit" has the meaning assigned to that term in §92.102, Property Code. (TAR -2001) 1 -1 -12 Tenants: thnrrng ns & Landlord or Landlord's Representafive:ffiEl Page 3 of 15 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit doiloop,comFverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 B. Interest: No interest or income will be paid to Tenant on the security deposit. Landlord may place the security deposit in an interest - bearing or income - producing account and any interest or income earned will be paid to Landlord or Landlord's representative. C. Refund: Tenant must give Landlord at least thirt ir notice of surrender before Landlord is obli aced to account for or refund the security de osit. n refund of the securit de osit will be made payable to all Tenants named in this lease. Notices about Security Deposits: (1) §92.108, Property Code provides that a tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (2) Bad faith violations of §92.108 may subject a tenant to liability up to 3 times the rent wrongfully withheld and the landlord's reasonable attorney's fees. (3) The Property Code does not obligate a landlord to return or account for the security deposit until the tenant surrenders the Property and gives the landlord a written statement of the tenant's forwarding address, after which the landlord has 30 days in which to account. (4) "Surrender" is defined in Paragraph 16 of this lease. (5) One may view the Texas Property Code at the Texas Legislature's website which, as of the date shown in the lower left -hand corner of this form, is htto:// www .statutes.legis.state.tx.us /. D. Deductions: (1) Landlord may deduct reasonable charges from the security deposit for: (a) damages to the Property, excluding normal wear and tear, and all reasonable costs associated to repair the Property; (b) costs for which Tenant is responsible to clean, deodorize, exterminate, and maintain the Property; (c) unpaid or accelerated rent; (d) unpaid late charges; (e) unpaid utilities and utility expenses Landlord incurs to maintain utilities to the Property as required by this Lease; (f) unpaid pet charges; (g) replacing unreturned keys, garage door openers, security devices, or other components; (h) the removal of unauthorized locks or fixtures installed by Tenant; (i) Landlord's cost to access the Property if made inaccessible by Tenant; (j) missing or burned -out light bulbs and fluorescent tubes (at the same location and of the same type and quality that are in the Property on the Commencement Date); (k) packing, removing, and storing abandoned property; (1) removing abandoned or illegally parked vehicles; (m) costs of reletting (as defined in Paragraph 27), if Tenant is in default; (n) attorney's fees, costs of court, costs of service, and other reasonable costs incurred in any legal proceeding against Tenant; (o) mailing costs associated with sending notices to Tenant for any violations of this lease; (p) any other unpaid charges or fees or other items for which Tenant is responsible under this lease; (q) cost to restore walls, flooring, landscaping or writing by Landlord; and (r) damages to the Property caused by smoking, and removal of debris. any alteration to the Property not approved in including but not limited to stains, burns, odors, (2) If deductions exceed the security deposit, Tenant will pay to Landlord the excess within 10 days after Landlord makes written demand. (TAR -2001) 1 -1 -12 Tenant : � & Landlord or Landlord's Representative: Page 4 of 15 �yMM _T7S5 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit doiloop.comlverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 11. UTILITIES: A. Tenant will pay all connection fees, service fees, usage fees, and all other costs and fees for all utilities to the Property (for example, electricity, gas, water, wastewater, garbage, telephone, alarm monitoring systems, cable, and Internet connections) except the following which Landlord will pay: n/a Unless otherwise agreed, amounts under this paragraph are payable directly to the service providers. B. Unless provided by Landlord, Tenant must, at a minimum, keep the following utilities on, if available, at all times this lease is in effect: gas; electricity; water; wastewater; and garbage services. Notice: Before signing this lease, Tenant should determine if all necessary utilities are available to the Property and are adequate for Tenant's use. 12. USE AND OCCUPANCY: A. Occupants: Tenant permit to reside of occupants): may use the Property as a private residence only. The only persons Tenant may the Property during the term of this lease are (include names and ages of all Carissa Harris 27, Rodney Harris 28, Caleb Harris 3, Cadence Harris 6 mos. B. Phone Numbers and E -mail: Tenant must promptly inform Landlord of any changes in Tenant's phone numbers (home, work, and mobile) and e-mail not later than 5 days after a change. C. HOA Rules: Tenant must comply with any owners' association rules or restrictive covenants affecting the Property. Tenant will reimburse Landlord for any fines or other charges assessed against Landlord for violations by Tenant of any owners' association rule or restrictive covenant. D. Prohibitions: Unless otherwise authorized by this lease, Tenant may not install or permit any of the following on the Property, even temporarily: a spa, hot tub, above- ground pool, trampoline, or any