PROPERTY MANAGEMENT AND EXCLUSIVE RENTAL AGREEMENT Owner will abide by all federal, state and local laws, ordinances and regulations governing fair housing rules and practices regarding discrimination, as well as all other pertinent laws. The Property listed herein shall be shown and made available to all persons without regard to race, color, religion, national origin, ancestry, sex, age, marital status, sexual orientation, presence of children, familial status, age over 62, physical or mental handicaps and all additional classes protected under all applicable local fair housing laws. NOW, THEREFORE, in consideration of the premises and the covenants hereinafter contained, it is hereby agreed by and between Owner and Manager/Agent hereto as follows: 1.DEFINITIONS: a.Income Paid to Owner (“Owner Income”): all rent and payments due to owner in excess of management fees or fees due to Manager according to this Agreement, including but not limited to overnight guest fees; lease termination fees; smoking fine(s). b. Fees Paid to Manager (“Management Fees”): all fees or receipts in excess of any monies collected from Tenant, and all fees identified within this Agreement as specifically due to Manager and/or Owner, including but not limited to NSF check fees; bank fees; rejected transfer fees; late fees; 3 to 5% surcharge for credit card use; e-check fees; administrative fees; legal fees; lease administrative fees; losses. c. Rent-to-Own: any transaction in which Owner enters an agreement with Tenant that includes rights or provisions allowing Tenant an "option to purchase" or similar language which would convert a rental/lease agreement to a purchase transaction. d. Tenant: person(s) or entity(ies) in lawful possession of the Property being managed by Owner, provided they are recognized by Owner and Manager as lawful Tenant(s). 2. AGREEMENT TO MANAGE: a. Engaging the services of Manager: Owner hereby appoints Manager as Owner's agent and property manager, with full authority to engage in such activities or services as are identified within this Agreement. Manager shall not be required to perform any services which are not specifically identified in this Agreement or any modification thereto, unless required to do so by any law which supersedes this Agreement. b. Relationship of Manager to Owner: The relationship of the parties to this Agreement shall be that of principal and agent, with Manager serving as the agent of Owner and an independent contractor of Owner. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship other than agency. Manager shall not be considered an employee of Owner.  c. Description of Property: "Property," as used throughout this Agreement shall be limited to the property or properties described on Exhibit A attached. The Exhibit may be amended or modified to add or reduce the number of properties at any time, provided Owner and Manager agree to the changes in writing. 3. TERM/RENEWAL: Owner hereby exclusively employs Agent to rent, lease, operate and manage the Property, upon the terms hereinafter. This Agreement shall automatically renew annually if Landlord select Standard Plan, unless properly terminated according to the terms of this Agreement. If Landlord has selected Gold Plan, a 30-day minimum notice is required. All open balances must be paid in full upon termination. 4. RENTAL RATE/TERMS: Owner hereby authorizes Agent to offer the Property for rent at a monthly rental agreed upon by landlord and agent. Agent shall negotiate and execute leases in his best judgment to secure the highest reasonable rent attainable consistent with the circumstances and existing rental conditions. Leases are to be written on the applicable The Lease Collection, LLC recommended lease agreement. 5.MANAGERS RESPONSIBILITIES: To assist Owner with the ongoing management of the Property, Manager shall perform the following: a. Collection and Disbursement: Manager shall collect all rent due and owing and provide to Owner all Owner Income. Manager shall remit to Owner all income, less any properly deducted fees/charges, by U.S. Mail, wire, automatic payment, or other arrangement as established by Manager and Owner. Before payment is remitted to Owner, Manager reserves the right to hold rent checks from Tenant with previous NSF or other payment issues until check has officially cleared Manager's bank. Should payment made by Tenant be refused or returned for any reason, Owner shall refund to Manager any such payment made to Owner within 3 days from written or verbal request, or the payment will be reversed and drafted from Owner's bank account on file. b. Late Payments from Tenants: Any Lease with Tenant shall include a late rent fee in the event Tenant rent is not received by the 5th day of each month. The late fee shall be limited to the maximum amount allowable by law. To the extent, Manager is not involved until the Lease has been executed, this fee shall still apply to Tenant. All late fees shall be paid to Management, if past due rent is collected by management before scheduled owner disbursement is due. If past due rent is collected after owner disbursement deadline, management shall pay owner 50% of late fee collected. Management reserves the right to employ additional efforts to pursue and collect past due rent on behalf of owner/client. In addition, management reserve the right to apply additional fees to tenant and this fee shall be deducted from amounts due to Owner. c. Advertising: Manager is hereby authorized to advertise and market the Property for rent, using periodicals, web sites or other on-line media, on-site signs or displays (provided the same comply with applicable law and ordinances), or such other means Manager deems necessary and appropriate; to show the Property to prospective tenants; and to cause references of prospective tenants to be investigated. Owner agrees to provide Property Manager with such access to the Property as may be necessary for any advertising. d. Lease negotiations: Manager will set rents that in the opinion of the Manager at the time of the rent negotiations with the Tenant reflect the market conditions of that time and approximate rents of comparable rental properties. Owner designates Manager as its agent tonegotiate and sign any and all lease agreements or related addenda on its behalf, unless expressly instructed otherwise in a written statement from Owner to Manager. Barring such instruction, Manager will employ best efforts to pursue lease terms and agreements consistent with the broad terms Owner and Manager have discussed for the Property. Manger is not, nor shall it be expected to be, legal counsel or a legal advisor to Owner. Owner is advised to seek its own legal counsel for legal issues or legal questions related to the Property. e. Property Inspections: Manager shall complete move-in and move-out inspections. Owner may request additional Property site visits or inspections per year, for an additional charge of $75.00 per inspection. Owner shall also pay all inspection fees, fines, costs and assessments charged by any governmental authority, and Owner shall indemnify and hold Manager harmless from and against the same unless an act or omission of Manager caused the imposition of such fees, fines, costs or assessments. 6. MANAGEMENT FEES & EXPENSES: As compensation for the services rendered by Manager under this Agreement, exclusive of reimbursements of and in addition to expenses to which Manager is entitled, Owner shall pay Manager as follows: If Landlord select Standard Plan, Manager shall be paid $95.00per month/unit recurring charge regardless if unit is VACANT or OCCUPIED for managing the Property.If Landlord select GOLD Plan, Manager shall be paid 8% per month/unit ONLY when unit is OCCUPIED for managing the Property.Owner must maintain an active credit/debit card on file, which will be billed as monthly recurring charges for services rendered. Owner will receive monthly invoices of all charges associated with on-going property management services, fees etc. If the property is a single-family home operating as a multi-unit rental, management fee will be applied to each unit leased, considering separate tenant accounts will be set up by management. The Manager fee includes 4 hours per year of on premises time by Manager for inspection or One (1) hour every three (3) months in-person or virtual Inspection (considering CDC Covid-19 Guidelines), in addition to the hours necessary to complete Manager Responsibilities. All other time requested of Manager that does not fall within Management Responsibilities shall be billed at $75.00/hour/per inspection, payable by Owner. Manager shall identify such excess time for Owner’s advance approval. 