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HomeMy WebLinkAbout02-0954LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. RONELLMANAGED SERVICES, LLC, : t/d/b/a R & N MANAGEMENT, : RONELL INDUSTRIES, and R & N PROPERTIES, Defendant : CIVIL ACTION - LAW : : NOTICE TO DEFENDANT NAMED HEREIN: You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered.against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted enla corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partie de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRIED ,~AN~, P.C. Rich~d S. Friedman, Esquire 600 ~orth Second St. Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, Plaintiff : IN THE CO~T OF CO~ON PLUS : C~BERLAND COUNTY, PENNSYLV~IA : : qdq RONELLMANAGED SERVICES, LLC, : t/d/b/a R & N MANAGEMENT, : RONELL INDUSTRIES, and : CIVIL ACTION - LAW R & N PROPERTIES, : Defendant : COMPLAINT AND NOW comes the Plaintiff, LCL Income Properties, L.P. II, t/d/b/a Bunker Associates, by and through its attorneys, Friedman & King, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff, LCL Income Properties, L.P. II, t/d/b/a Bunker Associates, is a New Jersey Limited Partnership and is the owner of Bunker Hill Apartments, Borough of Wormleysburg, which it leases to the public, with a principal place of business at 1100 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Plaintiff trades and does business as Bunker Hill Apartments situate 1100 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Defendant, Ronell Managed Services, LLC, is a New Jersey Limited Liability Company registered to do business in Pennsylvania as a foreign limited liability company with its principal address at 298 Cox Street, Roselle, Union County, New Jersey 07203. 4. The Defendant also does business in Pennsylvania under the assumed and non-registered fictitious names of R & N Management, Ronell Industries, and R & N Properties. 5. During May and June of 2001, the parties entered into written lease agreements, which are attached hereto, and collectively marked Exhibit "A". The dates of each lease, the leasehold premises, the monthly rental, and the termination date of each of said leases are summarized on Exhibit "B", which is attached hereto. 6. The Defendant is in default under the terms and conditions of all said leases, and owes outstanding rent through the termination of each of said lease in the total amount of $52,050.00, as per Exhibit "C" attached hereto. 7. The Defendant, through its agents, servants, and employees caused damages to several of the apartments leased. The total amount of damages is $7,491.43. An itemization of those damages, along with copies of the Check Out Sheets, are likewise set forth on Exhibit "C". 8. Each of the said leases provides for late charges of ten (10%) percent. The total amount of said late charges is $5,205.00, as per Exhibit "D" attached hereto. 9. Each of the said leases provides for payment of attorney's fees by Defendant in the event of default, not to exceed one (1) month's rent each. Late charges are assessed at $8,160.00, as per Exhibit "E" attached hereto. 10. Each of the said leases provides for payment of utilities by the tenant. The total amount of utilities owed is $562.32, as per Exhibit "F" attached hereto. 11. Plaintiff is aware of its duty to mitigate damages, and has been attempting to re-let the apartments. Plaintiff has had no success to date. WHEREFORE, the Plaintiff demands judgment against the Defendant in the amount of $73,468.75, in an amount in excess of $25,000.00, compulsory arbitration. plus costs and interest, and therefore not bound for Respectfully submitted, FRIED~~... Rich~ F~ie_gmanf Esquire 600/N. Second Street PeWthouse Suite P. O. Box 984 Harrisburg, PA (717) 236-8000 17108 f/p:pleadings\bhill2.cmp VERIFICATION I, Richard S. Friedman, Esquire, hereby acknowledge that I am the attorney for the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and the facts stated therein are true and correct to the best of my knowledge, information and belief. The principals of the Plaintiff, LCL Income Properties, L.P. II, t/d/b/a Bunker Associates, are out of this court's jurisdiction and unable to verify. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities./~~~' Richar~ S. Friedman, Esquire Attorney for Plaintiff Exhibit A vo; & 'F~NANT BCTT~AL~: RESIDENTIAL LEASE FOR BUNKER HILL APARTMENT~ as agents for BUNKER HILL APARTMENTS/BUN~_.R ASSOCIATES as Landlord and ~ o ,,yandseve.llyasTenan s' lv _ogere ' ~ o-~v,q'llten a r~va s yen It is agreed thai no oue will ve in ~hls dwcltin§ other than thos~ no.,ned bc~J un{ess prior ' pp ' §' by Landinrd. 1. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditions contained in this Residential Lense a ,~Q ~ Auas~nent with a stovc, refrigerator and dishwusber,~ and all blinds located 2. TERM OF LEASE,\ The term of this ttesioe ' ~..~---....~. the ~?:~ of'~-.~,C~,}atg:00amandandingonthe ,,~1 ot,ajrV~, zuuz at~.uupm. 3. RENTAL PAYMENT. Tenant shall pay to Landlord the sum of Sr-~ ~ C~ ~ basic rental for the lease tenn. The rental shal be payable monthly in advance on the first day of each month during the lease term in the amount of $ ~.,.~").C~without prior demand by Landlord. Payment of fontal shall be to the business address of Landlord, or upon written notice to Tenant, at another location. NO CASH ACCEPTED! MAKE PAYABLE TO: BUNKER.4$$O¢I/4 If the term of this lease shall begin on a date other than the first of the month, Tenant shall pay the monthly rental on the beginning date. The rental paid shall be applied to the fu~t partial month and the last partial month. The second monthly payment shall be paid on the first day of the month following the beginning of the lease term and shall be applied to that month's rental. Landlord and Tenant agree that a timely payment of the rental and performance of all terms and conditions of this lease are of the essence of this lease. If the monthly rental shall not have been paid after the fifth (Sth) of the month when the rental shall have been due, then Tenant agrees to pay the late charge of 10% which will be added to any full or panint monthly rent payment not received in the office by the fifth (Sth) of every month. Any check not cleared by Tenant's bank will be considerad late rent and subject to the 10% late charge. The late charge shall compensate Landlord for additional administralive costs and expenses caused by the late payment. If paymant is made to Landlord at the proper address by first class mail, postage prepaid, then the date of the pnsUnark shall be used as the date of paymant. In the event any rent check is returned to Landlord by reason of insufficient funds, uncollected funds, stop payment, account closed or any other reason, Tenant agrees to pay Landlord a fee of $30.00. Landlord reserves the right to require a certified check, money order or cashiers check for the futore rent in the event' any personal check is returned for the reasons set forth herein. Landlord reserves the right to proceed with cnmma charges in the event Tenant issues a "bad check". All ch~'ges Iteranjt.der shall be daeme~d additional ~ I / _ _/ 4. SECURITY DEPOSIT. After signing this Residentili] Lease, ~ before the Tenant takes L!ossession of the Leased Premises, Tenant shall pay to Landlord a sum equal to ~ month's rent or ($ ~ ~ which amount shall be held by Landlord as a security deposit. TENANT INITIALS:. Pg.l ' ' ' and Landlord Before Landlord returns thc security deposit to the Tenant: 1) Tenant shall vacate ~e Lea~ed Premises shall inspect the Leased Premises for damage; 2) Tenant ~haH have complied with all [ease terms, conditions and rules and regulations; and 3) Tenant shall have paid in full thc rental, additional rental and late charges if any. Landlord may retain all or any part of thc security deposit to reimburse Landlord for any and all loss, damage and expensa due to Tanaat's violation of the lease terms and conditions, or rules and regulations of this Residential Lease or due to nonpayment of rent, additional rent or late charges, if any. If this occurs prior to the lease termination, the Landlord may demand that the Tenant replace the amount of ina security deposit used by the Landlord. if the Landlord sells the property, the Landlord may ,a-ansfar the security deposit to the new owners for the Tenant's benefit. The Landlord will noti~ thc Tenant of any sale and transfer of the deposit. The Landlord will then be released of all liability to return thc security deposit. TENANT ACKNOWLEDGES THAT THE SECURITY DEPOSIT IS NOT TO BE USED AS PAYMENT OF THE LAST MONTH'S RENT. LANDLOKD TO ~.iVE POSSESSiON if Land ord is unable to transfer possession t° Tenant 5. INABILITY OF v . ' L .... :n ~,,, n'.,.nt's oblinat on to pay r~nt shall be at the beginning of this Residential Lease, then the tease term sna. ue~.,, u ........ suspended until Landlord is able to n-snarer possession to Tenant. Landlord shall not be liable to Tenant for damages if Landlord is unable to transfer possession of the Leased Premises for causes reasonably beyond Landlord's control. |fthc prior Tenant holds over or remains in the Leased Premises aRer the term ends, the Landlord's obligation to tXansfer possession of the [~ased Preml~ses to Tenant is suspended. ~._~ 6. PRIOR TO MOVE-IN. Prior to move-in, Tenant must complete the following: I. Complete and sign the application which becomes part of this Agreement. ' 2. Read, understand and sign this Agreement and any applicable addendum. 3. Pay all monies for rent, security, pro-rata and addendum charges as indicated. 4. [aspect with Landlord the specific dwelling you are renting, indicating existing conditions, and signing and dating the duplicate inspection lbnn. Tenant agrees to allow Landlord at ~east fourteen days from commencement date of this Lease for any repai~ or decorating agreed to by Landlord and Tenant. 7. DESTRUCTION OF LEASED PREMISES. Tenant shai~ noti~ Landlord as soon as possible of any fire or other toss in or about the Leased Premises. Tenant shal~ nodf¥ Landlord immedtately of any cu-cumstance or conthtton m threatens the Leased Premises or the propen'y or safety of or about the Leased Premises which ' Tenant, Landlord, or others. If the Leased premises is partially destroyed by fire or other casualty, Tenant shall have the right and option I) to continue to occupy the habitable poaion of thc premises, or 2} to terminate this Residential Lease absolutely and receive a refund of rent paid through the date of transfer of possession to Landlord. 8. INSUILANCE. Landlord shah insure the sn'ucture within which the Leased Premises is located for fire and extended coverage, Tenant shall insure Tenant's personal property in or about the Leased Premises. , , ' runcc does not cover any damage to a Tenant or the property of a resident for any The Landlord s ~tructure msu . . ,-_:,....o vandalism theft smoke electrical mal~n or any cause reason, including fire, water leaks, eqmpmem ~a.m~, , , '' ' S[GNMENTS Tana~t shal ~te, r ~to any sub,ease ~ 9:...SLLBLETTING AND AS ~' ~ '7~,-,~d aasimunent or sublcasc by Tenant without a~reement~uui t~4ar'-~it~en cerise r ..... Landlord shall consent to an 10. RELIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for any loss, injury, or damage to any . person or property unless the Joss, injury or damage is caused by the Landlord's intentional act or neglect.'"fenant shall repay to Landlord any money spent by Landlord due to Tenant's intentional act or neglect. Tenant is responsible for all intentional acts or neglect of Tenant's family, and others who use Leased Premises. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that leaks or flows from whatever source into or around the Leased Premises or the building within which the Leased Premises is located. ~ ~ The Landlord ia not respousiblc ~'or any inconvenience or interruption of services due to repairs, improvements or for any other reason beyond the Landlord's control. Despit~ inconvenience or interruption of services, a Tenant must still pay rent. TENANT INITIALS: Pg.2 USE AND OCCUPANCY OF LEASED PKEMISES. Thc Leased Premises may be used for residential lp~oses only without the prior writlen consent of Landlord. Tenant shall occupy and use the premises in conformance with all Federal, State and t.ocal Laws, Regulations and Ordinances now in force or that may be enacted in the fi~ture. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any anfivit7 in or about the Leased Premises which substances or activities expose Tenant. Landlord or others to a risk of injury, loss or damage. RULES AND REGULATIONS. In addition to the terms and conditions in this Residential Lease, Tenant shall Ib2e'bound by Landlord's standard Rules anci regulations which are attached to this Lame. Landlord shall have the right during the term of this Lease to change or add to these Rules and Regulations provided that the pu~Ose of any change or addition shall be to preserve the Leased Premises and the quiet enjoyment of all the tenants. No change or addition to the Rules and regulations shall become effective until Tenant has been provided with a of the chon ed or added Rules and Regular one bylmail, posting or delivery to the Leased Premises. written copy g .... ,~.: .... u~h v., a violation of th s Res dential Lease. Vi.olati.on Tenant agra · ' remedies vided for m this of the Rules and Regulations by Tenant shall perm t Landlord tbex. er??e an~/and a pr~ SUBORDINATION This Res dential Lease is subordinate to any and all mortgages and security interests that 13. · ....... a,, be on the ,~ronerty of which the Leased Premises is a part. CARE AND MAINTENANCE OF LEASED PROPERTY. Tenant shall use good care when using the Leased ~mises and all appliances, fi~rniture (if applicable), fixtures, and all heating, ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise good care when using any part of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, it's contents, or any properly of Landlord caused by the lack o goon care oy tenant, Upon ending of this Residential Lease for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as at the beginning of the lease term, except for Tenaot shall notify Landlord of any repairs or the need for repairs wi ' Leased CARE OF PROPERTY. Tenant is responsible for keeping the apartment, entryway, patio and grounds clean and ~. ...... r ..........~ h)e and in como once with the Property Rules which arc hereby made a part of this lease. Failure to live itl harmony with your neighbors in accordance with the a~ached mica and regulatiunsofthePropenyisjustifiablecauseforevicti°n' Y-"~.L.~ ~ The Tcnant must get the Landlurd*s prior written consent to alter, improve, paint or wallpaper thc apa.mnant, Alterations, additions and improvements become the Landlord's properS. in the event that the Tenant installs contact paper, or any other wall or ceiling decoration, as well as carpet tacking, in an aparn'aent, Tenant agrees to remove such items at Tenant's own cost and expense at the expiration of shall be deducted front Tenant's sccurily &posit. 15. RENEWAL. The Landlord may offer the Tenant a new lease to take effect at the end of this Lease. The new lease may include reasm~able changes. Thc Tenant will be notified of any proposed new lease at least thirty (30) days before the end of the present Lease. I f no changes are made, the Tenant may continue to rent the apartment on a month to month basis (with the rest of the Lease remaining the same). In either case thc Tenant must notify , the Landlord of the Tenant's decision to stay or to leave at least thirty (30) days before the end of the term, otherwise the Tenant will be responsible under the new terms of the new lease. 16. MOVE-OUT. Tenant agrees not to vacate the dwelling or move prior to the lease termination date without permission of the Landlord. Tenant also agrees that any possessioos remaining in the dwelling after a move-out are abandoned by Tenant, and Tenant agrees to pay the cost of removal and disposal of these possassions.~ , Tenant agrees to vacate tile dwelling at thc end of the term, leaving the properly clean and in good order. Tenant agrees to joimly inspect the dwelling with a person fro~ management stuff, indicating then existing conditions, sign and date duplicate "check-out" ~brm. If Tenant is absem from the premises, without notice, in excess of seven (7) days while rent is delinquent, the premises will be considered abandoned anu the owuer shall 0e entitled to immediate possession of the dwelling unit. The Tenant will notify fl~e owner in writing of any anticipated absence in excess of seven (7) days, no later than the £u'st day of the absence. TENANT INITIALS:. __ Pg.3 ~;mises at all reasonable times to inspect, perform maintenance, do repairs and show the premises to prospecUve tenants and purchasers. ~, . · · "-~- ,--ant to carnet 80% of all walking areas in Tenant's }<c,~, O, Qx.-/ 18 CARPET CLAUSE. it is the respons~bmty o, u.~,e~",~"~-f_ ~.xc.~.lc-w., Ls.(~'~'~-~' ~C~(~/~'- ~) 19. UTILITIES. Charges for utilities and services supplied to the Leased premises shall be paid as zouows: ..~ _ _~..~_.La~dlord wii~a~v for thee following;. (x) cold water ( ) hot water ( ) electricity ( ) heat ( ) air conditioning ( ) gas (x) sewage (x) rubbish removal ~Tenan~ay .for the fo_. Ilowin~ ( ) cold water (x) hot water (x) el¢ctrici~ (x) heat (x) air conditioning ( ) gas ( ) sewage I ) rubbish removal Landlord shall have the fight lo lempurarily suspend any utility or other services to the Leased premises in order to do maintenance and repair or protect the property of Landlord or Tenant fi-om risk of harm or loss. 20. REMEDIES. IfTenant fails to pay rent or any other char~¢s when due, or if Tenant violates any other terms, conditions, rules or regulations in this Residential I~ase, Landlord may take action against Tenant. tn such a case, Landlord does nOt have to give any notice of termination or notice to quit to Tenant before taking any action. In such a case Landlord may take any or all of the following actions; a) Terminate this Residential Lease without prior notice. b) Sue Tenant in cour~ to recover possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Premises. c) Sue Tenant to recover the whole balance of the rent and charges owed for the remaining lease term. d) Sue Tenant for all damages, including reasonable anorney's fees, resulting from Tenant's violation of any conditions Jules or regulations in this Residential Lease. '~ .~ Landlord may seek one or more than one remedy contained in this R~sidential Lease. Landlord's taking of any action against Tenant shall not prevent Landlord from taking other and additional ac~inns against Tenant. Landlord's failure to enforce any term, cond tion, rule or regulation shall not prevent Landlord from enforcing the term, condition, rule and regulation at a later time. At the end of the original term of this lease, if tenant does not intend to renew, 21. NOTICE OF TERMINATION. to vacate said premises with notice being given on or before tenant must give Landlord thirty (30) days written notice the last day of the preceding month. 22. ATTORNEYS FEES AND COSTS. If Landlord shall enforce the provisions of this Residential Lease in any t Tenant Land ord shall be entitled as part of any court judgmept to be reimbursed f~r all ,cos~,~_~ agains. . · reasonableattomey's fees klrV expenses of enforcement inClUding ' V~('~ ~-~ ' 23. GOVERNMENTAL POWER OF EMINENT DOMAIN. Eminent Domain is the ri~t df-i'gove~ private property for public use. Fair compensation must be paid. If all or any part of the Leased Premises (or the building within which the Leased Premises is located) is taken by eminent domain, the lease shall terminate as to that pan taken. Landinrd shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased Premises (or the building within which the Leased Premises is ocatad) or because this Residential Lease has be~n terminated. 24. NOT1CES. All notices provided by this Lease must be written and delivered [~rsonaily or by certified mail, remm receipt requested. Notices to the Landlord may be sent to thc Landlord's agent. , 25. BINDING EFFECT. This Residential Lease legally binds the Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tenant shall not have the right to assign this Residential Lease or sublet the Leased Premises without the prior writlen consent of Landlord. TENANT INITIALS:_ PgA 26. ADDITIONAL TERMS, CONDITIONS, RIDERS AND AMENDMENTS. This Lease includes all those terms, conditions, riders and amendmen~ indicated below. The terms and conditions included in the at~ached Riders and Amendmen~ are part of this Residential Lease. (X) Rules and Regulations A B (X) Pet Lease Addendum ~ ~'c._ I - (X) Rent Collection Policies & Procedures TENANT SHOULD NOT SIGN THIS RESIDENTIAL LEASE UNTIL THE TENANT HAS READ AND UNDERSTANDS THE INFORMATION INCLUDED IN THE IMPORTANT NOTIC ATTACHED TO THIS RESIDENTIAL LEASE. This Residential Lease dated this  e// / Tenant signature Tenant signature Tenant signature Tenant signature Tenant signature Pg.5 O TA~I~Q~~ AND DUTIES AS A THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TENANT. SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT SIGN TH1S RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON TH1S PAGE. As Tenant, you violate the terms and conditions of this Residential Lease if you: I) Fail to make timely payment of rent or other charges to the Landlord. Or, 2) Vacate the Leased Premises withou! the Landlord's consent prior to the end of the lease term. Or, 3) Fail to vacate the Leased Premises at the end of the lease term. Or, 4) Fail to perform any o£the obligations included in the lease, rules and regulations, the riders or amendments. Or, 5) Violate any rules or regulations which are made a part of the Residential Lease. pwagraph 20 includes a waiver of"Notice to Quit", When "Notice to Quit" is waived, if you violat~ the the immed ate right to file a complaint in Court seeking an order evicting you Residential Lease, the Landlord has .... o ~ar~v ~,~v, th~ rich to brin~ an action in Court seeking your from the Leased Premises. The Landloro v,o~.