item which causes a suspension or cancellation of insurance coverage or an increase in insurance premiums. Tenant may not permit any part of the Property to be used for: (1) any activity which is a nuisance, offensive, noisy, or dangerous; (2) the repair of any vehicle; (') any business of` any type, including but not limited to child care; (4) any activity which violates any zoning ordinance, owners' association rule, or restrictive covenant; (5) any illegal or unlawful activity; or ( ) activity that obstructs, interferes with, or infringes on the rights of other persons near the Property. E. Guests: Tenant may not permit any guest to stay on the Property longer the amount of time permitted by any owners' association rule or restrictive covenant or 10 days without Landlord's written permission, whichever is less. F. Common Areas: Landlord is not obligated to pay any non - mandatory or user fees for Tenant's use of any common areas or facilities (for example, pool or tennis courts). 13. PARKING RULES: Tenant may not permit more than 3 vehicles, including but not limited to automobiles, trucks, recreational vehicles, trailers, motorcycles, all terrain vehicles, jet skis, and boats, on the Property unless authorized by Landlord in writing. Tenant may not park or permit any person to park any vehicles in the yard. Tenant may permit vehicles to be parked only in drives, garages, designated common parking areas, or in the street if not prohibited by law or an owners' association. Tenant may not store or permit any person to store any vehicles on or adjacent to the Property or on the street in front of sa (TAR -2001) 1 -1 -12 Tenants: wT -p°7cF� & Landlord or Landlord's Representative, ad= Page 5 of 15 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 the Property. In accordance with applicable state and local laws, Landlord may have towed, at Tenant's expense: (a) any inoperative vehicle on or adjacent to the Property; (b) any vehicle parked in violation of this paragraph or any additional parking rules made part of this lease; or (c) any vehicle parked in violation of any law, local ordinance, or owners' association rule. 14. ACCESS BY LANDLORD: A. Advertising: Landlord may prominently display a "For Sale" or "For Lease" or similarly worded sign on the Property during the term of this lease or any renewal period. Landlord or Landlord's contractor may take interior or exterior photographs or images of the Property and use the photographs or images in any advertisements to lease or sell the Property. B. Access: Before accessing the Property, Landlord or anyone authorized by Landlord will attempt to first contact Tenant, but may enter the Property at reasonable times without notice to make repairs or to show the Property to prospective tenants or buyers, inspectors, fire marshals, lenders, appraisers, or insurance agents. Additionally, Landlord or anyone authorized by Landlord may peacefully enter the Property at reasonable times without first attempting to contact Tenant and without notice to: (1) survey or review the Property's condition and take photographs to document the condition; (2) make emergency repairs; (3) exercise a contractual or statutory lien; (4) leave written notices; or (5) seize nonexempt property if Tenant is in default. C. Trip Charges: If Landlord or Landlord's agents have made prior arrangements with Tenant to access the Property and are denied or are not able to access the Property because of Tenant's failure to make the Property accessible, Landlord may charge Tenant a trip charge of $35.00 D. Keybox: A keybox is a locked container placed on the Property holding a key to the Property. The keybox is opened by a special combination, key, or programmed access device so that persons with the access device may enter the Property, even in Tenant's absence. The keybox is a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury). Neither the Association of REALTORS® nor MILS requires the use of a keybox. (1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Ten ant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $.1,800 as consideration for the withdrawal. Landlord will remove the keybox within a reasonable- time a er receipt of the notice of withdrawal and payment of the required fee. Removal of the keybox does not alleviate Tenant's obligation to make the Property available for showings as indicated in Paragraph 14B. (3) If Landlord or Landlord's agents are denied or are not able to access the Property after first attempting to contact Tenant, Landlord may charge Tenant a trip charge of $35.00 (4) Landlord, the _property manager,, artd Landlord's br tker re riot res n ibleLL to Tenant Tenant's guests, family or oc_cup n for �tu� d tTZa es in tries gr lossg arusin from use of the ke box unless carused b Landlord, tf�e �ro�erty manager car Lanr�lord's broker, (TAR 2001) 1 -1 -12 Tenants: " 7' , 5 - & Landlord or Landlord's Representative: Y Page 6 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 15. MOVE -IN CONDITION: A. Landlord makes no express or implied warranties as to the Property's condition. Tenant has inspected the Property and accepts it AS -IS provided that Landlord: n/a B. Tenant will complete an Inventory and Condition Form, noting any damages to the Property, and deliver it to Landlord within 10 days after the Commencement Date. If Tenant fails to timely deliver the Inventory and Condition Form, the Property will be deemed to be free of damages, unless otherwise expressed in this lease. The Inventory and Condition Form is not a request for repairs. Tenant must direct all re guests for re airs in com fiance with Para rh t_. 