RESIDENTIAL LEASE/RENTAL AGREEME

RESIDENTIAL LEASE/RENTAL AGREEMENT

This agreement made this_____day of (mo.) __________ (yr.) ______ is between ________________________ (hereinafter called Landlord) and ________________________ ________________________ (hereinafter called Tenant).

SS#________________________________________ Driv. Lic No: ___________________________________

Cell _______________________________________

Tenant(s) name(s) _______________________________ _________________________________

__________________________________ _________________________________

Only the above people named shall live in the house. No other people shall be added without landlords written approval.

The Landlord agrees to rent to the Tenant the following described property: For the House, the Shop next to the garage, the Open Shed next to the garage, BUT NOT THE GARAGE itself with the address of _____________________ located in Bismarck, Arkansas, to be used solely as a private dwelling and not otherwise, to commence upon the signing of this instrument and month to month hereafter.

Rent is payable monthly, in advance, at a rate of ____________ dollars ($_________), per month, during the term of this agreement on the first day of each month at the office of the Landlord or at such other place the Landlord may designate. Tenant agrees to pay $40.00 for each dishonored check. A personal check will not be accepted as payment to replace a returned payment. If the rent or any other charges are not received by the Landlord on or before the 1^st day of the month, Tenant must pay a late fee of $10.00 per day the rent is late in addition to the rent.

If the rent called for in paragraph 4 hereof has not been paid by the fifteenth (15) of the month, then the Landlord shall automatically and immediately have the right to take out a Dispossessory Warrant and have the Tenant, his/her family and possessions evicted from the premises. Both civil and criminal processes will start at that time.

The Landlord acknowledges receipt of ___________ dollars ($________), as a deposit to indemnify owner against damage to the property and for Tenant(s) fulfillment of the conditions of this agreement. Deposit will be returned to the Tenant(s) thirty (30) days after the residence is vacated if:

Lease term has expired or agreement has been terminated by both parties; and

All monies due Landlord by Tenant has been paid; and

Residence is not damaged and is left in its original condition, normal wear and tear expected, and

Landlord is in receipt of copy of paid final bills on all utilities (including propane, gas, electric, water,

garbage, telephone, etc.)

Deposit will not be returned if Tenant leaves before lease time is completed. Deposit may be applied by Landlord to satisfy all or part of Tenant(s) obligations and such act shall not prevent Landlord from

claiming damages in excess of the deposit. Tenant(s) may not apply the deposit to any of the rent payment.

The following funds are due on or before the signing of this Lease Agreement unless otherwise agreed to:

First months rent ____________

Last month rent ____________

Security Deposit $500.00 (R)__

Carpet Cleaning $200.00 (NR)_

Amount of Propane in Tank. $___________ Gallons ______________

TOTAL DUE ____________

Rent will continue until lot is cleaned by Tenant and inspected by management. Tenant understands that the Landlord has 30 days to refund security deposit. Carpet cleaning is non-refundable.

If the Propane in the tank is paid for when the agreement is signed. The landlord may refund the propane level amount to the tenant when the tenant leaves if all of the rents and deposits and damage rules are met to the landlords satisfaction. This is assuming the tenant leaves the propane level at the same level as when they moved in the house.

It is the intent of both parties that this lease is for a period of ________ months and that the last month’s rent will apply only to the last month of the lease period. Should this lease be breached by the Tenant(s), both the last month’s rent and the indemnification deposit shall be forfeited as liquidated damages and the resident will owe rent through the last day of occupancy. If at the end of the twelve month period the lease is not re-written, then this lease shall continue on a month-to-month basis with all the terms of this lease contuing.

The Tenant(s) may not sublet the residence or assign this lease without written consent of the Landlord.

The Landlord, having received and reviewed a credit application filled out by the Tenant(s), and the Landlord having relied upon the representations and statements made therein as being true and correct, has agreed to enter into this rental agreement with the Tenant(s). Tenant(s) and Landlord agree the credit application the Tenant(s) filled out when making application to rent said residence is hereby incorporated by reference and made a part of the rental agreement. Tenant(s) further agrees if he/she has falsified any statement on said application, Landlord has the right to terminate rental agreement immediately, and further agrees the Landlords shall be entitled to keep any security deposit and any prepaid rent as liquidated damages. Tenant(s) further agrees, in event Landlord exercises its option to terminate rental agreement, Tenant(s) will remove him/herself, his/her family, and possessions from the premises within 24 hours of notification from Landlord of the termination of the lease. Tenant(s) further agrees to indemnify Landlord for any damages to property of Landlord including, but limited to, the cost of making residence suitable for renting to another Tenant, and waives any right of “set off” for the security deposit and prepaid rent which was forfeited as liquidated damages.