~ ~.u. _._ ..~_t _ eviction unless~ you have violated yom' obligations as a Tenant. Even though you are waiving "Notice to Quit", you will still hnvc till Ol)[)Ol'lllll[ly ill CollI'I IO contest the validity of the Landlord's claim for eviction. If you violate the terms and conditions of the Residential Lease, the Landlord has the right to seek the following remedies ,against you in Court: I) A judgment for overdue rent, late charges and monetary damages caused by yom' violation of the lease terms and conditions. 2) An order for recovery of pussession through an eviction action. 3) A judgment for unpaid rent for the balance of the lease term or until another person takes possession of the Leased Premises as a new Tenant. [F THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS AR~THiS JOYNTLY AND SEVERALLY LIABLE FOR THE PEILFORMANCE OF ALL TENANT OBLIGATIONS. MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY ONE TENANT OR ALL OF THE TENANTS FOR VIOLATIONS OF THE LEASE iNCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT: "1, the un/d~ersigued tenant(s), have read and understand the above disclosm'e." date sign date sign date sign date sign date sign Pg.6 R_UULES AND REGUL~,TIONS ADDENDUM "A'~' LANDLORD: BLfNKER ASSOCIATES/BUNKER HILL APARTMENTS TENANTS: LEASED PREMISES:_ - The rules and regulations indicated,"(x)' below are part of the Residential Lease between Landlord and Tenant. A violation of any of the rules and regulations is a violation of the Lease and the party not in violation shall be entitled se an remedies provided in the Lease. to exerci Y - - - ~aters and snace heaters shall be permitted to be operated within (x) No alternate heating sources such as Kerosene n~ r the Leased Premises without th~ prior consent in writing of Landlord. (x) The use of charcoal or flammable gas grills is not permitted in the Leased premises or on any balcony pat o or other common area on the property upon which the Leased Premises is located. (x) Tenant shall not place or permit to be placed or stored - items on any window sills, ledges or balconies. Tenant shall not hang inundry or other items from the balconies, windows and common areas. (x) No window treatments, awnings, draperies or umbrellas shall be Installed in the Leased Premises wtthout the prior consent in writing of Landlord. : ~; ^ ^n ~ ~ nn,m daily NOTE' Excess ye no se will (x) Tenant shall observe "quiet hours" between the nnurs oI t u:vupm ~,~ v: ...... · ' not be permitxed regardless of what time it is occurring. (x) No waterbed shall be permitted within the Leased Premises without proof of insurance. (x) Tenant sba*il not install shelving, pictur~ hooks, wallpaper, paint or alter in any way the features of the Leased Premises without the prior consent in writing of Landlord. (x) Tenant shall be responsible for testing all fire warning devices such as smoke detectors and fire alarms within the Leased Premises. Tenant shall notif~ the Landlord if any f'lra warning or fire abatement device is not functional. Tenant shall not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. (x) Tenant shall not go upon the roof of the building within which the Leased Premises is located and shall not enter any area clearly designated as being closed to tenants and others. (x) No radio or television reception devices such as antennas and satellite dishes shall be installed upon the Leased ca around the Leased Premises, .~ · Pr ises or in the common ar .... ~vs_witl'~ut notifying (x) Tenant shall not permit tne prem ........ y.~] _~ -,,d~a~ ' ated aent). the Landlord (or La~dlo? s design . .. g ....... a Oremises at a temperature not less than 5~mter period fi.om November to April. (x) No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the Leased Premises s ocs[cd (x) Tenant shall provide appropriate nonflummab c containers for wash and rubbish and shall keep the Leased premises and the common areas fi'et from litter and rubbish. Tenant shall deposit all trash and rubbish from the Leased Premises into thc designated common waste disposal containers. (x) Tenant shall become familiar with and observe all pos[cd security rcgnlatious and all posted fire escape or evacuation routes and all fire exits. Questions concerning security and fire procedures should be directed to Landlord (or Landlord's designated representative) without de[ay. (x) That any space which may be provided by the Landlord to accommodate the Tenants in the airing and drying of clothing is furnished gratuitously by the Landlord. The Tenants using the same for any purpose do so at their own risk with the express stipulation and agreement that the Landlord shall not be liable for any loss of property thereon or for any damage or injury whatever. (x) If store rooms are provided by the Landlord to accommodate Tenants in the storage of articles, it is with the express understanding that the room is furnished gratuitously by thc Landlord and that Tenants using the same do so at their own risk. (x) No milers, commercial boats or recreational vehicles may be parked on the property. All cars faust be in working condition and must have current tags and inspection. Any violations will be immediately subject to towing (x) Resident acknowledges receipt and full disclosure of thc following information: A disclosure of information on Lead Based Paint Hazards and the EPA Manual #EPA 747-K-9'I-001. TENANT INITIALS: Pg.7 RULES AND REGULATIONS ADDENDUM "B' Aparm~ent living requires compatible cooperation and concern for neishbors. In order to more easily assure harmony among residents, safety, order, and enriched living, each resident agrees, as pan of The Lease, to the following: 1. Request assistance Eom the management / maintenance team for insU'uction and help regarding the operation and care of each appliance or any physical pa~ of the apamnent including doors, windows, lishts, plumbing, floors and walls. We want you to have maximum use of these items and this is only possible if you understand how they operate and how to keep them properly. Our team will be happy to help you. 2. Provide your own light bulbs of the proper size - ask at the office for proper sizes. 3. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items. 4. Under no circumstances are any supplemanmry heating devices permitted in any aparm~ent. Supplementary heating devices include kerosene heaters, wood stoves, space heaters, gas heaters, electric heaters, camp heaters, etc. The heating devices and their fuel constitute a grave fire hazard. Any use of such devices will be in direct violation of The Lease. 5. Storage of any fl~u"nable substances in or around any apartment is prohibited. 6. Only standard picture hangers may be used for hanging pictures, mirrors, etc. No adhesive hangers may be used. ( A "Finishing nail" is also acceptable.) 7. Washing of cnrs on the premises or use of wnter fi.om the premises for the purpose of washing cars is prohibited. 8. Tenant shall deliver to Landlord or Landlord's agent, 'all keys for all locks in tenant's apartment. No additional safety / security locks are to be installed without written permission of management. 9. The public halls and stairways - if applicable - shall not be obsU'ucred or used for any purpose other than access to and fi'om"apanmnnts. 10. Recognize the rights of others to the quiet enjoyment of living on this property. No tenant shall make or permit any disturbing noises in the building by himself, his family, Mends or guests; or do or permit anything by such persor,.s that will intedere with the rights, comforts, or convenience of other tenants or occupants. No tenant shall play or [~ermit to be played any musical thstrument or radio in the demised premises between the hours of 10:00pm tu 9:00am. if the same shall disturb or annoy other occupants of the building. I I. Tenants are expressly forbidden to throw anything fi'om the balcony, windows or doors. 12. No garbage or refuse of any lype is to be placed AT ANY TIME, FOR ANY REASON anywhere except for the dumpsters we provide for that same purpose. 13. When e tenant vacates, all baggage and fiu'nimre must be token in or out of the home as the management directs. 14. Tenant shall keep the premises in a good state oi~preservatinn and cleanliness. 15. Tenants shall not obs~'uct fu'e escapes or piece flower pols or any other articles on the window sills or door caps of the building, nor shall they waste or unreasonably use water. 16. No ash can, garbage can, clothing or any other type of article shall be placed or hung out on the fi'one patio, rear patio, windows, balcony or any such place. 17. The toilets, sinks and other water apparatus shah not be used for any purpose other than those for which hey were eunsl~'ucted, nor shall any sweepings, rubbish nor any other improper nr~icles be d~'own into the same: and any damage resulting fi.om the misuse thereof shall be borne by the tenant by whom or upon whose premises it shall have been caused. 18. Tenant's children shah not play in the public halls, stairways, laundry rooms, parking areas or in front of another tenant's dwelling. Tenants shall be responsible for any damage directly caused by their children and shall pay to the landlord the costs and expenses of repairing any damage caused by their children. 19. Tenant shall use the laundry rooms on such days and at such times as management shall designate. 20. Each tenant must, upon termination of their lease, reiau'n ali keys or'the apartment and appurtenances or pay for the same and all applicable costs. 21. Tenant shall not install or maintain or permit to install or maintain any washing machine, clothes dryer, air conditioner, garbage disposal unit or dishwasher, or erect any television or radio antenna on the root`, or anywhere on the exterior of the building or install or maintain any elec~'ical or gas appliance other than items knSwn in the trade as "small appliances", without the express written consent of the Landlord. In the event Landlord shall install a master antenna for radio or telev~sino, tenant shall use the same only, No CB equipment shall be installed on the roof or attached to any part of Landlord's premises. Landlord shall have the right to remove su~ch equipment without the consent of or notice to tenant. 22. Tenant agrees to keep on deposit at all times with Landlord as security, a sum of money equal to $530.00. Tenant shall pay any increase in security within ten days after w-rirten demand by Landlord. 23. All secui'ity, rent, late fees, attorney's fees, conrl costs, constable fees, laundry equipment rental, pet fees and any other money due Io Landlord must be made by check, money order, cashier's check, certified check or debit card. NO CASH. 24. Tenant shall not withhold rent or make any deductions by reason or, any loss o£ or damage to the property of the tenant. All claims by tenant shall be handled according to normal insurance claims procedures. Tenant shall not withhold rent or make any deduction for Landlord's inabili/7 to remove and plow snow fi'om sidewalks and parking areas. Landlord shall be afforded a reasonable time under the circumstances to remove snow fi'om sidewatks and parking areas. 25. During and at the expiration of the term herein or any extension bereot,, Landlord may, if Landlord elect, have recourse to the security deposit described in paragraph four (4) or,this lease and further described herein, to make good any default by tenant. The same/,ncfudes, but is not limited to; the paymant of rem in arrears, late charges, court costs, a~urney's fees, pet fees, laundry equipment rental and constable fees. TENANT INITIALS: Pg. 8 RESIDENTIAL LEASE FOR BUNKER HILL APARTMEN'r~ jolntlyandsevaraliyasTenaut(s). . , ,~d~"~ Y '~ ~l._Iy 'l It ~ a~ecd ~at no one will live ~ this dwell~g other ~ ~os~ n~cd be~ ~ ess prior ~.cn pp is by L~dlord, RELATIONSHIP DATE OF NAM~ 1. LEASED PKEMISES, Landlord leases to Tenant upon the terms and conditious contained in this Residential , and all blinds located Lease a r,-.~. ~Aparuv. ent with a stoye, re~ge~_~tor ~d dishwasher, ~,. ~ U'emises" 3, RENTAL PAYMENT. Tenant shall pay to Landlord the sum of ~.~as basic rental for the lease te~n, The rentalJ,hall be payable moothly in advance on the first day of each month during the lease term in the a.moant of $ ,/r~l C'),°-~'ithoot prior demand by Landlord. Payment of fontal shall be to the business address of Landlord, or upo~'writtan notice to Tenant, at another location. HO CASH ACC£PTED! MAKE PAYABLE TO: BUNKER ~t$$~¢/~ 7'/}'$ · 'pRO-RATED REHT DUE $~t~, x ~ = ~ If the term of this }ease shall begin ou a date other than the firs! of the month, Tenant shat{ pay the monthly reuta{ on the beginning date, Thc rental paid shal} be applied to the first portia{ month and the [ast par~iai month. The second monthly payment shall be paid on the first day of the month following the beginning of the ieee term and shah be applied to that month's rental. Landlord and Tenant agree that a timely paymeni of the renta{ and performance of all terms and conditions of this lease are of the essence of this lease, l£the monthly rental shaii not have beau paid aBet the fifth (Sth) of the month when the fanta! shall have been due, then Tenant agrees to pay the late charge of 10% which will be added to any full or p~miai monthly rent payment not received in the office by the filth (Sth) of every month. Any check not cleared by Tenant's bank will be comide~ed late rent and subject to the 10% late cha.r~e. The {ata ~:har§e shall compemate Landlord for additional adminisuafive costs and expemas caused by the late paymanL If payment is made to landlord at the proper address by fa'st class mail, posta§e prepaid, then the da~e of the posm~ark shall be u~ed as the date of'payment. In the event any rent check is returned to Landlord by reason of il'~uf'fi¢ieut iliads. ancollected funds. ',top payment, accoum closed or any other reason, Tanan! agrees to pay Landlord a fee of $30,00. Landlord reserves the righi to require a certified check, money order or cashier's check for the fmure ran! i~ the event any personal check is i-e~urned fo~ the reasoas set forth herein. Landlord reserves the right to proceed wtt~ cnmma es m the event Tenant ssues a bad check" Ali chlu'ges hereunder shall be deemed additional ~ , If the Tenon violates any of the terms and conditions of this lease, the Landlord has the right to en'mrce co.ect~on of the entire unpaid balance of the rent ['or the r(:maining term of the lease, ECUPJTY DEPOSIT After signing this Resident'ill Lease' an~an-'-~'ddd her°re the Tenant takes p~°ssessi°n °f the be held by Landlord as a security deposit. TENANT INITIALS: PgA Before Landlord renu'ns the security deposit to the Tenant: 1) Tenant shall vacate the Leased Premises and Landlord shall inspect the Leased Pramiscs for damage; 2) Tenant shall have complied with all lease terms, conditions and rules and regulations; and 3) Tcoant shall have paid in full the rental, additional rental and late charges if any. Landlord may retain all or any pan of the security deposit to reimburse Landlord for any and all loss, damage and expense due to Tenant's violation o£the lease terms and conditions, or rules and regulations of this R.~sidantial Lease or due to nonpayment of rent, additional rent or late charges, if any. If this occurs prior to the leas~ termination, the Landlord may demand that the Tenant replace the amount of the security deposit used by the Landlord. if the Landlord sells the property, the Landlord may transfer the security deposit to the new owners for the Tenant's benefit. The Landlord will notify the Tanant of any sale and transfer of the deposit. The Landlord will than be released of all liability to return the security deposit. TENANT ACKNOWLEDGES THAT THE SECURITY DEPOSIT IS NOT TO BE USED AS PAYMENT OF THE LAST MONTH'S RENT. 5. INABILITY O~ LANDLORD 'FO GIVE POSSESSION. 1£ Landlord is unable to transfer possession to Tenant at the beginning of this Residential Lease, than the lease term shall begin, but Tenant's obligation to pay rent shall suspended antil Landlord is able to transfer possession to Tenant. Landlord shall not be liable to Tenant for damages if Landlord is unable to transl'er possession of the Leased Pretnises for causes reasonably beyond Landlord's control. If the prior Tenant holds over or remains in the Leased Premises after the term ends, the Landlord's[_~ ~'~°bligati°n ',.~\ \~t° t~ans fer ~:3(~'p°ssessi°n~-~-~°f the Leas~ ~x(~.Premises to Tenant is suspended. 6. PRIOR TO MOVE-IN. Prior to move-in, Tenant most complete the following: 1. Complete and sign the application which becomes part of this Agreement. - 2. Read, understand and sign this Agreemant and any applicable addendum. 3. Pay all monies for rent, security, pro-rata and addendum charges as thdicated. 4. inspect with Landlord the specific dwelling you are renting, indicating existing conditions, and signing and dating the duplicate inspection form Tenant agrees to allo~ Landlord al least fourteen days from comrnencement date of this Lease for any repairs or decorating agreed to by Landlord and Tanant. 7. DESTRUCTION OF LEASED PILEMISES. Tenanl shall notify Landlord as soon as possible of any tire or other loss in or aboul the Leased Pran~ises. Tenant shall notit~ Landlord immediately of any circumstance or condition in or about the Leased Premises v, hich threatens the Leased Premises, or the proper~ or safety of Tenant, Landlord, or others. If the Leased Premises is partially destroyed by fire or other casualty, Tenant shall have the right and option I) to continue to occupy the habitable portion o£ the premises, or 2) to terminate this Residential Lease absolutely and receive a refund of rent paid through the date of transfer of possession to Landlord. 8. INSURANCE. Landlord shall insure tile structure within which thc Leased Premises is located for fu'c and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. The Landlord's structure insurance does not cover any damage to a Tenant or the properly ora resident for any reason, including fire, water leaks, equipment failures,~vandalism, theft, smoke, elec~cal malfunction or any cause. 9~SL~BLETT~G AND ASSIGNMENTS. Tena~! sh~into any sublease agreem~nt~wl uui '"' --: '--~e~ conse~X~:n"~ a~t~pted assignment or sublease by Tenant without the prior w6t~en c~ ,s a vt , ' ' ~f Landl°rd si'?] c°nsent t° an assi~Cd, to~ be'~ consent to~cr 10. RELIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for any loss, injuxy, or damage to any person or property unless the loss, injury or damage is caused by the Landlord's intentional act or neglect. '~enant shall repay to Landlord any money spent by Landlord due to Tenant's intentional act or neglect. Tenant is responsible for all intentional acts or neglect of Tanant's family, and others who use Leased Premises. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that leaks or flows fi.om whatever~ source into or around the Leased Premises or the building within which the Leased Premises is located. The Landlord is not responsible for any inconvenience or interruption o£services due to repairs, improvements or for any other reason beyond the Landlord's control. Despite inconvenience or interruption of services, a Tenant must still pay rent. TENANT INITIALS:. Pg.2 11. USE AND OCCUPANCY OF LEASED PREIvlISES. Thc Lcased Premises may bc used for residential purposes only without the prior written consent of Landlord. Tenant shall occupy and use the premises in conformance with nil Federal, State and Local Laws, Regulations and Ordinances now in force or that may enacted in the future. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any nctivi~ in or about the Leased Premises which substances or activities expose Tenant, Landlord or others to a risk of injury, loss or damnge. 