16. MOVE -OUT: A. Move -Out Condition: When this lease ends, Tenant will surrender the Property in the same condition as when received, normal wear and tear excepted. Tenant will leave the Property in a clean condition free of all trash, debris, and any personal property. Tenant may not abandon the Property. B. Definitions: (1) "Normal wear and teas' means deterioration that occurs without negligence, carelessness, accident, or abuse. (2) "Surrender" occurs when all occupants have vacated the Property, in Landlord's reasonable judgment, and one of the following events occurs: (a) the date Tenant specifies as the move -out or termination date in a written notice to Landlord has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease. (3) "Abandonment' occurs when all of the following occur: (a) all occupants have vacated the Property, in Landlord's reasonable judgment; (b) Tenant is in breach of this lease by not timely paying rent; and (c) Landlord has delivered written notice to Tenant, by affixing it to the inside of the main entry door or if the Landlord is prevented from entering the Property by affixing it to the outside of the main entry door, stating that Landlord considers the Property abandoned, and Tenant fails to respond to the affixed notice by the time required in the notice, which will not be less than 2 days from the date the notice is affixed to the main entry door. C. Personal Property Left After Move -Out: (1) If Tenant leaves any personal property in the Property after surrendering or abandoning the Property Landlord may: (a) dispose of such personal property in the trash or a landfill; (b) give such personal property to a charitable organization; or (c) store and sell such personal property by following procedures in §54.045(b) -(e), Property Code. (2) Tenant must reimburse Landlord all Landlord's reasonable costs under Paragraph 16C(1) for packing, removing, storing, and selling the personal property left in the Property after surrender or abandonment. A (TAR -2001) 1 -1 -12 Tenants �wTM T7s� & Landlord or Landlord's Reprosentative: + Page 7 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.comlverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 17. PROPERTY MAINTENANCE: A. Tenant's General Responsibilities: Tenant, at Tenant's expense, must: (1) keep the Property clean and sanitary; (2) promptly dispose of all garbage in appropriate receptacles; (3) supply and change heating and air conditioning filters at least once a month; (4) supply and replace all light bulbs, fluorescent tubes, and batteries for smoke alarms, carbon monoxide detectors, garage door openers, ceiling fan remotes, and other devices (of the same type and quality that are in the Property on the Commencement Date); (5) maintain appropriate levels of necessary chemicals or matter in any water softener; (6) take action to promptly eliminate any dangerous condition on the Property; (7) take all necessary precautions to prevent broken water pipes due to freezing or other causes; (8) replace any lost or misplaced keys; (9) pay any periodic, preventive, or additional extermination costs desired by Tenant; (10) remove any standing water; (11) know the location and operation of the main water cut -off valve and all electric breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage; (12) water the foundation of the Property at reasonable and appropriate times; and (13) promptly notify Landlord, in writing, of all needed repairs. B. Yard Maintenance: (1) "Yard" means all lawns, shrubbery, bushes, flowers, gardens, trees, rock or other landscaping, and other foliage on or encroaching on the Property or on any easement appurtenant to the Property, and does not include common areas maintained by an owners' association. (2) "Maintain the yard" means to perform activities such as, but not limited to: (a) mowing, fertilizing, and trimming the yard; (b) controlling pests in the yard; and (c) removing debris from the yard. (3) Unless prohibited by ordinance or other law, Tenant will water the yard at reasonable and appropriate times including but not limited to the following times: Once a week during spring & fall. Twice a week during summer. _..- _.. Other than watering, the yard will be maintained as follows:. ❑ (a) Landlord, at Landlord's expense, will maintain the yard. Tenant will permit Landlord and Landlord's contractors reasonable access to the yard and will remove any pet from the yard at appropriate times. ® (b) Tenant, at Tenant's expense, will maintain the yard. ❑ (c) Tenant will maintain in effect a scheduled yard maintenance contract with: ❑ a contractor who regularly provides such service; ❑ C. Pool /Spa Maintenance: Any pool or spa on the Property will be maintained according to a Pool /Spa Maintenance Addendum. D. Prohibitions: If Tenant installs any fixtures on the Property, authorized or unauthorized, such as additional smoke alarms, locks, alarm systems, cables, satellite dishes, or other fixtures, such fixtures will become the property of the Landlord. Except as otherwise permitted by law, this lease, or in writing by Landlord, Tenant may not: (1) remove any part of the