If the residence becomes uninhabitable by reason of fire, explosion, or by other casualty, Landlord may, at its option, terminate rental agreement or repair damages within 30 days. If Landlord does not do repairs within this time or if building if fully destroyed, the rental agreement hereby created is terminated. If Landlord elects to repair damage, rent shall be abated and prorated from the date of the fire, explosion, or other casualty to the date of reoccupancy, providing during repairs, Tenant(s) has vacated and removed Tenant’s possessions as required by Landlord. The date of reoccupancy shall be the date of notice that residence is ready for reoccupancy. If the landlord should sell the residence, then the tenant shall be given 45 more days notice to move.

Tenant(s) shall deliver possession of residence in good order and repair to Landlord upon termination or expiration of this agreement. A first and last month rent basis means:

You are paying for the first month before you move in. The rent is then payable on the first of each time period before you use up the rent.

The last month means you are giving notice that you will be moving, and the landlord is honoring that notice on any month the rent is 5 days late. That month the rent is 5 days late means you are excercising the last month of your term. It is also your 30 day notice before you must be off of the property and it is your official notice of ev iction. It also means you have accepted any notice of eviction at that date. You will then hold the landlord harmless for any and all means to remove you from the property. If an eviction of any nature is necessary, the landlord may apply the rules under either the State of Wyoming or the State of Arkansas whichever is the best advantage to the landlord.

Animals, birds, or pets of any kind shall not be permitted inside the residential unit or on the premises at any time unless the prior written approval of the Landlord has been obtained.

Tenant(s) releases Landlord from liability for and agrees to indemnify Landlord against losses, incurred by Landlord as a result of
(a) Tenant’s failure to fulfill any condition of this agreement;
(b) any damage or injury happening in or about residence or premises to Tenant’s invitees or licensees or such person’s property;
(c) Tenant’s failure to comply with any requirements imposed by any governmental authority; and
(d) any judgment, lien, or other encumbrance filed against residence as a result of Tenant’s action.

Failure of Landlord to insist upon compliance with the terms of this agreement shall not constitute a waiver of any violation.

All remedies under this agreement or by law or equity shall be cumulative. If a suit for any breach of this agreement establishes a breach by Tenant(s), Tenant(s) shall pay to Landlord all expenses incurred in connection therewith. This includes all landlords attorney fees, court costs or other administrative fees.

Any notice required by this agreement shall be in writing and shall be delivered personally or mailed by registered or certified mail.

Landlord will make necessary repairs to the exterior with reasonable promptness after receipt of written notice from Tenant(s). Tenant(s) shall make all necessary repairs to interior and keep premises in a safe, clean, and sanitary condition. Tenant shall make contact with all repair or service people and will be responsible for paying the first $25.00 of any charge. Tenant may not remodel or paint or structurally change, nor remove any fixture there from without written permission from Landlord.

If Tenant(s) removes or attempts to remove property from the premises other than in the usual course of continuing occupancy, without having first paid Landlord all monies due, Tenant may be considered abandoned, and Landlord shall have the right without notice to store or dispose of any property remaining on the premises by Tenant. Landlord shall also have the right to store or dispose of any of Tenant’s property remaining on the premises after the termination of this agreement. Any such property shall be considered Landlord’s property and the title thereto shall vest in Landlord.

Radio or television aerials, or dish systems, shall not be placed or erected on the roof or exterior of any buildings stated in this lease agreement without the written approval of the landlord.

WALLS: no nails, screws, or adhesive hangers except standard picture hooks, shade brackets, and curtain rod brackets may be placed in walls, woodwork, or any part of the residence.

FLOOR: If there are any cigarette or other burns in the carpet, the tenant shall pay for the replacement of that carpet in that room. If any of the ceramic tile is broken, tenant shall replace the broken tile with the exact match or pay for having it done.

PLUMBING: If the plumbing becomes plugged, the tenant shall pay for cleaning out the drain(s) accordingly after the first 30 days. If the septic tank fills because of some form of overflow abuse, the tenant shall pay for having it pumped out. If a faucet or stool starts leaking, the tenant will pay for having a new gasket(s) or float valves, put in. Pre-existing conditions may apply at the landlords discretion.

The Tenant is responsible for all utilities & propane and save the Landlord harmless from any bills arising during the tenancy of the Tenant. The Tenant understands and agrees that essential services are to be maintained and operational at all times. When vacating the premises, the propane level must be filled to the level the date the Lease Agreement was signed.