12. RULES AND REGULATIONS. [n addition to the terms and conditions in this Residential Lease, Tenant shall be bound by Landlord's standard Rules and regulations which are attached to this Leas~. Landlord shall bare the fight during the term of this Lease to change or add to these Rules and Regulations provided that the purpose of any change or addition shall be to preserve thc Leased Premises and the quiet enjoyment of all the tenants. No change or addition to the Rules and regulations shall become effective until Tenant has bean provided with a written copy of the changed or added Rules and Regulations bYlmail, posting or delivery to the Leas~ Premises. Tenant agrees that a violation of the Rules and P, egulatinns shall be a violation of this Residential Lease. Violation of the Rules and Regulations by Tenant shall permit Landlord tb exercise any and all remedies pro~vided for in this Residential Lease. Ce~'~ ~ eC~ 13. SUBORDINATION. This Residential Lease is subordinate to any and all mortgages and security interests that am presently on the property or that [n the future may be on the properly of which the Leased Premises is a part. 14. CARE AND MAINTENANCE OF LEASED PROPERTY. Tenant shall use good care when using the Leased Premises and all appliances, furniture (if applicable), fixtures, and all heating, ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise good care when using any pan of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, it's contents, or any property of Landlord caused by the lack of good care by Tenant, T-emmt'c fa::'2!y member: m~.~ Upon ending of this Residential Lease for any cause, Tenant shall peaceably surrender possession of the l.~ased Premises and its contents to Landlord in as good order and repair as at the beginning of the lease term, except for reasonable wear and tear. Tenant shall notify Landlord of,'my repairs or the need for repairs ~in~e Leased CARE OF PROPERTY. Tenant is responsible for keeping the apartment, entryway, patio and grounds clean and neat at all tiraes, ir~lllaingnh~.~.:c.:,a! cf anew ~.d ida, and in compliance with the Property Rules which are hereby made a part of this lease. Failure to live in harmon)' with your neighbors in accordan~ with the attached rules and regulations of thc Property isjustifiablc cause for eviction. ~ Thc Tenant must get the Landlord's prior written consent to alter, improve, paint or wallpaper thc apa,,-~ncnt. Alterations, additions attd improvements become thc Lamllord's property. la thc event that the Tenant installs contact paper, or any other wall or ceiling decoration, as well as carpet tacking, in an apartment, Tenant agrees to remove such items at Tenant's own cost and expense at the expiration of this lease term or any renewal thereat~er, la the event Landlord is required to remove the items, the cost of same shall be deducted from Tenant's security deposit. 15. RENEWAL, The Landlord may offer the Tenant a new lease to take effect at the end of this Lease, The new lease may include reasonable changes. The Tenant will be notified of any proposed new lease at least thirty (30) days before the end of the present Lease. If no changes are made, the Tenant may continue to rant the apa.,nxnent on a month to month basis (with the rest of the Lease remaining the same). In either case the Tenant must notify the l..aadlord of the Tenant's decision to stay or to leave at least thirty (30) days before the end of the term, otherwise the Tenant will be responsible under the new terms of the new lease. 16. MOVE-OUT. Tenant agrees not to vacate the dwelling or move prior to the lease termination date without permission of the Landlord. Tenant also agrees that any pussessinns remaining in the dwelling aRer a move-out are abandoned by Tenant, and Tenant agrees to pay the cost of rentoval and disposal of these possessions,~ ~ Tenant agrees to vacate the dwelling at the end ofthe term, leaving the property clean and in good order. Tenant a~ees to jointly inspect the dwelling with a person froin managemem staff, indicating then existing conditions, sig~ and date duplicate "check-out" form. If Tenant is absent from the premises, without notice, in excess of seven (7) days while rent is delinquent, the premises will be considered abandoned and the owner shall b~ entitled to immediate possession of the dwelling unit. The Tenant will notify the owner in writing of any anticipalcd absence in excess of seven (7) days, no later than the fL'st day of the absence. TENANT INITIALS: Pg3 I% RIGHT OF ENTRY. Landlord and persons authorized by Landlord shal have the right to enter the Leased PTemises at all reasonable times to inspect, perform maintenance, do repairS and show the premises to prospective tenants and purchaserS. · · .......... nt to c°~et 80% of all walking areas in Tenant's 1 .... apartmantunlesscarpetlsprov:dedbyLannl°ro' ,:X~ [--W.2~--- I v,.~', ,,~-- LX 19. UTILITIES· Charges for utilities and services supplied to the Leased Premises shall be paid as follows: ' .~ Landlord wdl pay for the following as The ' -- ; ' il t ) heat ( ) air conditioning ( ) g ~i cold water ( ) hot water ( ) electric y ', (x) sewage (x) rubbish removal The Tenant will pay for th~: following; ( ) cold water (x) hot water (x) electricity (x) heat (x) air conditioning ( ) gas ( ) sewage ( ) rubbish removal Landlord shall have the right to temporarily suspand any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant fi'om risk ofhanm or loss. 20. REMEDIES. If Tenant fails to pay rent or any other charges when due, or if Tenant violates any other terms, conditions, roles or regulations in this Residential Lease, Landlord may take action against Tenant. tn such a case, Landlord does not have to give any notice of termination or notice to quit to Tenant before taking any action. In such a case Landlord may take any or all of the following actions: a) Terminate this Residential Lease without prior notice. b) Sue Tenant in court to recover possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Premises. c) Sue Tenant to recover the whole balance of the rent and charges owed for the remaining lease term. d) Sue Tenant for all damages, including reasonable attorney's fees, resulting from Tenant's violation of any terms, conditions .rules or regulations in this Residential Lease. ._~ Landlord may seek one or more than one remedy contained in this Residential Lease. Landlord's taking of any action against Tenant shall not prevent Landlord from taking other and additional actions against Tenant. Landlord's failure to enforce any term, condhinn, rule or regulation shall not prevent Landlord fi-om enforcing the term, condition, nile and regulation at a later time. 21. NOTICE OF TEPdMINAT1ON. At the end of the original term of this lease, if tenant does not intend to renew, tenant must give Landlord thirty (30) days x,xittcn notice to vacate said premises with notice being given on or before the last day of the preceding month. ll. ATTOP,.NEYS FEES AND COSTS. If Landlord shall enforce the provisions of this Residential Lease in any co,.against Tanant, Landlord ha" he antn ed"s Pa? b ra" expenses of enforcement including reasonable attorney s roes. r~.Jx.~ "~'~' -- ~x~'~.~_ 23. GOVERNMENTAL POWER OF EMINENT DOMAIN. Eminent Domain ts the right df'~'gove private properly for public use. Fair compensation must be paid. If all or any part of ibc Leased Premises (or the building within which the Leased Premises is located) is taken by eminent domain, the lease shall terminate as to t~at part taken. Landlord shall not be liable to Fanant for any claims by Tenant for loss of uso of all or any portion of the Leased Premises (or the building within x~hich the Leased Premises is located) or because this Res, idantial Lease has been terminated. 24. NOTICES· All notices provided by fids Lease must be svfittan and delivered perSonally or by certified mail, retm'n receipt requested. Notices to the Landlord may be sent to the Landlord's agent. 25. BINDING EFFECT. This Residential Lease legally binds the Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tenant shall not have the fight to assign this Residential Lease or sublet the Leased Premises without the prior v, ritten consent of Landlord. TENANT INITIALS: Pg.4 26. ADDITIONAL TERMS, CONDITIONS, RIDERS AND AMENDMENTS. This Lease includes aH those terms, conditions, riders and amendments ii,alien[ed below. The terms and conditions included in the attached Riders and Amendments are part of this Residentiai Lease. (X) Rules and Regulations A, B & C. ~ ,,% _ ~.-c4 ~ ~ (X) Pet L~a.~ Addendum ? .~(~.~ I"c-.- I - · (X) Rent Collection Policies & Procedures TENANT SHOULD NOT SIGN THIS RE.~;IDENTIAL LEASE UNTIL THE TENANT HAS READ AND UNDERSTANDS THE INFORMATION INCLUDED IN THE "IMPORTANT NOTICE" ATTACHED TO THIS RESIDENTIAL LEASE. Landlo~ Tenant signature Tenant signature Tenant signature Tenant signature Tenant signature Pg.5 I M I'O RTANT NOTICE THIS PAGE EXPLAINS IMPORTANT INFO~7:~¥1'1ON ABOUT YOUR RIGHTS AND DUTIES AS A TENANT. SPECIFIC QUESTIONS ABOU F YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT SIGN THIS RE~.tDENT1AL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATIIbN ON THIS PAGE. As Tenant, you violate the terms and condition::; Gl lhi; Residential Lease if you: I) Fail to make timely payment of rent or other ch., gcs to the Landlord. Or, 2) Vacate the L~ased Premises without the Lat~dl,~',l's consent prior to the end of the lease term. Or, 3) Fail to vacate the Leased Premises at the i.nd e: ~t~ lease term. Or, 4) Fail to perform any of the obligations incl~,~cc i:~ the lease, roles and regulations, the riders or amendments. Or, 5) Violate any rules or regulations which a~: ~.:ui: a part of the Residential Lease. paragraph 20 includes a waiver of"Notic c '.7 c.~.~[t". When "Notice to Quit" is waived, if you violate the Residential Lease, the Landlord has the immcdlatc right to file a complaint in Court seeking an order evicting you fi'om the Leased Premises. The Landlord I>71!S ;.;O I' have the right to bring an action in Court seeking your eviction unless~ you have violat~ your obli~a~,).;, as a Tenant. Even though you are waiving "Notice to Quit", you will s~ill have an opportunity in Court to co~<c~ I~-' ~'alidity of the Landlord's claim for eviction. If you violate thc terms and conditions ,~f' :!c !'.;.~ dential Lease, the Landlord has the right to seek the following remedies ,against you in Court: I) A judgment for overdue rent, late chm'ge~ and ~:~onetary damages caused by your violation of the lease terms and conditions. 2) An order for recovery of Possession thr. :t !~ ~., ~, iction action. 3) A judgment for unpaid rent for the bala~:': .,:' ::~c lease term or until another person takes possession of the Leased Premises as a new Tenant. IF TI[ERE IS MORE THAN ONE TENA ~ :'!' S 1 ;'~: lNG THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVERALLY LIABLE I:(d~ 'l ill:- PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS MEANS THAT THE LANDLORD HAS "1 I!? 1' !G HT TO SUE ANY ONE TENANT OR ALL OF THE TENANTS FOR VIOLATIONS OF THF I.K.\~ i~ INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT: "t, the undcrsi~ ,:t I,:.~ .~'(s), have read and understand the above disclosure." da~e sign date sign date sign sign date sign Pg.6 RII A ~ ~'-,1) REGULATIONS ADDENDUM "A" LANDLORD: BUNKER ASSOCIATES I ~ t t HILL APARTMENTS TENANTS:. LEASED PREMISES: The rules and regulations indicated,"(x)": :1, ...:'c part of the Residential Lease between Landlord and Tenant. A vinlatinno£anyofthe roles and regulatio~ '.:.,: ..~,~lationofthe Lease andthe partynot in violatinn shall be entitled to exercise any remedies provided in the..~,: (x) No alternate heating sources such as; ~. :, ~ heaters and space heaters shall be permitted to be operated within the Leased Premises without the prior co:t :.:t; "firing of Landlord. (x) The use of charcoal or flammable ga: : ~ ~ ~.ol permitted in the Leased premises or on any balcony, patio or other common area on the property upon.: ; :.: [.eased Premises is located. (x) Tenant shall not place or permit to b : · ~ stored - items on any window sills, ledges or balconies. Tenant shall not hang laundry or other items frot ~ :. ~ .lc ~mias, windows and common areas. (x) No window ~'eatments, awnings, dra/ ::. r mlbrellas shall be installed in the Leased Premises without the prior consent in writing of Landlord. (x) Tenant shall observe "quiet hours" b,~ . ,. ~-' hours of i0:00pm and 8:00am daily. NOTE: Excessive noise will not be permitled regardless of what time : ~ ~. := ring. (x) No watarb~d shall be permitted withi; ~I ~ c~ ~ed Premises without proof&insurance. (x) Tenant sha~l not install shelving, pict: , !.~. ,~ :~ wallpaper, paint or alter in any way the t~atures of the Leased Pr~mises without the prior consent in wri ~:: I a ~dlord. (x) Tenant shall be responsible £or testh:; ; I: c ,.,'arning devices such as smoke detectors and fire ahmns within the Leased Premises. Tenant shall notify thc :. t. ~ d iF any fire warning or Fu'e abatement device is not functional. Tenant sha~ll not disable, or permit to be ,I :': : :ny fire warning device or discharge any fire exqinguisher. (x) Tenant shall not go upon the roof'of ! ~ ~>. :: ~..t; within which the Leased Premises is located and shall not enter any ar~a clearly designated as being clo~' ,: ~. nts and others. (x) No radio or television reception day: : :t ~; antennas and satellite dishes shall be installed upon the Leased Premises or in thc common area around ~ ~ ~ ! Premises. '~.d.~ (x) Tenant shall not permit the premise:: ..... x upied for longer than ~'.'c (5} ::r.:::;::lvo d~g,~.{#.jl)hout notifying the Landlord (or Landlord's designated ::. ¥"("'ltL--'li {x) Tenant shall maintain the heat wid~i: ~ . ] Premises at a temperature no ss than 50o §uring the~inter period from November to April. (x) No alcoholic beverages shall be con: :: c common areas of the building and ~oands within which the Leased Premises is located. (x) Tenant shall provide appropriate nc:: [ , I' containers for trash and rubbish and shall keep the Leased premises and the common areas tree fro: . ,r rubbish, Tenant shall deposit all trash and rubbish fi.om the Leased Premises into the designated co::: , , , . disposal containers, (x) Tenant shall become familiar with a: evacuation routes and all fire exits. Qu,. Landlord (or Landlord's designated repr (x) That any space which may be provi clothing is furnished gtamitously by tile risk with the express stipulation and agr. or for any damage or injury whatever. (x) If store rooms are provided by the l all posted security regulations and all posted fire escape or crning security and fire procedures should be directed to without delay. andlord to accommodate the Tenants in the airing and drying of The Tenants using the same for any purpose do so at their own :l~e Landlord shall not be liable for any loss of pruperty thereon .. ,: ccommodate Tenants in the storage &articles, it is with the exprass understanding that the room is f':: i :: : mitously by the Landlord and that Tenants using the same do so at their own risk. (x) No lrailers, commercial boats or re. :: :hicles may be parked on the property. All cars tnust be in working condition and must have currc: i~:4>ectinn. Any violations will be immediately subject to towing a~ the owners expense. (x) Resident acknowledges receipt and . i · re of the following information: A disclosure of information on Lead B:: i ' !::zards and the EPA Manual #EPA 747-K-94-001. TENANT INITIALS: Pg.7 Aparm~ent living requires harmony among resident, sal;:ty, orr following: 1. Request assistance from the man and care of each appliance or any ph; and walls. We want you to have max operate and how to keep them propcr~ 2. l>rovide your own light bulbs o f [ 3. Cooserve energy and assure safel items, 4, Under no cifcumstaltees are ani. heatmg devices include kerosene he ~i The hea~ng devices and their fuel cu~ of The Lease. 5. Storage of any flan~nable substu~ 6, Only standard pic~u'e hangers m~ ( A "finishing nail" is also acccptahI: 7. Washing o£cars on the pr~rnis¢~; ~ 8. Tenant shall deliver to L~a~dlord safety / sacu~ty Iock~ are to be insl~H, 9. The public hails and stairways - to and fi.om~apa.r~nents. 10. Recognize the rights of others any disturbing noises in the bnildin~ persons that will interfere with Ih¢ play or ~bermit to be played an), music. to 9:00am. it'the same shall disturb or ~ I. Tenants are expressly forbidden 12. No garbage or refuse ol'a~)' tyl the dumpsters we provide for thal 13. When a tenant vacates, ~l] bag£~ directs. 14. Tenant shatl keep the pretuis~s 15. Tenants shall not obstruc~ fire caps of the building, nor shall Ibc> ~:. 16. No ash can, garbage can, cl,,lhi:: patio, windows, balcony or an~, ~,u,:h 17. The toilets, sinks and mhcr walc~ were consu'ucted, nor shall any damage resulting fi.om the misu~;c ther~ been caused. 15. Tenant's children shall not I~l:~b, another tenant's dwelling. Ten:mis s! pay to the landlord the costs and cxpc~ 19. Tenant shall use the laundry 20. Each tenant must, upon the same and all applicable eosls 21. Tenant shall not install or n.;~inl:~ . conditioner, garbage disposal uni~ or the exterior of the building or imtall ~: as "small appliances", without tt~: master antenna for radio or tele', :~,ion,: roo£or aUacbed to any pan of Lat~dlo:. I the consent of or notice to tena~u 22. Tenant agrees to keep on dc~,~sit Tenant shall pay any increase in ~cCttl~l' 23. All security, rent, late fees, :,t ~m" any other money due to Landlord .~,~t card. NO CASH. 24. Tenant shall not withhold re.t or tenant. All claims by tenant shall ~. ha, withhold rent or make any deducl~ ~: areas. Landlord shall be afforded :: parking areas. '25. During and at the expiration ol'[ht. recourse to the security deposil ck. sc:-it ' good any default by tenant. The s ::.c i~ court costs, attorney's fees, pet t~,,.~, lau: TENANT INITIALS: Pg. 8 (;ULATIONS ADDENDUM ~B~ ,peration and concern for aeighbors. In order to more easily assure t~ed living, each resident agrees, as pan of The Lease, to the intenance team for inslruction and help regarding the operation the apanment including doors, windows, lights, plumbing, floors ~hese items and this is only possible if you understand how they will be happy to help you. : - ask at the ofi%e for proper sizes. ,IHng additional appliances or equipment other than normal home . heating devices permitted in any apanment. Supplementary . es, space heaters, gas heaters, electric heaters, camp heaters, etc. .. fire hazard. Any use of such devices will be in direct violation md any apartment is prohibited. hanging pictures, mirrors, etc. No adhesive hangers may be used. : from the premises for the purpose of washing cars is prohibited. .;~ent, hll keys for all Ioc~ in tenant's apartment. No additional .cten permission of management. i.all not be obstructed or used for any purpose other than access :ment of living on this property. No tenant shall make or permit :~mily, ~ends or guests; or do or permit anything by such :' convemence of other tenants or occupants. No tenant shall ~ radio in the demised premises between the hours of 10:00pm :upants of the building. i,g fi.om the balcony, windows or doors. ; ..\T ANY TIME, FOR ANY REASON .anywhere except for must be taken in or out of the home as the management 'preservation and cleanliness. ',awer pots or any other aniclas on the window sills or door :~e of anicle shell be pieced or hung out on the fi'om patio, rear z~ot be used for uny purpose other than those for which they : any other improper articles be thrown into the same: and any :~e by the tenant by whom or upon whose premises it shall have ::, stair, rays, launch3, rooms, parking areas or in fi'ont of ~ for any damage directly caused by their children and shall ~my damage caused by their children. '~d st such times as management shall designate. return all keys of the apartment and appurtenances or pay for tall or maintain any washing machine, clothes dryer, a~r :t any television or radio antenna on the roof, or anywhere on ! :c~cal or gas appliance other than items known in the trade :nt o£the Landlord. In the event Landlord shall install a :he same only. No CB equipment shall be installed on the ,ndlord shall have the right to remove su~ch equipment without ' andlord as security, a sum of money equal to $530.00. : after written demand by Landlord. ,~sts, constable fees, laundry equipment rental, pet tees and ~:, money order, cashier's check, certified check or debit ::)ns by reason of any loss of or damage to the propen7 of the ~ normal insurance claims procedures. Tenant shall not ' i!ity to remove and plow snow fi.om sidewalks and parking ny extension hereof, Landlord may, if Landlord elects, have ~ur (4) of this lease and further described herein, to make : limited to: the payment of rent in arrears, late charges, ?ntal and constable fees. T~4ANT IM'rIALS:.__ Pg.2 J 1. USE AND OCCUPANCY OF LEASED pREMISES. 14. C~ ~ ~AN~ OF ~S~D PROPERS. TENANT SHOUt. D NOT SI~N THIS IL~IDENTIAI. LEA.qR UNTI~ THE 'I'~4ANT It. AS ~ AND UNDE]~TANX~ ~ IN~'ORI~IAT]ON INCLUDED IN TH~ "II~I~ORTANT NOT]CE' A'I~AC~.D TO TIOS R.ILq~DEN'r[At, LEA~R. Tmnnt ~ Ten~m li~a~z~ si~n RESIDENTIAL LEASE FOR BUNKER HILL APARTMENTS; This Residcntial Lease dated this /~ dayo~ 2001 betwccnLCLMANAGEMENT as agents for BUNKER HILL APARTM~NTS,'BUN~.~.R ASSOCIATES as Landlord and jointly and severally as Tenant(s) It La agreed that no one will live in this dwelling oth r P ' PP g by Landlord. NAME RELATIONSHIP DATE OF BIRTH I. LEASED PREMISES. Landlord leases to Tenant upon the terms and conditioas contained in this Residential Lease, ax::~..