Property or any of Landlord's personal property from the Property; (2) remove, change, add, or rekey any lock; (TAR -2001) 1 -1 -12 Terlants. X &Landlord or Landlord's Ref`esortal`i'ven Page 8 of 15 X7113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com/verify Residential Lease concerning; 981 S. Mayhill Rd., Denton, TX 76208 (3) make holes in the woodwork, floors, or walls, except that a reasonable number of small nails may be used to hang pictures in sheetrock and grooves in paneling; (4) permit any water furniture on the Property; (5) install additional phone or video cables, outlets, antennas, satellite receivers, or alarm systems; (6) alter, replace or remove flooring material, paint, or wallpaper; (7) install, change, or remove any: fixture, appliance, or non - real - property item listed in Paragraph 2; (8) keep or permit any hazardous material on the Property such as flammable or explosive materials; (9) keep or permit any material or item which causes any liability or fire and extended insurance coverage to be suspended or canceled or any premiums to be increased; (10) dispose of any environmentally detrimental substance (for example, motor oil or radiator fluid) on the Property; or (11) cause or allow any lien to be filed against any portion of the Property. E. Failure to Maintain: If Tenant fails to comply with this Paragraph 17 or any Pool /Spa Maintenance Addendum, Landlord may, in addition to exercising Landlord's remedies under Paragraph 27, perform whatever action Tenant is obligated to perform and Tenant must immediately reimburse Landlord the reasonable expenses that Landlord incurs. F. Smoking: Smoking by Tenant, Tenant's guests, family, or occupants is ❑ permitted ®not permitted on the Property. If smoking is not permitted and does occur on the Property, Tenant will be in default and: (1) Landlord may exercise Landlord's remedies under Paragraph 27; and (2) Landlord may deduct from the security deposit damages to the Property caused by smoking, including but not limited to stains, burns, odors, and removal of debris. 18. REPAIRS: (Notice: Subchapter B, Chapter 92, Property Code governs repair obligations). A. Repair Requests: All requests for repairs must be in writing and delivered to Landlord. If Tenant is delinquent in rent at the time a repair notice is given, Landlord is not obligated to make the repair. In the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, call: 911 Ordinarily, a repair to the heating and air conditioning system is not an emergency. B. NOTICE: If Landlord fails to repair a condition that materially affects the physical health or safety of an ordinary tenant as required by this lease or the Property Code, Tenant may be entitled to exercise remedies under §92.056 and §92.0561 of the Property Code. If Tenant follows the procedures under those sections, the following remedies may be available to Tenant: (1) terminate the lease and obtain an appropriate refund under §92.056(f); (2) have the condition repaired or remedied according to §92.0561; (3) deduct from the rent the cost of the repair or remedy according to §92.0561; and (4) obtain judicial remedies according to §92.0563. Do not exercise these remedies without consulting an attorney or carefully reviewing the procedures under the applicable sections. The Property Code presumes that 7 days is a reasonable period of time for the Landlord to make a diligent effort to repair a condition unless there are circumstances which establish that a different period of time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities). Failure to strictly follow the procedures in the applicable sections may cause Tenant to be in default of the lease. C. Completion of Repairs: (1) Tenant may not repair or cause to be repaired any condition, regardless of the cause, without Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at Landlord's sole discretion. (TAR -2001) 1 -1 -12 Tenants: i" ' "" 2 5 & Landlord or Landlord's Representative —J', Page 9 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 (2) Landlord is not obligated to complete a repair on a day other than a business day unless required to do so by the Property Code. D. Payment of Repair Costs: Except as otherwise specified in this lease, Landlord will pay to repair or remedy conditions in the Property in need of repair if Tenant complies with the procedures for requesting repairs as described in this Paragraph 18. (1) Landlord will pay the entire cost to repair the following items not caused by Tenant or Tenant's negligence: (a) heating and air conditioning systems; (b) water heaters; or (c) water penetration from structural defects. (2) Landlord will NOT pay to repair the following items unless caused by Landlord's negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property; (e) items that are cosmetic in nature with no impact on the functionality or use of the item; and (f) the following specific items or appliances: Refrigerator E. Trip Charges: If a repair person is unable to access the Property after making arrangements with Tenant to complete the repair, Tenant will pay any trip charge the repair person may charge, which amount may be different from the amount stated in Paragraph 14C. F. Advance Payments and Reimbursements: Landlord may require advance payment of repairs or payments under this Paragraph 18 for which Tenant is responsible. Tenant must promptly reimburse Landlord the amounts under this Paragraph 18 for which Tenant is responsible. 