The Tenant will pay the rent as herein provided, take good care of the leased premises, fixtures and appurtenances. If any required repair is caused by the negligence of the Tenant and/or Tenant’s guests, the Tenant will be fully responsible for the cost of the repair and /or replacement that may be needed. At the end of the leased term, the Tenant agrees to surrender the leased premises in as good condition as they were at the beginning of the term. The lot herein leased will be kept clean and neat at all times. The lot and acreage from the house toward the street must be maintained and groomed by the tenant.

The Tenant will mow the leased lot every two weeks during mowing season. If the lot has not been mowed, the Landlord will have the lot mowed by contractor and Tenant agrees to pay the charges which will be added to Tenant’s rent statement for that month. The Tenant is also responsible for the trimming of the trees and shrubbery.

All trash must be placed in trashcans with lids, and taken weekly to the area trash center. Trash can must be provided by Tenant(s).

The Tenant will not drive past gravel drive on the lot. The house has a sewer system and the Tenant(s), his family, guest(s) or workers will be liable for any damages resulting from driving across sewer system, holding tank or leach field.

All entrances and exits must be made by main road at U.S. Highway 84 entrance.

Tenant agrees that he/she will not leave any vehicle unlicensed or on blocks in an inoperative condition for a period over 10 days. Landlord reserves the right to tow and store violator’s vehicle at vehicle owner’s expense.

The tenant will be responsible for the unstopping of plumbing after the first 30 days.

The Tenant agrees to deposit the sum of $60.00 to be held by the Landlord and used for payment of the electric bill should the Tenant leave the premises without paying the final bill. Tenant understands that Landlord has 30 days to refund water deposit.

Residence shall be used for residential purposes only and only by the persons named in the lease. The presence of an individual residing on the premises who is not a signator on the rental agreement will be sufficient grounds for termination of this agreement. Residence shall be used so as to comply with state, county, and municipal laws and ordinances. Resident shall not use residence or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other Resident’s quiet enjoyment of their residence.

Landlord shall not be liable for damage to Tenant’s property for any type for any reason or cause whatsoever, except where such is due to Landlord’s gross negligence. Tenant is responsible to acquire rental insurance.

Landlord shall have access to the premises for inspection, repair or maintenance during reasonable hours. Landlord may enter premises at any time to protect life and prevent damage to the property. Landlord or his representative may enter premises to use the garage that is not part of this lease agreement.

Tenant is prohibited from adding locks to, changing, or in any way altering locks installed on the doors. All keys must be returned to Landlord upon termination of the occupancy.

Tenant shall be responsible and liable for the conduct of his/her guests. Act of guests in violation of this agreement or Landlord’s rules and regulations may be deemed by Landlord to be a breach by Tenant. No guest may stay longer than 10 days without permission of Landlord: otherwise a $10 per day guest charge will be due Landlord.

The tenant does hereby agree to give the Landlord a thirty (30) day notice before the vacating the property. This notice will be given to the Landlord a minimum of thirty (30) days prior to the first of the month of which the premises is to be vacated. Upon failure to give the notice, the deposit and last months rent will be forfeited. Rent will be invoked at the start of that time. This is considered a thirty (30) day eviction notice and tenant must be out.

Tenant agrees that this lease is renewed at the option of the Landlord. Time is of the essence for all monthly payments and Tenant agrees that management may cancel at his option without further notice this entire contract if payments are not made by the 1^st day of each month and take whatever legal actions may be deemed necessary for the immediate eviction of the Tenant and collection of any rents, damages, or late payments.

In the event it is necessary for the Landlord to employ an attorney, collection agency or law enforcement agency to enforce any provision of this Lease or if the Landlord incurs any expense in the exercise of any rights hereunder, then the Tenant agrees to pay all reasonable attorney’s fees, charges made by collection agencies or any expenses of the Landlord as a result of this lease.

Tenant’s Guide: Landlord reserves the right at any time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above, as Landlord shall, in its judgment, determine to be necessary for the safety, care and cleanliness of the premises, for the preservation of good order or for the comfort or benefit of the Tenants generally.

This agreement and any attached addendum constitute the entire agreement between the parties and no oral statements shall be binding. It is the intention of the parties herein that is any part of this rental agreement is invalid, for any reason, such invalidity shall not void the remainder of the rental agreement.

The Landlord covenants that the Tenant on paying the rent and performing the covenants hereof shall and my peaceable and quietly have, hold and enjoy the leased premises for the term herein mentioned.

WITNESS our hands and seals on this _________ day of _______________, 20____.

_________________________________________________

Landlord/Manager, Harmony Acres Mobile Home Park

__________________________________________________

Tenant (s)

__________________________________________________

Tenant(s)

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Witness