~2~Aom'tment with a. stove, re,ge_tarot and dishwasher, , and all blinds located at ~ ~d~ ~',.~%/~fC~'("x ~ xh/~ ~ ~ (Leased Premises). C L-K\ . + .. the [~'~ ot'"~,~-.~Oplatg:00amandendin§onthe ,',~1 of~. 2002 atS:00pm. 3. RENTAL PAYMENT. Tenant shall pay to L~ndlord the sum of Sr'~D[ 5 ~ b~i¢ r~ntal for the 1¢~¢ term. The r~ntal shall bo payable moothl¥ in advance on the f'u~t day of each month during the lease term in the ~nount of $ [~C) without prior demand by Landlord. Payment of rental shall b~ to the business eddrcss of L~ndlord, or u~oo wrineo notice to Tenant, at another location. NO CASH ACCEPTED! MAKE PAYABLE TO: BUNKERA$$OCIATES If the ten~ of this lease shall begin un a date other than the first of the month, Tenant shall pay the monthly rental on the begkming date. The rental paid shall he epplied to the fro! p~u'tial month and the I~t p~mial month. The second monthly payment shall be paid on the ftrst day of the month following the beginning of the lease term and shall b~ ~pplied to that month's rental. Landlord ~md Tenant agree that a timely payment of the rental and p~rformance of all tera~ and ¢ondition~ of this Ieee ~re of th* essence ofthLa Ieee. If thc monthly rental shall not have been paid efler the fiffi~ (Sth) of the month when the rental ,hall have been due, then Tenant agreas to pay the late charge of 10% which will be added to any full or pertial monthly rent payment not received in the office by the fiRh (Sth) of er*fy month. Any ch~k not cleared by Ten~a~e bank will be ¢o~idered late rent and subject to the 10% lam charge. The late ch~'ge d~ll ~Oml~ate Landlord for additional administr~tiYe costs and expcme~ caused by the lam payment. If payment ie rm~de ~ Landlord at the proper address by fi~t class mail, posla§e prepaid, then the date of the posh'n~k shall bo u~ed as the date of payment. In the event *my rent check is returned to l.~dlord by re,on of imufficient funds, uncollected fund~, stop payment, account closed or ~ny other reason, Tenant agr~s to pay Landlord a fee of $30.00. Landlord reserYes the right to requke a certified check, money order or c~hier's check for the future r~nt in the event any personal check i~ r~u'ned for the reasom set forth heroin. L~ndlord r~serv~ the right to proceed with'l:rimi~l charges in the event Tenant issues a "bad check". Allch~rgesheroutl.dcrshallbed?m[daddition~l ~.~) 4. SECURITY DEPOSIT. After signing this Residential Le~e, and before th,c. Tenant takes .pgssession of the Leased Premises, Tenant shall pa)' to Landlord a sum equal to ~'~ month s rent or ($ _~ ) which amount shall be held by Landlord asa security deposit. TENANT INITLa&.S: Pg. 1 Before Landlord returns the security deposit to the Tenant: I) 'fenant shall vacate the Leased Premises and Landlord shall in,peet the Leased Premises for damage; 2) Tenant shall have complied with all lease torres, conditions and roles and regulations; and 3) Tenant shall have paid in full the rental, additional rental and late charges if any. Landlord may retain all or any part of the security deposit to reimburse Landlord for any and all loss, damage and expense due to Tanant's violation of the lease terms and conditions, or roles and regulations of this Residential Lease or due to nonpayment of rant, additional rent or Isle charges, if any. If this occurs prior to the lease termination, the Landlord may demand that the Tenant replace the anmunt oftht: security deposit used by the Landlord. Il'the Landlord sells the property, the Landlord may transfer the security deposit to the new owners for the Tenant's benefit. The Landlord will notify the Tenant of any sale and transfer oftbe deposit. The Landlord will then be released of all liability to return the security deposit. TENANT ACKNOWLEDGES THAT THE SECURITY DEPOSIT IS NOT TO BE USED AS PAYMENT OF THE LAST MONTH'S RENT. 5. INABILITY OF LANDLORD TO GiVE POSSESS[ON. If Landlord is unable to mmsfer possession to Tenant at the beginning of this Residential Lease, then the lease term shall begin, but Tenant's obligation to pay rent shall be suspended until Landlord is able to ma.nsf'er possession to Tenant. Landlord shall not be liable to Tenant for damages it' Landlord is unable to transfer possession of the Leased Premises for causes reasonably beyond I~olds remains in the Leased Premises after the term ends, the Landlord's If the prior Tenant Landlord's obligation to t~:ansfer possession of the Leased Premises to Tenant is suspended. 6. PRIOR TO MOVE-IN. Prior to move-in, Tenant must complete the following: ,...~ fl.. 1. Complete and sign the application which becomes part of this Agreement. . 2. Read, understand and sign this Agreement and any applicable addendum. 3. Pay all monies for rent, security, pro-rata and addendum charges as indicated. 4. [aspect with Landlord the specific dwelling you are renting, indicating existing conditions, and signing and dating the duplicate inspection Ibrm Tenant agrees to allow Landlord at least fourteen days from commencement date of this Lease for any repairs or de~orating agreed to by Landlord and Tenant. 7. DESTRUCTION OF LEASED PREMISES. Tenant shall noti~' Landlord as soon as possible of any fire or other loss in or about the Leased Premises. Tenanl shall notify Landlord immediately of any ch"cumsmace or condition in or about the Leased Premises which threatens the Leased Premises, or the property or safety of Tenant, Landlord, or others. If the Leased Premises is partially destroyed by fire or other casualty, Tenant shall have the fight and option 1) to continue to occupy the habitable portion of the premises, or 2) to terminate this Residential Lease absolutely and receive a refund of rent paid through the date of transfer of possession to Landlord. 8. INSURANCE. Landlord shall insure the structure within which the Leased Premises is located for fire and extended coverage. Tenant shall insure Tenant's personal property in or about the Leased Premises. The Landlord's structure insurance does not cover any damage lo a Tenant or the properly ora resident for any reason, including fire, water leaks, equipment failures, vandalism, theft, smoke, electrical malf~.nction or any cause. G AND ASSIGNMENTS. Tenapt shall no~g~~mto ally sublease Ui ~ itlen conse . att~r{pted assignment or sublease by Tenant without the prior ~e. If Landlord shall con.~nt to all' ' *'~"~' assignmen ' lease. , 10. R~LIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for any loss, injury, or damage to any person or property unless the loss, injury or damage is caused by the Landlord's intentional act or neglect. 'Tenant shall repay to Landlord any money spent by Landlord due to Tenant's intentional act or neglect. Tenant is responsible for all intentional acts or neglect of Tenam's family, and others who use Leased Premises. Landlord shall not be liable for any injury or damage cansed by water, rain, snow or ice that leaks or flows from whatever source into or around the Leased Premises or the building within which the Leased Premises is located. . "" The Landlord is not responsible lbr any inconvenience or interruption of servicas due to repah'~, improvements or for any other reason beyond the Landlord's control. Despite inconvenience or interruption of services, a Tenant must still pay rent. TENANT INITIALS: Pg.2 I I, USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior wfiuen consent of Landlord. Tenant shall occupy and use lhe premises in conformance with all Federal, State and Local Laws, Regulations and Ordinances now in force or that may be enacted in the fi~mre. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about the Leased Premises which substances or activities expose Tenant, Landlord or others to a risk of injury, loss or damage. 12. RULES AND REGULATIONS. In addition to the terms and conditions ia this Residential Lease, Tenant shall be bound by Landlord's standard Rules and regulations which are attached to this Lease. Landlord shall have the right during the term of this Lease to change or add to these Rules and Regulations provided tYat the purpose of any change or addition shall be to preserve the Leased Premises and the quiet enjoyment of all the tenants. No change or addition to the Rules and regulations shall become effective until Tenant has been provided with a written copy of the changed or added Rules and Regulations byI mail, posting or delivery to the Leased Premises, Tenant agrees that a violation of the Rules and Regulations shatl be a violation of this Residential Lease. Violation of the Rules and Regulations by Tenant shall permit Landlord tb exercise any and all remedies prg..vided for ~is A. ResidentialLease. Ce<~ec'~ - ~..:,t~ ~ ,o~"~ ,~1, 13. SUBORDINATION. This Residential Lease is subordinate to any and all mortgages and security interests that are presently on the property or that in the future may be on the property of which the Leased Premises is a part. 14. CARE AND MAINTENANCE OF LEASED PROPERTY. Tenant shall use good care when using the Leased ~ Premises and all appliances, furniture (if applicable), fixtures, and all heating, ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise good care when using any part of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Promises, it's contents, or any property of Landlord caused by the lack of good care by Tenant, T'e~. ~.aa'.'s f-_~_2"l~,' .=:m~:.-: "-.':'~ T:::a'.'." Upon ending of this Residential Lease for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as at the beginning of the lease term, except for reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repairs within the Leased Premises. '~',~ ~...,% CARE OF PROPERTY. Tenant is responsible for keeping the aparlmant, enlxyway, patio and grounds clean and neat at all timas, ir~udh~-~ .... ss,~~oe, and in compliance with the Propet~y Rules which are hereby made a pan of this lease. Failure to live in harmony with your neighbors in accordance with the atnached rules and regulations of the Property is justifiable cause for eviction. The Tenant must get the Landlord's prior written consent to alter, improve, paint or wallpaper the apartment. Alterations, additions and improvements become the Landlord's property. In the event that the Tenant installs contact paper, or any other wall or ceiling decoration, as well as carpet tacking, in an apartment, Tenant agrees to remove such items at Tenant's own cost and expense at the expiration of this lease term or any renewal thereafter. In the ~vent Landlord is required to remove the items, the cost of seme shall be deducted fi.om Tenant's security deposit. 15. RENEWAL. The Landlord may offer the Tenant a new lease to take effect at the end of this Lease. The new lease may include reasonable changes. The Tenant will be notified of any proposed new lease at least thlny (30) days before the and of the present Lease. If no changes are made, the Tenant may continue to rent the apartment on a month to month basis (with the rest ofthe Lease remaining the same). In either case the Tenant must notify the Landlord of the Tenant's decision to stay or to leave al least thirty (30) days before the end of the term, otherwise the Tenant will be responsible under the new terms of the new lease. 16. MOVE-OUT. Tenant agrees not to vacate the dwelling or move prior to the lease termination date without permission of the Landlord. Tenant also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Tenant, and Tenant agrees to pay the cost of removal and disposal of these possessions,, Tenant agrees to vacate the dwelling at the end of the term, leaving the property clean and in good order. Tenant agrees ~, jointly inspect the dwelling with a person fi.on~ management staff, indicating then existing conditions, sign and date duplicate "check-out" form. If Tenant is absent fi.om the premises, without notice, in excess of seven (7) days while rent is delinquent, the premises will be considered abandoned and the owner shall be entitled to immediate possession of the dwelling unit. The Tenant will notify the owner in writing of any anticipated absence in excess of seven (7) days, ao later than the fi~t day of the absence. TENANT INITIALS: Pg.3 17. RIGHT OF ENTRY. Landlord and persons authorized by Landlord shall have the right to (near the Leased Premises at all reasonable times to inspect, perform maintenance, do repairs and show the premises to prospective tenanLsandpurchL~;~'E t s he r~s ons b t),ofthetenanttocarpet80%ofallwalkingareas inTenant's~k] . 18. CARPET C · ' 'P . apar~leut unless carpet is provided by Landlord. ,~z~ ~i~L( l~C_.'-~rl ~ t.~("~ ~'-~?~"~ e(~ ~ ~-~)~.~ 19. UTILITIES. Charges for utilities and services supplied to thc Leased Premises shall be paid as follows: Thg: Landlord will oay for the following: -- ,"'~ - (x) cold water ( ) hot water ( ) clectrici~ ( ) heat ( ) air conditioning ( ) gas (x) sewage (x) rubbish removal The Tenant wilt ~av for the following; ' ( ) cold water (x) hot water (x) electricity (x) heat (x) ah' conditioning ( ) gas ( ) sewage ( ) rubbish removal Landlord shall have the right to temporarily suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect thc property of Landlord or Tenant f~om risk of harm or loss. 20. REIV~DIES. lfTeoent fails to pay rent or any other charles when due, or if Tenant violates any o~har terms, conditions, roles or regulations i~ this Residential Lease, Landlord may take action against Tenant. bi such a case, Landlord does not have to give any notice of termination or notice to quit to Tenant before taking any action. In such a case Landlord may take any or all of the following actions: a) Terminate this Residential Lea.se without prior notice. b) Sue T~enant in court to recover possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Premises. c) Sue Tenant to recover the whole balance oftbe rent and charges owed for the remaining lease term. d) Sue Tenant for all damages, including reasonable attorney's fees, resulting from Tenant's violation of any terms, conditions,/'ules Or r~gulations Landlord may seek OhS or more than nee remedy contained in this Residential Lease. Landlord's taking of any action against Tcnam shall not prevent Landlord from baking other and additional actions against Tenant. Landlord's failure to enforce any term, condition, rule or regulation shall not prevent Landlord from enforcing thc term, condition, rule and regulation al a later time. 21, NOTICE OF TERMINATION. At thc cod of the original term oft his lease, if tenant docs not intend to renew, tenant must give Landlord thirty (30) days written notice to vacate said premises with notioe being given on or before the last day of the preceding month. 22. ATTORNEYS FEES AND COSTS. If Landlord shall enforce the provisions of this Residential Lease in any coon against Tenant, Landlord shall bc antitlcd as pan of any cou~t, ju.dgmcpt to be reimbursed fir all ~cos~,~Lc.~ expenses of enforcement including reasonable auorney's fees. ~",~ ',~ private prol~rty for public usc. Fair compensation must be paid. If all or any part of the Leased Premises (or the building within which thc Leased Premises is located) is taken by eminent domain, thc lease shall terminate as to that part taken. Landlord shall not be liable to Tenant for any claims by Tanant for loss of usc of all or an)' portion of thc Leased Premises (or the building within which the Leased Premises is located) or because this Residential Lease has been terminated. 24. NOTICES. All notices provided by this Lease must be written and delivered personally or by certified mail, return receipt requested. Notices to Ihe Landlord may be sent to the Landlord's agent, 25. BINDING EFFECT. This Residential Lease legally binds thc Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tcmmt shall not have the right to assign this Residential Lease or sublet the Leased Premises without the prior written consent of Landlord. TENANT INITIALS: Pg.4 26. ADDITIONAL TERMS, CONDITIONS. RIDERS AND AMENDMENTS. This Lease includes all those terms, conditions, riders and amendments indicated below. The terms and conditions included in thc attached Riders and Amendments are part of this Residential Lease. (X)RulesandRegnlationsA B&C ~ ~ ~_¥c.~, "~ (X) Pet Prohibition Rider ~ (X) Pet Lease Addendum (X) Rent Coilection Policies & Procedures TENANT SHOULD NOT SIGN THIS RESIDENTIAL LEASE UNTIL THE TENANT HAS READ AND UNDERSTANDS THE FNFORMATION INCLUDED IN THE "IMPORTANT NOTICE" ATTACHED TO THIS RESIDENTIAL LEASE. This Residential Lease dated this /~ dayof~~( /Tenant lignarure-- I /0--- Tenant signature Tenant signature Tenant signature Tcnam signature Tenant signature Pg.5 IMPORTANT NOTICI~ THIS PAGE EXPLAINS IMPORTANT INFORi~TION ABOUT YOUR RIGHTS AND DUTIES AS A TENANT, SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT SIGN THIS RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON THIS PAGE. As Tenant, you violate the terms and conditions of this Residential Lease if you: 1) Fail to make timely payment of rent or other charges to the Landlord. Or, 2) Vacate the Leased Premises without the Landlord's consent prior to the end of the lease term. Or, 3) Fail to vacate the Leased Premises at the end of the lease term. Or, 4) Fail to perform any of thc obligations included in the lease, Pales and regulations, the riders or amendments. Or, j) Violate any Pales or regulations which a~ made a pa~ of the Residential Lease. Paragraph 20 includes a waiver of "Notice to Quit". When "Notice to Quit" is waived, if you violate the Residemial bease, the Landlord has the immediate right to file a complaint in Court seeking an order evicting you fi.om the Leased Pr~mises. The Landlord DOES NOT have lhe right to bring an action in Cour~ sc~king your eviction unlass~ you have violated your obligations as a Tenant. Even though you ar~ waiving "Notice to Quit", you will still have an opportunity in Court to contest the validi~ of the Landlord's claim for eviction. If you violate the terms and conditions of the Residential Lease, the Landlord has ~he right to seek the following remedies ,against you in Court: I) A judgment for overdue ran~ lat~ charges and monetary damages caused by your violation of the lease terms and conditions. 2) An order for recovery of Possession through an eviction action. :3) A judgrnent for unpaid rent for the balance of the lease term or until another person ~akes possession of the Ueased Premises as a new Tenant. ARE IF THERE IS MOKE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS THIS JOINTLY AND SEVERALLY LIABLE FOR THE PERFORMANCE OF ALL TENANT OBLIGATIONS. MEANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY ONE TENANT OR ALL OF THE TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT "I, the undersigned tenant(s), have read and understand the above disclosure." date sign date sign sign sign date sign Pg.6 RULES AND REGV~.ATIONS AD~)~mJM "A" LANDLORD: BUNKER ASSOCIATES/BONKER I~LL ~AR'~ENT~''~ TENANTS: LEASED PREMISES:. Tha rules and regulations ifidicated,'(x)" below are part of the Residential Lease between Landlord and Tenant. A violation of any of the rules and regulations is a violation of the Lease and the ParW not in.violation~shalt be entitled... to exercise any remedies provided in the Lease. (x) No alternate heating sources such as kerosene heaters and space heaters shall be permitted to be operated within the Leased Premises without the prior consent in writing of Landlord. (x) The use of charcoal or fla~nmable gas grills is not permitled in the Leased premises or on any balcony, patio or other common area on the property upon which the Leased Premises is located. (x) Tenant shall not place or permit to be placed or stored - items on any window sills, ledges or balconies..Tenant shall not hang laundry or other items fi-om the ha, lconias, windows and conunon areas. ' (x) No window u'calmants, awnings, draperies or umbrellas shall be installed in thc Leased Premises without the prior, consem in writing of Landlord. (x) Tenant shall observe "quiet houri" between the hours of i0:00pm and 8:00am daily. NOTE: Excessive noise will not be permitted regardless of what time it is occurring. (x) ~,waterbed shall be permitted within the Leased Premises without proo[0f insurance: (X) ~ena~t sha"[I riot install shelving, pL~e Ro~:s, wallpaper, p~ ~ a~f~lmy way Ibc ~ea~lla ofl~e Leased ' ~-." Premises without the prior consent in writing of Landlord. (x) Tenant shall be responsible for testing all fu'e warning d~vices such as smoke detectors and t'u'e alarms within the Leased Premises. Tenant shall notify the Landlord if any fire warning or fire abatement device is not functional. Tenant sha~]l not disable, or permit to be disabled, any fire warning device or discharge any fire extinguisher. (x) Tenant shall not go upon the roof of the building within which the Leased Premises is located and shall not enter any area clearly designated as being closed to tenants and o~.hers. (x) No radio or television reception devices such as antennas and satellite dishes shall be installed upon the Leased Premises or in the common area around the Leased Premises. (x) Tenant shall not permit the premises to be unoccupied for longer than fi'.'c (~ .,xz::.:~.:::[v:- day~,s wi.'thout notifying the Landlord (or Landlord's designated agent). ~'"'~,/:..,~ (x) Tenant shall maintain the heat within the Leased Premises at a temperature not less than 50e d'urin~ the winter period from November to April. (x) No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the Leased Premises is located. (x) Tenant shall provide appropriate nonflammable containers for ~'ash and rubbish and shall keep ~e Leased premises and the common areas fi-ce fi-om litter and rubbish. Tenant shall deposit all trash and rubbish fi-om the Leased Premises into the designated common waste disposal con~a, iners. (x) Tenant shall become familiar with and observe all posted security regulations and all posted ~ra escape or evacuation routes and all fire exits. Questions concerning security and fire procedures should be du'ected to Landlord (or Landlord's designated representative) without delay. (x) That any space which may be provided by the Landlord to accommodate the Tenan~ in the airing and drying of clothing is fun~ished gratuitously by the Landlord. The Tenants using the same for any purpose do so at thais own risk with the express stipulation and agreement that the Landlord shall not be liable for any loss of properW thereon or for any damage or injury whatever. (x) If store rooms are provided by the Landlord to accommodate Tenants in the storage ofarticlas, it is with the express understanding that the room is ~rnished gratuitously by the Landlord and that Tenants using th~ same do so at their own risk. (x) No millers, commercial boats or recreational vehicles may be parked on the property. All cars tnust be in working condition and must have current tags and inspection. A~y violations will be immediately sobject to towing at the owners expense. (x) Resident acknowledges receipt and full disclosure of the following information: A disclosure of information on Lead Based Paint Hazards ~nd the EPA Manual #EPA 74?