19. SECURITY DEVICES AND EXTERIOR DOOR LOCKS: A. Subchapter D, Chapter 92, Property Code requires the Property to be equipped with certain types of locks and security devices. Landlord has rekeyed the security devices since the last occupant vacated the Property or will rekey the security devices within 7 days after Tenant moves in. "Security device" has the meaning assigned to that term in §92.151, Property Code. B. All notices or re west b Tenant for reke inr chap irrg;, D§talli9 security devices must be in wriliri Installation of additional securit devices or additional rekrir7 or rMlacement of securitv devices desired b Tenant will be, aid b Tenant in advance and rata b installed only by contractors authorized by Landlord. 20. SMOKE ALARMS: Subchapter F, Chapter 92, Property Code requires the Property to be equipped with smoke alarms in certain locations. le nests for additional installation ins � ection or re air of smoke �_ alarms must be in writing. Disconnecting or intentionally damaging a smoke alarm or removing a battery without immediately replacing it with a working battery may subject Tenant to civil penalties and liability for damages and attorney fees under §92.2611, Property Code. � ca (TAR -2001) 1 -1 -12 Tenants:. ,iu`rrnq & Landlord or Landlord's Representative; n (3y Page 10 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit doltoop.comfverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 21. LIABILITY: Unless caused by Landlord, Landlord is not responsible to Tenant, Tenant's guests, family, or occupants for any damages, injuries, or losses to person or property caused by fire, flood, water leaks, ice, snow, hail, winds, explosion, smoke, interruption of utilities, theft, burglary, robbery, assault, vandalism, other persons, condition of the Property, environmental contaminants (for example, carbon monoxide, asbestos, radon, lead -based paint, mold, fungus, etc.), or other occurrences or casualty losses. Tenant Pro ert caused b Tenant ITenanifor uestsoan occueantol' an petscost of re airs or service to the will rolTtptN reimbtar 22. HOLDOVER: If Tenant fails to vacate the Property at the time this lease ends Tenant will pay Landlord rent for the holdover period and indemnify Landlord and prospective tenants for damages, including but not limited to lost rent, lodging expenses, costs of eviction, and attorneys' fees. Rent for any holdover period will be three (3) times the monthly rent, calculated on a daily basis, and will be immediately due and payable daily without notice or demand. 23. RESIDENTIAL LANDLORD'S LIEN: Landlord will have a lien for un aid rent a irtst all of Tenant's nonexem t ersonal ro ert tf at is in tlae Pro ert and rr7a seize such nonexem t ro eri if Tenant fails to rent. Subchapter Cha ter 54 Prr ect Code overns the ri Irts and obNi ations of the artie to rardin Landlord's lien. Larrdlard ma collect chrtte for ap kin removin or storlr r perty seized_ in addition to an other amounts Landlord is entitled to receive. Landlord rrwa sell or dis ose of an seized ro ert in accordance with the revisions of 54.045 Pro Code. 24. SUBORDINATION: This lease and Tenant's leasehold interest are and will be subject, subordinate, and inferior to: (i) any lien or encumbrance now or later placed on the Property by Landlord; (ii) all advances made under any such lien or encumbrance; (iii) the interest payable on any such lien or encumbrance; (iv) any and all renewals and extensions of any such lien or encumbrance; (v) any restrictive covenant; and (vi) the rights of any owners' association affecting the Property. 25. CASUALTY LOSS OR CONDEMNATION: Section 2.054, Property Code governs the rights and obligations of the parties regarding a casualty loss to the Property. Any proceeds, payment for damages, settlements, awards, or other sums paid because of a casualty loss to 'the Property will be Landlord's sole property. For the purpose of this lease, any condemnation of all or a part of the Property is a casualty loss. 26. SPECIAL PROVISIONS: (Do not insert a lease - option or lease - purchase clause without the assistance of legal counsel. Special obligations and liabilities under statute apply to such transactions.) ABSOLUTELY NO SMOKING IN HOUSE. SMOKING OUTSIDE ONLY AND ALL CIGARETTE BUTTS MUST BE DISPOSED OF, NOT LEFT ON GROUNDS. Evidence of smoking in house is cause for eviction. Tenant will maintain yard not higher than a W mow and weed eat tolerance. Otherwise landlord will take rare of yard and charge tenant a minimum of $50 each time. Carpets must be professionally cleaned upon move out, with a copy of receipt. Refrigerator is not warranted, Should', it fail tenant i responsible to repair it or provide their own refrigerator. Landlord at landlords expense will change AC filters Monthly. 