7. TERMINATION: a. BY OWNER, WITHOUT CAUSE: Owner shall have the right to terminate this agreement with or without cause. Owner shall notify Management Team in writing of its intention to terminate this Agreement on or before sixty (60) calendar days and upon paying a cancellation fee of $150.00 in which case this Agreement will be terminated. If Owner terminates this Agreement without cause, Agent shall be paid by Owner as compensation for its services an amount equal to $150.00 (cancellation fee) plus $95.00 per unit from the effective date of said termination to the end of the term of this agreement (initial or subsequent anniversary). Owner must maintain an active credit/debit card on file, which will be billed as monthly recurring charges for services rendered. Owner will receive monthly invoices of all charges associated with on-going property management services. b. TERMINATION BY AGENT: In the event Owner shall take or fail to take any action as required by law; the terms of this Agreement or the terms of the written lease, Agent, in Agents sole and absolute discretion, shall have the right to terminate this Agreement at any time by written notice to the Owner of the election to do so. c. TERMINATION DURING VACANCY: In the event that the Property remains vacant at any time for more than one-hundred and eighty (180) calendar days either Owner or Agent may terminate this Agreement upon written notice. If Owner exercises this right to terminate this Agreement, Owner shall pay to Agent the sum of $295.00 as compensation for Agent's efforts to lease the Property and shall pay the advertising and other costs actually expended by Agent in attempting to lease the Property. If Agent terminates this Agreement, Owner shall pay to Agent only the advertising and other costs actually expended by Agent in attempting to lease the Property. Additionally, any leasing or additional leasing fee shall be paid by Owner to Agent if a tenant has been shown Property prior to the termination of this Agreement even though the execution of the lease occurs after the expiration. Owner must maintain an active credit/debit card on file which will be billed as monthly recurring charges. Owner will receive monthly invoice of all charges associated with on-going property management services. d. NOTICE OF TERMINATION: Termination notice may be served personally, via email or by registered or certified mail. Termination shall be effective ten (10) days after same is deposited in the mails or hand delivered to Owner. Such cancellation shall not release the indemnities of the Owner set forth in this Agreement and shall not terminate any liability or obligation of the Owner to the Agent for any payment, reimbursement or other sum of money then due and payable to the Agent hereunder. Owner must maintain an active credit/debit card on file which will be billed as monthly recurring charges. Owner will receive monthly invoice of all charges associated with on-going property management services. e. Owner Responsible for Payments: Upon termination, Owner shall pay Manager any fees, commissions, and expenses due to Manager for services already rendered or payments due through the month of termination. Owner shall assume and satisfy the obligations of any contract or outstanding bill incurred by Manager under this Agreement. Manager may withhold funds for 30 days after the end of the month in which this Agreement is terminated in order to pay bills previously incurred but not yet invoiced and to close accounts. Manager shall deliver to Owner, within 30 days after the end of the month in which this Agreement is terminated, any balance of monies due Owner or Tenant security deposits, or both, which were held by the Manager with respect to the Property, as well as a final accounting reflecting the balance of income and expenses with respect to the Property as of the date of termination or withdrawal. The security deposit will not be released unless all parties agree in writing to the transfer of the security deposit from the Manager's trust account to Owner. f. Termination for Violation of Agreement or Law: Manager reserves the right to terminate this Agreement with 30 days written notice if Owner is found to have violated the Agreement. Manager reserves the right to terminate this Agreement immediately if Owner acts in a manner which, at the discretion of Manager, creates a hostile or otherwise harmful relationship with Manager, or Owner is found in violation of any federal, state, or local law that may create a liability to Owner, impact the goodwill or public reputation of Manager, or otherwise endanger Manager in any way. 8. ADDITIONAL CHARGES: a. New Clients: Owners who are new clients with Manager, who also have a Tenant Find/Tenant Placement Agreement with Manager, shall pay Manager a discounted One-time $200.00 set-up charge per unit upon signing this Agreement. Owners who have found their own Tenants without a Tenant Placement Agreement with Manager shall pay a one-time $200.00 set-up charge per unit to Manager upon signing Agreement. 9. LEASING & RENTING: a. Manager’s Authority: Manager is authorized to negotiate, prepare and sign all leases, including all renewals and extensions of leases and to cancel and modify existing leases for Owner; however, it is expected that the Owner approve and sign all leases, renewals, extensions, and addendum. To the extent, Owner wishes to take this responsibility or wants final approval of such terms, Owner must identify this to Manager, in writing. Leases are to be written on Manager's preferred lease agreement. 10. LEASING FEE: Owner agrees to pay Agent a leasing fee which is separate and apart from the property management fee. In return for advertising vacant Property, Owner shall pay Manager an amount equal to • 1 full month's rent for all leases up to 17 months • 1.5 times a month's rent for all leases from 18-35 months • 2 full month's rent for all leases 36 months or longer • Owner shall pay Manager an amount equal to 2 full month's rent for advertising rent-to-own Properties. Payment shall be due upon tenant's signing of lease, at the rental rate agreed to in the Lease. In the event the Owner shall procure a tenant on his own, Owner may choose to use The Lease Collection lease forms, addenda, and background check services for a fee of $350.00. The regular commission associated with lease length would no longer be due. In the event Manager showed the property to Tenant, prior to Owner showing the property, Manager has procured Tenant for purposes of commission being due from Owner. If Owner has procured the Tenant, the Manager will not provide a Tenant Warranty otherwise made available under the Tenant Placement Agreement. It is further agreed that in any instance where Agent is required to negotiate and/or have executed a longer term or lease renewal or extension that additional leasing fee shall be paid by Owner to Agent for each year or portion thereof that the lease is renewed or extended. Owner agrees to pay said leasing fee and/or additional leasing fee when a tenant has been obtained who is ready, willing and able to lease the Property on the terms and conditions set forth herein or any variance from those terms to which Owner may agree. Agent shall be entitled to retain said fees (or portion thereof) from the first full month's rent paid by Tenant. Agent is authorized and may decide to place a "For Rent" sign on the Property and to advertise the Property for rent. Owner may select the option to use additional paid advertising campaigns. Paid advertising campaign costs will be paid by Owner, and the form, content and frequency shall be in the sole discretion of Agent. Owner agrees to deposit $(DETERMINED BY LANDLORD) with Agent in advance of any advertising being placed by Agent, which amount agent shall not exceed without written consent of Owner. Agent’s obligation to advertise is at Agent’s sole discretion. Unused advertising dollars shall be refunded to Owner. 11. ENFORCEMENT OF THE LEASE AGREEMENT: To the maximum extent permissible by applicable law, Manager is authorized to institute, in Owner's name, all legal actions or proceedings for the enforcement of any lease term, for the collection of rent or other income from the Property, or for the eviction or dispossession of the Tenants or other persons from the Property. Manager is authorized to sign and serve such notices, as Manager deems necessary for lease enforcement, including the collection of rent or other income. If Manager deems it necessary, Manager may retain an attorney of Manager's choice after notice provided to Owner (unless Owner supplies Manager with the name of Owner's attorney). Owner shall pay all attorney’s fees and court costs as their actual costs are incurred. 12. EVICTION PROCEEDINGS: In the event eviction proceedings is necessary, Management Team may decide to contact Owner via phone or email as a curtesy to request permission to proceed with eviction administration services. Owner shall pay Manager a $350.00 fee for completing all administrative tasks required for eviction. This fee is for all cost associated with the eviction proceeding such as court filing fees, delivering court date documents via in-person process server or certified mail, and attorney fee for the first (1st) day in court in efforts to obtain a court ordered judgment for possession of property. Additional attorney fees beyond first (1st) day in court are priced separately or will cost $350 per hour when using Management preferred attorney. If the Owner has the Eviction Protection Plan, this fee shall be waived. In the event Owner is a corporation, LLC, or similar entity, Owner may be required to have their own attorney present to represent them at such an eviction hearing. In such event, Owner will not be represented by Manager in the eviction process, and Owner shall be responsible for hiring his own attorney at Owner's expense. 13. LEASE RENEWALS: Manager shall be paid $350.00 for each individual lease renewal, due to Manager at execution of lease renewal. Management fee will increase at $10.00 annually only as a result of securing a 3% to 5% rent increase. If rent increase is not secure or negotiated by management, management recurring fee will remain. 14. TENANT EXCHANGE PROGRAM: Under limited circumstances, Tenant and Owner may be eligible to participate in Manager’s Tenant Exchange Process whereby Tenant may be permitted to terminate the lease upon fulfillment of the following conditions: (i) Tenant is relocated outside the area due to Tenant’s occupation or an education program, is confronted with a health condition that affects Tenant or Tenant’s family members or any other condition or reason deemed acceptable within the discretion of Manager; (ii) Manager locates a new, qualified and suitable Tenant to enter into a new lease for the Property, provided the new tenant meets all lawful criteria established by Owner; (iii) the new tenant is approved by Owner, in Owner’s sole and absolute discretion, in writing; and (iv) Tenant pays Manager a leasing commission equal to the commission initially paid by the Owner for the current lease, which may include any other fees deemed necessary by Owner to compensate Manager for its efforts in locating an acceptable Tenant and preparing the necessary documents to effectuate the transfer. In the event the Tenant Exchange Process is not available to Tenant due to the failure to satisfy the above-referenced conditions or for any other reason, Tenant will not be relieved of his or her obligations under any lease agreement with Owner, including the duty to pay rent. Owner or Manager, on behalf of Owner, reserves the right to enforce the terms of this Lease agreement. If the Property is located in a community association or homeowner's association whereby the association governing documents prohibit a second lease from being signed within a specified period of time, the Tenant Exchange Process shall not be available, and Landlord has no obligation to consider or pursue another option. 15. INTEREST ON UNPAID SUMS: Any sums due Manager under the terms of this Agreement and not paid within 30 days after such sums have become due shall bear 8% interest per year on any unpaid balance by Owner. 16. NEGOTIATING WITH VENDOR/CONTRACTORS: Manager maintains business relationships with vendors and/or contractors who may be regularly retained by Manager for maintenance and other services. Sometimes these services are contracted for and paid in bulk or on a time-spent basis, where Manager is charged for the work performed on several properties, rather than on a per-property basis. Due to the ongoing nature of these relationships and the volume or bulk nature in which these services are contracted, Manager may receive such services at a price that is discounted from the same vendor or contractor’s established rates or a comparable market rate for such services. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per-service, per unit basis) are more or less than the market rate. Therefore, if Manager negotiates, hires, and manages such a vendor or contractor to perform work on the Property, Manager shall charge the published or market rates for such service, even in circumstances in which the fee ultimately paid by Manager (on a per-service, per unit basis) are more or less than the market rate. Any difference between the market rate being charged to Owner and the rate paid by Manager (which may be more or less than such market rate) shall be paid by or retained by Manager. 17.MAINTENANCE/MINIMUM BALANCE: a. Reasonable Maintenance & Repair: Manager shall coordinate repairs or maintenance reasonably necessary to maintain the quality and habitability of the Property for Property as approved by Owner and at Owner's expense. b.Owner warrants that the electrical, plumbing, heating and air conditioning and any other mechanical systems and related equipment, including kitchen and laundry appliances included as a part of the leased premises, shall be in good operating condition at the time of tenant’s occupancy. In the event tenant finds equipment not to be in good operating condition, Agent is authorized to have said equipment repaired and deduct the cost from Owner’s funds, if sufficient, or Owner will reimburse Agent promptly upon request from Agent. c.Except as provided herein, Owner authorizes Agent and Agent agrees to perform necessary and proper maintenance, repairs, cleaning and decorations in and to the Property and the purchase of incidental supplies therefore at Owner's expense. Owner agrees to deposit the sum of $(DETERMINED BY LANDLORD) to be held as a Minimum Balance with Agent to make routine repairs and work above and beyond routine property management duties. Costs of repairs or replacement of appliances, hot water heaters, HVAC furnaces, and other repairs, replacements or improvements shall be billed to Owner at actual contract costs to Manager. d.A reasonable charge may be made by Agent for time or charges necessary to comply with all applicable governmental laws or regulations and compliance with such rules or regulations, or excessive time spent in protecting Owner's interests in any way, such as legal actions or inspections. The Minimum Balance is to be maintained from the balance of rent monies or by additional funds paid promptly by Owner upon request from Agent. 18.EMERGENCY MAINTENANCE & REPAIRS: a.In the event of a request for maintenance which Manager deems to be an emergency issue, if Owner has not responded to request for permission to address the request within 24 hours, Manager reserves the right to address and correct all repairs that are immediately necessary for the preservation and safety of the Property, at the Owner's expense, to avoid the suspension of any essential service to the Property, to avoid danger of life or Property, or to comply with federal, state, or local law. Repair costs shall be paid to Manager from future rental income, deductible the month following the repair. For extenuating circumstances or emergency which may threaten the health or safety of Tenant or others or cause additional on-going damage to the property Manager has authority to use reasonable discretion in taking necessary precautions or timely response to address emergency issues within Manager's ability to address within the least amount of time necessary to prevent further harm until Owner has an opportunity to respond or intervene. b.Except in the event of emergencies, expenditures exceeding $(DETERMINED BY LANDLORD) will be made by Agent only after being authorized to do so by Owner. It is agreed and understood that emergency repairs are those which in the opinion of Agent are expedient, desirable or necessary for the health, comfort and safety of the tenant or for the protection of the Property; for compliance with housing codes or violation notices; or to maintain services to the tenant as called for by the lease, which repairs Agent is authorized to make. The decision of Agent will be accepted as final in any of the foregoing instances and charges for the same shall be billed to Owner. 19.NOTIFICATION & RESPONSE: Manager will contact Owner via both email and phone to provide information about maintenance requests placed on the Property. Owner is required to respond to requests within 48 hours of initial contact, or Manager may at its discretion contract for work to be completed and billed back to Owner. 20. ORDINARY MAINTENANCE & REPAIRS: All expenses associated with regular and ongoing Property maintenance shall require permission from Owner which may occur by written or verbal permission, including, phone, fax or email. Manager reserves the right to inspect Property randomly at the discretion of Manager. Owners with Home Warranty or Service Plans shall provide account information to Manager and must list Manager as an additional member on the account. Tenants shall be responsible for maintaining Property as addressed in their lease. Fines assessed by the city, municipality or state for violations such as snow removal, lawn/tree/landscaping issues, trash, or the like shall be paid first by Tenant (if consistent with terms of the lease) or by Owner if Tenant is unable or unwilling to pay. Owner shall have property and carpets professionally cleaned by a Manager- approved cleaning company prior to move in. a. Pre-Move-In Maintenance: In the event Owner and Tenant agreed prior to lease execution that Owner would complete specific repairs, these repairs and their due dates shall be written into and become part of the lease agreement. If the agreed upon repairs have not been completed by the due date or the move-in date, whichever is later, Manager reserves the right to hire a Manager-approved contractor to complete the maintenance or repairs. Owner shall be responsible for all maintenance and repair expenses as well as a 15% administrative fee payable to the Manager for the coordination and completion of such repairs. b.If Owner requests and authorizes Manager to make payments on the trusts or mortgages secured by the Property, Owner will keep the account funded with Manager in an amount sufficient to cover the monthly costs of the trusts, mortgages or expenses on the Property. Manager agrees, upon request and authorization by Owner, to make timely payments on any trust or mortgage secured by the said Property in accordance with a schedule of payments and account numbers supplied by Owner to Manager; provided, however, that there are sufficient funds immediately available in Owner's account with Manager for such purpose. Manager will not be expected nor obligated to advance or disburse any money, or any money owed as compensation to Manager for services hereunder for such purpose nor shall Manager be liable in any way to Owner for the default or any consequences thereof in the terms of any trust or mortgage. Manager in its sole discretion may make payments on said trusts or mortgages in the event that there is a deficiency but is under no obligation to do so. If at any time, for any reason, there is a deficit in Owner's account with Manager, Owner shall reimburse Manager within ten (10) calendar days of notice of said deficit. Owner expressly consents to said payments being advanced and made by Manager without Owner's prior approval. If reimbursement is not made to Agent within the ten (10) calendar day period, then this Agreement may be terminated in the sole discretion of Manager upon written notice to Owner. c.In the event that Owner, after having been given ten (10) calendar days’ notice of monies advanced by Manager, fails to reimburse Agent for said monies advanced on Owner's behalf by Manager, Manager in Managers sole election and discretion, shall have the option to charge8% per month interest on said unpaid balance, as well as the right to apply any of Owner's monies to pay said advancements and/or to pursue any legal and equitable remedies. d. Contractors: Owner may select the contractor to perform maintenance and repairs on Property, provided Owner assumes all responsibility for coordinating maintenance and repair work for contractor Owner has selected, including but not limited to supervision, licensure, insurance, and payment of contractor and follows the Owner Completing Maintenance Policies provided. Should the maintenance not be completed within the time allowed by law, Manager reserves the right to hire a Manager-approved contractor to complete maintenance or repairs originally contracted for by Owner. Owner shall be responsible for all maintenance and repair expenses. e. Payment for Repairs: Owner is solely responsible for all maintenance and repair expenses. If repairs are contracted through a Manager-approved contractor, all expenses shall by default be deducted from future monthly rent collected by Manager. In some instances, a down payment may be required before a Manager-approved contractor will begin repairs. Any such payment shall be made directly to Manager or Manager-approved contractor. 21.COMPLIANCE WITH CODES: a.At all times, Property is to be maintained in compliance with all City, County and municipal housing and property standards codes, including but not limited to maintenance condition and rent control/stabilization laws. If, at any time, repairs should become necessary to maintain compliance, Manager is authorized to cause such repairs to be made and to withhold the cost thereof from Owner’s account, if sufficient, or Owner agrees to promptly reimburse Manager, upon request. Should Owner refuse to permit or to pay for any such repairs, Manager shall have the right to cancel this Agreement. b.Except where caused by any negligent act or omission of Manager or Management employees, agents or contractors the Manager does not assume and is given no responsibility for compliance of any building on the Premises or any equipment therein with the requirements of any statute, ordinance, law or regulation of any governmental body of any public authority or official thereof having jurisdiction, except to notify the Owner promptly or forward to the Owner promptly any complaints, warnings, notices or summons received by it relating to such matters. The Owner represents that to the best of his knowledge the Premises and such equipment comply with all such requirements and authorizes the Manager to disclose the ownership of the Premises to any such officials and agrees to indemnify and hold harmless the Manager, its representatives, servants and employees, of and from all loss, cost, expense and liability whatsoever which may be imposed on them or any of them by reason of any present or future violation or alleged violation of such laws, ordinances, statutes or regulations, except where caused by any negligent act or omission of Manager or Manager's employees, agents or contractors. 22.WARRANTIES/SERVICE CONTRACTS/SERVICE PROVIDERS: Owner Agrees to provide Manager with all current warranties on installed equipment and appliances and the names and phone numbers of any contractor(s)/tradespeople that Owner desires Manager to utilize as needed. Manager will call contractors/tradespeople requested whenever possible, but in no event will Manager be held liable should Manager fail to do so. Owner agrees that no contractor, whether employed by Owner or Manager, shall provide services to the Property unless the contractor is properly licensed and first produces an insurance certificate naming Manager as additional insured for liability purposes. In the event there is a warranty, or Owner subsequently secures a warranty on the Property or any equipment therein, Manager will endeavor to utilize that warranty for repairs, but shall be under no obligation to place service calls through warranty companies. When possible, maintenance calls will be placed to owner’s warranty provider. If Manager is unable to reach the warranty provider or the warranty provider cannot perform required work within a reasonable time, which will vary based on the urgency of the task, Manager shall be free to order repairs through its usual vendors and Owner agrees to accept responsibility for payment. Call-back for warranty work will go to non-warranty company vendors. It shall be the Owner’s responsibility to provide Manager with warranty contact information, account numbers and/or terms. If there is a service contract that provides for periodic maintenance, the Owner shall advise Manager when that maintenance is due. Any heating, air conditioning, electrical or plumbing issues shall be treated as an emergency. Thus, if Owner’s warranty provider or preferred contractor cannot or does not perform within a reasonable time, which may be deemed to be only a few hours, Manager shall be free to order necessary repairs through its own vendors in order to satisfy emergency needs. 23.ACCOUNTING/DISBURSEMENTS: Management shall keep accurate records of the receipts and expenditures for the Property and shall furnish Owner with such data from time to time as Owner may require. Management shall make monthly disbursement of all funds received and maintained for or on behalf of Owner. Such depository shall be selected by Manager. Owner must allow management three (3) to four (4) business days as pertaining to banking regulations for any fund received by tenants via electronic transfer funds (ETF) to clear before being disbursed. Owner is responsible for interest on security deposits as mandated by state statute. Designated funds relating to the Property in such accounts remain the property of Owner subject to disbursement of expenses by Manager or collection of Management Fees described in this Agreement. Agent will submit to the Internal Revenue Service at the conclusion of each year, a Form 1099 indicating rents received for the lease of the Property. 24. COLLECTION OR RENTS/OTHER RECEIPTS: a. Manager's Authority: Manager shall collect all rents, charges and other amounts receivable on Owner's behalf in connection with the management and operation of the Property. Such receipts shall be deposited in the Rent Escrow Account maintained by the Manager. Management shall use best efforts to collect rents as and when the same become due and payable without recourse to legal action. However, Management has the right to hire an attorney at the expense of Owner to institute legal action in the name of Owner or Manager in an effort to collect rental and other expense items due from tenant and/or for repossession of the Property occupied by delinquent tenants or tenants in violation of lease covenants. When expedient and in Owner's best interest, Manager shall settle, compromise and release such actions or lawsuits or reinstate such covenants, including actions not relative to repossession of Property. 50% of late charges, returned check fees as permitted by the laws of state or other fees collected by Management from the tenant under the lease shall be retained by management as compensation for the additional work, time and administrative expense involved. All payments from tenant shall be applied to tenant’s oldest balance first unless such application is prohibited by law. b. Security Deposits: Manager shall collect a security deposit from tenant and shall deposit it into the Security Deposit Escrow Account. c. Deposit Disputes: In the event a Tenant challenges the security deposit disposition, it is Manager's policy to direct Tenant to address this issue with Owner, as Owner is required to determine the disposition of the security deposit. In the event the Tenant brings any suit, claim, or cause of action against or involving Manager in such a dispute, Owner agrees to indemnify and hold Manager harmless, which shall include but not limited, Owner paying Managers attorneys' fees incurred in such matter as well as judgments, liens, or costs assessed. 