-K-ga-001. TENANT IN ITIAL~"~ ,~¥ Pg.7 RULES AND REGULATIONS,ADDENDUM "B" Apanment living requires compatible cooperation mad conuem for neighbors. In order to more easily assure harmony among residents safety order, and enriched living, each resident agrees, as pan of Tbe Lease, to the following: 1. Request assistance fi-om the management / maintenance team for inslructinn and help regarding the operation and care of each appliance or any physical pan of the apartment including doors, windows, lights, plumbing, floors and walls. We want you to have maximum use of these items and this is only possible if you understand how they operate and how to keep them properly. Our team will be happy to help you. 2. Provide your own light bulbs of the proper size - ask at the office for proper sizes. 3. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items. 4. Under no circumstances are any supplementary heating devices permitted in any apartment. Supplementary hunting devices include kerosene heaters, wood stoves, space heaters, gas heaters, electric heaters, camp heaters, etc. The heating devices and their fuel constitute a grave fire hazard. Any use of such devices will be in direct violation ofTbe Lcase. 5. Storage of any flammable substances in or around any apanment is prohibited. 6. Only standand picture bangers may be used for hanging pictures, mirrors, etc. No adhesive hangers may be used. ( A "finishing nail" is also acceptable.) 7. Washing of cars on the premises or use ofwater fi.om the premises for the purpose of washing cars is prohibited. 8. Tenant shall deliver to Landlord or Landlord's agent, ~11 keys for all locks in tenant's apartment. No additional safety / security locks are to be installed without written permission of management. 9. The public halls and stairways - if applicable - shall not be obsUmcted or used for any purpose other than access to and fi'om~aparuuents. 10. Recognize the rights ofotbers to the quiet enjoyment of living on this property. No tenant shall make or permit any disturbing noises in the building by himself, his family, fi'lends or guests; or do or permit anything by such persons that will interfere with the rights, comforts, or convenience of other tenants or occupants. No tenant shall play or {~ermit to be played any musical instrument or radio in the demised premises between the hours of 10:00pm to 9:00am. if the same shall disturb or annoy other occupants of the building, 11. Tenants are expressly forbidden to throw anything fi.om the balcony, windows or doors. 12. No garbage or refuse of any type is to be placed AT ANY TIIvlE, FOR ANY REASON anywhere except for the dumpsters we provide for that same purpose. 13. When a tenant vacates, all baggage and furniture must be taken in or out of the home as the management directs. 14. Tenant shall keep the premises in a good state ofpresarvation and cleanliness. 15. Tenants shall not obstruct f'u'e escapes or place flower pets or any other articles on the window sills or door caps of the building, nor shall they waste or unreasonably use water. 16. No ash can, garbage can, clothing or any other type of aniele shall be placed or hung out on the fi.oat patio, rear patio, windows, balcony or any such place. I ?. The toilets, sinks and other water apparatus shall not be used for any purpose other than those for which they were consumcted, nor shall any sweepings, rubbish nor any other improper articles be thrown into the same: and any damage resulting fi.om the misuse thereof shall be borne by the tenant by whom or upon whose premises it shall have been caused. 18. Tenant's children shall not play in the public halls, stairways, laundry rooms, parking areas or in fi-oat of another tenant's dwelling. Tenants shall be responsible for any damage directly caused by their children and shall pay to '.he landlord the costs and expenses of repairing any damage caused by their children. 19. Tenant shall use the laundr~ moms on such days and at such times as management shall designate. 20. Each tenant must, upon termination oftheir lease, return all keys of the apartment and appurtenances or pay for the same and all applicable costs. 21. Tenant shall not install or maintain or permit to install or maintain any washing machine, clothes dryer, air conditioner, garbage disposal unit or dishwasher, or erect any television or radio antenna on the roof, or anywhere on the exterior of the building or install or maintain any electrical or gas appliance other than items kn6wn in the Uade as "small appliances", without the express written consent of the Landlord. In the event Landlord shall install a master antenna for radio or television, tenant shall use the same only. No CB equipment shall be installed on the roof or attached to any part of Landlord's premises. Landlord shall have the fight to remove su~ch equipment without the consent of or notice to tenant. 22. Tenant agrees to keep on deposit at all times with Landlord as security, a sum of money equal to $530.00. Tenant shall pay any increase in security within ten days after written demand by Landlord. 23. All security, rent, late fees, aUoreey's fees, court costs, constable fees, laundry equipment rental, pet fees and any other money due to Landlord must be made by check, money order, cashier's check, certified check or debit card. NO CASH. 24. Tenant shall not withhold rent or make any deductions by reason of any loss of or damage to the property of the tenant. All claims by tenant shall be handled according to normal insurance claims procedures. Tenant shall not withhold rent or make any deduction for Landlord's inability to remove and plow snow fi'om sidewalks and parking areas. Landlord shall be afforded a reasonable time under the circumstances to remove snow fi-om sidewalks and parking areas. 25. During and at the expiration of the term herein or any extension hereof, Landlord may, if Landlord elects, have recourse to the security deposit described in paragraph four (4) of this lease and further described herein, to make good any default by tenant. The same includes, but is nm limited to: the payment of rent in arrears, late charges, court costs, auorney's fees, pet fees, laundry equipment rental and constable fees. TENANT INITIALS:~ Pg. 8 / RESIDENTIAL LEASE FOR BUNKER HILL APARTMENTS; as agents for BUNKER HILL APAR~TIvI~.NTS/BUN~..~.R ASSOCIATES as Landlord and / It is agreed that no one witl live in this dwelli/lg other than thos~ named be[o..~ unless prior itt pp ' g' by Landlord. NAME RELATIONSHIP DATE OF BIRTH I. LEASED PREMISES, Landlord leases to Tenant upon the teems and conditions contained in this Residential Lease, a c:Q~.M~ament with a stQve, refi'i&erator and dishwasher, , and all blinds located 2. TEEM O¢'i~ECA"C'SAS'~?Th~n ~¥th~s Residantia%?ease is 1~2 ¢°~-n~¢cntive m°ntbs +1 ~ ' ' days be§innin§ un the I,~ of'"j~,~. .:.~.o:,l at 9:00am and ending on the ',~l of~ ~r'~. 2002 atS:00pm. 3. PAYS T. Tenant shall pay to Landlord the od'[0 b io rot the te m. STye rental shall be payable monthly in advance on th* fu'st day of each month during the [e~se term in the amount of o1~), without prior demand by Landlord. Payment of rental shall be to the business address of Landlord, or upon written notice to Tenant, at another location. NO CASH ACCEPTED! MAKE PAYABLE TO: BUNKER.d$$OCL,ITE$ If the term of thi* lease *hall begin on a date other than the Itrst of the month, Tenant shall pay the monthly r~ntal on the beginning date. The rental paid *hall be appliad to the Iu'~t parllnl month and the last partial month. The second monthly payment shall be paid on the ftrst day of the month following the beginning of the lease term and shall be applied to that month'* rental. Landlord and Tenant ~gree that a timely payment of the rental and performance of all term~ and conditions of this lease ~e of the e~enc¢ ofthi~ lease. If thc monthly rental shall not have been paid at%r the fifth (Sth) of the month when the rental shall have been due, then Tenant agree~ to pay the late charge of 10% which will be added to any full or p~mial monthly rent payment not received in the office by the fi~h (Sth) of every month..~ny ch~ck not clearad by Tenants bank will be considered late rent and subject to the 10% late ch.'ge. The I~t¢ ch~e *hall compensate Landlord for additional ~iminis~ti¥¢ cosu and expenses camad by the l~te pa~aent. If payment is n~le to Landlord at the proper addrcs* by In'st class mail, pos~§e prepaid, then the date of the poslm~'k *boll be used as the date of payment. In the event any rent check is remmad ~ Landlord by r**aott of imuffi¢ient fund~, uncollecled f~nd~, *top payment, account closed or any other r*asun, Tenant agrees to pay I_~ndlord a fee of $30.00. ' Landlord reserve* the right to requ~ a certified check, money order or c~hier's oh¢¢k for the future r~nt in [he event any l~r~ounl check is r~'urnad for the reasons set forth bemin. I~mdlord r,serve* the right to pro.ad with ~:rlmlnal chartes in the event Tenant issues a "bad check". All charges hereunder shall I~ deemed additiomd [ I ~ _ _/ Il'the Tenant violates any ogthe terms and conditinns of this lease, the Landlord has the right- E io "'""t~e~'e~ti n'~ of the entbe unpaid balance of the rent for the remaining term ofthe lease. I '"-- 4. SECURITY DEPOSIT. After signing this Residential Lease, and before the Tenant takes Eossession of the Leased Premises, Tenant shall pay to Landlord a sum equal to ('~ month's rem or ($ ~ '} which mount shall be held by Landlord as a security deposit. TENANT i'NIT1ALS: Pg. I Before Landlord returns the sacuri .w deposit to the fenant: l) 'lenant shall vacate the Leased Premises and Landlord shall inspect the Leased Premises Ibr damage; ;2) Tenant shall have complied with all lease terms, conditions and rules and regulations; and 3) Tenant shall have paid in full the runla{, additional rental and Isle charges ii'any. Landlord may retain a{{ or any pan of the security deposit to reimburse Landlord for any and all {uss, damage and expeuse due to Tenant's violation of the lease terms and conditions, or rules and regulations of this Residential Lease or duc to nonpayment of rent, additional runt or late charges, ifany. If this occurs prior to the lease termination, the Landlord may demand that the Tenant replace the amoum of thc securir/deposit used by the Landlord. if the Landlord sells thc property, the Landlord may u'ans£er the sccurfly deposit to the new owners for the Tenant's benefit. The Landlord will notify the Tenant ofany sale and transfer of the deposit. The Landlord will then be released of all liability to return the security deposit. TENANT ACKNOWLEDGES THAT THE SECURITY DEPOSIT IS NOT TO BE USED AS PAYMENT OF THE LAST MONTH'S .RENT. 5. iNABILITY OF LANDLORD TO GIVE POSSESSION. If Landlord is unable to transfer possession to Tenant at the beginning of this Residential Lease, then the lease term shall begin, but Tenant's obligation to pay rent shall be suspended until Landlord is able to transfer possession to Tenant. Landlord shall not be liable to Tenant for damages if Landlord is unable to transfer possession of the Leased Premises for causes reasonably beyond Landlord's cooU'oL If the prior Tenant holds over or remains in the Leased Premises after the term ands, thc Landlord's obligation to t~ansfer possession of the Lensed Premises to Tenant is suspended. 6. PRIOR TO MOVE-iN. Prior to move-in, Tenant mast complete the following: I. Complete and sign the application which becomes part ofthis Agreemant. - (7'" 2. Read, understand and sign this Agreement and any applicable addendum. 3. Pay all monies for rent, security, pro-rata and addendum charges as indicated. 4. Inspect with Landlord the specific dwelling you are renting, indicating existing conditions, and signing and dating the duplicate inspection form. Tenant agrees to allow L~ndlord at least fourteen days from commencement date of this Lease for any repairs or d~corating agreed to by Landlord and Tenant. ?. DESTRUCTION OF LEASED PREMISES. Tenant shall notify Landlord as soon as possible of any fire or other loss in or about the Leased Premises. Tenant shall notify Landlord immediately of any cb'cumstance or condition in or about thc Leased Premises which threatens the Leased Premises, or the property or safety of Tenant, Landlord, or others. [f the Leased Premises is partially destroyed by fire or other casually, Tenant shall have the right and option ]) to continue to occupy the habitable portion of the premises, or 2) Io terminate this Residential Lease absolutely and receive a retired of rent paid through the date of transfer of possession to Landlord. 8. INSURANCE. Landlord shall insure the se'nature within which the Leased Premises is located for fire and extended coverage. Tenant shall insure Tanant's personal property in or about the Leased Premises. The Landlord's structure insurance does not cover any damnge to a Tenant or the property of a resident for any reason, including fire, water leaks, equipment failures, vandalism, theR, smoke, electrical malfunction or any cause. NG AND ASSIGNMENTS. r~~mto any sublease our~h ' vrinen cause . att~e~xpted assignment or sublease by Tenant without assigumen blease. ..._~r I~' 10, RELIEF OF LANDLORD FROM LIABILITY. Landlord is not liable for any loss, injury, or damage to any person or property unless the loss, injury or damage is caused hy the Landlord's intentional act or neglect. 'Tenant shall repay to Landlord any money spent by Landlord due to Tenant's intentional act or neglect. Tenant is responsible for all intentional acts or neglect of Tenant's family, and others who use Leased Premises. Landlord shall not be liable for any injury or damage caused by water, rain, snow or ice that leak~ or flows fi-om whatever source into or around the Leased Premises or the building within which the Leased Premises is located. ~ s The Landlord is not responsible ibr an)' inconvenience or interruption of services due to repairs, improvements or for any other reason beyond the Landlord's control. Despite: inconvenience or interruption of services, a Tenant must still pay rent. TENANT INITIALS: Pg2 I t. USE AND OCCUPANCY OF LEASED PREMISES. The Leased Premises may be used for residential purposes only without the prior wrinen consent of Landlord. Tenant shall occupy and usa the premises in conformance with all Federal, State and Local Laws, Regulations and Ordinances now in force or that may bo enacted in the future. Tenant shall not store any flammable, hazardous, or toxic substances or engage in any activity in or about thc Leased Premises which substances or activities expose Tenant, Landlord or others to a risk of injury, loss or damage. 12. RULES AND REGULATIONS. In addition to the terms and conditions in this Rcsidcntial Lease, Tenant shall be bound by Landlord's standard Rules and regulations which are attached to this Lease. Landlord shall Imvc thc right during the term of this Lease to change or add to these Rules and Regulations provided that the purpose of any change or addition shall be to preserve ~he Leased Premises and thc quiet enjoyment of all the tenants. No change or addition to thc Rules and regulations shall become effective until Tenant has been provided with a written copy oftbe changed or added Rules and Rcgnlations byI mail, posting or delivery to the Les.sod Premises. Tenant agrees that a violation of the Rules and Rcgnlations shall be a violation of this Residential Lease. Violation of thc Rules and Regulations by Tenant shall permit Landlord tb exercise any and all remedies provided for in this 13. SUBORDINATION. This Residential Lease is subordinate to any and all mortgages and security interests that are presently on the property or that in the future may be on the property of which the Lessed Premises is a part. 14. CARE AND MAINTENANCE OF LEASED PROPERTY. Tenant shall use good care when using the Leased Premises and all appliances, furniture (if applicable), fixtures, and all heating, ventilating and air conditioning systems within the Leased Premises. Tenant also shall exercise good care when using any pert of the building within which the Leased Premises is located. Tenant shall pay for all repairs to the Leased Premises, it's contents, or any property of Landlord caused by the lack o£good care by Tenant, T-ce=:': Upon ending of this Residential Lease for any cause, Tenant shall peaceably surrender possession of the Leased Premises and its contents to Landlord in as good order and repair as at the beginning of the lease term, except for reasonable wear and tear. Tenant shall notify Landlord of any repairs or the need for repain within the Leased CARE OF PROPERTY. Tenant is responsible for keeping the apas~ent, entD, way, patio and grounds clean and neat at all times, ~at cf:e--".': m':.d !:e, and in compliance with the Property Rules which are hereby made a part of this lease. Failure to live in harmony with your neighbors in accordance with the attached niles and regulations oftbe Property is justifiable cause for eviction. ~.,,~.~~ ~ The Tenant must get the Landlord's prior written consent to alter, improve, paint or wallpaper the aparm~ant. Alterations, additions and improvements become the Landlord's properly. ha the event that the Tenant installs contact paper, or any other wall or ceiling decoration, as well as carpet tacking, in an apartment, Tenant agrees to remove such items at Tenant's own cost and expense at the expiration of this lease term or any renewal thereatier. In the event Landlord is required to remove the items, the cost of same shall be deducted from Tenant's security deposit. 15. RENEWAL. The Landlord may offer the Tenant a new lease to take effect at the end of this Lease, The new lease may include reasonable changes. The Tenant will be notified of any proposed new lease at least thirty (30) days before the end of the present Lease. If no changes are made, the Tenant may continue to rent the aparunant on a month to month basis (with the rest of the Lease remaining the same). In either case the Tenant must notify the Landlord of the Tenant's decision to stay or to leave at least thirty (30) days before the end of the term, otherwise' the Tenant will be responsible under the new terns of the new lease. , , 16. MOVE-OUT. Tenant agrees not to vacate the dwelling or move prior to the lease termination date without permission of the Landlord. Tenant also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Tenant, and Tenant agrees to pay the cost o£ removal and disposal of these possessions,s ~, Tenant agrees to vacate the dwelling at the end of the ten'n, leaving the property clean and in good order. Tenant agrees to jointly inspect the dwelling with a person from, management staff, indicating then existing conditions, sign and date duplicate "check-out" form. If Tenam is absent from the premises, without notice, in excess o£seven (7) days while rent is delinquent, the premises will be considered abandoned and the owner shall be entitled to immediate possession of the dwelling unit, The Tenant will noti$' the oxgner in writing of any anticipated absence in excess of seven (7) days, no later than the ftrst day of the absence. TENANT INITIALS: Pg.3 17. RIGHT OF ENTRY. Landlord and persons authorized by Landlord shall have the right to enter the Leased Premises at all reasonable times to inspect, perlbrm maintenance, do repairs and show the premises to prospective tenants and purchasers. 