27. DEFAULT: A. If Landlord fails to comply with this lease, Tenant may seek any relief provided by law. B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant's right to occupy the Property by providing Tenant with at least one ' nn otice to vacate; & Landlord or Landlord's Representative: Page 11 of 15 ay wrl e (TAR -2001) 1 -1 -12 Tt�rvants: ,� _, "M TzS5 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit d0000p.00mlverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord's lien under Paragraph 23 and any other rights under this lease or the Property Code; and (4) Tenant will be liable for: (a) any lost rent; (b) Landlord's cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property; (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord's costs associated with eviction of Tenant, including but not limited to attorney's fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord's costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and (f) any other recovery to which Landlord may be entitled by law. C. Notice to vacate under Paragraph 2713(1) may be by any means permitted by §24.005, Property Code. D. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach by attempting to relet the Property to acceptable tenants and reducing Tenant's liability accordingly. 28. EARLY TERMINATION: This lease begins on the Commencement Date and ends on the Expiration date unless: (i) renewed under Paragraph 4; (ii) extended by written agreement of the parties; or (iii) terminated earlier under Paragraph 27, by agreement of the parties, applicable law, or this Paragraph 28. A. Special Statutory Rights Tenants may have special statutory rights to terminate the lease early in certain situations involving family violence, military deployment or transfer, or certain sex offenses. (1) Military: If Tenant is or becomes a servicemember or a dependent of a servicemember, Tenant may terminate this lease by delivering to Landlord a written notice of termination and a copy of an appropriate government document providing evidence of: (a) entrance into military service; (b) military orders for a permanent change of station (PCS); or (c) military orders to deploy with a military unit for not less than 90 days. Termination is effective on the 30th day after the first date on which the next rental payment is due after the date on which the notice is delivered. §92.017, Property Code governs the rights and obligations of the parties under this paragraph. (2) Family Violence: Tenant may terminate this lease if Tenant provides Landlord with a copy of a court order described under §92.016, Property Code protecting Tenant or an occupant from family violence committed by a cotenant or occupant of the Property. §92.016, Property Code governs the rights and obligations of the parties under this paragraph. If the family violence is committed by someone other than a cotenant or co- occupant of the Property, Tenant must give written notice of termination 30 days prior to the effective date of the notice. (3) Sex Offenses: Tenant may have special statutory rights to terminate this lease in certain situations involving sexual assault or sexual abuse. For more information about the types of abuse and assault covered by this provision, Tenant is advised to review §92.0161, Property Code. B. Assignment. Subletting and Replacement Tenants: (1) Tenant may not assign this lease or sublet the Property without Landlord's written consent. (2) If Tenant requests an early termination of this lease under this Paragraph 2813, Tenant may attempt to find a replacement tenant and may request Landlord to do the same. Landlord may, but is not obligated to, attempt to find a replacement tenant under this paragraph. sa (TAR -2001) 1 -1 -12 Tenants: JwrM T�zsS & Landlord or Landlord's Representative: (�W Page 12 of 15 7113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dolloop,condverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 (3) Any assignee, subtenant, or replacement tenant must, in Landlord's discretion, be acceptable as a tenant and must sign: (a) a new lease with terms not less favorable to Landlord than this lease or otherwise acceptable to Landlord; (b) a sublease with terms approved by Landlord; or (c) an assignment of this lease in a form approved by Landlord. (4) At the time Landlord agrees to permit an assignee, subtenant, or replacement tenant to occupy the Property, Tenant will pay Landlord: (a) if Tenant procures the assignee, subtenant, or replacement tenant: ® (i) n/a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (b) if Landlord procures the assignee, subtenant, or replacement tenant: ® (l)n /a ❑ (ii) % of one's month rent that the assignee, subtenant, or replacement tenant is to pay. (5) Unless expressly stated otherwise in an assignment or sublease, Tenant will not be released from Tenant's obligations under this lease because of an assignment or sublease. An assignment of this lease or a sublease of this lease without Landlord's written consent is voidable by Landlord. 29. ATTORNEY'S FEES: Any person who is a prevailing party in any legal proceeding brought under or related to the transaction described in this lease is entitled to recover prejudgment interest, attorney's fees, costs of service, and all other costs of the legal proceeding from the non - prevailing party. 30. REPRESENTATIONS: Tenant's statements in this lease and any application for rental are material representations. Each party to this lease represents that he or she is of legal age to enter into a contract. If Tenant makes a misrepresentation in this lease or in an application for rental, Tenant is in default. 