25. PROMPT DEPOSIT OF FUNDS: Management is directed to deposit, within thirty (30) calendar days of receipt, all security deposits received under newly executed leases in a federally insured Banking or Savings Institution authorized to conduct business within the state. This account shall be devoted exclusively to security deposits. Management shall not be held liable for any loss caused by the bankruptcy or failure of the bank or institution in which Owner's funds are deposited. Upon expiration or termination of any lease, or in the event tenant(s) shall vacate the Property prior to the expiration of the lease, Management shall inspect the Property for damages and shall determine, in the sole and exclusive judgment of management, the amount of deduction for damages to be applied against the rental security and Owner hereby agrees to be bound by such determination made by Management. In the event of a full or partial forfeiture of security deposits by tenant, Management shall apply such amount to the oldest charge on tenant’s account first, thereby entitling Management to any fees earned through the satisfaction of those charges by tenant, including management fees, late fees and other fees or charges due Management. 26. DISPERSEMENT OF RENTS & OTHER RECEIPT: a. Net Proceeds: To the extent that funds are available due to Owner monthly. b. Paper Check & Statement: Owners who choose to receive their rents via monthly printed- paper check accompanied by a paper statement, shall be charged $5.00 per check issued. This fee will be added to the monthly management fee. c. Fast Funds: Owners who wish to avoid the paper check fee may choose to sign up for Fast Funds direct deposit/ACH. Fast Funds is the electronic transfer of rental income via ACH also known as direct deposit or ETF. This service is at no additional charge. With Fast Funds, Owner also agrees to accept an electronic statement known as an "e-statement" instead of a paper statement. Fast Funds e-payments are processed each business day. Landlords agree to allow standard banking timeframe to allow incoming ETF payments received by tenants to fully clear within Managers rent escrow account whereas Manager will accurately record transactions on tenant and landlord ledger before rent disbursements are released. Standard banking regulations require 3-4 business days for electronic payments to accurately report to rent escrow account. 27. MANAGER IS NOT REQUIRED TO ADVANCE FUNDS: If the balance of funds held on behalf of Owner for disbursement is at any time insufficient to pay disbursements due and payable, Owner shall, not later than 10 days after written notice, remit to Manager sufficient funds to cover the deficiency. In no event shall Manager be required to use its own funds to pay such disbursements, nor shall Manager be required to advance any monies to Owner or to the Escrow Account. If Manager elects to advance any monies in connection with the Property to pay any Owner expense, Owner shall reimburse Manager, including interest at a rate of 8% per annum, and Manager may deduct such amounts from any monies due Owner. Any funds paid by Owner to Manager that are rejected due to NSF or other similar reasons will incur a $25.00 NSF fee, due to Manager. 28. FINANCIAL & OTHER REPORTS: a. Owner's Reporting to Internal Revenue Service ("IRS"): Owner is required to file all requiredIRS forms and meet all IRS requirements. Owner agrees to furnish Manager with a proper TIN (Taxpayer Identification Number) via an IRS W9 form, or other, applicable IRS approved document. b. Reports: Manager shall furnish Owner with a statement of cash receipts and disbursements from the operation of the Property, on a monthly basis. In addition, Manager shall, on a mutually acceptable schedule, prepare and submit to Owner such other reports as are agreed on in writing by both parties. Manager shall submit as required by the IRS at the conclusion of each calendar year a Form 1099 indicating the total income received from the Property. 29.SALES COMMISSION: In the event the Property is sold to the tenant during the tenancy or any renewal or extension thereof, or within one hundred and eighty (180) calendar days after the termination or expiration of any tenancy, Owner agrees to pay Agent a brokerage fee equal to 2.5% to 3% of the sales price unless negotiated otherwise between Agent and Landlord. 30.EXCLUSIVE RIGHT TO SELL: Because the efforts of Agent in effectively managing the Property described in this Agreement will enhance its value and contribute to its marketability and because the real estate license law of the state requires that a licensee may not show a property for sale or negotiate a sale without having a written listing agreement on the Property, and because Agent may know of opportunities to sell the Property and may wish to show and negotiate offers on the Property when Agent believes that a sale of the Property may be in the best interest of Owner, it is agreed that if Owner decides to sell or exchange the Property to tenant(s) or to other person(s) during the term of this Agreement or within ninety (90) calendar days following the expiration or termination of any lease agreement procured by Agent, or any renewal of such lease, Agent shall have the EXCLUSIVE RIGHT TO SELL or exchange the Property at a price and upon terms acceptable to Owner. In the event of such sale or exchange, Owner agrees to pay to Agent a brokerage fee in the amount of2.5 to 3% of the sale or exchange price. Owner agrees to execute a written exclusive right to sell listing agreement containing provisions as required by law on such form as shall be provided by Agent. Failure of Owner to execute a written listing agreement shall not relieve Owner from Owner’s Obligation to pay such brokerage fee to Agent in the event of a sale or exchange of the Property by Owner. 31.MULTIPLE LISTING: Manager and/or Agent reserve the right to The Property entered the property into the rental Multiple Listing System of the Metropolitan Regional Information System, Inc. Alternatively, manager may decide at sole discretion to use exclusive in-house marketing syndication tools and additional efforts to sale or rent the property. Owner authorizes Agent to cooperate with Brokers representing tenants (or buyers) in the rental (or sale) of the Property. 32.AGENCY/DUAL AGENCY: Owner acknowledges that Agent may represent other owners who have similar properties for rent and that Agent may show other available properties to any prospective tenant(s). Owner also acknowledges that Agent may work with or represent tenant(s) who are looking for similar properties to rent, but that a separate Consent for Dual Agency would be presented to Owner before licensees with Agent’s firm may show the Property to tenant(s) who are represented by Agent. In the event of Dual Agency and either Owner or Agent declines to consent in writing to Dual Agency, Agent may terminate the agency relationship with the tenant(s) and continue to represent Owner under the rental listing Agreement. If there is no consent to Dual Agency and Agent elects to continue to represent the Tenant, the rental listing Agreement shall be terminated. In such event, Owner must either represent himself or herself or arrange to be represented by a real estate licensee from another real estate company. Compensation to Agent shall be paid in accordance with the terms hereof and as set forth in the written rental listing agreement. 33.ADDITIONAL PROVISIONS: Additional provisions: None 34.DILIGENCE: Agent covenants and agrees to use diligence in the management of the Property during the term of this Agreement until expiration or termination of same, and to perform the services in leasing, rental, operation and management of the Property. Agent agrees to use best efforts and due diligence to procure a suitable tenant for vacancies as they occur in the Property in accordance with a schedule of rentals supplied by Owner to Agent and to endeavor to collect all rentals which become due in accordance with the terms of any lease now in existence on the Property, or which might be executed in the future by Agent for the benefit of Owner. Nothing in this Agreement shall be construed as a guarantee or warranty by Agent of the payment of rents or other charges by the tenant. 35.VISUAL PROPERTY INSPECTIONS: Manager will conduct Visual Property Inspections approximately every 3 months or annually, by appointment with tenant, of both the interior and exterior of the Property and will report the Property condition to Owner. 36.MINISTERIAL ACTS: Owner agrees that Agent may perform ministerial acts for Owner and tenant. A ministerial act is an act that Agent performs on behalf of Owner or tenant after the execution of a lease or rental application which assists the tenant to complete or fulfill a lease terms, which does not involve discretion or the exercise of Agent's own judgment. 37. INSURANCE: a.Owner's Insurance: Owner shall obtain and maintain adequate insurance against liability for loss, damage or injury to property or persons which might arise out of the occupancy, management, use, operation or maintenance of the Property. The deductible required under such insurance policies shall be Owner's expense. Owner shall obtain an Additional Insured Endorsement naming Manager as the Additional Insured under the policy on all liability insurance maintained with respect to the Property. The Additional Insured Endorsement shall provide coverage for Manager for any loss caused by any acts or omissions of Manager and/or any losses arising out of Manager's duties, work or operations under this Agreement. Liability insurance shall be an amount sufficient to protect the interests of both Owner and Manager in form, substance, and amounts reasonably satisfactory to Manager, but not less than $100,000 per event/occurrence. Owner shall provide Manager with proof of hazard and risk insurance policies in force and shall obtain adequate vandalism coverage for the Property. Owner shall furnish Manager with a certificate evidencing fire and liability insurance or with duplicate copies of such policies within 15 days after the date of this Agreement. Such policies shall provide that notice of default or cancellation shall be sent to Manager as well as Owner and shall require a minimum of 30 days written notice to Manager before any cancellation of or changes to such policies. Owner's failure to maintain such insurance shall result in Manager's authority to obtain such policies on behalf of Owner and Manager, at Owner's expense, which shall be deemed an additional fee or cost due to Manager. In the event of any loss, investigation, suits, damage, cost, expense (including attorneys' fees), liability or claims for personal injury or Property damage (collectively, "Claims") against Manager that would otherwise be covered under an Additional Insured Endorsement to any insurance policy and is not covered due to Owner's failure to obtain said Endorsement within the prescribed15-day time period or at all, Owner shall indemnify and hold Manager harmless from said Claims. Owner’s Acknowledgement to Insurance Requirements: I understand that without naming The Lease Collection additionally insured OR notifying my insurance company “in-writing” that The Lease Collection will serve as my property managers to my property insurance policy, my account may be placed on hold, and I many not receive future rent payments until I have done so. b. Tenant's Insurance: All Tenants procured by Manager are advised that it is recommended that they obtain renters insurance and that Owner's insurance does not cover tenants' personal items or affects. Owner may require Tenants to obtain renters insurance by notifying Manager in writing prior to lease execution. 38.MANAGER ASSUMES NO LIABILITY: Manager assumes no liability for any damages, losses, or acts of omission by the Tenant. Manager assumes no liability for any acts or omissions of Owner, previous Owners or previous brokers. Manager assumes no liability for default by any Tenant. Manager assumes no liability for violations of environmental or other regulations which may become known during the term of this Agreement. Any such regulatory violations or hazards discovered by Manager shall be brought to the attention of Owner, and Owner shall promptly cure them. Manager shall not be liable in the event of bankruptcy or failure of the depository bank where Owner's funds are deposited. 39. INDEMNIFICATION& OWNER’S’s RESPONSIBILITY TO DEFEND: a. Generally: Owner shall indemnify, defend, and hold Manager harmless from all loss, investigation, suits, damage, cost, expense (including attorneys' fees) liability or claims for personal injury or Property damage, including vandalism, incurred or occurring in, on or about the Property.  b. Indemnification Survives Termination: All representations and warranties of the parties contained herein, including any provisions of this Agreement that require Owner to have insured or to defend, reimburse, or indemnify Manager shall survive the termination of this Agreement. If Manager becomes involved in any proceeding or litigation by reason of having been Owner's Manager, such provisions shall apply as if this Agreement were still in effect. c. Litigation and Compliance Expenses: Owner shall pay all fines, penalties, or other expenses in connection with any claim, proceeding, or suit involving an alleged violation of any law pertaining to fair employment, fair credit reporting, environmental protection, rent control taxes or fair housing, including illegal discrimination on the basis of race, sex, color, religion, national origin, physical handicap, familial status, public assistance, age, elderliness or all other classes protected by state or federal law; provided, however, that Owner shall not be responsible to Manager for any such expenses if Manager is found in a court of law or tribunal of proper authority to have personally, and not in a representative capacity, violated any such law. Should Owner sue Manager, Owner shall pay the full costs of Manager’s attorneys’ fees and costs expended in defending itself, in the event Manager prevails in such suit. Nothing contained in this Agreement shall obligate Manager to employ legal counsel to represent Owner in any such proceeding or suit. d. Fees for Legal Advice: Owner shall pay reasonable expenses incurred by Manager in obtaining legal advice regarding compliance with any law affecting the Property, which shall be requested or required by Owner. In the event of unrepresented appearances in court by Manager, Owner agrees to pay Manager $75.00 per hour in lieu of attorney’s fees. However, it in no way shall be deemed legal advice as The Lease Collection DC officers, staff, and employees are not attorneys. 40. Owner Representations: Owner represents and warrants: that Owner has full power and authority to enter into this affecting the Property other than disclosed Tenant leases, copies of which have been furnished to Manager; that there are no recorded easements, restrictions, reservations or rights of way which adversely affect the use of the Property for the purposes intended under this Agreement; that the Property is zoned for the intended use; that all permits for the operation of the Property have been secured and are current; that any underlying mortgages or related liens permit rental of the Property or proper steps have been taken to ensure the Property being used in a manner consistent with how it has been represented to third parties, that the building and its construction and operation do not violate any applicable statutes, laws, ordinances, rules, regulations, orders or the like; that the information supplied by Owner is dependable and accurate; and that any loans, notes, mortgages, dues or trust deeds are fully paid or are current without defaults. 41.HOLD HARMLESS/INSURANCE: Owner agrees to indemnify, defend, hold harmless, and save Agent, its officers, directors, partners, employees and agents, from any and all liability for damages to persons or Property arising out of the condition of the premises or the use thereof that is beyond the control of Agent and from any expense in connection with any claim for damages. Owner will provide or otherwise authorize Agent to order, at Owner's expense, an Owner-Landlord-Tenant Liability insurance policy, naming both Owner and Agent as insured parties, with a minimum coverage to be $500,000, to save Owner and Agent harmless from any suit involving liability and the party obtaining such insurance shall provide the other party with a Certificate of Insurance for same, naming Agent as “additional insured” under the liability portion. In the event that the insurance certificate is not received by Agent within five (5) calendar days from the execution of this Agreement, Agent may obtain such insurance at Owner's expense. Owner shall obtain, at Owner's expense, a fire and casualty insurance policy to provide for adequate property damage, vandalism, malicious mischief and extended coverage insurance and Flood Insurance (if required) to protect his/her interest. In the event Owner’s insurance provider will not issue any coverage, as provided in this paragraph, it shall be the duty of Owner to seek alternative coverage which complies. Should Owner fail to obtain and maintain required insurance coverage, Owner shall remain personally liable for damages to the Property which may occur. Owner agrees to defend promptly and diligently, at Owner's expense, any claim, civil or criminal action, proceeding, charge or prosecution made, instituted or maintained against Agent or Agent and Owner, jointly or severally, arising out of the condition, management or use of the Property, or acts or omissions of employees of Owner in connection therewith, or otherwise, and to hold harmless and fully indemnify Agent from any judgment, loss or settlement on account thereof. 42.COMMON OWNERSHIP COMMUNITY RULES: Owner is responsible for providing Agent with any and all Condominium, Co-op or Homeowners Association rules and regulations, and Declaration, Covenants and Bylaws, where applicable. 43.RADON AND OTHER HAZARDS: Owner is responsible for providing Agent with all information known to Owner regarding hazardous substances and materials in the Property, including but not limited to asbestos, radon and lead-based paint. 44.PERSONAL PROPERTY: Owner agrees that Manager will not be responsible for Owner's personal possessions left on the Property and Owner is strongly urged to remove all personal possessions from the Property prior to rental. 45.UTILITIES AND SERVICES: a. Owner hereby authorizes Manager to enter into contracts, in Owner's name and at Owner's expense, for electricity, gas, fuel, water, sewer, trash removal and other services to and for the Property, when same are not the responsibility of the tenant. b.Owner shall be responsible for all utility hook-ups and contracts for other services as necessary or prudent for the operation of the Property and for the payment of all bills for the same, unless provided otherwise by the lease as Tenant's responsibility (for separately metered utilities). c.Authorization to Connect Services: Owner authorizes Manager to sign for and allow professional installation of cable or satellite services using any existing wiring or connections. If any additional connections, mounts, or cabling is needed, Owner authorization must be obtained. d.Electronic Signatures and Delivery: The Parties agree that the electronic signature of any Party on any document related to this transaction shall constitute a valid, binding signature of such Party. The Parties further agree that electronic delivery of this agreement or any documents through e-mail or similar electronic means shall constitute sufficient delivery to the other Party.  46. MISCELLANIOUS: Rights Cumulative; No Waiver: The exercise of any right or remedy provided in this Agreement shall not be an election of remedies, and each right and remedy shall be cumulative. The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of this Agreement, or to exercise any right or remedy provided in this Agreement, shall not be construed as a waiver of such right or remedy with respect to subsequent defaults. Every right and remedy provided in this Agreement may be exercised from time to time and as often as may be deemed expedient by the party exercising such right or remedy. Applicable Law and Partial Invalidity: The interpretation of this Agreement shall be governed by the state laws. Consent to Communicate: By signing this Agreement you have given expressed written permission to allow Manager to communicate with you using phone, email, text, fax, and instant messaging for the following purposes: contact necessary regarding the fulfillment of this agreement, marketing and advertising purposes deemed appropriate by Manager, and cross-branding efforts or initiatives between the companies with the same or common ownership structure as Manager. Manager will not be allowed to sell your personal contact information. 47.RENTAL LICENSE: Owner is responsible for, applying for, obtaining and timely renewing all licenses, permits and other approvals necessary for renting the property. To the extent Owner fails to obtain or maintain any applicable authorization or permitting necessary to rent the Property (including but not limited to permits from the city or municipality, authorization from a common interest community and the like) Owner agrees to indemnify and hold Agent harmless from any liability for damages or loss arising out of Owner's failure to maintain any required rental facility licenses. Owner will provide Agent with a copy of the current rental facility license at time of execution of this Agreement or as soon as the license is obtained, whichever first occurs. Owner acknowledges they have reviewed all state and local laws and/or penalties as a result of failing to comply with rental housing laws. Landlord agrees to maintain a current rental license or basic business license as required by state and local laws. Landlord can request Manager to assist with obtaining licenses at owner’s expense. Manager will apply a service fee separate from management and leasing fee of $150.00 for administration fee to assists with license process. 48.EMPLOYEES (Agent Agrees:) Owner covenants and agrees that any and all personnel required for the operation and maintenance of the Property shall be deemed independent contractors or employees of Owner and not Manager/Agent; that Manager/Agent may perform any of its duties through Owner's attorney, agents or employees or an attorney obtained by Manager/Agent; and that Manager/Agent shall not be responsible for the acts, defaults or negligence of the tenant and/or employees or agents of Owner, or any employees of independent contractors. 49.FINAL ACCOUNTING/REMITTANCE: Until expiration or termination of this Agreement for any reason whatsoever, Manager agrees to remit to Owner an accounting and all monies due to Owner as soon as all obligations regarding Property are satisfied. Owner agrees to remit immediately to Manager all monies due Manager in accordance with the terms of this Agreement upon demand by Manager. 50.ADVANCED NOTICE OF DISBURSEMENTS: Owner agrees to furnish advanced notice of any property taxes, special assessments, insurance or other charges against the Property if Manager is to remit such payments and it shall be Owner’s responsibility to ensure that Manager has sufficient funds with which to disburse these payments in a timely manner. Manager shall have no obligation to advance funds for said payments but shall promptly give written notification to Owner if there are not sufficient funds available. 51.SMOKE DETECTORS/CO DETECTORS: a.Owner has been advised that the state require, by law, that smoke detectors and CO Detectors be installed and in operating condition in accordance with such laws. Owner may contact the State or County Department of Fire and Rescue Service, Division of Fire Protection, or local municipal governments for information regarding the specific requirement of the Smoke Detector/CO Detector ordinances and agrees to comply with these requirements. b. At Owner's expense, smoke detectors and carbon monoxide detectors will be installed on the Property in accordance with the law, prior to the Tenant's occupancy. During the occupancy, it shall be the Tenant's responsibility to maintain all smoke detectors and carbon monoxide detectors. 52.SURVIVAL: The terms of this Property Management and Exclusive Rental Agreement shall survive the execution and delivery of any lease herein referenced and shall not be merged therein and further, shall survive the expiration and/or termination of this Agreement. 53.MANAGEMENT INFORMATION Owner shall complete and return to Agent all Residential Property Information via Form or Online during on-boarding, which shall be made a part of this agreement; and expressly incorporated by reference herein. 54.LEAD-BASED PAINT a.Lead Based Paint Hazard: Owner acknowledges that the Property, if constructed before 1978, is subject to Federal law (Title X) as to the presence of lead-based paint and/or lead-based paint hazards. Owner represents and warrants to Manager, Broker, Broker’s agents and cooperating brokers/agents, intending that they rely upon such warranty and representation, that the Property was constructed: (Owner to check one): ______ prior to 1978. ______ during or after 1978. ______ Owner is uncertain as to the date of construction. If Owner is uncertain as to date the Property was constructed, Owner agrees that, for the purpose of the lease contemplated by this Agreement, the Property will be treated as though it had been constructed prior to 1978. If Title X applies to the Property, Owner agrees to comply fully with the requirements as set forth in the EPA and HUD Real Estate Notification and Disclosure Rule. Accordingly, if applicable, Owner is required to disclose to tenant, based upon Owner’s actual knowledge, all known lead-based paint hazards in the Property and provide tenant with any available reports in Owner’s possession relating to lead-based paint or lead-based paint hazards applicable to the Property. Additionally, the Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards shall be attached and made a part of the lease. For detailed information regarding the EPA and HUD Real Estate Notification and Disclosure Rule, Owner should visit: http://www.epa.gov/region1/enforcement/leadpaint/section1018.html. b.Renovation, Repair and Painting of Property: In accordance with the Lead Renovation, Repair and Painting Rule (“RRP”) as adopted by the Environmental Protection Agency (the “EPA”), effective April 22, 2010, if the improvements on the Property were built before 1978, contractor(s) engaged by Owner to renovate, repair or paint the Property must be certified by the EPA where such work will disturb more than six square feet of paint per room for interior projects; more than 20 square feet of paint for any exterior project; or includes window replacement or demolition (“Covered Work”). Before and during any Covered Work project, contractor(s) must comply with all requirements of the RRP. An Owner who personally performs any Covered Work on a rental property is required to be certified by the EPA prior to performing such Covered Work. No certification is required for an Owner who personally performs Covered Work on the Owner’s principal residence. However, Owner has the ultimate responsibility for the safety of Owner’s family or children while performing such Covered Work. For detailed information regarding the RRP, Owner should visit http://www2.epa.gov/lead/renovation-repair-and-painting-program. Owner understands and acknowledges that compliance under the State and Local Programs is the sole responsibility of Owner and Owner agrees to read and become familiar with the requirements of State and Local Programs related to the leasing of property built prior to 1978. Owner agrees to comply with the State and Local Programs and agrees to undertake all responsibilities for compliance. Owner expressly confirms that Broker, Agent and/or Manager shall have no control - actual or apparent - over the Property for purposes of these laws and that for all purposes of these laws, Owner shall be solely in control of the Property and solely responsible for compliance. Broker, Agent and/or Manager agrees to notify Owner if Broker, Agent and/or Manager has actual knowledge of defects relating to the Property including the presence of peeling, flaking or chipping lead-based paint within the interior or exterior of the Property and agrees to forward written communications received from tenants related to lead-based paint to Owner. Owner agrees to indemnify Broker, Agent and/or Manager and hold Broker and/or Manager and its agents and subagents and employees harmless from all costs (including attorneys’ fees, actions, suits, debts, dues, sums of money, accounts, contracts, controversies, agreements, damages, judgments, claims and demands whatsoever, at law or in equity, or in any administrative proceeding) arising out of Owner’s failure to comply with the State and Local Programs. c. Limitation of Managers Undertaking: Except as otherwise stated herein, Manager shall have no further obligation, responsibility or legal liability in connection with any of the requirements as provided under the state or Local Programs. Except for the purposes of registering the property and obtaining required lead-based paint test(s) under the state Program, owner understands and acknowledges that Manager is neither authorized to act on behalf of owner, nor does Manager assume any responsibility or obligation to do so in connection with Owner’s duties under the State and Local Programs. d.Indemnification of Manager: Owner does for Owner, Owner’s heirs, personal representatives and assigns, release, indemnify, acquit, exonerate, discharge and hold harmless Manager and all of the stockholders, partners, officers, agents and employees of Manager of and from all and every manner of action and actions, causes of actions, suits, debts, dues, sums of money, costs, including reasonable attorneys’ fees, accounts, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, claims, and demands, whatsoever, directly or indirectly, at law or in equity, for any failure of Owner to perform or satisfy any of the requirements or provisions of the Federal, State and Local Programs; Agent’s management of the Property; or any allegations of lead paint poisoning. 55.NOTICE TO OWNER - LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS Owner acknowledges that Property may be subject to Federal and Maryland law as to the presence of lead-based paint and/or lead-based paint hazards. Owner acknowledges the receipt of the following from Manager: 1.Under Federal Law (the Residential Lead-Based Paint Hazard Reduction Act of 1992) a.The "EPA and HUD Real Estate Notification and Disclosure Rule" brochure; and b.The EPA "Protect Your Family from Lead in Your Home" brochure. 2.Under State Law (the State Lead Poisoning Prevention Program) a.The Notice of Tenants' Rights, Lead Poisoning Prevention, published by the Department of the Environment. b.The EPA "Protect Your Family from Lead in Your Home" brochure (the same brochure as 1.b). Owner acknowledges that the Property may not be rented or occupied unless and until the items listed in 2 (a and b) above have been provided to any prospective tenant as well as the current verified inspection report applicable to the Property as issued by the Maryland Department of the Environment. Owner understands and acknowledges that compliance under the Federal, State and Local laws is the sole responsibility of Owner and that Owner will read and become familiar with the requirements of Federal, State and Local law as contained in the above brochures and notice. 56.LIENS/MORTGAGES/JUDGEMENTS/FORECLOSURE/BANKRUPTCY: a. Owner represents to Agent and/or Manager that Owner is current, unless otherwise specified herein, shall remain so, and is not in default on any mortgages or lines of credit secured by the Property. Owner also represents that there are no liens or judgments against the Property and/or Owner including but not limited to Federal, State or Local tax liens, and unpaid condominium or homeowner association fees. Additionally, Owner represents that Owner has not filed for bankruptcy protection and is not contemplating doing so during the term of this Agreement or any renewal or extension. Owner agrees to immediately notify Agent of any changes in the status of the aforementioned liens, mortgages, lines of credit, judgments and material facts. b.In the event Owner shall file for protection under the bankruptcy laws of the United States or in the event a lender shall file a Petition of Foreclosure against the Property, Owner shall immediately notify Agent and/or Manager in writing of such filing, and in such event, Agent, upon written notice to Owner, may elect to terminate this Agreement, such termination shall be effective upon receipt of written notice by Owner. 57.AGE RESTRICTED/SENIOR RENTAL COMMUNITY/FACILITY Landlord acknowledges, pursuant to Federal, State and Local laws, that Landlord SHALL offer an initial lease or, when a current lease expires, a renewal lease, with a lease term of AT LEAST twenty-four (24) months to a senior lessee (age fifty-five (55) or older) residing in age restricted senior housing, unless the senior lessee waives, in writing, on a separate waiver form or the written waiver is included in the written lease. The twenty-four (24) month lease or renewal lease shall apply to senior lessees in an age restricted facility, building or community that are at least fifty-five (55) years of age at the time the lease or renewal is offered. The lease term shall remain without fee or rent increases for the twenty-four (24) month period. Landlord further acknowledges that Landlord is required, prior to entering into a written lease or any renewal of such written lease, to provide written notice informing the senior lessee of the option of the twenty-four (24) month lease to all effected tenants (those fifty-five (55) years of age or older residing in an age restricted facility, building or community) upon entering into a new lease or renewal lease for the twenty-four (24) month lease. Landlord is required to keep a copy of such lease on file for a three (3) year period. Landlord is required to keep a record of seniors who are using a twenty- four (24) month lease period. A Landlord who fails to offer the twenty-four (24) month lease option to senior lessees at the time of the initial lease, or any renewal thereof, to qualified applicants may result in the forfeiture of the rental license 58.FINAL AGREEMENT Complete Agreement: This Agreement shall be binding upon the parties, and their respective heirs, executors, administrators, successors, and assigns. There are no warranties or representations not herein contained. The Agreement shall not be modified or amended without written agreement of the parties. a.The terms and provisions of this Agreement shall be construed and interpreted pursuant to the state and local laws. If any provision is deemed invalid within this Agreement, it shall not affect the remaining provisions as stated herein which shall be deemed valid and enforceable. Feminine or neuter pronouns shall be substituted for those of the masculine form, and the plural shall be substituted for the singular number, in any place or places herein in which the context may require such substitution. b.This Agreement shall be construed as having been entered into for business and commercial purposes. c.The captions appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of any paragraph or section of this agreement nor in any way affect this agreement. d.Notices required to be given to Owner by this Agreement shall be in writing and effective as of the date on which such notice is delivered to the last known address of Owner or when mailed to Owner's address as shown on this Agreement. Notices required to be given to Agent by this Agreement shall be in writing and effective as of the date on which such notice is hand delivered or mailed to the address of Agent as shown on this Agreement or to the last address provided to Owner by agent. 59. Foreign Investments in Real Property Tax Act ("FIRPTA"): Pursuant to the Internal Revenue Code Section 1441, the deduction of a withholding tax on all fixed or determinable gross income shall be required of any non-resident alien individual, fiduciary, foreign partnership or foreign corporation unless exempt under provisions provided under said IRS Section. If Owner is a non-resident alien individual, fiduciary, foreign partnership or foreign corporation, Manager will require a written statement from either a CPA or U.S. Tax Attorney. Landlords agree to notify Manager if Landlord is a non-resident alien individual, fiduciary, foreign partnership or foreign corporation. 60. Owners Acknowledgement to Insurance Requirements: I understand that without naming The Lease Collection additionally insured to my property insurance policy, my account will be placed on hold, and I will not receive future rent payments until I have done so. e.This Agreement is entered into and made with complete understanding, accord, and without reservation and shall be binding upon any successors, assigns, executors or heirs of the parties hereto. IN WITNESS WHEREOF, by agreeing to these terms the parties hereto have executed this Agreement. Manager will provide a copy of this agreement to be e-signed and returned to Manager upon completing new client on-boarding process.
I agree to these Terms & Conditions