18. CARPET CLAUSE. It is thc responsthilR)' of the tenant to carpet 80% of, all walking areas in Tenant's. _ )~ aparlmcnt unlass carpet is provided by Landlord. ,~, /~ '~,...k.( ~-,~L~(~,..~ Lt~=-~'~r~~ UTI--LITI' ES':oC'ha~'g'as f°r~u~iJiLt-ie'-s-"an'~l"s:-e~icesI ne Lanm ,o w,u oev ,or me ,u,,~ wu,,. supplied to the Leased Premises shall be paid as follows: 19. (x) cold water ( ) hot water ( ) electricity ( ) heat ( ) air conditioning ( ) gas (x) sewage (x) rubbish removal The Tenant will pay for the following: ( ) cold water (x) hot water (x) electricity (x) heat (x) air conditioning ( ) gas ( ) sewage ( ) rubbish removal Landlord shall have the right to temporarily suspend any utility or other services to the Leased Premises in order to do maintenance and repair or protect the property of Landlord or Tenant from risk of hahn or loss. 20. REMEDIES. If Tenant fails to pay rent or any other chard, es when due, or if Tenant violatas any other terms, conditions, rules or regulations in this Residential Lease, Landlord may lake action against Tenant. In such a case, Landlord does not have to give any notice of termination or notice to quit to Tenant before taking any action. In such a case Landlord may take any or all of the following actions: a) Terminate this Residential Lease without prior notice. b) Sue Tenant in court to recover possession of the Leased Premises without giving Tenant prior Notice to Quit the Leased Premises. ¢) Sue Tenant to recover the whole balance of the rent and charges owed for the remain~g lease term, d) Sue Tenant for all damages, including reasonable attorney's fees, resulting fi'om Tenant's violation of any terms, ¢onditiQus,~rules or regulations in this,Rasi~Jential ~e?sa, Landlord may seek one or more than one remedy contained in this Rasid~ntial Lease. Landlord's taking of any action against Tenant shall nol prevent Landlord fi.om raking other and additional actions against Tenant. Landlord's failure to enforce any term, condition, rule or regulation shall not prevent Landlord fi'om enforcing the term, condition, rule and regulation at a later time. 21. NOTICE OF TERMINATION. At the end of the original term of this lease, if tenant does not intend to renew, tenant must give Landlord thirty (30) days written notice to vacate said premises with notice being given on or before the last day of the preceding month. 22. ATTORNEYS FEES ANDCOSTS. lf Landlord shall enforue the provisionsofthis RasidentialLease inany ¢ouin against Tenant, Landlord shall be entitled as part of any coup, ju,dgmept to be reimbursed f~r all ?os~ ~an~.~ expenses of enforcement including reasonable attorney's fees. }',,~',_9~ 23. GOVERNMENTAL POWER OF EMINENT DOMAIN. Eminent Domain ts the ~qgs~ ~goveram private property for public use. Fair compensation must be paid. If all or any part of the Leased Pre?aisas (or the building within which the Leased Premises is located) is taken by eminent domain, the lease shall terminate as to that part ~ikan. Landlord shall not be liable to Tenant for any claims by Tenant for loss of use of all or any portion of the Leased Premises (or the building within which the Leased Premises is located) or because this Residential Lease has been terminated. 24. NOTICES. All notices provided by this Lease must be written and delivered p~rsonally or by certified mail, return ~oeipt requested. Notices to the Landlord may be sent to the Landlord's agent. 25. BINDING EFFECT. This Residential Lease legally binds the Tenant, Landlord and their heirs, executors, personal representatives, successors and assigns. Tenant shall not have the right to assign this Residential Lease or sublet the Leased Premises without the prior written consent of Landlord. TENANT INITIALS: Pg.4 26. ADDITIONAL TERMS, CONDITIONS, RIDERS AND AMENDMENTS. This Lease includes all those terms, conditions, riders and amendments indicated below. The terms and conditions included in the ar, ached RIders and Amendments arc pan of this Rasidcntial Lease. ) Rules and Regulations A, B & C. ~ C'}- ..~ '~ ~ (X _ (X) Pet Lease Addendum (X) Rent Collection Policies & Procedures TENANT SHOULD NOT SIGN THIS RESIDENTIAL LEASE UNTIL THE TENANT HAS READ AND UNDERSTANDS THE INFORMATION INCLUDED IN THE "IMPORTANT NOTICE" ATTACHED TO THIS RESIDENTIAL LEASE. This Residential Lease dated this day of , Landlord :~iguature Maxine Shaw Tenant signature Tenant signature Tenant signature Tenant signature Tenant signature Tenant signature Pg.5 IMPORTANT NOTICE.. THIS PAGE EXPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS A TENANT. SPECIFIC QUESTIONS ABOUT YOUR LEGAL RIGHTS AND DUTIES SHOULD BE REFERRED TO AN ATTORNEY. DO NOT SIGN THIS RESIDENTIAL LEASE UNLESS YOU HAVE READ AND CLEARLY UNDERSTAND THE INFORMATION ON THIS PAGE. As Tenant, you violate the terms and conditions of this Residential Lease if you: 1) Fail to make timely payment of rant or other charges to the Landlord. Or, 2) Vacate the Leased Premises without the Landlurd's consent prior to the end of the leasa term. Or, 3) Fail to vacate the Leased Premises at the end of the lease term. Or, 4) Fail to perform any of the obligations included in the lease, rules and regulations, the riders or amendments. Or, 5) Violate any rules or regulations which are made a part of the Rasid~ntial Lease. Paragraph 20 inc udes a wa vcr of Not ce to Qu . When "Notice to Quit" is waived, if you violate the Residential Lease, the Landlord has the immediate right to file a complaint in Court seeking an order evicting you from the Leased Pr~misas. The Landlord DOES NOT have the right to bring an action in Court s~king your eviction unlass~ you have violated your obligations as a Tenant. Even though you ar~ waiving "Notice to Quit", you will still have an opportunity in Cotttt to contest the validity of the Landlord's claim for evi~ion. If you violate the terms and conditions of the Residential Lease, the Landlord has the right to seek the following remedies ,against you in I) A judgmant for overdue renl, late charges and monetary damages caused by your violation of thc lease terms and conditions. 2) An order for recovery of Possession through an eviction action. 3) A judgment for unpaid rent for the balance of the lease term or until another person takes possession of the Leased Pr~nises as a new Tenant. 11~ THERE IS MORE THAN ONE TENANT SIGNING THIS RESIDENTIAL LEASE, THE TENANTS ARE JOINTLY AND SEVERALLY LIABLE FOR ~ PERFORMANCE OF ALL TENANT OBLIGATIONS. THIS M~ANS THAT THE LANDLORD HAS THE RIGHT TO SUE ANY ONE TENANT OR ALL OF ~ TENANTS FOR VIOLATIONS OF THE LEASE INCLUDING SUING ANY ONE TENANT FOR THE FULL AMOUNT OF THE RENT. ACKNOWLEDGMENT: "I, the ersigned tenant(s), have read and understand the above disclosure." sigu date sign dale sign dale sign date sign Pg.6 RULES AND REGULATIONS ADDENDUM "A" LANDLORD: BUNKER ASSOCIATES/BUNKER HILL APARTMENTS TENANTS: LEASED PREMISES: The rules and regulations indicated,"(x)" below are part of the Residential Lease between Landlord and Tenant. A violation of any of the rules and regulations is a violation of the Lease and the party not in violation shall be entitled to exercise any remedies provided in the Lease. (x) No alternate heating sources such as kerosene heaters and space heaters shallsbe permitted to be operated within the Leased Premises without tim prior consent in writing of Landlord. (x) The use of charcoal or flammable gas grills is not permitted in the Leased premises or on any balcony, patio or other common area on the property upon which the Leased Premises is located. (x) Tenant shall not place or permit to be placed or stored - items on any window sills, ledges or balconies. Tenanl shall not hang laundry or other items fi.om the baloonies, windows and common areas. (x) No window l~eatments, awnings, draperies or umbrellas shall be installed in the Leased Premises without the prior consent in writing of Landlord. (x) Tenant shall observe "quiet houri" between the hours of i0:00pm and S:00am daily· NOTE: Excessive noise will not be permitted regardless o£what time it is occmTing. (x) No waterbed shall be permitted within the Leased Premises without proof of insurance. (x) Tenant sha~l not install shelving, picture hooks, wallpaper, paint or alter in any way the features of the Leased Premises without the prior consent in writing of Landlord. (x) Tenant shall be responsible for testing all fire warning devices such as smoke detectors and fine alanm within the Leased Premises. Tenant shall notify the Landlord if any fire warning or fire abatement device is not functional. Tenant shall not disable, or permit to be disabled, any t'u'e warning device or discharge any fire extinguisher. (x) Tenant shall not go upon the roof of the building within which the Leased Premises is located and shall not enter any area clearly designated as being closed to lenants and others. (x) No radio or television reception devices such as antennas and satellite dishes shall be installed upon the Leased Premises or in the common area around thc Leased Premises. '~Z.~ . · ' ' on erthanH"-'" ....... /a s ' outnottfymg (x) Tenant shall not permit the premises to be unoccupied for I g .~ ~.~ vv.~.. ..... : ~y~out the Landlord (or Landlord's designated agent). ~]r-,~") ~ (x) Tenant shall maintain the heat within the Leased Premises at a temperature not leSS than 50a dbring the winter period fi.om November to April. (x) No alcoholic beverages shall be consumed in the common areas of the building and grounds within which the Leased Premises is located. (x) Tenant shall provide appropriate nonflammable containers for Irash and rubbish and shall keep the Leased premises and the common areas flee fi.om litXer and rubbish. Tenant shall deposit all trash and rubbish fi'om the Leased Premises into the designated common waste disposal containers. (x) Tenant shall become familiar with and observe all posted security regulations and all posted fire escape or evacuation routes and all fire exits. Questions concerning security and t'u'e procedures should be directed to Landlord (or Landlord's designated represantative) without delay. (x) That any space which may be provided by the Landlord to accommodate the Tenants in the airing and drying of clothing is furnished gratuitously by the Landlord. The Tenants using the same for any purpose do so at their own risk with the express stipulation and agreement that the Landlord shall not be liable for any loss of property thereon or for any damage or injury whatever. (x) If store rooms are provided by the Landlord to accommodate Tenants in the storage of articlas, it is with the express understanding that the room is furnished gratuitously by the Landlord and that Tenants using the same. do so at their own risk. (x) No trailers, commercial boats or recreational vehicles may be parked on the property, Ali cars tnust be in working condition and must have current tags and inspection. Any violations will be immediately subject to towing at the owners expense· (x) Resident acknowledges receipt and fidl disclosure of the following information: A disclosure of information on Lead Based Paint Hazards and the EPA Manual #EPA 747-K-94-001. TENANT INITIALS: Pg.7 RULES AND REGULATIONS ADDENDUM "B" Aparm~ent living requires compatible cooperation and concern for neighbors. In order to more easily assure harmony among residents, safety, order, and enriched living, each resident agrees, as part of The Lease, to the following: 1. Request assistance fi.om the management / maintenance team for instruction and help regarding the operation and care of each appliance or any physical part of the aparamant including doors, windows, lights, plumbing, floors and walls. We want you to have maximum use of these items and this is only possible ifynn understand how they operate and how to keep them properly. Our team will be happy to help you. 2. Provide your own light bulbs of the proper size - ask at the office for proper sizes. 3. Conserve energy and assure safety by not installing additional appliances or equipment other than normal home items. 4. Under no circumstances are any supplementary heating devices permitted in any apartment. Supplementary heating devices include kerosene heaters, wood stoves, space heaters, gas heaters, elecU'in heaters, camp heaters, etc. The heating devices and their fuel constitute a grave fire hazard. Any use of such devices will be in dii'ect violation of The Lease. 5. Storage of any flammable substances in or around any apartment is prohibited. 6. Only standard picture hangers may be used for hanging pictures, mirrors, etc. No adhesive hangers may be used. ( A "finishing nail" is also acceptable.) 7. Washing of cars on the premises or use of water from the premises for the purpose of washing cars is prohibited. 8. Tenant shall deliver to Landlord or Landlord's agent, ~11 keys for all locks in tenant's aparUnent. No additional safety / security locks are to be installed without written permission of munagement. 9. The public halls and stairways - if applicable - shall not be obstructed or used for any purpose other than access to and from~aparUnents. 10. Recognize the rights of others to the quiet enjoyment of living on this property. No tenant shall make or permit any disturbing noises in the building by himself, his family, friends or guests; or do or permit anything by such persons ~hat will interfere with the rights, comforts, or convenience of other tenants or occupants. No tenant shall play or ~ermit to be played any musical instalment or radio in the demised premises between the hours of 10:00pm to 9:00am. if the same shall disturb or annoy other occupants of the building. I 1. Tenants are expressly forbidden to throw anything from the haleony, windows or doors. 12. No garbage or refuse of any type is to be placed AT ANY TIME, FOR ANY REASON anywhere except for the dumpsters we provide for that same purpose. 13. When a tenant vacates, all baggage and furniture must be taken in or out of the home as the management directs. 14. Tenant shall keep the premises in a good state of preservation and cleanliness. 15. Tenants shall not obstruct fire escapes or place flower pots or any other articles on the window sills or door cups of the building, nor shall they waste or unreasonably use water. 16, No ash can, garbage can, clothing or any other type of article shall be placed or hung out on the fi.om patio, rear patio, windows, balcony or any such place. 17. The toilets, sinks and other water apparatus shall not be used for any purpose other than those for which they were consu'ucted, nor shall any sweepings, rubbish nor any other improper articles be thrown into the same: and any damage resulting fi.om the misuse thereof shall be borne by the tenant by whom or upon whose premises it shall have been caused. I 8. Tenant's children shall not play in the public halls, stairways, laundry rooms, parking areas or in fi.om of another tenant's dwelling. Tenants shall be responsible for any damage directly caused by their children and shall pay to the landlord the costs and expenses ofropairing any damage caused by their children. 19. Tenant shall use the laundry rooms on such days and at such times as management shall designate. 20. Each tenant must, upon termination of their lease, return all keys of the apartment and appurtenances or pay for the same and all applicable costs. 21. Tenant shall not install or maintain or permit to install or maintain any washing machine, clothes dryer,'air conditioner, garbage disposal unit or dishwasher, or erect any television or radio antenna on the roof, or unywher~ on the exterior of the building or instalt or maintain any elec~ical or gas appliance other than items ka6wn in the wade as "small appliances", without the express w~ritten consent of the Landlord. In the event Landlord shall install e master antenna for radio or television, tenant shall use the same only. No CB equipment shall be installed on the roof or attached to any part of Landlord's premises. Landlord shall have the right to remove au? equipment without the consent of or notice to tenant. 22. Tenant a~ees to keep on deposit at all times with Landlord as security, a sum of money equal to $530.00. Tenant shall pay any increase in security within ten days a~ter written demand by Landlord. 23. All security, rent, late fees, attorney's fees, court costs, constable fees, laundry equipment rental, pet fees and any other money due to Landlord must be made by check, money order, cashier's check, certified check or debit card. NO CASH. 24: Tenant shall not withhold rent or make any deductions by reason of any loss of or damage to the property of~e tenant. All claims by tenant shall be handled according to normal insurance claims procedures. Tenant shall not withhold rent or make any deduction for Landlord's inability to remove and plow snow fi.om sidewalks and parking areas. Landlord shall be afforded a reasonable time under the circumstances to remove snow fi~m sidewalks and parking areas. 25. During and at the expiration of the term herein or any extension hereof, Landlord may, if Landlord elects, have recourse to the security deposit described in paragraph four (4) of this lease and fiu'ther described herein, to make good any default by tenant. The same includes, but is not limited to: the payment of rent in arrears, late charges, court costs, anorney's fees, pet fees, laundry equipment rental and constable fees. TENANT INITIALS: Pg. 8 I~ESIDENTIAL I~EA~E It ts agreed that no one will llw in this d'~llin9 other than thos~ named below unlm prior ten appt ovat is 91wa by LandlonL ItELATtONSHIP 1. LEASED PRDAISES. Landlo~i leo~es to Tenant upon the terms and condltiora cantoned: 3. R~AL PAY~. T~t sh~ ~ ~ ~1o~ ~ ~ $ en~ month d~ng t~ 1~ ~ ~ ~e ~t o~ de~d ~ ~dlotd. ~y~t of ren~ s~ ~ t6 t~ ~ ad~ of ~ ~, or MON~ ORDE~ PAY~ ~ ~'~ ~' ~ ~ If ~a ~ of ~ I~e sh~l ~n on a ~ o~r ~an ~ first of ~ mon~, T~t sh~l t~ mon~y ~n~ on ~ beg~n~g ~. '~ ~n~ ~ s~ be appll~ to ~ follo~ ~ ~1~ of ~e lease ~ ~d sh~l ~ applied to ~t month's ~lord ~d T~t ague ~at ~ ~yment of ~e ~nt~ ~d ~do~n~ of all candi~o~ of ~ Ieee are of ~e ~n~ of ~ le~e. If ~ ~n~y ~n~ ah~l not ha~ ~en a~r ~ ~ (5~) of ~ ~nth ~en ~e rent~ s~ ~e ~een due~ ~ea T~t e~d late ~nt and m~ m ~ 1~ lo~ ~arge. ~ la~ cha~e shah come,ate ~ord shall be mad ~ ~ ~ of p~t. In t~ ~t ~) of ~flclent ~, ~coHemd ~, ~op ~ a~t d~ or ~y o~ r~or agrees to ~y ~d o ~ ~p~ss~g fee of $30.~. In ~e e~t ~ a mtmned time for any of ~ a~ re~ a $~.~ ~ ~ be ~ ~d due bom ~ T~t zes~ ~ g~ht t0 ~ ~ed ~, mo~ o~er, ~s ~ for ~e fut~ ~t any pe~o~ ~ b ~d f~ ~ r~m set fo~ ~eln. ~d~ ~e~ ~ t be deem~ ad~uo~ ~L ~ ~ T~ent ~oln~ any of ~ tern ~d ~n~om of t~ e~orce ~H~on of ~ en~e ~ b~ of ~ rent for ~ ~ term of ~ lease. sion of ~ ~d Pr~& T~t sh~l Pay to ~dlo~ n ~ ~ to ~ · ~n~'s rent (or $ ~ *~ )~ ~unt shall be held by ~ffioM £L ~nd ~s; sc,rarity deposit. 8clare landlord retum~ th~ s~cu~ty depo~t to t~ Tenunt: 1) Tenet ;h~ v~c~te the ~d Pr~es ~nd ~ndlerd ~h~l I~ th~ ~d P~e~ for d~9e; 2) ff.::~ shall haw comp~ed ~th ~]l Ieee ter~ ~n~o~ and ~les and r~aUom; and 3) Tenant sh, b~ve p~:ld in i~ ~ ren~, addi~onal ren~ end l~e ~s~ ~ ~y. ~ndlo~ m~ retain ~ ~ ny p~t of t~ Se~ty DepOt to relmb~ ~lo~ for ~y ~d all lo~, d~mnge and expe~e du TenonVs ~oloflon of ~e te~ ~d ~ndiUon;, or ~e~ ~d regulaUons of ~t~ ~dentin] ~e due to t~onpa~ent of ~nt, ad~Uon~ rent or late ~otoes, If any. If th~ oc~n paor to ~ minaUon, the ~ndlo~ m~ de.nd ~at ~e Tea~t replace ~e ~ount of ~ sanity dep~tl by ~e l~ndlo~. If ~ ~ndIo~ ~elb ~ pro~, ~e ~d)otd may ~;~fer ~ deposit to owne~ for the Ten~s ~neflt. ~ ~dlo~ ~U no,fy the Tenant of any sole and ~fer deposit. ~e ~rd ~1 t~n ~ rele~ of ~1 Uabi[lty to t~t~ ~e salty depmit, Ten~ acknowledges ~ot ~e Semflty Oeposit b not to be mad as p~yment of ~ l~t month's rent. 5. INABI~ OF ~D~RD TO GIVE POS~ION. If ~ndlord b unable to ~mfer po~ ~g ~'"r~ ~ begl~9 of ~ ~tden~ ~e, ~en ~e 6. ;PRIOR TO MO~-~. Pflor to mo~, T~t mint complete ~ Io~o~ng: 1. Comple~ ~d ~n ~e applic~on whl~ ~com~s ~ of th~ 2. Read, unde~tand, ~d ~lg~ th~ ~ree~nl and any applicable addend~. 3. ~y dl mon~s for rent~ semrlt% pr~ra~ and oddend~ ~gcs ~ indicate 4. lm~ ~th ~ ~ndlo~ ~i sp~lflc dweUlng ~u are ren~n$ tndica~n9 ~bflng co~lUo~ ~d signing and ~te ~ dupli~te lotto. Te~t ag~es to ~ow ~dlo~ at le~t fourte~ do~ ~om co~encement ~ Le~e iai ~y report or decora~ng agre~ to by ~ndlotd and T~ant, . 7. D~TRU~ION OF LE~ PR~, Tenet aha~ no~y ~ndlo~ ~ soon ~ poMlble ~g ~e or o~r 1~ ~ or about ~ ~med ~mhes. l~t a~ll no~(y ~dlord lmmedlatel any ~ce or wn~gon In or about ~e L~ Ptem~es whi~ threate~ the Ma~ed Pre~ or ~e pto~ at sdety of T~ant, ~ndlo~ or o~n. Ii ~e ~as~ Probes h p~ des~o~ by ~ or other co~uaty,'Ten~t ~hc have the fight and apron 1) to con.us to o~w ~ habl~ble po~on al the premhea, or 2) t ~nate ~ Re~tdenga] ~e absolutely ~d recel~ a refund of rent pdd ~r~gh the date al ~ ~ster oi poss,!~ion to ~dlo~. 