31. ADDENDA: Incorporated into this lease are the following addenda, exhibits and other information. If Landlord's Rules and Regulations are made part of this lease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at Landlord's discretion, amend from time to time. ® Addendum Regarding Lead -Based Paint ❑ Agreement Between Brokers ® Inventory & Condition Form ❑ Landlord's Rules & Regulations ❑ Landlord's Additional Parking Rules ❑ Owners' Association Rules ® Pet Agreement ❑ Pool /Spa Maintenance Addendum ❑ Protecting Your Home from Mold ❑ Residential Lease Application ❑ Agreement for Application Deposit & Hold ❑ Residential Lease Guaranty .-- ... - ..... 32. NOTICES: All notices under this lease must be in writing and are effective when hand - delivered, sent by mail, or sent by electronic transmission to (Do not insert an e-mail address or a fax number unless the party consents to receive notices under this lease at the e-mail address or fax number specified.): Tenant at the Property and a copy to: E -mail: Fax: Landlord c /o: 3G Properties P.O. Box 603 Argyle, TX. 76226 E-mail"stliric,Y@3gi)ropollies.com ahir9ey @3gi)ropollies.com Fax: 940-691 -7073 ..� — _�......�.....�__— (TAR -2001) 1 -1 -12 T'en,ants.E M M5 E = &Landlord or Landlord's RepresentafiveQy= Page 13 of 15 17113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dolloop corn /verify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 33. AGREEMENT OF PARTIES: A. Entire Agreement: There are no oral agreements between Landlord and Tenant. This lease contains the entire agreement between Landlord and Tenant and may not be changed except by written agreement. B. Binding Effect: This lease is binding upon and inures to the benefit of the parties to this lease and their respective heirs, executors, administrators, successors, and permitted assigns. C. Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, refund to, or signature of, any one or more of the Tenants regarding any term of this lease, its extension, its renewal, or its termination is binding on all Tenants executing this lease. D. Waiver: Landlord's past delay, waiver, or non - enforcement of a rental due date or any other right will not be deemed to be a waiver of any other breach by Tenant or any other right in this lease. E. Severable Clauses: Should a court find any clause in this lease unenforceable, the remainder of this lease will not be affected and all other provisions in this lease will remain enforceable. F. Controlling Law: The laws of the State of Texas govern the interpretation, validity, performance, and enforcement of this lease. G. Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ or an active member of the State Bar of Texas does not negotiate this lease as a party or for one of the parties, either as a party's broker or attorney, this lease is voidable at will by Tenant. 34. INFORMATION: A. Future inquiries about this lease, rental payments, and security deposits should be directed to the person listed for receipt of notices for Landlord under Paragraph 32. B. It is Tenant's responsibility to determine, before signing this lease, if: (i) all services (e.g., utilities, connections, schools, and transportation) are accessible to or from the Property; (ii) such services are sufficient for Tenant's needs and wishes; and (iii) Tenant is satisfied with the Property's condition. C. The brokers to this lease have no knowledge of whether Landlord is delinquent in the payment of any lien against the Property. D. Unpaid rent and any unpaid amount under this lease are reportable to credit reporting agencies. E. Landlord is not obligated to respond to any requests for Tenant's rental and payment history from a mortgage company or other prospective landlord until Tenant has given notice of termination of this lease and Tenant is not in breach of this lease. (Notice: Landlord or Landlord's agent may charge a reasonable fee for processing such information.) F. If all occupants over 18 years of age die during this lease, Landlord may: (i) permit the person named below to access the Property at reasonable times in Landlord's or Landlord's agent's presence; (ii) permit the named person to remove Tenant's personal property; and (iii) refund the security deposit, less deductions, to the named person. Section 92.014, Property Code governs procedures to follow in the event of a tenant's death. Flame: Reginald Harris Phone: 713.304.9128 D -.m Address. Denton TX 2723 Roseheath Ln, E -mail: (TAR -2001) 1 -1 -12 Tenants: T7,sasa & Landlord or Landlord's Rt3resenta vo: OW Page 14 of 15 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.comlverify Residential Lease concerning: 981 S. Mayhill Rd., Denton, TX 76208 G. The Texas Department of Public Safety maintains a database that the public may search, at no cost, to determine if registered sex offenders are located in certain areas (see www.txdps.state.tx.us under on- line services). For information concerning past criminal activity in certain areas, contact the local police department. H. Landlord's insurance does not cover Tenant from loss of personal property. Landlord recommends that Tenant obtain insurance for casualties such as fire, flood, water damage, and theft. Tenant represents that Tenant []intends ❑ does not intend to purchase such insurance. I. Landlord's broker, Keller Williams Dallas Metro North + ❑will ®will not act as the property manager for landlord. J. This lease is negotiable between the parties. This lease is binding upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your attorney BEFORE signing. K. This lease should not be used in conjunction with executory contracts of any type, such as contracts for deed, leases with options to purchase, or lease options, without the advice of an attorney. Or signed for Landlord under written property management agreement or power of attorney: 02/28/2013 By: eSigned QWQY -WW @ 3:49 PM CST Date Shirley Johnson Broker's Associate's Printed Name Anne Lakusta 0535334 Broker's Printed Name License No. 3G Properties Firm Name (TAR -2001) 1 -1 -12 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Page 15 of 15 aa� 0311/2013 eSigned JWTM -KE @ 6:02 AM CST Tenant Date qa"a 03/1!2013 eSigned TZS5 -YT @ 8:28 AM CST Tenant Date Tenant gate enant Date 47113- 1908562 -0 Document signed electronically; legally binding by federal statute; visit dotloop.com /verify Page 15 of 15 ��o TEXAS ASSOCIATION OF REALTORS` PET AGREEMENT USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ®Texas Association of REALTORS®, Inc. 2003 ADDENDUM TO RESIDENTIAL LEASE CONCERNING THE PROPERTY AT 981 S. Mayhill Rd, Denton, TX 76208 A. PET AUTHORIZATION AND PET DESCRIPTION: (1) Tenant may not keep any pet on the Property unless specifically authorized by this agreement. "Pet" includes any animal, whether mammal, reptile, bird, fish, rodent, or insect. (2) Tenant may keep the following pet(s) on the Property until the above - referenced lease ends. Type: Dog Breed: Husky Mix Name:lke Color:Black Weight: 30 lbs. Age: Gender: male Neutered? Dyes []no Declawed? [3yes Ono babies Shots Current? Oyes []no T p e Dog Breed: Retriever Mix Name: Jrckio Age: Gender: r rnie CDior. Brown Weig h 3o Ibis. Neutered? Oyes ❑no Declawed? yes no Rabies Shots Cttrrefit ?'❑yes []no B. CONSIDERATION: In consideration for Landlord's authorization for Tenant to keep the pet(s) described in Paragraph A on the Property, the parties agree to the following. (Check any one or any combination of the following.) (1) On or before the date Tenant moves into the Property, Tenant will pay Landlord a pet deposit of The pet deposit is an increase in the security deposit in the lease and is made part of the security deposit for all purposes. This increase in the security deposit is not refundable before the lease ends, even if the pet is removed. Any refund of the security deposit, including this increase, is governed by the terms of the lease. ❑ (2) The monthly rent in the lease is increased to -$, ® (3) Tenant will, upon execution of this agreement, pay Landlord 3oo as a one -time, non - refundable payment. C. PET RULES: Tenant must: (1) take all reasonable action to insure that any pet does not violate the rights of other persons; (2) comply with all applicable statutes, ordinances, restrictions, owners' association rules, and other enforceable regulations regarding any pet; (3) keep the rabies shots of any pet current; (4) confine any pet that is a dog or cat, when outside, by fences or on leashes under Tenant's control; (b) confine any pet other than a dog or cat in appropriate cages at all times; () promptly remove any pet waste from the Property, including all living areas, garages, storage areas, yards, porches, patios, courtyards, and decks; and (7) promptly remove from the Property any offspring of any pet. D. ACCESS: Tenant must remove or confine any pet at any time that the pet is likely to limit or prohibit Landlord or other persons access to Property as permitted by the lease. (TAR -2004) 10 -14 -03 Initialed for Identification by Tenants:l MSHF I VJOP and Landlord: Ap M Page 1 of 2 47113- 1908563 -0 Document signed electronically; legally binding by federal statute; visit dogoop.coodverify Pet Agreement concerning 981 S. Mayhill Rd, Denton, TX 76208 E. DISCLOSURE CONCERNING PETS: (1) Is Tenant aware of whether any of the pets described under this addendum has ever bitten or injured another person? ❑Yes �No If yes, explain: (2) Is Tenant aware of whether any of the pets described under this addendum has any propensity or predisposition to bite or injure someone? Yes ®No If yes, explain: F. TENANT'S LIABILITY: (1) Tenant is responsible and liable for: (a) any damage to the Property or any item in the Property caused by any pet; (b) any personal injuries to any person caused by any pet; and (c) any damage to any person's property caused by any pet. (2) Tenant will pay all reasonable costs that are necessary to clean, deodorize, deflea, or repair any part of the Property, including but not limited to the carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, appliances, sod, yard, fences, or landscaping. G. INDEMNIFICATION: Tenant will protect defend indemni i and hold Landlord Landlord's ro e mans er and Landlord's jents harmless from an darns es costs attorne "s fees and ex erases that are cat teed ct of any het or Tenant. H. DEFAULT: If Tenant breaches any provision in this pet agreement, Landlord may exercise all or any of the remedies described under Paragraph 96 of the lease. I. SPECIAL PROVISIONS: Landlord Date Landlord Date Or signed for Landlord under written property management aft.. �t�en' d� rg f actor °ne . @ l3y�• eSi ned APEM -5A 3:57 PM CST 02ND 01. Printed Name: Shirley Johnson Firm Name: 3G Properties (TAR -2004) 10 -14 -03 ap, a 03/1/2013 , eSigned MSHF -NT @ 6:06 AM CST Tenant Date 03J11�(} 13 eSigned VJOP -1-8 @ 8:29 AM CST Tenant Date Tenant Date Tenant Date 47113- 1908563 -0 Document signed electronically; legally binding by federal statute; visit donoop.com/verify Page 2 of 2