8. ~iUR~ ~dlo~ ah~l t~re ~e s~re ~thin which ~ ~a~e~ Pre~i~ Is 1o ted [or fire and extended ~emge. T~t ~h~l Inmre T~an~s ~onal prope~y In or about the Le~ed T~ ~dlo~'s s~c~e l~ran~ do~ not co~r any d~ge to a Tenant or pro.ny oi ~ resident for ang rea~on, tnclu~g fire, w~ter leah, equipment f~ures, ~mo~, ele~ m~i~lon, or ~y ~e. ~D ~SI~ME~S. T~t ah~ not a~lgn ~ Residential Leoie o~ Into ~~~s m~n~ or suble~ by T~ ~out ~ s~ ola~ at ~esl~n~~ublease. any ~ consia*r~ ~o ~e a consent to ~y oth~ ass~en[ or 10. R~ OF ~ND~RD FROM ~8I~Y. ~dlo~ ~ not liable for ]o~, lnlury, or ~ to any pecan or properW u~,~ t~ Io~, InJu~ or d~age ~ ca~ by the Landio~'s lntentlo or hadley. ~cn~t sh~ repay ~o ~ndlord ~y ~ney s~nt by ~ndlord due to Tenant's inte~ an~ act or ~tc9]e~. Te~t ~ respo~lble ]or ~ lntenHo~l a~ or neglea of Ten~s iamlly, and o who use th~ ~ed Pre~.~ ~dlord sh~ not be ~able for ~y InJ~y or ~mage caused by ~tcr, rain, s~ or ica ~at lea~ or fl~s from what¢~r so.ce ln~o or ~ound the ~ased Prem~es o building wl~ w~ch ~ Leased Prem~es is located. ~eft, Ti~e Lanaiord Ls not responsible for an~ inconvenience or Interruption of servlce~ to .rep ,airs, Improvement,.or for any reason beyond the Landlord's control. Despite toconvedien lpterr uption di services, o Tenant r~ust sti)l pay rent, Il. USE AND OCCUP. hl,/C¥ OF LEASED PREMISE~. The kemed Premises may be used for ri dential purpuses only withent the prior written consent o! Landlani. Tenant shall occupy and u premaes In conformance with ali Federal, State and Local Laws, Regulations and Ordinances no, torte or that may be enacted In the i'uture, Tenant shall not store any flammable, hazardous, o~ substant:es at engage in oaf actlvlty in' or about the Le~ed Premises which substances or achvll expose ti'anent, Landlord, or others to a risk of Inlury, loss or damage. 12. RULES AND REGULATIONS. In uddltion to the terms and conditions in this Residenti, Lease, T,;nant shall be bound by Landlord's standard Rules and Regulatlom which ore o~ached t, this Leal;e. Landlord shall hove the right daring the terra oI this Lease to change or add to these Rules o. nd R~gulations provided that the purpose of any change or odditian gaall be to preserve Leased Premises Dad the quiet en)oyment of all the tenoras. No change or addition to the Rules a Regularil?ns shall become effective ~u~n.til.~?~t hat been provided with a written copy' os' the cho~ or oddec: Rules and Regulations by'lt'la-'ll~ h t a violation o! the Rules and Reguluti~u ~'hall be a violation of this ResldenUa[ Lease, Vlalati~ os' the Rules Dad Regulations by Tenant shall permit lxmdlord to exercL~e any and all remedies pr ed for in this Residential Lease, 13, !;UBORDINATION, This Residential Lease is subordinate to any and all mortgages and se ty interests thut are presengy on the property at that in the future ma), he on the property oS' whl, the Lea~ed Premises is a part. 14, (:ARE AND MAIIqTEN. MqCE OF LEK.IED PREMISE& Tenant shag ~e good care w~n us~ the ~ed Premise~ and all appliances, ~ur~ture (if appg~ble), fixates, and ~ hearthg, ~ndia and elf condltioding sy~te~ within the ~d Premiss. Tenet ~o ~aH axe.se go~ ca~ wh using any pan of the bulld~ng ~t~n ~l~ t~ ~med ~e~ses ~ lo~d. Tenant sh~ pay tar ~ repai~ to the La.ed Premhes, I~ cantered, or any p~peny of ~udlo~ m~ed by ~e lack of goo care by Tenant, ~n:~ff: f~!!;' m:~:= :~ T:::nr: ~..u. Upon ending of ~is Re~ldentl~ ~or any cause, Tenant ahdll ~ceably m~ender p~esslon of ~ ~med Pr~ae~ ~d 1~ con.au Landlord tn ~ good o~er and re.ir ~ a~ the ~g~ning o~ ~ Ieee te~, e~ept for re~o~ble we~r and tear. Tenant shall nobly ~dlo~ o~ any repots or the ~ed lot repaln withth'~e ~m Premises. Care of Property. Tenant is responsible for ~ping the apartment, cntryway, poti~ Dad grounds clean and neat at oJl times, .n:..~'_'a_!n.~ L~.: r-~¥~! ^~ .-^~ .~ma _teD. and in compliance with the Property Rules which are hereby made a port os' ~ lease, J:allure to live in harmony wltl' your neighbors in accordance with the attached rules and regulations os' the Property is [ustl/lable cause ,'or evictiom The Tenant must get the Landlord's prior written consent to alter, improve, paint o wallpaper the Apartment. Alterations, additions and improvements become the landlord's propen In the event that the Tenant installs contac; paper, ar any other wall or ceiling deco ~lan, os wag as carpet podding or carpet tacking, In upcu'tment, Tenant ogress to remove aich item ot Tenant's own cost and expense ut the explrotian os' this le~e term or any renewal theteotter. In the event ].andlord L~ required to remove the Items, the cost at same shall be deducted fi~om Tenant security deposit. 15. RI!N£WAL, The Landlord may offer the Tenant a new lease to toke effect at the end of this Lease. The new lense may thdude reasanoble changes. The Tenant will be ndtl/led os' any propose¢ new lease ,:~t least thirty days before the end of the present Leuss. Ii' no changes ate made, the Ten< may continue to rent the ^parrmenl on ct manth to month b~ais (with the rest of the Lease remainl! the same). In either c~e the Tenant must ndiity the Landlord of the Tenant's decision to stay at tc leave at leust thirty day,~ before the end of the term, otherwise the Tenant will be responsible under the terms of the new lease. 16, MOvE-OUT, Tenant agrees not ~o vacate the dwelling or rn~ve without permL~lon o! the Landlord, Tenant also ogress that any posse&stone remaining in the dwelling after a move-our or~ abandoned by Ten~nt~ and Tenant agrees to pay the cost al removal and disposal at these posses- Ten~.nt agrees to vacate fl~ dw~llln9 ut the end of the term, I~9 prope~ dean ond l~ 9ood o~er. Tenet ~grees to Join~y ~ the d~l]in9 Indica~n9 then ~n9 con~o~, slgu ~d da~ dupli~te f~rm. while ~ent B delinquent, ~ pr~es ~B be ~ldered ab~doned and ~e l~e~ate p~esalon of ~ dwe~ln9 unit. ~ T~ant ~ti no~ p~ted absen~ ~. ~ess o,~s, ~ I~ter ~an ~ fl~t day of ~ 1~. RIG~ O~ ~. ~ndlo~ and ~no~ ou~ofl~d by ~dlo~ shall haw tbe fight to enter the Le~ed ~at ~ ~onable ~ ~0 I~pe~, ~o~ ~n~, do re~a~ and show ~e premice~ to pros~ve ~n~ ~d p~er~. 18. ~ C~U$~ It is the respo~lbgRy of ~e Tenant to c~t ~ of aU ~l~lng areas in Tenants apn~nt. 19, UTIL1TIE$. Charges for utilities mid eetwtces supplied to the Leased Premises shoal be paid foLlows: The Landlord will pay for the following utilities: (X) eoldwater ( ) hotwater ( )electridty ( )heat ( )oar conditioning ( )gas The Tenant will pay for the fallowing utilities: ( ) coldwuter (X) hotv,~ter (X) electricity (x) heat (X) oirconddtionln9 ( )9as Landlord shall hm~e the right to temporarily suspend any utility or other services to the Leased Premises In order to do nmintenonce ~nd repair or protect the property of Landlord or Tenant from risk of harm or 20, REIVlIiDIE$. If Tenant fo~ to pay rent or any other charges when due~ or if Tenant v~oMtes any other t~rr~, condtilous, rules or regoaatious m this l~$idemioa ~use, ogoanst Tenant, In such a case, Landlord does'not hove to giw quit to Tenant be~ore tc~ing action. In such a c~e Landlord may t{~ any or gal of the following a) Terminate this Residential l~e without prior notice. b) Sue Tenant in churl to recover possession of the Leased Premises without giving Tenant prior Notice to ~uti the Lensed Premises. O Sue Tenant to recover the whole bo]once of ~ rent and charges owed for the remalnin9 lease term, d) Sue Tenant for all damages, including reasonable attorney's feesSresoatin9 from T=nant's violation of any terms, conditions, Leoce. landlord may seek one or more than one remedy contained in Ixmdlord's .~king of any action against Tenant shall not prewar Landlord from raking o~er and odditionoa actions against Tenant. Tenant agrees to'pay o fee in an ~nount equal tolone month's rent to cover cost: of refurbishing and renting the apartment if the Tenant moves out before the end of the lntttial period this Rentoa Agreement Landlord's failure to enlorce any term. condition, age or regulation shall not Landlord from enforcln§ the term, condltion~ rule and regulation at a later ~tme. 21. NO'I'lC~: OF TERMINATION. Tenant must give Landlord thirty (30) days written notice to vacate said 'grera~es with no,ce being given on or before the [oat day of the preceding month, 22. ATTORN£¥'$ FEES AMD COST~. If Landlord shoal enforce the provisions of this Lease tn an}' court against t~ Tenant, Landlord shall be entitled as part of any court }udgement to reimbursed for aU co$~ and expenses of enforcemem including reasonable attorney's fees ~n( to ta~ pri~te pro~ ~or public u~, Tair ~m~ns~tton m~t ~ ~ld. If all do~Jn, the J~ ~l ~note ~ to that ~ lo~n. ~ndl~d sha~ ~t be llobJe ~ 1~ for any clolms ~ Ten~t for Im of ~ al ~ or any ~ntoa o~ ~ ~Jed ~J (or tM bu~n9 wit: tn which the Le~ ~e~ae~ ti [oca~d) or ~cuu~ ~ ~Jdentl~ ~a~ h~ ~n a. NC)TICu. ~ ~Uc~ pt~ by th~ ~l m~t ~ ~Ren and deliria certified ~l], return r~lp~ r~u~t~, tNoticea to.~ ~ndlo~ ~ ~;o t~ ~ndlo~'a Z~. ADD~IONAL T~S. COND~IONS,'AIO~ AND ~ENDM~. ~b Yel ~- C~Ck.iR and ~t Pt~ur~ TENANT ~HOULD N~ ~IGN THI~ R~ID~NT~L Lt~ UN~L THE TENANT HAS R~AD AND UNDE~TAND~ THE INFOR~TION INCLUDED IN THE IU~RT~T NOTICE A~ED TO Landlord: RULL~ A~ RFGUL.L~-ION$ The Rules and Regulations Indlc~ted, tX) below ore pm't of the Residential Leo~e between Landlo~ Tenant. A violation of any of the Rules and Reguiatlom s a violation of the Leo~e and the port), violation shah be entitled to exercise any remedies provided tn the Lease. No alternate heoUng eources ouch as kerosene heater~ and space heaters shall b~ mitred to be operated within the Leo~ed PremLses without the prior consent In wrlti Landlord. The u~e of charcoal or flammable go~ grlll~ 1~ not permitted In the ~o~ed Preml~ ~y balcony, patio, or other common oreo on ~e pro~rty upon which the Premises ~ located. Tenant shall not place or permit to be placed or stored items on any window sills, or balconies. Tenant shall not hang laundry or othe~ Items from the balconies, wi and common ~reas. · No window treatment~,'ownlngs drapertes or umbra as aha]} be lnstalle~i In the Pre.ml~e~ without the prior consent in wrRlng of L~ndIord. Tenant shall observe 'quiet hour~· between the bourn ofl0P.h' o'clock and o~clock daily. ' ....... -No woterbed shall be permitted '*-[thin the Leo, sad Premiaes. Tenant shall not.lr~toll shelving, picture hooks, w~llpaper, point or alter in any wa features of the Leased Premtsea without the prior coraent in writing of Landlord. Tenant sho]} be reapon~lble for testing oll fire warning devices such o$ smoke date and fire alarms within the Leased Premises. Tenant shaft notify Landlord if an) w~'ning or fire abatement device L~ not lunctlonol. Tenant shall not disable, or pe to be disabled, any fire warning device or discharge any fire exUnguisher. Tenant shall not go upon the roof of the building within which the Leased Premli located and shall not enter on), area clearly designated os being closed to tenant~ other~. No radio or television reception devices ~uch as antennas and satellite dishes shal installed upon the Leased PremL~es or in the common area around the Le~ed Prerm Tenant shah not perndf the premises to be unoccupied for anger than ;4ve-(~ con ut~ve d~y~ without notifying the Landlord (or Landlord's designated agent), t - Tenant shall maintain the heat within the Leased 'Premise~ at a temperature no le~a $0 degrees during the winter period from November through April. NO alcoholic beverages shall be consumed In the common areas of the building grounds within which the Leased Premises is located. Tenant shall provide appropriate nonflammable containen for troth and rubbish shall keep the Leased PremL~e~ and. the common ore~ Iree from litter and rubb Tenant shall deposit ail trash and rubbish from Ihe Leased PremLses into the designa common waste disposal containers. Tenant shall become familiar with and o~erve ali posted security regulations and po~ted fire escape or evacuation tauten and ali fire exit~. Que~tlom concerning secu~ and fire procedures should be directed to Landlord (or Landlord'a designated re.c sentatlve) without deloy. ' That any space which may be pi'ovlded by the Landlord to accommodate the Tenant: the airing and drying of clothing is ~urnished gratullously by the Land]ord. The 'lena using the same for any purple do so at their risk. with the express stipulation and agr meat that the L~ndlord shoii not be liable for any loss of property thereon or fat and :,t in ;of on ~ed :he )rs Ire nit II~POR~ANT NOTICE .THIS PAGI~ ~XPLAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND DUTIES AS .~ 'EN- ).NT, 5PECIHC QUESTIONS ABOUT YOUR LEGALRIGHTS ) TO AN ATTORNEY. DO NOT SIGN THIS RI~.SIDL~ITIAL LEASI~ UNLESS YOU l~ UNDERSTAND THE INFORMATION ON THIS PAGE. A.~ Tenant, you ¥1olote the terntI and can~tions of this Residential Lease lf)'out: 1) Fo~I to m~tke timely payment of rent or other charges to the Landlord. 2) Vacate the Lensed Premises without the Landlord's consent prior to the of the lense term. Or, Fall to v~c~te the I. eased premlaes ,~t the end of the leore term. Or, 4) Fail to perform any of the o~llgatior~ included ~n the lense, rules and regulations, the riders or amendments. Or, $) Violate any Rules ar Regulations which are made a part of the Resident Lease. Paragraph 20 lnclude~ o waiver of "Notice to quit'. When 'Notice to C If you violate the Resldenticd Lense, the Landlord has the immediate right to file u complaint In seektna an order evtc~ng you~fmm ~ Lensed Premises. The Landlord DOI~S NOT have the ti I to bring on action in Court ~eeklng your eviction unleu you have violated ~ven though you ore wnivlng "Notice to Quit", you will still have on opportunity the validity of the Landlord's claim for evl~on. If you violot~ the terr~ and condtiions of the Residential Lease, the Landlord h the right to seek the following remedies ogatmt you in Court: 1) A }udgement for overdue rent, late charges and monetoO d by your v~olatton of the lease terms and condRIon$. 2) An Order for Recovery of l~ossesston through on e~ction actton. 3) A ludgement for unpaid rent for the balnnce of t~e lense term or until ¢ person rakes poase~lon of the Le~sed Premises as o new Tenant. A~OL~ AC~O~DGE~: I, ~ U~E~IGN~D TENANT(S)~ HAVE READ ~D UND[R~AND ~ ABOVE DISCLOSURE. TENANT Landlord: Tenant ($): Leased ~J'¢mlsea: PET PROHIBZT ON RIDILR Tenant(~) ~ha]l no! maintain or perrnl~ to be maintained upon the Leased PremL~es or o portion o~' the property of which the Leo~ed Prem[~e~ I~ o purl any anln~l~ or pet~ whatsoever v Ihe prior cmuem I, '.~'lUng. of ~he Landlord. Landlord: TENANT INITIAL~: Pg.2 Pg.3 PS.4 (X)p~L~seAddc~ " ~ Y~:"'~- -- ~ Pg.$ sl~n P&6 Pg,7 Exhibit B Date of Lease 6/8/01 5/25/01 5/25/01 5125101 6/15/01 6/15/01 6122/01 6/15/01 6/15/01 5/21/01 6/22/01 6/8/01 LEASES Monthly Premises Rent 1110 A-7 Yverdon Dr. Camp Hill, PA 17011 $ 620.00 1103 B-2 Yverdon Dr. Camp Hill, PA 17011 $ 620.00 1101 B-7 Yverdon Dr. Camp Hill, PA 17011 $ 650.00 1100 A-2 Yverdon Dr. Camp Hill, PA 17011 $ 650.00 1106 C-7 Yverdon Dr. Camp Hill, PA 17011 $ 650.00 1106 A-7 Yverdon Dr. Camp Hill, PA 17011 $ 650.00 1203 A-1 Yverdon Dr. Camp Hill, PA 17011 $ 610.00 251 A-2 E. Crestwood Dr. $ 610.00 Camp Hill, PA 17011 251 C-2 Yverdon Dr. Camp Hill, PA 17011 $ 610.00 1201 B-7 Yverdon Dr. Camp Hill, PA 17011 $ 610.00 253 A-7 E. Crestwood Dr. $ 650.00 Camp Hill, PA 17011 253 B-7 E. Crestwood Dr. $ 610.00 Camp Hill, PA 17011 1107 C-1 Yverdon Dr. Camp Hill, PA 17011 $ 620.00 Date of Terminat$oB 5/30/02 5/31/02 5/31/02 5/31/02 5/31/02 6/30/02 6/30/02 6/30/02 6/30/02 6/30/02 5/31/02 6/30/02 6/30/02 Exhibit C OUTSTANDING RENT and DAMAGES premises 1110 A-7 Yverdon Dr. Camp Hill, PA 17011 1103 B-2 Yverdon Dr. Camp Hill, PA 17011 1101 B-7 Yverdon Dr. Camp Hill, PA 17011 1100 A-2 Yverdon Dr. Camp Hill, PA 17011 1106 C-7 Yverdon Dr. Camp Hill, PA 17011 1106 A-7 Yverdon Dr. Camp Hill, PA 17011 1203 A-1 Yverdon Dr. Camp Hill, PA 17011 251 A-2 E. Crestwood Dr. Camp Hill, PA 17011 251 C-2 E. Crestwood Dr. Camp Hill, PA 17011 1201 B-7 Yverdon Dr. Camp Hill, PA 17011 253 A-7 E. Crestwood Dr. Camp Hill, PA 17011 253 B-7 E. Crestwood Dr. Camp Hill, PA 17011 1107 C-1 Yverdon Dr. Camp Hill, PA 17011 Outstanding rent throuqh Termination $ 3,100.00 $ 3,720.00 $ 3,900.00 $ 3,900.00 $ 3,900.00 $ 4,550.00 $ 4,270.00 $ 4,270.00 $ 4,270.00 $ 3,660.00 $ 3,900.00 $ 4,270.00 $ 4,340.00 $52,050.00 Damaqes $ 0 $ 135.00 $ 185.00 $ o $ 894.60 $1,231.00 $ 240.00 $1,104.00 $ 18o.00 $2,766.83 $ 235.00 $ 240.00 $ 280.00 $7,491.43 LEASE EXPIRATION DATE: DATE OF INSPECTION: CHECK OUT SHEET /1/O TE.A.T# /O~&n DATE VACATED: INSPECTED BY: TENANTS SIGNATURE: ~OR~',ARD,NG AD.RESS: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher Carpets Shades & Blinds Storm Windows Entrance Doors Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping DEDUCTIONS: Security Deposit with Interest: Date Requested Damages & Costs:. Security Returne~'--'-~ / \ Balance Due Landlord: Keys Returned ( _Yes ~,- No ,~-- OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher Carpets Shades & Blinds Storm Windows Entrance Doors Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping J~l-~' ~'"~q --~ IL~"~?[ Security Deposit wiJ;h Interest: Damages & Costs:~___r~_~'~,~'-~O Date Requested Balance Due Landlor~dr. / ~).~ qL ~ Security Returned Keys Returned ,~e~S ~ No CHECK OUT SHEET DATE OF .OT.CE: ql/~lO~ . ' DATE VACATED: LEABEEX.,RAT,ONDA;~: ~/.'~ Io~ .E,,,,M,,..~ET~ENT: TENANTS SIGNATURE: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator' ~"~.~i'\"j"?LA~'~ ~ ,"~(~ ~/!~ C~ Dishwasher '1 Carpets Shades & Blind~//~ ,~ .C~ Storm Windows Entrance Doors Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping Security Deposit with IQterest: ~(~ Date Requested. Damages & Costs: 1 '~ ~ ~ (. ,2, _), Security Returned_ Balance Due Landlord: (.~. ~) ~-~-~-- Keys Returned ~ No LC]. 4 CHECK OUT SHEET DATE OF NOTICE: 1' DATE OF INSPECTION: TENANT # DATE VACATED: NEW MARKET RENT: ''~ INSPECTED BY: TENANTS SIGNATURE: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom I Cabinets Bedroom 2 Fixtures Bathroom I Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher Carpets Shades & Blinds Storm Windows Entrance Doors Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping DEDUCTIONS: Security Deposit with Interest: . ~'~ Date Requested & Costs: Security Returne~V"- ~ Damages Balance Due Landlord: Keys Returned \ Yes ~ No OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom I Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher Carpets ~2i / ~'%'~1 ~'~5, Shades&Blinds Storm Windows Entrance Doors Air C°nditi°nerse Fire Extinguishers ~ pe.~t~c_t o.r$~ Hous,keeping } DEDUCTIONS I Security Deposit with~lpterest: ? Date Requested. Damages&Costs: ~_~' (~9-. f __ Security Returned Balance Due Landlord: ,f~i"z~ (.(,L~ ~_' '~t~.l~-~KeysReturned Yes No CHECK OUT SHEET TENANTS SIGNATURE: CHECK OUT SHEET 'EASE EXP,RAT,ON .ATE: DATE OF INSPECTION: TENANTS SIGNATURE: FORVVAR.ING A..RESS: ;~ q ~ C~_ APT. :ENANT# O ~ NEW MARKET RENT: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom I Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range (~t(:-\? '~'~ "~ y/ ,'~C:.~ Refrigerator Dishwasher {ir CoRdit~o~rs Fire Extinguishers ~moke Detectors Housekeeping ~l :~::J : }C~ "'--P?~c, R~,~{~ ,~.q,..%",n6- 1,4. I Security Deposit with Interest: ~ Date Requested. Damages& Cost~_ ~ ' ~_ Security Returned__ Balance Due Landlord: ¥~, ~~"ysReturned ~ No LCL CHECK OUT SHEET TENANT # DATE VACATED: FORWARDING ADDRESS: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom I Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher 3arpets Shades & Blinds Storm Windows Entrance Doors ~,ir Conditioners Fire Extinguishers ~moke Detectors Housekeeping ~/~L~- ,~, i ~lC~. Security Deposit with,Interest: ~ ~ Date Requested Damages & Costs:~ ~.C~ Security Returned Balance Due Landlord: Keys Returned ~ No TENANT NAM E: DATE OF NOTICE: LEASE EXPIRATION DATE: DATE OF INSPECTION: TENANTS SIGNATURE: CHECK OUT SHEET TENANT, NEW MARKET RENT: INSPECTED BY: ********************************************* OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range ~¥~ ~ ~'~1~< ~t~. Refrigerator . ~.. · ~F' Dishwasher C a r p e t s ~L("~_C~L(/1~'3~- ~'l / (z~ / '" {~(,_0~"-)', Shades & Blinds d2~ (~ ',1~ ~'~. (~. Storm Windows/'~,,-JJ Entrance Doors Air Conditioners Fire Extinguishers _ , Smoke Detectors Housekeeping DEDUCTIONS', Security Deposit with_lnt~r..~t' (~ Date Requested Damages & Cost~: l !('""~ 0~, Security Returned. Balance DueLandlord: I/~'L),C"~ ~'~'~'-'- Keys Returned Yes No LC[, DATE OF INSPECTION: CHECK OUT SHEET BLDG."APT." TENA.T# DATE VACATED: NEW MARKET RENT: INSPECTED BY: TENANTS SIGNATURE: OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom I Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls Windows & Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator Dishwasher Carpets Shades & Blinds Storm Windows Entrance Doors Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping Security Deposit with Interest: Damages & Costs: Balance Due Landlord: Date Requested Security Returned Keys Returned y~) No I. CIL, CHECK OUT SHEET B'DG. # APT, # IZOl S"7 TENANT # DATE OF NOTICE: (~1 j~ I0 I DATE VACATED: LEASE EXPIRATION DATE: ~/~-~O ]0~-. NEW MARKET RENT: DATE OF INSPECTION: ~l/l~OJ ~ '~l/~j~)l INSPECTEDBY:~I~_~[~ TENANTS SIGNATURE: FORWARDING ADDRESS: (;~::~'~ C~)X ~---¢~. j h4 - [¢. ~{ ~..~- OK NOT OK OK NOT OK L-~ng Room ~'~1214~-¢'~ [Jg i+~ ~o~ Counter Tops Dining Room Vanity & Sinks Kitchen ~ ~O.°° Kitchen Tile Bedroom 1 Cabinets ~(~d Bedroom 2 Fixtures Bathroom 1 Bathroom 2 Walls ~ ~ i n~ ~[I j~.oo Windows&Screens Bathroom Tile Toilet & Seat Tub & Shower Rods Medicine Cabinet Oven Range Refrigerator ~ pl~ ~0~.~° Dishwasher Carpets ~O~. ~ ~ ;~ ~,~ Shades & Blinds Storm Windows Entrance Doors ~' I~ ~'~ Air Conditioners Fire Extinguishers Smoke Detectors Housekeeping Security Deposit wj~ Interest: ,~ Date Requested Damages & Costs:~',.~] 7~)~, <:~ Security Returned Balance Due Landlor ' .a~ -7~ (.iff, ~ ,-~ ~i~l[.L~ "~r~'~. Keys Returned Yes No LC[. DATE OF NOTICE: '7't LEASE EXPIRATION DATE: DATE OF INSPECTION: TENANTS SIGNATURE: FORWARDING ADDRESS: CHECK OUT SHEET APT.# (~'~-~ TE.A.T # NEW MARKET RENT: OK NOT OK OK NOT OK _iving Room Counter Tops ;)ining Room Vanity & Sinks (itchen Kitchen Tile 3edroom 1 Cabinets 3edroom 2 Fixtures ~athroom 1 Bathroom 2 Nails Windows & Screens ~athroom Tile Toilet & Seat rub & Shower Rods Medicine Cabinet ~)ven Range :lefrigerator Dishwasher 3arpets Shades & Blinds~('~'L~' ~,~O, ~"~(~'} .~. .~torm Windows Entrance Doors ~ ~,ir Conditioners Fire Extinguishers Bmoke Detectors Housekeeping '~'~'~,~l ~ }{~""~ Security Deposit w~h Interest: e.~ Date Requested Damages& Costs:~35. Security Returned Balance Due Landlord: r-~--~ ,~,-~)- 'q'~')(~ I'~' Keys Ret u r n ed Yes No LC[, CHECK OUT SHEET TENANT NAME: R ~[~ ~ TENANT, '~ /O DATE OF,CT,CE= Q / If'/©\ . DATE VAOA'rED= . ******************************************** OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks Kitchen Kitchen Tile Bedroom 1 Cabinets Bedroom 2 Fixtures Bathroom 1 Bathroom 2 ~Nalls Windows & Screens Bathroom Tile Toilet & Seat rub & Shower Rods Medicine Cabinet 3van Range Refrigerator Dishwasher 3arpets Shades & Blinds -~torm Windows Entrance Doors ~,ir Conditioners Fire Extinguishers ~moke Detectors Housekeeping ¢ ~F~ k,, J ~' I (~i'- DEDUCTIONS: Security Deposit with Interest: ~ Date Requested_ Damages & Costs~. ~H O r Security Returned Balance Due Landlord:L-~'~O 'il- ~(-~% Keys Returned Yes No l.C---~''~ CHECK OUT SHEET DA,EOFNOT,OE= 'q/le/o/ ~ · EASE E×P,RATION DATE: ~ Ilblo~ DATE OF INSPECTION: INSPECTED BY: TENANT, ~ DATE VACATED: NEW MARKET RENT: ;~ 6 ,~O TENANTS SIGNATURE: FORWARDING ADDRESS: ~0~ OK NOT OK OK NOT OK Living Room Counter Tops Dining Room Vanity & Sinks ~itchen Kitchen Tile =~edroom 1 Cabi net s "~>/~k ~'{ ~ ~ ~)?~ ~edroom 2 Fixtures :tathroom I Bathroom 2 Nails Windows & Screens 9athroom Tile Toilet & Seat rub & Shower Rods Medicine Cabinet 3ven Range i"~,0 ~ ~'K..~.OC :{efrigerator Dishwasher 3arpets Shades & Blinds ~torm Windows Entrance Doors ~,ir Conditioners Fire Extinguishers Smoke Detectors Housekeeping V/ '~[/'~"]~ Security Deposit witl~lnterest: __~ Date Requested Damages & Costs: ~/('~-~: Security Returned Balance Due Landlord: Keys Returned Yes No Exhibit D TEN (10%) PERCENT LATE CHARGES Premises 1110 A-7 Yverdon Dr. Camp Hill, PA 17011 1103 B-2 Yverdon Dr. Camp Hill, PA 17011 1101 B-7 Yverdon Dr. Camp Hill, PA 17011 1100 A-2 Yverdon Dr. Camp Hill, PA 17011 1106 C-7 Yverdon Dr. Camp Hill, PA 17011 1106 A-7 Yverdon Dr. Camp Hill, PA 17011 1203 A-1 Yverdon Dr. Camp Hill, PA 17011 251 A-2 E. Crestwood Dr. Camp Hill, PA 17011 251 C-2 E. Crestwood Dr. Camp Hill, PA 17011 1201 B-7 Yverdon Dr. Camp Hill, PA 17011 253 A-7 E. Crestwood Dr. Camp Hill, PA 17011 253 B-7 E. Crestwood Dr. Camp Hill, PA 17011 1107 C-1 Yverdon Dr. Camp Hill, PA 17011 10% $ 31o.oo $ 372.00 $ 390.00 $ 390.00 $ 390.00 $ 455.0o $ 427.00 $ 427.00 $ 427.00 $ 366.00 $ 390.00 $ 427.00 $ 434.00 $5,205.00 Exhibit E ATTORNEY'S FEES 1110 A-7 Yverdon Dr. Camp Hill, PA 17011 1103 B-2 Yverdon Dr. Camp Hill, PA 17011 1101 B-7 Yverdon Dr. Camp Hill, PA 17011 1100 A-2 Yverdon Dr. Camp Hill, PA 17011 1106 C-7 Yverdon Dr. Camp Hill, PA 17011 1106 A-7 Yverdon Dr. Camp Hill, PA 17011 1203 A-1 Yverdon Dr. Camp Hill, PA 17011 251 A-2 E. Crestwood Dr. Camp Hill, PA 17011 251 C-2 E. Crestwood Dr. camp Hill, PA 17011 1201 B-7 Yverdon Dr. Camp Hill, PA 17011 253 A-7 E. Crestwood Dr. Camp Hill, PA 17011 253 B-7 E. Crestwood Dr. Camp Hill, PA 17011 1107 C-1 Yverdon Dr. Camp Hill, PA 17011 Attorney's Fees 620.00 620.00 65O.OO 650.00 650.00 650.00 610.00 610.00 610.00 610.00 $ 650.00 $ 610.00 $8,160.00 Exhibit F UTILITIES 1103 B-2 Yverdon Dr. Camp Hill, PA 17011 1106 A-7 Yverdon Dr. Camp Hill, PA 17011 1203 A-1 Yverdon Dr. Camp Hill, PA 17011 1201 B-7 Yverdon Dr. Camp Hill, PA 17011 253 B-7 E. Crestwood Dr. Camp Hill, PA 17011 1107 C-1 Yverdon Dr. Camp Hill, PA 17011 $177.71 $ 69.12 $ 53.33 $ 78.26 $ 71.19 $562.32 Attomey for Defendants 320 Market Street Strawbeny Square P. O. Box 1268 (717) 234-4161 LCL INCOME PROPERTIES, L.P. II, ffd/b/a BUNKER ASSOCIATES, Plaintiff V. RONELL MANAGED SERVICES, LLC, t/d/b/a R & N MANAGEMENT, RONELL INDUSTRIES, and R & N PROPERTIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-954 CIVIL ACTION - LAW NOTICE TO PLEAD To~ LCL Income Properties, L.P. II t/d/b/a Bunker Associates Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 You are hereby notified to plead to the within Defendant's Preliminary Objections to the Complaint within twenty (20) days of receipt hereo£ Respectfully submitted, GOLD~]~G, KATZMAN & SHIPMAN, P.C. ~Attomey I.D. No. 75897 320 M~ket Stroa, Strawbe~ Square P.O. Box 1268 Ha~isb~g, PA 17108-1268 Telephone: (717) 234-4161 Attomoy for Defenders Steven E. Grubb, Esquire I.D,# 75897 Altorney for Defendants Stnawbeny Square P. O. Box 1268 Ha~sburg, pA 17108-~268 (717) 234-4161 LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, Plaintiff RONELL MANAGED SERVICES, LLC, t/d/b/a R & N MANAGEMENT, RONELL INDUSTRIES, and R & N PROPERTIES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-954 CIVIL ACTION - LAW DEFENDANTS PRE!,~MINARY OBJECTIONS TO THE COMPLAINT Defendant, Ronell Managed Services, LLC, by and through its counsel, Goldberg, Katzman & Shipman, P.C., state the following in support of these Preliminary Objections to Plaintiff's Complaint: 1. Defendant, according to the Complaint, is Ronell Managed Services, LLC, t/dfo/a R & N Management, Ronell Industries and R & N Properties. 2. The Complaint, with all allegations of the Complaint being taken as true, seeks damages in the amount of $73,468.75, plus costs and interest, based on purported breaches of lease agreements which are attached as Exhibit "A" to the Complaint~ 3. The leases are referred to in paragraph 5 of the ten paragraph Complaint, and are the sole and exclusive contractual basis for the action maintained by Plaintiffs. 4. The leases name as parties, "LCL Management as agents for Bunker Associates/Bunker Hill Apartments" as landlord and "R & N Property Management" as tenant. 5. All portions of the lease, including the signature blocks of the leases, indicate the tenant as R & N Property Management. 6. Nowhere in the lease agreement is Ronell Managed Services, LLC, fid/b/a/R & N Management, Ronell Industries, or R & N Properties listed as a party, to the lease agreement. OBJECTION I ~ DEMURRER 7. The allegations of paragraphs 1-6 are incorporated by reference as if set out in full. 8. In order for a Defendant to be liable in a breach of contract action, the Defendant must be party to a contract. 9. The allegations of the Complaint, including the exhibits attached thereto, do not identify the named Defendant as a party to the leases, which form the only basis of the claim raised in the Complaint. Named Defendants cannot be held liable for a breach of contract to which they are 10. not a party. 11. The party to the lease, R & N Property Management, is a New Jersey LLC as reflected in the affidavit attached hereto as Exhibit A, from counsel who formed R & N Property Management. 12. A sealed Certificate of Good Standing has been applied for, but did not arrive as of the filing of this pleading. The Certificate will be attached immediately upon receipt by undersigned counsel. WHEREFORE, since Plaintiff's Complaint fails to state a cause of action for breach of contract against a party which is a party to the contract, Plaintiff's Complaint should be dismissed for legal insufficiency, per Pa.R.C.P. 1028 (a)(4). 13. full. 14. Company. 15. OBJECTION II - LACK OF PERSONAL JURISDICTION The allegations of paragraphs 1-12 are incorporated by reference as if set out in Ronell Managed Services, LLC ("RMS") is a New Jersey Limited Liability RMS does not operate, in any jurisdiction, under the fictitious names of"R & N Management; Ronell Industries, or R & N Properties." 16. RMS does not conduct business in the Commonwealth of Pennsylvania, and is not involved in the dispute now raised in the Complaint. 17. RMS acts as a holding company, for several different businesses, but does no business in the Commonwealth of Pennsylvania. 18. Since RMS has not availed itself to the jurisdiction of this Commonwealth, this court lacks personal jurisdiction and, thus, the Complaint versus RMS must be dismissed. WHEREFORE, pursuant to Pa.R.C.P. 1028 (a) (1) this court should dismiss this action against RMS for lack of personal jurisdiction. 3 19. out in full. 20. OBJECTION m - FAILURE TO JOIN AN INDISPENSABLE PARTY The allegations of paragraphs 1 through 18 are incorporated by reference as if set Plalntiffhas failed to join as a party the actual comracting party whose name appears on the lease agreements, that being R & N Property Management. 21. A party cannot be held liable for breach of contract if it is not a party to a contract. 22. Since the contract in this case involves R & N Property Management, this case cannot proceed without the joinder ofR & N Property Management as an indispensable party. WHEREFORE, it is respectfully requested that the Complaint be dismissed for failure to join an indispensable party, pursuant to 1028 (a)(5). Date: 3/25/02 76705 Respectfully submitted, GOL~RG, KA~,TZMAN & SI~IPMAN, P.C. By: ~-/~~ "St~,~n ~.. ~bb, Esqa~e ~ Mtomey I.D No. 75897 320 M~ket Street, Strawbe~ Squ~e P.O. Box 1268 H~fisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defend~ts Exhibit A State of New Jersey : ; County of Essex : I, Kelly Mack Carey, Esq. of full age certify as follows: 1. I am an associate with the law firm of Post, Polak, Goodsell, MacNeill & Strauchler, P.A., 425 Eagle Rock Avenue, Roseland, New Jersey, corporate counsel for R&N Property Management, LLC ("R&N'). 2. I make this certification for the sole purpose of verifying that R&N is a registered New Jersey limited liability company. 3. Attached hereto and made a part hereof is a copy of the Certificate of Formation of R&N filed with the New Jersey Treasurer's Office. 4. On March 18, 2002, I ordered a certified copy of the Certificate of Formation and a Certificate of Good Standing for R&N from the New Jersey Department of the Treasury, as of the date of this writing the documents have not been received from the Treasurer's Office. I certify that the above statements are tree to the best of my knowledge and I understand that if any of the above are willfully false that I am subject to punishment. Dated: March 22, 2002 Mack Carey, Esq. On the ~day of March 2002 Kelly Mack Carey, personally and who business address is 425 Eagle Rock Avenue, Roseland, New Jersey, came before me and stated to my satisfaction that she signed the above. otary ('~ BARBARA K. fiARCIA A Notary Public of New Jersey ./ }~:mOMEa~ncmunk~- mn ^~.Ooc My Commission Expires Aug. 219~,./~t SOS DC~ CORP FILI~. .CErTIFiCATE OF FoRMATION OF RaN pROp~TY MANAgeMeNT, LLC ed an au=~oriZed person, fo,r .=he ur ese - - ---ts of che law~ of =he Stac~ oE New i~en~iE~ed an~ re~eA~=~ -- Company AC=" ): ~ The name O[ =he 'li~=e~ li~ili=Y co,any is R~ PROP~ ~~" LLC of =he registered'office is c/o post, New Jersey u-~--, ___. 4S Joh~ N. POS~, m~¼., ' .... ---~ ~ew lot ~arvice o:_~?~==%.~., 7~ Livings=on Avenue,. ~ou=-~.~, - . ~oodmell a MacNex~, 'T~IItD= IN wZTN~$S wI~OF, ~his executed this .24=h day.of june, 1999. Au~ho~ize~ pe~son The limiued .liability co~pany is ~o have "perPetual Certi~ica~a'of'For~a~i°n has been CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the following via First Class Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 Date: 3/25/02 GOLDBERG,,~ATZMAN & SHIPMAN, P.C. Attorney I. D. No. 75897 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants Steven E. Gmbb, Esquire kD.# 75897 Attorney for Defendants 320 Market Street I-lanisb~rg, PA 17108-1268 (717) 234-4161 LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, Plaintiff RONELL MANAGED SERVICES, LLC, t/d/b/a R & N MANAGEMENT, RONELL INDUSTR~S, and R & N PROPERTIES, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-954 CIVIL ACTION - LAW ADDENDUM TO PREIJMINARY OBJECTIONS Defendants, Ronell Managed Services, LLC, t/b/Wa R & N Management, Ronell Industries, and R & N Properties, hereby supplement the Preliminary Objections filed March 25, 2002 as follows: 1. Defendant filed Preliminary Objections to the Complaint on March 25, 2002. 2. As part of the Preliminary Objections, reference was made to the fact that R & N Property Management, signatory to the Lease Agreements upon which Plaintiff's claim is based, was a separate and distinct entity, and thus the proper party to the breach of contract action brought by Plaintiffs. 3. An Affidavit from counsel for R & N Property Management was presented in support of this fact. 4. Sealed copies of the official State of New Jersey records indicating the existence of this entity were not available at the time of the writing but have since become available and are attached hereto as Exhibit "A." 5. It is respectfully requested that these sealed documents be considered, and the Court take judicial notice of their authenticity, for the proposition that R & N Property Management is a New Jersey limited liability company in good standing. WHEREFORE, it is respectfully requested that Defendant's filing be amended by the supplementations contained herein, with all the remaining allegations contained in the Preliminary Objections remaining the same. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ~~~ St~n E. Grubb, E~'quir[ Attorney I.D. No. 75897 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants 77240 2 Exhibit A STATE OF NEW JERSEY DEPARTMENT OF TREASURY SHORT FORM STANDING R&N PROPERTY MANAGEMENT, LLC of I, the Treasurer of the State New Jersey, do hereby certify that the above-named New Jersey Domestic Limited Liability Company was registered by this office on June 24, 1999. As of the date of this certificate, said business continues as an active business in good standing in the State of New Jersey, and its Annual Reports are current. I further certify that the registered agent and registered office are: John N Post Esquire C/O Post Polak Et Al 7 Becker Farm Road Roseland, NJ 07068 Continued on next page... STATE OF NEW JERSEY DEPARTMENT OF TREASURY SHORT FORM STANDING R&N PROPERTY MANAGEMENT, LLC iN TESTIMONY WHEREOF, I have ~ hereunto set my hand and ~ affixed my Official Seal ~ at Trenton, this ~ 19th day of March, 2002 John E McCormac, CPA State Treasurer DEPARTMENT OF TREASURY FILING CER~FI~ON (CER~FIED CO~ RON PROPER~ L the Treasur~ oft~ do h~e~ c~ti~, d~ did fil e and record in this artm~t listed document(s) and tree c~ of CERTIFICATE OF FO~TION as t~ sa~ ori~mt¢) filed in this office on forth on each instrum~t and now r~ining on file and of record in mg office. ~nto 2~h lohn State Tr~ur~ CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the following via First Class Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Richard S. Friedman, Esquire FRIEDMAN & KING, P.C. 600 North Second Street Penthouse Suite P.O. Box 984 Harrisburg, PA 17108 Date: GOLDBERG, I~TZMAN & SHIPMAN, P.C. By~ .... . Attorney I. D. No. 75897 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be ~tten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pl-mme list th~ within matter for th~ next Arg~nent Court. CAPTION OF CASE (entir~ caption n~st be stated in f~ll ] ) LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, RONELL MANAGED SERVICES, LLC, t/d/b/a R ~ N MANAGEMENT, RONELL INDUSTRIES, and R & N PROPERTIES, (plaintiff) ( Defe~mnt ) NO. 02-954 Civil 19 State matter to be argued (i.e., plaintiff's motio~ for newtrlml, defendant's d~m~r to cu,~lmint, etc.): Defendant's Preliminary Objections to Complaint 2. Identify counsel who ~,~11 argue case: (a) for p]sintiff: Richard S. Friedman, Esquire ~reSS: Friedman & King, P.C. 600 North Second Street Penthouse Suite, P.O. Box 984, Harrisburg, PA 17108 (b) for defex~lmnt: Steven E. G~ubb, Esquire ;~¥h-~ss:Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 I w~ll notify ~ll Darties in writing within t~o days that this ~e has been llmted for ~t. 4. ~t~ ~te: May 22, 2002/~ ~torney for Defen~fnts PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and m,~itted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ] i~t the within matter for the next ;~t Couat. CAPTION OF CASE (entire caption must be stated in D,11) LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNI~R ASSOCIATES, RONELL MANAG~ SERVICES, LLC, t/d/b/a R & N NANAGEMENT, RONELL INDUSTRIES, and R & N PROPERTIES, ( p] ~i ntiff) ( Deferment ) No. 02-954 Civil ~ 2002 State matter to be arc3ued (i.e., plaintiff's motion for new trial, defendant's d~mirre_r to c~,%,]alnt, etc.): Defendant's Preliminary Objections to Complaint 2. Identify counsel who will argue case: 0 (a) for plaintiff: Richard S. Frte~n, Esquire Address: FRIEDMAN & KING, P.C. 600 North Second Street, Penthouse Suite P.O. Box 984, Harrisburg, PA 17108 (b) for defendant: Steven E. Grubb, Esquire ;U~esS:GOLDBERG, KATZNAN & SHIPNAN, P.C. 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 I will notify all parties in writing within t~o days that this case has ~'c~n I i-~ted for arc3anent. 4. Arc3~nent Court Date: /007 August 29, 2002 5 ~ 20. LCL Income Properties, L.P. II, t/dgo/a Bunker Associates V Ronell Managed Services, LLC, t/dgo/a R&N Management, Ronell Industries, and R&N Properties IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-0954 CIVIL TERM ORDER OF COURT AND NOW, May 23, 2002, by agreement of counsel, the above-captioned matter is continued from the May 22, 2002 Argument Court list. Counsel is directed to relist the case when ready. ,t6dchard S. Friedman, Esquire For the Plaintiff /Steven E. Gmbb, Esquire For the Defendant Court Administrator By the Court, ld LCL INCOME PROPERTIES, L.P. II, d.b.a. BUNKER ASSOCIATES Plaintiff V. Ronell Managed Services, LLC t/d/b/a R&N Management, et al Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO..~.v~,-.,95 Civil Term · CIVIL ACTION - LAW PRAECIPE FOR DISCONTINUANCE Pursuant to Pennsylvania Rule of Civil Procedure 229, please mark the above captioned case as voluntarily discontinued, without prejudice, as to all Defendants. Rich/ard S. Friedman, Esquire 60t0 N. Second Street P6nthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Attorney for Plaintiff LCL INCOME PROPERTIES, L.P. II, d.b.a. BUNKER ASSOCIATES Plaintiff V. Ronell Managed Services, LLC tJd/b/a R&N Management, et al Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-395 Civil Temi · CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on August 27, 2002, I served a copy of the within Praeeipe for Discontinuance, by having it faxed to Steven Gmbb, Esq., attorney for the Defendant ~ 234-6808; and mailing same, postage pre-paid, to 320 Market Square, Harrisburg, PA on August 27, 2002. Richard S./F/fiedman, Esquire 600 N. SeCond Street Penthou,¥e Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sukmitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please l i~t th~ within matter f~r the next ~t Court. CAPTION OF CASE (entir~ caption must be stated in full) LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES,. RONELL MANAGED SERVICES, LLC, t/d/b/a R & N MANAGEMENT, RONELL INDUSTRIES, and R & N PROPERTIES, ( PI ~ ntiff) ( Defea~ant ) No. 02-954 Civil 19 State matter robe argued (i.e., plaintiff's motion for new tr~m], defendant's cl~m~rr~r to cc~p]mint, etc.): Defendant's Preliminary Objections to the Amended Complaint 2. Identify counsel whow~]] argue case: (a) f~rp]~intiff: John F. King, Esquire ~l,e~S: Friedman & King, P.C. ~J00 Not.th Second Street Penthouse Suite, P.O. Box 984, Harrisburg, PA 17108 (b) for defendant: Steven E. Grubb, Esquire Address: Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-].268 3. I w~11 notify~11 l~arties in writingwithin t~days that this case has been l(mted for~t. 4. ~t Court ~ate: May 21, 2003 LCL INCOME PROPERTIES, L.P. II, t/d/b/a BUNKER ASSOCIATES, Plaintiff RONELL MANAGED SERVICES, LLC, ffdPo/a R & N MANAGEMENT, et al Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-954 CIVIL ACTION - LAW PRAECIPE FOR REMOVAL FROM ARGUMENT COURT LIST Please remove the above captioned case from the May Axgument Court List. GOLDBERQ~f~ATZMAN & SHIPMAN, P.C. Steven E. Cambb?l~-~uire Attorney I.D. # 75897 320 Marke, t Street P.O. Box 1.268 Harrisburg;, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendants