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Student Housing Rental Agreement 2024

This document is a Student Housing Residential Rental Agreement between Joshua T Fawson and Horizon Realty Advisors, outlining the terms of rental for an apartment at The Branbury in Provo, UT, from 08/16/2024 to 08/08/2025. The agreement includes details on rental fees, security deposits, cleaning responsibilities, and conditions for termination and transfer of the lease. It specifies that the resident must provide a 60-day notice to vacate and that the landlord is not liable for damages if the premises are not available on the commencement date.

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0% found this document useful (0 votes)
195 views27 pages

Student Housing Rental Agreement 2024

This document is a Student Housing Residential Rental Agreement between Joshua T Fawson and Horizon Realty Advisors, outlining the terms of rental for an apartment at The Branbury in Provo, UT, from 08/16/2024 to 08/08/2025. The agreement includes details on rental fees, security deposits, cleaning responsibilities, and conditions for termination and transfer of the lease. It specifies that the resident must provide a 60-day notice to vacate and that the landlord is not liable for damages if the premises are not available on the commencement date.

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jfaw4584
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Student Housing Residential Rental Agreement

Read the entire document carefully before signing.

This Contract is entered into on this date: 01/03/2024

Resident’s Name: Joshua T Fawson Phone: (801) 900-0105

Current Address: 2572 Cobblestone Way, Sandy UT 84093 Email Address:

Landlord's Name: Horizon Realty Advisors Landlord’s Phone: 801-373-6300

Landlord's Local Agent: Kathrine Fawcett Landlord’s E-mail Address:


leasing@[Link]
Local Agent's Mailing Address: 449 West 1720 North, Provo, UT 84604 Agent’s Phone: 801-373-6300

Landlord's Second Contact: Branbury Leasing Agent Contact's Phone: 801-373-6300

Second Contact's Mailing Address: 449 West 1720 North, Provo, UT


84604

RENTAL AND PARKING ACCOMMODATIONS: The landlord will provide the following rental accommodations, commonly known
As: The Branbury located at (address) 449 West 1720 North, Provo, UT 84604.
in (city) Provo. Apartment number or brief description of facility rented: Floorplan: 4 Bedroom Private Bed designation: Standard..
Occupancy shall not exceed the following: 2 occupants per 1 x 1 floorplan, 4 occupants per 2 x 2 floorplan, 6 occupants per 3 x 3
floorplan, 4 occupants per 4 x 2 floorplan. The space option selected is: Standard.

TERM OF CONTRACT: Occupancy shall begin on the 08/16/2024 (“Commencement of Tenancy”), and shall terminate on the
08/08/2025.

Rental range (The base fee range can vary depending on the following premiums: Platinum Upgrades. Resident agrees to
full potential rent range regardless of indicated preferences.):

$529.00 - 534.00

Potential secondary charges:

$15-$17 RLIP (Liability Protection)


$5 PCON (Personal Contents Protection)
$7 CBOOST (Credit Building Service)
$48 INTER (Internet) 1 Bedroom Private
$18 INTER (Internet) 1 Bedroom Shared / 2 Bedroom Shared / 3 Bedroom Shared Super Suite / 4 Bedroom Private
$92 UTIL (Utilities) 1 Bedroom Private
$52 UTIL (Utilities) 1 Bedroom Shared / 2 Bedroom Shared / 3 Bedroom Shared Super Suite / 4 Bedroom Private

Late Fees: $35 plus $5 per day starting on the 6th, due if full payment is not received before 6:00 pm on the 5th day of the month.

There will be 12 equal payments for this contract, each due in advance on the 1 st day of each month. This installment may include
(but is not limited to) Base Rent (RENT), Internet (INTER), Resident Liability Coverage/Damage Waiver (RLIP/DW), Utilities (UTIL)
and Credit Impact Services (CSCORE/CBOOST).

Damage Waiver/Required Insurance/Credit Building: This property participates in various programs administered by 3rd party
vendors. These vendors import charges monthly that may not be listed in the summary above (RLIP/DW/CSCORE/CBOOST). Please
see the applicable addendum for those monthly additional rent total if they are not included above. This includes, but may not be limited
to, the following Addendum: Branbury Lease Addendum, HRA Damage Waiver Program Required Insurance and Personal Contents
Program Addendum to Lease Agreement.

THIS AGREEMENT MAY NOT BE CANCELLED ONCE EXECUTED BY RESIDENT WITHOUT THE EXPRESS
WRITTEN CONSENT OF THE OWNER.
1. TERM: The initial term shall commence on Commencement Date and will end on the Initial Term End Date. Occupancy will start on
the Commencement Date unless the Premises is not available for occupancy. Owner shall not be liable for any damages in the
event the Premises are not available for occupancy on the Commencement Date. If the Premises are not available for more than
seven (7) days, Resident’s sole remedy is to terminate this Agreement and be entitled to a refund of any security deposit and any
rent paid. This Agreement will automatically renew on a day-to-day basis unless written notice of termination is given by either
party as required herein. The above Day-to-Day Fee shall be added to the Monthly Rent, without notice, in the event Resident
remains in the Premises after the expiration of the Term. Additionally, Owner may change the Rent and Fees on a day-to-day
tenancy upon thirty (30) days written notice. In the event this Agreement extends beyond the term above on a day-to-day tenancy,
such tenancy shall then terminate only on the last day of a month. If the Initial Term End Date is not the end of a calendar month,
then the Monthly Rent and Fees due for the remainder of the month during which the Initial Term End Date occurs will be the Rent
and Fees listed above. On the 1st day of the next month after the Initial Term End Date the Day-To-Day Fee will apply, along with
any other changes permitted by this Agreement. The Lease Initiation Fee above shall be paid upon execution of this Agreement
and shall be deemed consideration for the institution of this Agreement and is not a deposit. The Pro-rata rent charged is a stated
amount and is not related to the Monthly Rent. Owner shall be entitled to the Eviction Turnover Fee for the work processing the
paperwork to the attorney for an eviction after failure of the Resident to comply with any eviction notice. Resident shall be obligated
to pay this fee once the work is done regardless of whether the eviction is filed.

2. SECURITY DEPOSIT: A. The security deposit above shall be paid in full prior to Resident taking possession of the Premises.
Resident’s failure to pay the security deposit as required shall be deemed a material breach of this Agreement and Resident shall
be subject to the remedies provided herein. Any sums due or owing by Resident to Owner may at any time be deducted from said
deposit; deductions shall be applied at Owner’s discretion. Resident agrees to promptly replenish the security deposit within five
(5) days after notice is given and Resident may not apply any portion of the security deposit to any month’s rent nor any other
obligations during occupancy. Resident’s security deposit will be refunded in full, if all of the conditions of this Agreement are
fulfilled, including:
i. The full Agreement term has expired or the Agreement has been terminated without default of Resident and Resident has
not “held over.” “Held over” means the Resident is still in possession of the Premises after either party has given the other
notice of termination and that notice has expired.
ii. Resident has provided written notice of intent to vacate as required by this Agreement to Owner prior to the Initial Term End
Date or the required notice under this Agreement if on a day-to-day basis. This provision does not allow Resident to terminate
the Agreement prior to the expiration of the initial term but does require the appropriate and timely notice of the intent to vacate
at all times.
iii. Resident has no other monies due pursuant to any term or condition of this Agreement or any other amounts due to Owner
from any other agreement, arrangement, addendum, or other indebtedness.
iv. Resident has thoroughly cleaned the Premises, appliances, and fixtures, and has removed all of its property and any
garbage from the Premises. Resident acknowledges that there are specific charges that Owner may charge for cleaning and
damages. Those charges are agreed to by Resident. Owner will be entitled to and may deduct from the security deposit
monies due pursuant to the Owner’s cleaning charge list and all other reasonable charges to accomplish cleaning or repair to
allow the Premises to be re-rented.
v. All individuals using or occupying the Premises have surrendered the Premises to Owner, and all keys to the Premises,
mailbox, storage rooms, access cards, fobs, entry devices, garage devices, and all other keys and passes related to the
Premises are turned in to the Owner.
B. As required by law following the later of Resident’s surrender of said Premises to Owner or Resident providing a forwarding
address, Owner will forward the balance of the security deposit less all deductions with an itemized statement of any deductions
made. However, Resident shall not be entitled to any damages merely because Owner fails to provide the statement.
C. It is the Resident’s obligation to provide Owner with all required notices in writing prior to move-out. Resident agrees to the
charges as stated and as may be amended on a move out form. In the event there are charges in excess of the security deposit,
Resident agrees to pay such amount upon demand.
3. PREMISES. Owner leases to Resident, and Resident leases from Owner, (a) on an exclusive possession basis, a bedroom and
the use of a bathroom with certain fixtures, furnishings, furniture and appliances (collectively termed the Bedroom) within an
apartment (Premises) at the premises in a location to be determined by the Owner in its sole discretion, and (b) on a non-exclusive
basis and joint possession in common with the certain other Residents (the Co-Residents) of the Premises, the kitchen and
living/dining area located within the Premises (such kitchen and living/dining area and the Bedroom, collectively being the Rental
Space). The Rental Space shall be assigned by Owner in its sole discretion prior to the Commencement Date. This Lease is for
available housing space and does not guarantee any specific room, roommate or type of accommodation. Resident acknowledges
and agrees that the Commencement Date is Resident’s requested Commencement Date and the same may be changed by Owner
in its sole discretion and the term “Commencement Date” shall automatically be so modified; provided, however, that Resident may
cancel this Lease by delivering written notice to Owner if Owner does not deliver possession of the Rental Space within thirty (30)
days of the Commencement Date. If Owner is unable to timely provide the Rental Space, Rent shall abate for the period of delay.
Resident acknowledges and agrees that neither Owner nor Owner’s agent shall be liable for and Resident hereby expressly waives
any and all claims for any loss or damages resulting from the delay or failure to deliver possession of the Rental Space for any
reason including, without limitation, Owner’s delay or failure to deliver possession, Resident’s delay or failure to timely accept
possession, roommate preferences, overbooking and delays due to construction, repairs and/or maintenance. Resident hereby
acknowledges that the Rental Space is being delivered in its “As-Is” condition, and Resident’s acceptance of the Rental Space on
the Commencement Date constitutes Resident’s acknowledgment that the Rental Space is in good repair and rentable condition
and the fixtures, furnishings, furniture and appliances therein are in good working order, except as otherwise specifically noted on
the “Move-in Inspection Report,” which is to be completed by Resident and returned to Owner.
4. CLEANING. Resident agrees to maintain all the Premises, including its own bedroom, Rental Space, common rooms of the
Premises, and any other area which the Resident has full or partial control. Resident acknowledges that Owner obligates Resident
to keep such areas clean and sanitary. It is acknowledged that this is a subjective standard that shall be in the sole discretion of
Owner. Owner may inspect the Premises to ensure that it is properly maintained and clean. If, in Owner’s sole judgment, the
premises need to be cleaned, Resident shall clean the premises within twenty-four (24) hours of being notified. Thereafter, Owner
may have the premises cleaned and such costs of cleaning shall be assessed as additional rent to each and every resident of the
premises. Resident agrees that it is jointly and severally responsible for the cleaning charges in full. Inspection charges may apply
for re-inspections due to cleaning issues.
5. COMMON AREAS. Each Premises contains multiple rooms with common areas within the premises. Resident is jointly and
severally responsible for the maintenance and upkeep of these common areas. Damages to these common areas shall be
assessed jointly and severally to all Residents of the premises. Resident agrees to immediately to report to Owner any lease or rule
violations, damages to the premises, failures by other residents to abide by the lease or rules, or violations of law, lease, rules, or
other regulations by any other resident, guest, or occupant.
6. MOVE-OUT NOTICE: Resident must provide written notice to vacate at least 60 days prior to the end of the Lease Agreement.
Unless a renewal lease has been executed, Resident must move out on or before the Lease end date. Resident shall not holdover
beyond the move out date. Early move-out does not release Resident from liability for Rent for the full term of the lease. This
Agreement may only terminate on the Initial Term End Date or on the last day of a month unless otherwise provided by law, stated
herein, or by written agreement with Owner. Owner is only obligated to give a thirty (30) day written notice of termination during the
Agreement term.
7. TRANSFERS. With written approval of Owner, Resident may transfer the obligations of this agreement to an approved substitute
resident. Such transfer shall require Resident to pay the Contract Transfer Fee prior to the transfer. All substitute residents must be
approved and qualified by Owner prior to the approval. Resident may also request a transfer to other premises within the
community. Such transfer is conditioned upon the unit being available, and approval of Owner which may be denied for any or no
reason. If Owner approves such transfer, Resident shall pay the Unit Transfer Fee prior to the transfer. Resident shall still be
responsible for any damages to the Premises which may have occurred prior to the transfer. Resident shall sign a new lease for
the new unit. Owner may require Resident to transfer to a similar unit within the community during the term of this agreement. If
such transfer is at the request and requirement of Owner, Resident shall not be obligated to pay any transfer fee and Owner shall
pay to Resident reasonable costs of transfer up to a total of $75.
8. SUBORDINATION: This Agreement as executed is subject and subordinate to the mortgage or mortgages financing the
Premises, which are of record or may become of record during the term of this Agreement and any renewals, extensions, or
modifications thereof, and subject to the provisions of any regulatory agreement with any Housing Authority and others that burden
such property. Upon notice, Resident agrees to be the tenant of a new landlord, management company, or owner of the Premises
upon such new owner’s acquisition of the Premises and agrees that foreclosure by a mortgagee shall not void this Agreement.
9. CREDIT CHECKS: Resident agrees that Owner may conduct background, criminal history, and credit checks at any time after
application, during the term of this Agreement or thereafter so long as Resident has an outstanding balance due to Owner.
Resident grants consent to Owner and its agents to disclose information about Resident or Resident’s rental history for law-
enforcement, governmental, or other business purposes so long as Resident has an obligation under this Agreement.
10. GOVERNMENT: In the event the Premises are condemned or access is restricted as a result of any type of governmental action or
damage to the Premises, Owner shall not be liable for any damages to Resident including alternate housing, damage to personal
property, replacement of personal property, and/or any other consequential damage. Such action may include any action by any
governmental agency or entity including but not limited to health departments, division of environmental quality, fire departments,
police, zoning departments, etc. or by Owner if Owner determines in its sole discretion that the Premises are damaged to the
extent that they are not habitable. If the action is taken, Resident shall be relieved of rental obligations effective the date that
access is restricted or prevented unless the cause of such governmental action or damage relates to actions of Resident, its
guests, invitees, or occupants. In the event this Agreement is terminated pursuant to this provision, Resident shall be responsible
to take all steps necessary to have its contents immediately removed at Resident’s expense. In order for Resident to be relieved of
responsibility under this Agreement, a governmental order must be specific to the Premises leased hereunder and cannot be
caused or mitigated by Resident.
11. NOTICES TO OWNER: In the event Resident determines to utilize the provisions of the Utah Fit Premises Act, notice as required
by that Act shall be delivered in writing to Owner at the address below. If there is an on-site management office, notices may be
delivered at such office during normal business hours. Provisions of the Utah Fit Premises Act may be found in Utah Code 57-22 or
at [Link]
12. NOTICES TO RESIDENT & COMMUNICATION: Resident agrees that any and all notices required by this Agreement or by law
may be served by emailing the notice to Resident at the email address provided below, whether or not Resident has departed from,
abandoned, or vacated the Premises. Resident is obligated to maintain a proper email address for delivery of any notices. Resident
may change that email only by delivering a written notification of the change to Owner served in the same manner as required by
the Fit Premises Act. All Residents acknowledge that notice to this email address shall be effective for all Residents. Owner may
also give any notice required by this Agreement by hand delivery or posting. Resident further agrees to allow all communication to
Resident from Owner, its agents and attorneys to be through text messaging (SMS Messages) and/or email. Resident agrees and
acknowledges that the cellular number below is his/her private cellular phone that can receive text messages, and that
communication, including confidential information, may be made to that number via text message. Resident agrees and
acknowledges that the email address below is his/her private email, and that communication, including confidential information,
may be made to that email address. Resident shall be obligated to notify Owner of any new number for text messages or changes
to the requested number. Resident agrees that it shall be responsible for any and all charges relating to the receipt of text
messages and agrees to such. Resident hereby agrees and acknowledges that the cellular number and email address given herein
may be utilized for any and all communications, including those that may be deemed private or confidential, by Owner, its agents,
management, and legal counsel. In addition, Resident specifically agrees that Owner and its affiliates may utilize both text and
email for purposes of marketing and that Owner and its affiliates are exempt from any and all “Do Not Call” lists and laws. This
Agreement, along with valid email and cellular numbers, must be kept in effect throughout the occupancy and may only thereafter
be revoked by written communication so stating. Resident hereby authorizes and grants express consent to Owner, its
management, and its attorney to conduct any current and future business (including, but not limited to, eviction and/or collection
activities) with Resident electronically, including but not limited to, communicating with Resident using the email address(es)
provided herein or such other email address(es) Resident may hereafter provide verbally or in writing. In granting this consent,
Resident understands and agrees that Owner, its management, and its attorney may, but are not required to, conduct business
with Resident electronically/via email. Resident further understands that Owner, its management, and its attorney cannot and does
not guarantee the privacy or security of any information communicated via email, and as such, Resident hereby knowingly and
unconditionally waives any and all claims Resident may have against Owner, its management, and its attorney that arise from or
are in any way related to communicating with Resident electronically/via email, including but not limited to claims of breach of
privacy or security, unauthorized access or disclosure, or any claim under state and federal laws.
13. RELEASE OF RESIDENT: Resident will not be released on grounds of voluntary or involuntary school withdrawal or transfer,
voluntary or involuntary business transfer, loss of employment, marriage, divorce, loss of co-residents, bad health, problems with
other tenants, criminal activity within the community or surrounding area, or any other reasons, unless otherwise provided in this
Agreement or specifically mandated by law. Upon vacating prior to the expiration of the initial term, this Agreement shall remain
enforced in full, with all monies and future rent (later of through the end of the initial term or required notice period) immediately due
and payable. In the event Resident files a bankruptcy and fails to accept this Agreement through the bankruptcy and remains in the
Premises, this Agreement shall be deemed to be a tenancy-at-will with rent payable daily and calculated at the current monthly rate
divided by 30, all other obligations shall remain in effect.
14. RULES AND REGULATIONS: Resident, its guests, invitees, and other occupants shall comply with all written Rules and
Regulations which shall be considered part of this Agreement. Such Rules and Regulations shall be available from Owner, and
Resident acknowledges receipt of such Rules and Regulations. Owner may make reasonable rule changes if made in writing and
notice is given to Resident. Resident agrees that the conduct of Resident, its guests, invitees, and/or other occupants shall not be
disorderly, boisterous or unlawful and shall not disturb the rights, comforts, or convenience of other persons. Resident
acknowledges and agrees that it is responsible for the actions of its guests, occupants, invitees, and others on the Premises due to
Resident. Violation of this provision shall constitute grounds for immediate termination of this Agreement at the option of Owner.
Resident shall be liable to Owner for any damages to the Premises regardless of who caused the damage unless specifically
caused by Owner or Owner’s actions or inactions as described herein. Owner may regulate the use of patios, balconies, and
porches. Owner may regulate signs, flags, and displays which can be seen from the exterior. Sidewalks, steps, entrance halls,
walkways and stairs shall not be obstructed or used for any purpose other than ingress or egress. The Premises are to be used
only as a residence and may not be used for any business. The Premises and other areas which are reserved for Resident’s
private use shall be kept sanitary, clean, and free from clutter by Resident. Resident agrees to ensure that the Premises are not a
fire or safety hazard. If Owner determines, in its sole discretion, that the Premises is unclean, too cluttered, or a fire or safety
hazard, Resident agrees to remedy the problems with appropriate notice. Garbage shall be disposed of only in appropriate
receptacles. Owner may regulate trash and its disposal, including limitations on amounts and types of trash/garbage that may be
placed in its receptacles. Resident understands and agrees that Owner may refuse to accept any package on Resident’s behalf,
even if Resident has authorized Owner to do so. If Owner does accept a package or delivery on Resident’s behalf, Owner has no
obligation or liability for failure to deliver such item to Resident. Swimming pools, storage rooms, laundry rooms and other facilities,
amenities, and common areas (if provided) are available to Resident as a privilege and not a right granted under this Agreement,
and are to be used wholly at the user’s risk. Any person, including Resident, may be restricted from usage at Owner’s sole
discretion. All written rules may be enforced through Owner’s representatives or agents and Resident shall hold same harmless for
reasonable enforcement. Among other things, Owner may regulate, limit, or prohibit from the premises and the areas owned by
Owner the following: swimming pools, trampolines, commercial equipment, non-residential materials, weight or workout equipment,
bicycles, tricycles, skateboards, guests who have lived or stayed in Resident’s Premises, former tenants, and guests who, in the
Owner’s reasonable judgment, have been disturbing the peace or disturbing other residents or may cause a threat to other tenants
or who have or may be violating Rules and Regulations. Resident acknowledges the review of such Rules and Regulations and
agrees to be bound by them. Such Rules and Regulations may be changed or modified at any time with thirty (30) days’ notice to
Resident. Resident agrees that all firearms and weapons are restricted from all the common areas, amenities and other areas
controlled by Owner. Owner may further restrict possession, storage, and usage of any firearm or weapon.
15. PARKING: Owner may regulate the time, manner, and place of parking cars, trucks, motorcycles, bicycles, boats, trailers, and
recreational vehicles by anyone. Owner may also restrict the size and type of vehicles. Owner may have unauthorized or illegally
parked vehicles towed at the expense of the owner of such vehicle. A vehicle is unauthorized or illegally parked if it: (1) has a flat
tire or other condition rendering it inoperable; or (2) is on jacks, blocks or has wheel(s) missing; or (3) has no current license or no
current inspection sticker; or (4) takes up more than one parking space; or (5) belongs to a Resident or Occupant who has
surrendered or abandoned the Premises; or (6) is parked in a space marked for manager, staff, or guest at the office; or (7) is
parked in a marked handicap space without the legally required handicap insignia/placard; or (8) blocks another vehicle from
exiting; or (9) is parked in a fire lane or designated “no parking” area; or (10) is parked in a space marked/reserved for other
resident(s) or unit(s); or (11) is parked on the grass, sidewalk, or patio; or (12) blocks garbage trucks from access to a dumpster or
maintenance from maintenance areas. Any Addendum or Rules and Regulations created by Owner relating to parking shall
supersede this provision to the extent there is a conflict with this provision.
16. PREMISES CONDITION: Resident has the right to inspect the Premises prior to signing this Agreement and Resident agrees that
it has been given the opportunity to conduct whatever inspection of the Premises is needed prior to signing this Agreement.
Resident acknowledges that the Premises have been inspected, are in satisfactory condition, and all existing damages have been
acknowledged in writing by Owner. Resident accepts the Premises in “as is” condition. Resident, by accepting keys to the
Premises or moving its property into the Premises, evidences and accepts the fact that the Premises (including appliances,
furnishings, and fixtures) are in clean, safe, sanitary, and in good-working condition and that any exception has been or will be
delivered to Owner in writing within 48 hours of accepting keys to the Premises or by moving its property into the Premises. Owner
makes no warranty of any kind, express or implied, and relies upon the fact that Resident has inspected the Premises. Resident
agrees to maintain the Premises, appliances, furnishings, and fixtures in good condition throughout the term of this Agreement
(excepting reasonable wear and tear). Resident also agrees to maintain utility services to the Premises; if Resident fails to maintain
utility services to the Premises by failing to pay the required utilities, such action will be grounds for eviction. Resident shall also be
responsible to maintain the temperature in the Premises to prevent damage to the Premises. Resident shall be responsible for any
and all damages for failure to maintain utilities and temperature. Resident will return the Premises to the Owner in the same
condition as when Resident moved in (subject to reasonable wear and tear). Resident agrees to make no alteration or repair to the
Premises (including painting, wallpapering, stickers, new locks, etc.) without first obtaining the prior written consent of the Owner,
which permission may be withheld for any or no reason. Resident must obtain prior written permission for security cameras or
security systems. Such cameras may only be used within the unit or at the entry door to the Premises. Security systems must be
pre-approved and may not impair or impede Owner’s access to the Premises.
17. REPAIRS: Resident agrees to request all repairs and services in writing provided to Owner. Owner shall have the right to
temporarily turn off equipment and interrupt utilities to avoid damage to property or to perform repairs or maintenance which require
such interruption. In case of malfunctions of equipment or utility damage by fire, water, or other cause, Resident shall notify Owner
immediately. Owner shall act with diligence in making repairs; the Agreement shall continue, and rent shall not abate during such
periods. Resident may not hire or allow any third party to perform work on the Premises without Owner’s prior written approval (or
as allowed by law). Resident is responsible for, and will reimburse Owner for, any damages or loss caused to the Premises while
Resident is entitled to possession of the Premises. This includes, but is not limited to, damages caused by the negligence,
carelessness, abuse or intentional misconduct of Resident, Resident’s family, occupants, animals, guests, invitees, or others.
Resident shall indemnify Owner from any liability to any third party. Owner may assess costs for damages when they occur. The
intent is to require the Premises to be maintained in substantially the same condition as when Resident took occupancy. If the
damage to the Premises, regardless of how caused, is substantial in the reasonable judgment of Owner or materially affects the
habitability of the Premises, such damage will be cause for termination of this Agreement and Owner may terminate this
Agreement by giving written notice to Resident. Such termination due to damage may occur immediately if the Premises are
uninhabitable, otherwise Resident shall vacate within ten (10) calendar days of notice. It is agreed that this notice converts the
tenancy to a tenancy- at-will. Resident’s only remedy shall be a reimbursement of rent paid after vacating, unless the cause of the
damage is due to Resident, its guests, invitees, occupants or others within the Premises. The costs of repairs, restorations and
replacements shall be paid for by the Owner if rendered necessary by reasonable wear and tear but shall only be required during
the tenancy if a habitability issue. Otherwise, if such repairs, alterations or replacements are rendered necessary by the
negligence, carelessness, accident or abuse of Resident and/or Resident’s occupants, guests, or other third parties, then all such
costs shall be paid by Resident. Resident agrees to reimburse Owner for all such costs within five (5) days of written notice. Such
reimbursement shall be a priority payment over all other obligations of Resident to Owner. Owner may charge for damages without
immediately making repairs, if, in its sole judgement, Owner determines that it is likely the damages will continue. Resident shall be
responsible to Owner for all costs of repair for damages as stated herein regardless of Owner’s insurance and Resident’s
insurance may not subrogate to Owner’s. In the event Resident has complied with the Utah Fit Premises Act and is allowed to
make repairs, Resident agrees that it will first obtain three independent estimates, utilize the lowest estimate, and only use licensed
and insured contractors to perform the repairs. Resident agrees to pay a reasonable Property Inspection Fee for an inspection of
the property if such inspection is necessary due to the actions or inactions of Resident, or due to damage to the Premises caused
by Resident, its guests, occupants, invitees, animals, or others. If during the inspection, items are determined to be in violation of
the Agreement and require mitigation by the Resident, Owner may require additional inspections to verify compliance. Resident
shall be obligated to pay a Property Inspection Fee for each such subsequent inspection to verify compliance. Imposition of the fee
shall be at the option of Owner. Resident shall be responsible for any damages as determined by Owner at any inspection as
provided in this Agreement, the Addendums thereto and the Rules and Regulations. Payment by Resident to Owner is due upon
demand.
18. RIGHT OF ENTRY: RIGHT OF ENTRY: Unless otherwise restricted by law, Owner may enter the Premises during reasonable
hours with or without notice in order to inspect, make repairs, provide general or preventive maintenance, replace filters, leave any
notices, and/or for any other reasonable business purposes whether Resident is or is not present in the Premises. If Resident is not
present at the Premises, then Owner will have the same right to such entry by duplicate or master key. If, in Owner’s opinion, there
exists an emergency or a violation of this Agreement exists, Owner may enter without notice at any time for any inspection, repair,
or to determine the condition or occupancy of the Premises. It is the intent of the parties hereto that this provision grant Owner
immediate access to the Premises if Resident is in default of any term of this Agreement, immediate access if in Owner’s sole
opinion giving notice could change an investigation, immediate access to investigate a claimed violation, and that this provision be
interpreted with the existing law to grant as broad and timely access as possible and permissible. Any request for
maintenance/repairs or a Fit Premises Notice shall be deemed to give Owner authority to enter the Premises without requiring
notice or further permission. Owner may secure the Premises at any time Owner deems, in its sole discretion, when the security of
the Premises may have been compromised, including but not limited to death of a Resident, incarceration or hospitalization of a
Resident, usage of the Premises by non-residents, and protection of Owner’s assets or security.
19. CONTAMINATION: Resident agrees to defend, indemnify and hold harmless Owner against any and all claims, actions, causes of
action, demands, liabilities, losses, damages, and expenses of any kind, including but not limited to, attorneys’ fees and court
costs, that may be made as against Owner (its officers, directors, employees, agents, managers, and affiliates) as a result of or
arising out of the growth or proliferation of mold or mildew or other contaminations in the Premises. It is further agreed that such
indemnification shall extend to the existence of any contamination of any type from any person or cause that is unknown to Owner.
Resident further agrees that it will not cause, hire, or conduct any inspection or testing to be done in the Premises for any type of
contamination or pests but may request that Owner conduct such testing provided Resident prepays the costs of such testing.
Owner shall have the right to retain third party certified testing of its choice. The results of such testing shall be the property of
Owner who shall only be obligated to disclose positive results exceeding the legal limits. Resident further agrees that Owner shall
not be liable for any damages caused to Resident, Resident’s guests, occupants, or any property within the Premises resulting
from mold, mildew or any other contamination. Resident shall indemnify Owner from any liability relating to mold, mildew, or any
other contamination resulting in damages to any person or property within Resident’s Premises regardless of the source. Resident
agrees to immediately notify Owner of the existence of any mold, mildew, or other contamination within the Premises. Failure by
Resident to diligently inspect and notify Owner of mold or contamination issues will result in Resident being liable for the damages
to the Premises caused by the mold or contamination.
20. MILITARY CLAUSE: In the event Resident is or becomes a member of the U.S. Armed Forces on active duty and (1) receives
deployment orders for ninety (90) days or more, or (2) receives change of station orders to permanently depart the local area, or (3)
is discharged from active duty, then Resident may terminate this Agreement by giving thirty (30) days written notice as provided
herein and by the Servicemembers’ Civil Relief Act (SCRA). Resident may also utilize the SCRA to otherwise terminate the
Agreement as provided by such Act. As required by the Act, Resident shall be required to pay rent for thirty (30) days after the
notice is given with appropriate documentation. Resident agrees to furnish Owner a certified copy of the official orders which
warrant termination of this Agreement. Permission for base housing does not constitute a permanent change of station order. Other
termination as provided under the SCRA will be allowed as provided by that Act.
21. DISABILITY: It is Owner’s policy to adhere to all Fair Housing Guidelines set forth by Federal law and the law of the State in which
the Premises is located. It is the policy of Owner to reasonably accommodate all handicaps and disabilities as defined under state
and federal laws as required by existing law. It is agreed that Resident shall notify Owner of any need relating to a disability or
handicap (in writing if possible) to ensure the proper procedures are implemented to comply with existing laws. In the event
Resident fails to notify Owner of any needed accommodation, Owner shall not be liable for damages suffered by Resident. It is
agreed that Owner is under no obligation to accommodate Resident until proper notification with supporting documentation (if
necessary) is provided to Owner and Owner has had the opportunity to grant or deny the accommodation or modification. Owner is
not required to grant any request that does not meet the necessary requirements, is not reasonable, or where insufficient
information has been provided to establish the required elements of the request.
22. LIMITED LIABILITY: It is agreed that Owner will not be liable for any damages or losses to person or property caused by any
Resident, guests, occupants, invitees, or any other person including, but not limited to, any theft, burglary, assault, vandalism, or
other crimes or tortious behavior. Resident agrees to be responsible for his/her own property and for his/her own safety. It is
acknowledged and agreed that although Owner is responsible for the upkeep of common areas, parking lots, sidewalks, and areas
of the community not subject to control by Resident, Resident agrees to accept liability and responsibility in the use of these areas.
It is agreed that once Owner gives notice to Resident by any means of any potential hazard, it is Resident’s obligation to avoid the
hazard or it assumes the risks of the hazard. It is acknowledged and agreed that Resident’s duty of care shall be significant as it
pertains to its awareness of use of areas under control of Owner. It is the agreed intent of this Agreement (to the greatest extent
allowed by law) that Owner shall not be liable for personal injury or for damage to or loss of Resident’s personal property (furniture,
jewelry, clothing, etc.) unless caused by gross negligence of Owner, its agents, management, or assigns. It is specifically mutually
agreed that Owner shall NOT be liable for any damages (personal injury or to property) directly or indirectly caused by any other
past or present occupant, resident, tenant or guest. Owner shall not be liable to Resident for any type of damages from fire, flood,
water leaks, theft, rain, hail, ice, snow, smoke, structural problems, environmental issues, toxins, mold or mildew, or contamination
left by prior residents or current residents, explosions, interruptions of utilities, acts of God, or negligent behavior of Owner or its
agents, unless such injury or damage is caused by gross negligence of Owner or its agents. RESIDENT IS REQUIRED TO
SECURE RENTERS INSURANCE TO PROTECT AGAINST ALL OF THE ABOVE OCCURRENCES. Owner shall hold Resident
liable for any damages caused by Resident, its occupants, guests and/or invitees including but not limited to fire, flood, explosion,
water damage, and pests. Owner strongly suggests and recommends that Resident obtain additional insurance to protect its own
belongings. Resident agrees to indemnify and hold harmless Owner and its representatives from any and all liability for actions or
inactions of Resident which cause damage or injury to any party or person. Resident agrees that locks and latches are acceptable
subject to Owner’s duty to make needed repairs upon request of Resident. It is acknowledged and agreed that Resident had other
options available for obtaining housing and chose to enter into this Agreement with the limitation on liability of Owner. Further,
Resident acknowledges that it had to qualify to enter into this Agreement. Upon payment of a reasonable charge, Resident shall
have the right to require Owner to change (re-key) a door-lock for a fee. Resident may not place its own locks on the Premises or
devices which prevent Owner entry. If Resident takes any action to restrict Owner’s access, Owner may take such action to restore
access and Resident shall be obligated for the related costs. Resident shall pay for and replace smoke detector and/or carbon
monoxide detector batteries (if in Premises) as needed. If Owner’s employees are requested to render services not contemplated
in this Agreement, Resident agrees to hold Owner harmless for all liability regarding the same. Owner may provide security patrols
and/or security equipment (including cameras) for the purpose of protecting its property. However, Owner will not provide any
security for Resident. Each Resident is responsible for its own personal security and the security of its property. It is acknowledged
that the Premises have been occupied and used by other individuals and that Owner cannot represent what such persons have
had or done within the Premises. Resident acknowledges that it will not hold Owner, its agents, or employees liable for prior actions
within the Premises by other occupants or their guests, including such actions that may have unknown continuing residual effects
on the Premises. Owner does not warrant that other tenants will have or maintain renter’s insurance, and shall not be liable for
damages resulting from the actions of such other tenants. Rental insurance obtained by Resident must have a non-subrogation
provision as against Owner and Owner’s insurance. Resident expressly agrees and understands that Resident will not be
considered a co-insured under Owner’s commercial insurance policy for purposes of subrogation, and Resident agrees to be
responsible for damage resulting from a fire, flood, explosion and water damage caused by Resident, its guests, occupants, and
invitees. It is the intent of the parties that this section be applied so as to provide the maximum allowable protection from actions
against Owner and that any provisions determined to violate law or policy be severed only to the minimal extent possible leaving all
other provisions intact. It is expressly understood and agreed that the liability of Owner to Resident under this Agreement is
restricted solely to the interest of Owner in the Premises. No officer, director, shareholder, employee, manager, or Management
Company, or agent shall have personal liability under the terms of this Agreement. Resident agrees to look solely to Owner’s
equity, interest and rights in the Premises for satisfaction of any claims or damages or other remedies of Resident. Owner shall not
be liable for consequential or punitive damages. Because of the nature of Student Housing, Owner does not warrant the
reputation or conduct of any resident. Resident is responsible for its own safety and for the safety and security of its
property and valuables. Resident specifically indemnifies and holds harmless Owner from any and all liability resulting
from the actions, inactions, or other issues relating to other residents, guests, or occupants.
23. GENERAL: No oral agreements have been made. Nor shall any oral agreements be allowed between the parties. This
Agreement is the entire agreement between the parties, supersedes any prior discussions, emails, offers, drafts, or other verbal or
written statements and may only be modified in writing signed by all parties except for reasonable rule changes or additions to the
Owner’s Rules and Regulations. A breach of any Addendum or settlement agreement entered into in conjunction with this
Agreement, including the breach of any confidentiality provision of a settlement agreement, will be considered to be a material
breach of this Agreement and grounds for eviction. This Agreement integrates all previous agreements except those entered into
concurrently. All of Resident’s statements in the rental application were relied upon by Owner in executing this Agreement and any
misinformation therein shall be considered cause for immediate termination by Owner of Resident’s right of occupancy. Resident
may not withhold rent or offset against rent except as specifically allowed and provided for by law. In the event of more than one
Resident, each Resident is jointly and severally liable for each provision of this Agreement. In addition, each Resident shall be
jointly and severally liable for any statutory damages sought pursuant to state law, even if one Resident vacates the Premises. No
Resident shall be released from this Agreement unless specifically agreed to in writing by Owner. Liability under this Agreement
continues until Resident and all Occupants vacate or a new Agreement is signed. In the event any Resident transfers to another
premises, any amounts due for rent or damages shall automatically transfer as rent to the new premises and shall be immediately
due. In addition, any amounts due under any prior Agreement(s) shall automatically transfer as rent to this Agreement and shall be
immediately due. Resident shall not be entitled to interest on security deposits. All Resident’s obligations are to be performed in the
County where the Premise is located. Owner’s past delay or non-enforcement of rent payment due date or any other provision
herein shall not be a continuing waiver thereof under any circumstances. To enforce any breach or in any lawsuit involving
statutory or contractual obligations of Owner or Resident, the non-defaulting party shall be entitled to recover costs of collection,
attorneys’ fees, court costs, and all other costs from the defaulting party regardless of whether the matter is litigated. All past due
amounts and/or in any lawsuit the entire judgment shall bear interest from due date at the rate of twenty four percent (24%) per
annum compounded daily until paid. Any clause declared invalid by law shall not invalidate the remainder of this Agreement. In the
event Resident brings a claim against Owner or its agents with a state or federal agency (other than a claim under the Fair Housing
laws), Owner shall be entitled to recover as against Resident any attorneys’ fees and/or costs and damages for its time (including
an hourly rate for Owner or its agent’s time) if the agency fails to make a finding against Owner. This Agreement may not be
assigned by Resident nor can Resident sub-let the Premises (including temporary or vacation rentals to third parties). Specifically,
the unit may not be used for any type of vacation or temporary rental (including but not limited to Airbnb, VRBO, and like entities)
without Owner’s express written consent. Resident shall not list the Premises for purposes of sub-leasing or vacation type rental. In
the event Owner contracts with a licensed collection agency or attorney to collect obligations under this Agreement and/or its
Addendums, a collection fee of forty percent (40%) of the debt/obligation contracted to be collected shall be added to the amount
owed pursuant to the terms hereof and as allowed by law. It is agreed that all indemnifications, hold harmless, and limitations of
liability as stated in this Agreement shall survive the expiration of the Agreement term and/or the termination of the Agreement.
Resident and Owner agree, to the maximum extent allowed by law, to a waiver of a jury trial.
24. MISCELLANEOUS: Monthly Rent and fees are due on or before the first day of each month by 5:00 p.m. local time. Rent paid
after such date and time is delinquent. If all rent and other accrued fees are not paid on or before the date stated in Rent and Fees
above, before 5:00 p.m. (Time determined by time at Owner’s office), Resident agrees to pay a late charge as stated above. Any
payment due must be paid before 5:00 pm on the due date or will be deemed paid late and subject to legal action at that time.
Owner’s acceptance of rent from any person, not identified as a Resident or an authorized Occupant, shall be deemed to be the
payment of rent on behalf of Resident and shall not constitute Owner’s consent for said person to occupy or reside in the Premises.
Resident agrees that it will not make any payment required by this Agreement in cash. Cash will not be accepted by Owner and
any cash payment shall not be deemed to be a valid payment on any obligation under this Agreement. Resident agrees to notify
Owner of any request by any agent, employee, or manager to make any payment in cash. No cash payment shall be evidence of
any payment required by this Agreement. However, this provision shall not apply to any payments which are made to Owner’s
attorney pursuant to an eviction or collection matter. Use of a rental payment drop box, if one is provided by Owner, is for
Resident’s convenience—the risk of receipt of funds when such box is used is Resident’s risk, and not Owner’s risk. At Owner’s
discretion, Owner may convert any and all checks via the Automated Clearing House (ACH) system for the purposes of collecting
payment. Rent is not considered accepted, if the payment/ACH is rejected, does not clear, or is stopped for any reason. Any check
or other instrument returned shall accrue the maximum charges as allowed by law which shall be in addition to the late fees. Owner
may without notice require payments in money orders, certified funds or any other method of payment including electronic
payments. Acceptance of personal checks and money orders is not required. Owner may require electronic payments to be made
through a designated payment portal; and Owner may establish Rules and Regulations governing such electronic payments.
Electronic payments are not deemed received if paid after service of an eviction notice. Resident shall notify Owner in writing when
paying electronically, other than through an Owner approved online portal. Owner shall be entitled to reject and return any funds
paid electronically through any means other than Owner’s approved online portal if done so within five (5) days after Resident gives
notice in writing of such payment. Any dispute in amounts due by Resident must be stated in a separate written notice
provided to Owner and not merely stated on the face or back of a negotiable instrument. Such dispute must be mailed to the
Owner at the registered agent’s office or delivered to the address herein. As used in this Agreement, rent shall mean all obligations
of this Agreement (and Addendums) owed to Owner, including but not limited to, monthly rent, late fees, service fees, attorneys’
fees, damages, day-to-day fees, utilities, court costs, pet fees, taxes, and security deposits. However, payments shall be deemed
to be applied in the following order: first to damages, security deposits, late fees, services fees, day-to-day fees, other fees, court
costs, attorneys’ fees, any and all other amounts due, and lastly to rent. In the event Owner determines to serve any notice upon
Resident due to Resident’s failure to pay rent, any nuisance related to Resident’s tenancy, or for Resident’s violation of this
Agreement (including Rules and Regulations), Resident shall be liable to Owner for the Service of Notice Fee stated above. The
Lease Initiation Fee provided herein shall be deemed to apply to the operational costs of Owner in preparation of documents, files,
and such other costs incident to the leasing of the Premises to Resident and is in addition to any application fee which may be
charged. The Eviction Turnover Fee shall be deemed to compensate Owner for costs and time related to preparation of materials
for an eviction. The above rental rate is for an unfurnished Premise. Resident’s right to possession and all Owners’ obligations are
expressly contingent on prompt payment of rent. Use of the Premises by Resident is obtained only on the condition that rent is paid
on time. Payment of rent shall be an independent covenant and all monies received by Owner shall be applied first to non-rental
obligations of Resident, then to the oldest amounts due, regardless of notations. Each Resident does hereby grant to each of the
other Residents herein the power to sign documents binding all of the Residents as it may pertain to this tenancy and this
Agreement. By this Agreement each Resident herein grants a power of attorney to each other Resident to bind all Residents as it
pertains to this Agreement, Addendums, notices, and pleadings which relate to this tenancy, including the ability to accept service
of process and give notices to Owner.
25. EARLY VACATE: If Resident does not fulfill the entire initial term (even if such failure is due to eviction by Owner), Resident shall
be liable to Owner for the costs incurred by Owner as a result of the early termination. These costs are in addition to the other
damages and rent (including future rent) that may be assessed pursuant to this Agreement. They may include, but are not limited
to: leasing agent costs, advertising expenses, turnover expenses, and such other costs incidental to re-renting the Premises. If
Resident vacates prior to the end of the initial term, all future rents under this Agreement shall accelerate and become immediately
due. Resident shall additionally be responsible for damages, repayment of concessions, and such other provisions as contained
herein. It is agreed that an eviction shall terminate occupancy but NOT the obligations to pay rent and other obligations under this
Agreement. It is agreed that termination notices pursuant to an eviction due to non-payment of rent or nuisance shall not relieve
Resident from obligations for future rent until such time as the Premises have been re-let or the expiration of the initial term,
whichever occurs first. Eviction at the end of a term shall still obligate Resident to pay for the time notice should have been given
as required by this Agreement for vacating the Premises. Nothing herein shall change the duties of Resident and Owner to
mitigate damages.
26. OWNER DEFAULT: Owner agrees to act with diligence to: (a) keep common areas reasonably clean, (b) maintain fixtures, hot
water, heating equipment; (c) remain in substantial compliance with accepted federal, state and local laws regarding safety and
sanitation; and (d) make all reasonable habitability repairs subject to Resident’s obligation to pay for damages caused by Resident,
its guests, third parties, or other occupants. Resident must comply with all obligations under state and local laws relating to
notification of Owner and any fit premises laws or ordinances, in order for Owner to be in default.
27. RESIDENT DEFAULT: Events of Resident’s default shall include but are not limited to: (a) failure to pay any rent, deposits or
other amounts agreed to herein or any other sums due and owing by Resident to Owner pursuant to any terms of this Agreement
and Addendum; (b) failure to perform all or any part of this Agreement or a violation of this Agreement or any of the rules and
regulations adopted by Owner or of any law; (c) Resident’s abandonment of the Premises; (d) violation by Resident, an occupant,
or any guest of any state, federal, or local law or ordinance including the violation of any such law by an occupant or resident while
living in the Premises regardless of where the violation occurs; (e) any illegal drugs or paraphernalia are found in the Premises; (f)
Resident and its occupants or guests engage in any of the prohibited conduct described in this Agreement and/or Rules and
Regulations; (g) allowing the community property/premises to be named on any listing relating to sex offenders; (h) Resident taking
any action or failing to take any action which may jeopardize Owner’s status within any good landlord program or any other
governmental program or aid; (i) if Resident holds over and fails to vacate on or before the required move-out date (i.e., the end of
current Agreement term, the end of the month or any renewal or extension period, or the move-out date agreed to by both parties);
(j) the discovery by Owner that any information provided by Resident to Owner, including but not limited to information on the rental
application and any other forms completed in connection with the lease of the Premises, was false, fraudulent, or misleading.
Resident shall be liable to pay rent for the hold-over period and to indemnify Owner and/or prospective Resident for damages
including rental loss, lodging expenses and attorneys’ fees. Hold-over rent shall be immediately due on a daily basis and delinquent
without notice or demand. Resident shall be liable to Owner for any and all costs incurred as a result of any breach by Resident.
Notice of termination of housing assistance by any housing authority (if Resident’s qualification included such assistance) shall be
deemed a default of this Agreement and grounds for immediate termination and eviction.
28. ILLEGAL ACTS: Resident may be evicted from the Premises without further notice or opportunity to cure for any illegal activity
conducted by Resident, any occupant, invitee, or guest whether or not such activity is cited by a police authority. It shall be
considered a breach of this Agreement for any Resident or occupant to commit a criminal act on the Premises or elsewhere while
an occupant of these Premises. Prior undisclosed or unresolved criminal acts shall also be a breach of this Agreement. Resident
has an affirmative duty to fully disclose to Owner all prior criminal activity of all Residents and occupants, including minors. This
duty requires Resident to report convictions, pending charges, and plea bargains, and any other criminal activity or proceeding.
29. PROHIBITED CONDUCT: Resident and Occupants or guests may not engage in the following activities: behaving in a loud or
obnoxious manner, disturbing or threatening the rights, comforts, health, safety, or convenience of others (including Owner’s
agents and employees) in or near the community; disrupting business operations; engaging in any gang related activity;
manufacturing, delivering, possessing with intent to deliver, or otherwise possessing a controlled substance or drug paraphernalia;
engaging in or threatening violence; possessing a weapon prohibited by state or local law; discharging a firearm in the community;
displaying or possessing a gun, knife, or other weapon in the common areas in a way that may alarm or threaten others; tampering
with utilities or telecommunications; bringing hazardous materials into the community; or performing any act or action that will injure
Owner’s reputation by making bad faith allegations against Owner to any third party.
30. REMEDIES: Owner and Resident agree that every condition, covenant, and provision of this Agreement is material and
reasonable. Any breach by Resident of a condition, covenant, or provision of this Agreement will constitute a material breach. In
the event of any default or breach by Resident, and at any time thereafter, Owner may at any time thereafter, with or without notice
or demand, and without limiting Owner in the exercise of any right that Owner may have by reason of such default or breach: (a)
terminate Resident’s right to possession of the premises by lawful means; (b) recover from Resident any and all amounts provided
by law, including but not limited to unpaid rent and amounts necessary to compensate Owner for any loss proximately and/or
actually caused by Resident’s failure to perform under this Agreement; (c) the remedies provided herein are not exclusive and
Owner may pursue Resident for any one or more of such remedies or any other remedy provided by applicable law; (d) the
exercise or failure to exercise any remedy provided herein for any breach hereof shall not be deemed a waiver of Owner’s right to
enforce any of its rights under this Agreement. Any remedies set forth herein shall be cumulative, in addition to, and not in limitation
of, any other remedies available to Owner under applicable law. Exercising one remedy will not constitute an election or waiver of
other remedies. Owner may also implement reasonable fines for violation(s) of this Agreement and/or Rules and Regulations
provided said fines are set forth either in this Agreement or the Rules and Regulations.
31. LIEN: By this Agreement, Resident grants to Owner a security interest in any and all property which is placed on the property of
Owner pursuant to Resident’s occupancy of the Premises. This shall include any and all property in the Premises, storage areas,
parking lots, common areas, or other Premises of Owner. The right to execute and take possession upon this security interest shall
become effective upon any rent or fees being due and unpaid. Owner shall have the right to retain such property and utilize it to
satisfy any monies due under this Agreement. Owner may file a security filing with any governmental agency as notice of this Lien.
This security interest shall be deemed effective against all property in the Premises and shall be in addition to any statutory
Landlord’s Lien. Owner may inspect the Premises any time there is an unpaid balance due for purposes of preparing an inventory
of the secured items. Sale of items under this provision may take place with five (5) days written notice to the last known address of
Resident. Resident agrees to waiver of notice of the sale, to the sale being a public auction, to the sale taking place at a location
determined by Owner within the State, notices to be posted at the location of the sale and listed in the electronic version of any
paper within the State, and to be held at such time and day as determined by Owner.
32. ABANDONMENT: Abandonment is hereby agreed to mean either (a) Resident has not notified Owner that Resident will be absent
from the Premises, and Resident fails to pay rent within fifteen (15) days after the due date, and there is no reasonable evidence
other than the presence of Resident’s personal property that Resident is occupying the Premises or (b) Resident has not notified
Owner that Resident will be absent from the Premises, and Resident fails to pay rent when due, and Resident’s personal property
has been removed from the Premises and there is no reasonable evidence that Resident is occupying the Premises. In the event
Resident abandons any property on the property of Owner; such abandoned property may be sold, donated, or disposed of by
Owner as allowed by law. This shall include any and all property in the Premises, storage areas, parking lots, common areas, or
other property of Owner. As required by state law, Owner will store any property remaining in the Premises after eviction,
surrender, or abandonment of the Premises. Owner is not liable for casualty loss, damage, or theft of said property unless
otherwise provided by law. Owner shall have the right to retain any abandoned property and utilize it to satisfy any monies due
under this Agreement. Sale of items under this provision may take place with five (5) days written notice to the last known address
of Resident. Resident agrees to a waiver of notice of the sale, to the sale being a public auction, to the sale taking place at a
location determined by Owner within the State, notices to be posted at the location of the sale and listed in the electronic version of
any paper within the State, and to be held at such time and day as determined by Owner. Any vehicle deemed abandoned by
Owner shall be removed by a licensed towing agency and sold or disposed of according to state law. Any excess funds from the
sale of such a vehicle shall be secured by this Agreement.
33. RELOCATION. For purposes of operating efficiency, Owner reserves the right, upon five (5) days advance written notice when
possible, to relocate Resident to another apartment on the Premises of similar size and value, though Resident understands and
agrees that variations in size, location, and value may occur. In the event of such relocation, this Lease shall be automatically
amended as to make the "Rental Space" the rental space of the new apartment. Resident understands and agrees that Resident
shall not have any right to compel Owner to assist Resident to move in any particular manner, and Resident agrees that Resident
shall have no right to demand reimbursement of any kind related to any expenses incurred by Resident in relocating to another
apartment. Should Resident fail or otherwise refuse to relocate, such refusal or failure shall be considered a material default of this
Lease and shall permit Owner to re-enter and re-take possession of the Rental Space.
34. ANIMALS: Resident may not keep, allow, or maintain animals of any kind on or near the Premises for any length of time without
the prior written consent of Owner. For any violation of this provision, in addition to Owner’s other remedies, Owner may charge
and collect the sum of $50 per day, per violation. All costs of cleaning, de-fleaing or other damage or loss suffered on account of
an animal being in the Premises shall be promptly paid to Owner by Resident. Violation of this provision shall be considered an
uncurable lease violation and will allow Owner to commence eviction on that basis. Resident is required to get approval for any
assistance, companion or service animal PRIOR to the animal coming onto the Premises. Resident is also responsible to ensure
that its guests, occupants, and invitees obtain prior written approval before bringing an animal onto the premises. Failure to obtain
prior approval of any animal is a significant violation of this Agreement which shall allow for eviction. Owner may create and
maintain such rules and regulations relating to animals as Owner, in its sole discretion, determines appropriate. Resident shall be
responsible for any and all damage caused by an animal in the Premises.
35. TAX PASS-THROUGH/FEE INCREASE: Owner may pass through to Resident a pro-rata amount of the property taxes assessed
against the entire premises. Such amount shall be billed monthly and be deemed to be part of the rent due each month. Owner
shall inform Resident of the assessment at the commencement of the term (or may commence such assessment at any time with
thirty days’ notice) and may increase such assessment upon thirty (30) days written notice. Owner may utilize any such formula for
pro-rating the tax assessment provided that the aggregate amounts billed to all residents may not exceed the actual property tax.
This shall not be deemed payment of a tax by Resident, but an additional fee provided for under this Agreement. If, during the
Agreement term, taxes (non-property), utilities, governmental fees, or other common expenses paid by Owner increase in any year
in excess of five percent (5%), Owner may increase Resident’s monthly rental amount in a pro-rata amount (formula to be
determined by Owner) with thirty (30) day’s written notice. In addition, if any utility or governmental entity creates a new fee, tax, or
assessment at any time during the tenancy, such amount may be assessed directly to Resident in a pro-rata amount as stated
herein or as otherwise assessed by such entity. Business license fees may be directly passed on to Resident as they are imposed
by any municipality. Payment of such amount is due five (5) days after Owner sends the billing. Owner may not assess Resident an
amount greater than Owner is assessed. Owner may make any such assessments based upon a reasonable formula that requires
one hundred percent of the new assessment to be paid by the Resident. In addition, if Resident is on any housing assistance and
the amounts allowed to be charged under any governmental program increases during the Agreement term, Owner may, with
proper approval from the governmental agency, increase the monthly rental in accordance with the program increases. Resident
shall be given a thirty (30) day notice of such increase.
36. UTILITIES: Resident shall be responsible for the payment of utility and service bills, including charges for usage, deposits, and
any charges, taxes, fees, administrative fees or costs associated with utilities and services and related billing costs or billing, and
the method of billing, metering, or otherwise allocating the cost and charges to Resident for utilities and services, unless agreed to
otherwise in writing. Utilities shall be used for ordinary household purposes only. Resident must not allow utilities to be
disconnected—including disconnection for not paying utilities. All utility services are subject to interruption or temporary termination
for the purpose of repairs, alterations, or improvements to the Premises or for emergency reasons. Any such interruption or
temporary termination of utility service shall not constitute a default by Owner, nor is Owner liable for interruption or termination.
Resident shall be responsible for its own telephone service, media service (unless specifically stated otherwise), internet, and any
other optional service which may be deemed a utility. Resident must obtain prior written approval to install a satellite dish and sign
an addendum to this Agreement. Resident shall establish utilities in his/her name immediately. If Resident fails to establish utilities,
Owner may at its option terminate this Agreement or bill Resident a handling fee of $50 per utility per month. Resident remains
liable for the utility billing and must make payment upon demand. Owner may establish a policy for payment of pro-rating utilities
that are not directly metered, including but not limited to sewer, electric, gas, and water and may charge Resident a monthly
administrative fee for such utility billing. Although not a utility, Owner may implement fees, restrictions, and policies for trash and
waste removal.
37. PESTS: It is acknowledged that most pest problems result from the actions of tenants and that such problems often cannot be
detected by Owner. Resident acknowledges and warrants that any and all furnishings, clothing, food items, and other materials that
are brought into the Premises or upon Owner’s property are free from any type of pest infestation including but not limited to bed
bugs, mice, lice, and cockroaches. Resident warrants and represents that none of the items brought onto Owner’s property or
within the Premises have been exposed to such pests and that all such items have been inspected by Resident. Resident agrees
that during its tenancy, it warrants to Owner that no infested items will be brought into the Premises or on Owner’s property.
Resident agrees that it will be responsible for all costs relating to removal, extermination, control, cleanup, and management of
pests which are brought in by Resident, its guests, occupants, or others (intentionally or not). Resident further agrees to be
responsible for all costs relating to removal, extermination, control, cleanup, and management of pests which exist or whose
existence is supported by the actions or inactions of Resident, particularly issues relating to cleanliness and clutter of the Premises.
Pests include but are not limited to cockroaches, bed bugs, mice, ants, lice, and moths. Resident agrees to assist in enforcement of
this provision by reporting to Owner any violations. Resident agrees to notify Owner immediately of any infestation or sighting of
any pests within the Premises. Resident may, upon written approval of Owner, hire any licensed and bonded pest
control/extermination company to remedy such infestation but shall notify Owner prior to such company entering the Premises. All
costs related to resolution of any pest problem shall be the responsibility of Resident. In the event it is necessary for Owner to
obtain pest control for another unit, a whole building, or the entire community, Resident agrees that it will pay its pro-rata share of
the costs relating to such pest control regardless of the source of the pest problem and shall be responsible for the full cost if the
infestation is a result of Resident’s actions or inactions. It is agreed and acknowledged that a pest problem may spread to other
units. Failure of Resident to notify Owner and take appropriate action may result in additional units becoming infested. Owner may
require that Resident use specific pest control entities. All costs relating to resolution of any pest infestation that is caused or
exacerbated by Resident shall be paid by Resident. These costs include but are not limited to actual costs of pest
control/extermination, loss of rents, replacement of infested/damaged materials, and any such other costs as may be incurred.
Violation of this provision is grounds for eviction. Resident agrees that it shall indemnify and hold harmless Owner from any and all
damages relating to pests within the Premises; extermination, control or cleanup of pests; damages to personal property from
pests; and any and all other damages relating to pests, regardless of their source.
38. COMMON AREAS. Various areas of the Property are designated and intended for the use in common by all tenants, including, but
not limited to, the parking areas, walkways, laundry facilities and other amenities made available by Owner, which shall be used by
Resident in accordance with the Rules and Regulations. Owner reserves the right to set the days and hours of use for all common
areas and to change the character of or close any common area based upon the needs of Owner and in Owner’s sole and absolute
discretion, without notice, obligation or recompense of any nature to Resident. Certain common areas may have installed video
surveillance cameras. Resident hereby acknowledges and agrees that any vandalism and/or illegal activity recorded can and will
be used to prosecute any criminal or civil action. Where applicable, Owner shall designate parking areas, and provide parking
passes, for use by Resident. Parking fees may be charged by Owner. Guest parking is located on the street. Resident is
responsible for proper parking and proper parking of its guests.
39. SMOKING: Unless specifically allowed in the Rules and Regulations, all smoking is prohibited. “Smoking” means inhaling,
exhaling, breathing, or carrying any lighted product, including but not limited to, cigarette, cigar, pipe, vapor smoking product/e-
cigarette, other tobacco product, similar lighted product, marijuana and other illegal substances, in any manner or in any form. If
smoking is allowed on the Premises it shall be governed by the Rules and Regulations. However, Owner may restrict smoking
altogether at any time. Resident waives any right to a cause of action for a nuisance pursuant to Utah Code 78B-6-1101(3) (smoke
and secondhand smoke) and holds Owner harmless for any damages relating to smoke. Resident acknowledges that it has been
informed that smoke from outside the Premises or from adjoining premises may drift into the Premises. Resident specifically
agrees to abide by the smoking policies of Owner which may prohibit smoking. This waiver shall apply to all residents, occupants,
guests, and minors. Secondhand smoke is defined as a nuisance and may be a cause for eviction. Resident acknowledges that
smoking damages the Premises and agrees to pay for any such damage.
40. INSURANCE: Resident shall be obligated to maintain liability insurance for Owner. Minimum coverage is required in the amount of
One Hundred thousand Dollars ($100,000.00) for damage to Owner’s and third party’s property with the provisions covering at
least perils of fire, explosion, sewer backup, smoke, and accidental water discharge. Owner shall be named as an additional
insured or listed as an interested Party on Resident’s policy. Such policy shall be written as a policy not contributing with and not in
excess of coverage which Owner may carry. It is agreed that Owner carries insurance for its protection and that Resident is not a
beneficiary of such insurance. None of Resident’s rent is considered to pay for Owner’s insurance. Resident shall be responsible to
Owner for all costs of repair for damages as stated herein and within this Agreement regardless of insurance that Owner may carry.
Failure to have and maintain renter’s insurance as required herein shall be deemed a significant breach of this Agreement.
Resident shall provide evidence of insurance upon demand by Owner within 3 business days. In the event Resident fails to
maintain renter’s insurance, Resident shall be liable to Owner and such other Resident’s for any and all damages sustained due to
Resident’s negligence, actions, inactions, or such other events as may cause damage. Resident acknowledges that Owner shall
not be liable for damages caused to it or its property due to the actions or inactions of other residents, including such residents
failure to maintain insurance. Owner may, by Addendum, require other means by which Resident will be required to fulfill this
obligation. Owner may charge administrative fees/costs associated with assisting Resident in fulfilling the obligations in this
provision.
41. COOPERATIVE. The communal living arrangement created by this Agreement is structured such that Resident has been permitted
to rent a portion of the entire premises at a rental rate that is less than the rental amount for the entire premises because Owner
intends to rent the other bedrooms of the premises to the Co-Residents. If the premises is rented at less than full occupancy,
Owner may lock the doors to the bedrooms in the Premises that are not rented and deny access to that area. Resident
acknowledges any and all vacant bedrooms in the Premises are the property of Owner and may not be used by Resident for any
reason. Resident acknowledges and agrees that he/she is jointly and severally responsible with the Co-Residents, where
applicable, for the upkeep of the common areas of the Premises, including but not limited to, routine cleaning reporting damages
and keeping the same in a livable condition. If the common area is in an unlivable condition, including but not limited to, dirty
dishes, food on surfaces, floors, etc., Owner shall have ethe right in its sole discretion to hire a cleaning service to remedy the
situation at the sole cost and expense of the Resident.
42. HOLD OVER. Rental space is rented back-to-back. Any time between the end of this Agreement and the start of the next lease
with respect to the Rental Space is critical for putting the Rental Space in ready to rent status. Resident agrees to be completely
moved out of the Rental Space by 10:00 A.M. on the Term End Date. Holdover tenancy, as defined by failure to return all keys to
the Rental Space, and/or removal of all belongings therefrom, will result in damages to Owner for which Resident shall be liable.
Any other associated expenses or losses incurred by Owner due to such holdover will also be charged to Resident.
43. OWNER’S AGENT: Owner may be represented by a real estate licensee (agent) who is subject to the provisions of the real estate
laws of the State. It is acknowledged and agreed that such agent for Owner only acts for Owner and is not representing Resident in
any capacity. Resident acknowledges and understands that such agent, unless otherwise stated in writing, represents Owner as a
fiduciary and that Resident is only being treated as a customer of Owner. All obligations of this Agreement are the responsibility of
Owner not its agent. Owner may have such agent act on its behalf but such action shall not grant to Resident any rights as against
agent. Any agent for Owner shall accrue and benefit from the covenants, waivers, releases, and indemnifications contained in this
Agreement to the same extent as Owner. Resident understands that if an agent is involved in the transaction, that they have
received written authority to act in all matters concerning this tenancy as Owner’s authorized agent and represents Owner as
fiduciary. Resident acknowledges they have chosen not to obtain a real estate licensee to represent them in this transaction.
44. ARBITRATION: Resident and Owner agree that all claims in tort between Owner and Resident (including any occupant) shall
require mandatory arbitration. Such arbitration to be conducted according to the terms and conditions of the Utah Uniform
Arbitration Act (UUAA). Notices required by the UUAA shall be served upon Owner by certified mail to its registered agent and
upon Resident by mailing certified mail to its last known address. To the extent allowed by law, demand for arbitration must be
made within one hundred eighty (180) days of the earliest of when the claim, dispute, or occurrence arises. Nothing in this
provision shall be deemed to obligate Owner to arbitrate statutory or contract claims nor restrict Owner’s right to proceed in the
Courts for any breach of contract, debt collection, or eviction as allowed under Utah law.
45. CLASS ACTION: Resident acknowledges and agrees that it does hereby waive its ability to participate in any way in a class
action claim against Owner, its management company, attorneys, agents, and assigns. Participation includes but is not limited to
being a class representative, Plaintiff in a class action, being a member of the class, or assisting any class representative or
member. While Resident is not waiving any right(s) to pursue claims against Owner related to Resident’s tenancy, any and all
claims allowed by this Agreement may only be filed by Resident in its individual capacity. Resident does expressly waive any and
all rights and ability to bring, join, represent, participate, or otherwise maintain a class action or similar proceeding as against
Owner, its agents, assigns, and attorneys in any forum. If any portion of this waiver is deemed unenforceable the parties agree that
it should be narrowly construed to maintain as much of the waiver as possible under the law. This waiver survives the termination
of the Agreement.
46. OTHER OBLIGATIONS/CONDITIONS:
47. MOVE-IN DISCOUNTS-CONCESSIONS: Subject to completion of the terms of this Agreement, Owner shall grant a Resident the
following discounts:
In the event Resident fails to complete the entire term (regardless of the reason, even eviction by Owner) or violates any other term
of this Agreement, Owner shall be entitled to recover the amounts stated above that were discounted to Resident. It is agreed that
any concession shall be deemed a rental payment deferment which shall become due and payable upon breach or at the
termination of the Agreement unless the Agreement is completed wherein the deferred rental payment shall be forgiven.

This is a binding legal document.


Resident acknowledges reading the entire Agreement and any Addendum carefully before signing. Residents are jointly and
severally liable for all the terms, conditions, and payments due pursuant to this Agreement and its Addendums.

RESIDENT: (All Resident(s) Must Sign) OWNER OR OWNER’S REPRESENTATIVE

Date: ___________ _____________________________________________

Date: ___________

Date: ___________

Date: ___________
Branbury Rent Range Contract
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

3 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

4 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

5 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

6 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

7 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

8 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

9 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

10 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

11 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

12 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

13 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager
Please Read Carefully
THE BRANBURY APARTMENTS IS NOT RESPONISBLE IF YOU ARE TOWED OR BOOTED & CANNOT REIMBURSE YOU FOR THE COST OF BEING
TOWED OR BOOTED.

A. All residents are responsible to know and obey the parking regulations. All vehicles must be registered with the office to
obtain a valid parking permit. Permits are nontransferable and expire each semester or at the time of move out.

B. The permit holder recognizes that failure to comply with regulations may result in the vehicle being immobilized and/or
towed at the owner’s expense.

C. All permit holders must have a Branbury parking permit visibly displayed on the lower left corner (driver’s side) of their
vehicle’s back window.

D. Any vehicles found in the Branbury areas without a CURRENT Branbury parking permit will be booted/towed at the
owner’s expense.

E. All vehicles must be parked legally in a marked parking space. DO NOT park in fire lanes or tow zones AT ANY TIME. Fire
lanes are any place not designated by yellow lines. Some fire lanes may also be marked in red. Handicap stalls will be enforced
according to federal law.

F. Authorized Visitors may only park in the Branbury lots from 7am-MIDNIGHT (Friday night 1:30am). Any guests staying after
Midnight will need to move their vehicles away from Branbury property or obtain a temporary parking permit. Vehicles
without a current permit will be towed at the vehicle owner’s expense.

G. If your vehicle is in the shop, if you are borrowing a vehicle, if your vehicle window is being replaced, you must make
arrangements with the Branbury for a temporary permit or park unauthorized vehicle on the public street.

H. All motorcycles and scooters must have a Branbury motorcycle permit and only park in designated motorcycle parking.

I. Reserved parking is restricted to the individual who is assigned to that specific parking stall. Unauthorized parking in any
reserved spot will result in towing at the vehicle owner’s expense.

I have read and understand the parking rules. I take full responsibility for knowing and following the parking regulations as outline
above. Management is not responsible for parking enforcement or violations and does not receive any compensation from
University Parking Enforcement (UPE). If you are in violation, you must contact UPE at 801.377.8200. If you feel you have been
unlawfully booted or towed, you may contest this operation as provided in section 9.32.140 of Provo City Ordinance. You may also
appeal a parking enforcement fine through UPE’s website by downloading an official appeals form. UPE also provides
complimentary on site resident services that include: Vehicle Lockouts, Tire Changes, & Jump Starts. If you are on the property
and a resident with a valid parking permit, you may contact UPE for assistance, free of charge.

Signature:________________________________ Date:___________
Branbury Parking Addendum
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager
LEASE ADDENDUM REGARDING INTERNET/CABLE/UTILITIES/MISC

1. INTERNET: Resident shall be responsible to pay $18 (or $48 for 1 bedroom private) per month for internet. Landlord shall in no
way be liable or responsible for any loss, damage, or expense that resident may sustain or incur by reason of any change, failure,
interference, disruption, or defect in the supply or character of the Service or if the quantity of the Service supplied by the Provider is no
longer available or suitable for Resident’s requirements, and no such change, failure, interference, disruption, defect, unavailability, or
unsuitability shall constitute an actual or constructive eviction, in whole or in part, or in any way entitle Resident to any abatement or
diminution of rent or in any way relieve Resident from any obligation under the Lease. Landlord reserves the right to switch Providers
and/or discontinue providing the Service to The Branbury apartment community at any time and for any reason at its sole discretion. To
provide the Service, certain equipment, including distribution cables, switches, connectors, splitters, access points, and other
appurtenant devices will have to be installed in the Resident’s Premises. Resident shall allow Landlord and Provider service personnel
reasonable access to the Premises for purposes of installing, maintaining, repairing, replacing, or removing this equipment, as well as
for auditing, selling or disconnecting the Service. Resident agrees not to damage the equipment described above and agrees to
indemnify and hold Landlord harmless from any and all claims, demands, costs, expenses (including attorney’s fees), and causes of
action arising out of, or in any way relation to, any amounts Landlord is required to pay to cover the costs of any such damage to
Provider.

2. CABLE: Comcast is currently providing television service on an elective basis. Cable services will be the responsibility of the
resident. There can only be one account per apartment. Resident is also responsible to come to an agreement with his/her roommates
concerning cable services, cable providers, and the payment of these services. No satellite dishes are allowed on The Branbury
property.

3. UTILITIES: Resident shall be directly responsible for the cost of all utility services including, but not limited to, water, sewer, trash,
electric and gas. Utility service shall be provided directly from a utility provider or in the sole discretion of the Lessor, on a sub-metering
or other allocation basis from a billing service provider designated by the Lessor. Branbury has already paid all utility deposits to
Questar Gas and Provo City on behalf of all residents and thus the responsibilities of contacting individual utility companies to
put utilities in resident’s name is not required. Utilities are charged to every resident each month on a flat rate basis of $52 (Married
1X1 are $92.00). Resident agrees to pay utility usage overage charges that exceed seasonal usage limits as annually reviewed and
defined by Management. In order for The Branbury to relieve residents of having to collect utility money from their roommates and to
provide this service each resident is required to pay a one-time non-refundable administrative process fee of $52 upon move in. For
apartment units that are not sub-metered, the water and the sewer charge shall be allocated to the Resident based upon the total water
consumption of the community for the billing period, less an estimation of the common area usage, for the number of occupants per
unit, as a percentage of all Residents residing in the community. During the lease term, we are authorized to allocate the monthly trash
removal bill(s) for the apartment community. The monthly trash may be adjusted from time to time with a thirty (30) days written notice.
Resident represents that 4 occupants shall be residing in the unit. Lessor may modify the method by which water, sewer, trash and gas
is furnished and billed to the Resident during the term of this lease. In the event the Lessor determines to modify the provision or billing
of utility services, Lessor shall give Resident not less than thirty (30) days written notice of such modification.

4. UTILITY PAYMENT: Payment of the water, sewer, trash, electricity and gas is pursuant to the terms and conditions of this lease
agreement. Resident agrees to pay Lessor, and shall submit payment in a timely manner, with the rent on the first of each month. Any
and all charges or fees may be incurred by Resident under the lease as a result of Resident’s delinquent payment of rent. If Resident
breaches the lease, Resident will be responsible for all water, sewer, trash, electric and gas charges through time it takes Lessor to
retake possession of the unit, regardless of whether Resident is still occupying the unit. All payments received by Lessor shall first be
applied to any unpaid utilities with the remaining balance being applied to the rent. All payments due from this agreement shall be
deemed as rent.

5. PARKING STICKERS/PERMITS AND PARKING AREAS: You must have a current Branbury parking sticker to park on the
property. There are 2 parking pass options that may be purchased for the year. Reserved parking permits are $45 per month totaling
$540 a year. Open parking permits are $25 per month totaling $300 per year. Parking permit charges are to be paid monthly with rent.
If parking is selected and added to your lease at any time, it will remain for the duration of the lease term. Open parking permit stickers
are not permitted to park in reserved parking stalls. Parking stickers are the property of Branbury and must be returned before replacing
windshields, selling cars, or vacating. Parking stickers are non-transferable. The non-exclusive, undivided limited parking permit must
be for the current lease term and always displayed in the registered vehicle or the vehicle may be towed at the vehicle owner’s
expense. This paragraph creates a limited use license and not a bailment. Please warn all visitors not to park on the property after
curfew in order to avoid being booted or towed. Guests may park in open parking during visiting hours. Visiting hours are as follows:
Saturday-Thursday 8am-12am & Friday from 8am-1:30am. Parking in any lots at The Branbury is entirely at the risk of the owner of the
vehicle. The Branbury accepts no liability for damages sustained from anything related to weather, leakage, or any natural other
causes, including theft or other loss. The Branbury does not guarantee any patrolling or surveillance recordings of its premises for
protection from theft or other incidents. Purchase of an open parking permit allows residents to park within designated open parking
spots within the lot; however, it does not guarantee an available space. Open parking is first come first serve. Reserved parking can be
identified by designated stall numbers. Reserved & open parking stalls are subject to availability at managements discretion. Car info
must be registered with UPE to activate your permit. Registration fees may apply and are solely determined by University Parking
Enforcement.

6. LATE FEES: Late fees are listed on page one of the rental agreement. All returned checks (including unable to locate returns) will
be subject to a $20.00 service charge plus the late fee corresponding with the date a new payment is made. No personal checks will
be accepted for late payments. The Resident further agrees to pay a service of notice fee equal to thirty dollars ($30.00) in the event
the landlord serves any notice for violations of this agreement. Such notices shall include but not be limited to nuisance notices, Pay or
Vacate notices, and other such notices that are either required or allowed by this agreement or by Utah law.
7. SECURITY DEPOSIT: Unless a promotional rate applies, the amount of the deposit shall be $250. If the resident cannot provide a
US social security number, an additional $500 refundable deposit must also be paid up front upon completion of application. Resident
refunds will only be issued to a Resident named on the Lease and will only be paid in US Dollars from a United States banking
institution in the form of a domestic check. The resident accepts all responsibility for depositing the refund and understands no
exceptions will be made. There shall be a $30 stop payment charge for any refunds that have to be reissued. Refunds cannot be sent
out of the country or deposited into foreign bank accounts.

8. APARTMENT CONDITION: Your apartment is a continuously occupied shared resident apartment. It is a “used” apartment.
Therefore, when you move in, your apartment may be at different stages of clean or dirty depending on the time elapsed from the most
recent cleaning check and the cleaning habits of your roommates. You agree to accept the reasonable cleanliness of your apartment.
You also agree to accept the condition of its contents as long as they are in good habitable condition. When you move in there is no
guarantee the apartment will be clean to your personal standards. You will not be compensated for any cleaning that you do to bring
the apartment to a level of cleanliness that you are comfortable with. The appliances and furniture have been used prior to your arrival.
That is the nature of this type of continuously occupied apartment. No two apartments are the same. Each apartment is different in the
condition, age, and quality of the paint, flooring, appliances, furnishings, cabinets, etc.

9. MOVE IN DISCOUNTS: Owner shall grant to resident the following discount(s): Please see Concession Addendum if applicable. In
the event the resident fails to complete the entire term due to any reason listed in section 23 or 24 of this agreement, Owner shall be
entitled to recover the amounts stated above.

10. OCCUPANCY GUIDELINES Unless otherwise approved by Management and such is duly noted in the Lease Contract, Occupancy
shall not exceed the following: 2 occupants per 1x1 floorplan,4 occupants per 2x2 floorplan, 6 occupants per 3x3 floorplan, 4 occupants
per 4x2 floorplan. If approved by Management, in the case of double occupancy, two (2) persons occupying (1) bedroom in a 1x1
private layout, there will be a double occupancy fee of $50 per month.

11. RESIDENT’S PROPERTY AND LIABILITY INSURANCE. To the extent allowed by law, Resident understands and agrees that
Owner, its agents, employees and legal representatives are not liable to Resident or Resident’s occupants, guests and invitees from
losses of their personal property due to theft, fire, smoke, rain, flood, water leaks, hail, ice, snow, lightning, wind and the like. Residents
are required to obtain insurance to protect their personal property and contents against such events (See HRA Damage Waiver
Program Required Insurance and Personal Contents Program Addendum to Lease Agreement). Resident shall at all times during the
term of the lease maintain general liability coverage for the acts and omissions in the minimum amount of $100,000 (on a per
occurrence basis) per responsible lease signer. You may purchase insurance from a qualified insurer of your own choosing or not opt-
out of the recommended program ‘Resident Liability Program’ as specified in the HRA Damage Waiver Program Required Insurance
and Personal Contents Program Addendum to Lease Agreement. Resident is responsible for acquiring and maintaining Resident’s own
insurance on personal property, furniture, electronic equipment, clothing, motorized vehicles, and valuables kept by Resident in or
about the Premise, Unit, and Community. To the extent allowed by law, Owner shall not be liable to Resident, Roommates, or their
respective guests for any damage, injury, or loss to person or property (furniture, jewelry, clothing, electronic equipment, vehicles, and
other valuables, etc.) from mechanical malfunction, fire, flood, water leaks, rain, hail, ice, snow, smoke, lightning, wind, explosions,
interruption of utilities, or other occurrences unless such damage, injury, or loss is caused by the negligence of Owner. To the extent
allowed by law, Resident expressly waives all claims for such injury, loss, or damage. The Owner is not responsible for and will not
provide fire or casualty insurance for Resident’s personal property. Resident will be responsible for all damages caused by Resident,
including but not limited to, fire, smoke, grease or cooking fires, or activation of the sprinkler system, if applicable. Resident must
provide proof insurance throughout the lease term and will breach lease agreement if not obtained with proof of coverage provided to
owner. Failure to provide validated proof of insurance will result in automatic opt into the Resident Liability Program at any point
throughout the lease term.

Personal Content Program (“PCON”). Resident shall be automatically enrolled in additional personal property damage and
replacement coverage for Five Dollars ($5.00) per month per responsible occupant. The Personal Content Program (“PCON”) provides
a limit of $4,000 of coverage with a $500 deductible. Resident may opt out of the PCON at any time by completing the required opt out
form (“PCON Opt Out Form”) and emailing the form to [Link]@[Link]. By completing the PCON Opt Out Form, Resident
acknowledges that he or she shall not be allowed to file any claims for loss or damage under the PCON and Resident will be personally
responsible for any and all damage to Resident’s property as state above. Upon execution of the PCON Opt Out Form, Resident shall
not be eligible for coverage under any PCON until the following Contract Term.

The PCON shall be arranged through Inzu. Resident acknowledges that Inzu is no way affiliated with the Landlord or Principals of
Landlord. If Resident fails to remit payment of the Additional Fee for the PCON when due, Resident shall automatically be opted out of
the PCON, will not be allowed to file any claims for loss or damage to the Resident’s personal property and will be personally
responsible for damage to Resident’s property whether or not a PCON Opt Out Form is completed. All claims under the PCON shall be
processed directly through Inzu according to Inzus instruction, and Landlord shall not be responsible for the processing or payment of
any claim. Resident agrees to pay any and all cost associated with PCON as additional rent and all other obligations in the Resident
Lease Agreement.

12. USE AND LIKENESS: The undersigned hereby irrevocably consents to and authorizes The Branbury and its officers and
employees, to use the undersigned’s image, voice and/or likeness as follows: The Branbury shall have the rights to photograph,
publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display or otherwise use or reuse
the undersigned’s image, voice and/or likeness in connection with any products or service in all markets, media or technology now
known or hereafter developed in The Branbury’s products or services, as long as there is no intent to use the image, voice and/or
likeness in a disparaging manner. The Branbury may exercise any of these rights itself or through any successors, transferees,
licensees, distributors or other parties, commercial or nonprofit. The undersigned acknowledges receipt of good and valuable
consideration in exchange for this Release, which may simply be the opportunity to represent The Branbury in its promotional and
advertising materials as described above. The undersigned acknowledges and authorizes the consent for any ward(s) or children under
his/her legal guardianship.

13. CREDIT BUILDING SERVICE. All residents are automatically enrolled in MyCreditLift at move in/renewal. MyCreditLift
(CSCORE/CBOOST) is a vendor whose service reports payment history to credit bureaus to assist residents in building rental/credit
history. The $7 monthly charge and subsequent billing of the $7 constitutes an enrollment in the credit building program. Once enrolled,
Resident agrees to participate for the full lease term in order to obtain optimal results. The monthly $7 per enrollee charge may be billed
either (a) in conjunction with Monthly Rent and other additional monthly charges or (b) via monthly import from MyCreditLift prior to the
1st of the month. A change in the billing method OR change in vendor may occur at any time with notification to the residents. Please
visit [Link] to opt out.

14. RESIDENT OBLIGATIONS: Participants in Branbury’s events are sometimes photographed and videotaped for use in promotional
and marketing materials. Resident authorizes The Branbury to record and photograph their image and/or voice for use by Horizon
Realty Advisors or its assignees in research, educational and promotional programs; Resident agrees that these audio, video, film
and/or print images may be edited, duplicated, distributed, reproduced, broadcast and/or reformatted in any form, including
Facebook/online social media, and manner without payment of fees, in perpetuity. Resident also authorizes The Branbury to contact
resident’s parents or guarantor for purposes of emergency, delinquent rent collection, or any other reason. Housing is restricted to
persons under the age of thirty-five. Management has determined that convicted sex offenders, whether required to register or not, will
not be permitted to live in the community. I hereby certify that I am NOT a convicted sex offender and am eligible to rent and reside at
The Branbury.

 Resident agrees: A) to maintain the facilities occupied in a reasonably clean and orderly manner and may be
required to pass quarterly cleaning checks. Failure to pass any quarterly cleaning checks will result in a $50 fee to be
paid with the following months rent. Landlord will notify resident prior to cleaning checks. If a lease is lost due to
uncleanliness of your apartment, individuals will be charged for reparations due to the loss. Failure to pass any white
glove cleaning check will result in a $50 fee plus the cost of cleaning not less than $30. Any cleaning check fees must
be paid with the following month’s rent.
 B) That if they choose to move out of the complex during the term of the contract, it is the responsibility of the
resident to sell the contract. Tenants who end their tenancy early must sell their contract to replacement tenant at the
current rental rate. It is management’s responsibility to first sell management’s vacancies, then assist the resident in
selling his/her contract. Resident will be charged a selling fee of $250 if resident’s contract is sold before the end
date of the contract. Resident acknowledges that they are responsible for the selling fee & finding a replacement
resident to take over their contract, even if the lease has not started yet. This fee must be paid up front in order to list
their contract with Branbury. Resident is not to consider a contract sold until resident receives written verification
from management. During the term of this contract, resident may not move from his/her assigned bedroom or
apartment to another within the complex without written permission from management. If resident and Landlord
agree to modify the term of the contract, the rental rate, the apartment assignment, or any other aspect of the
contract, the resident agrees to pay a Contract Change fee of $200.
 C) Nothing will be nailed to any wall of any building. No painting or wallpapering in the apartments. The resident shall
not make, or cause to be made, any alterations to the property or its contents without first obtaining the written
consent of the landlord. Each apartment is fully furnished, and the Branbury will not remove or store any unwanted
furniture. Resident is responsible for any damages to walls & furniture and damages will be assessed and charged
accordingly.
 D) To have only one vehicle on the premises, which vehicle must be operable, and valid registration in resident’s or
parent’s name,. Resident must register their vehicle with the Landlord, obtain a current parking permit, and park in
legally marked stalls. No car maintenance including oil changes will be done in The Branbury parking lot.
 E) A moving and storage fee of $50 will be charged for any items left after checkout. Storage items will be disposed
of according to Utah law. Management assumes no responsibility for any of the resident’s personal property.
 F) All notices and demands authorized to be given to residents hereunder may be served upon resident, by mail
addressed to him/her at the leased premises, or by posting the notice on the resident’s door.
 G) Not to store any items on the balconies or patios and/or not to hang hammocks from patio or balcony railings.
Bikes are not allowed to be stored on patios/balconies. A $25 charge will be assessed if any items are stored on
balconies or patios or if hammocks are hung on railings. After appropriate notice, these items may be removed by
The Branbury.
 H) Not to leave trash outside apartment doors. A $25 removal charge will be assessed if management disposes of
resident’s trash.
 I) To properly dispose of all unwanted mail, newspapers, and flyers in a trash can.
 J) To produce a co-signer who will guarantee payment of contract if required at time of application.
 K) Postal packages are not the liability or responsibility of The Branbury.
 L) If commencement of tenancy date is August 18, 2023, resident agrees to pay for First Month's Rent, Utilities,
Parking, $52 Utility Setup Fee, $13 renters’ insurance (if applicable), and any other monies by August 1, 2023. There
will be a late fee of $35.00 if a payment is not received by August 1, 2023. If commencement of tenancy is for any
other date, the same payment will be due on that commencement date.
 M) Check-Out Instructions: To obtain and to follow the check-out instructions that are available in the office when
vacating, selling, or transferring. Failure to do a check-out or to follow the Check-Out Instructions fully and/or failure
to leave the apartment at the time of the final cleaning check will result in a $50 fee. Resident agrees to remove
his/her parking sticker and leave it with the check-out forms. Failure to return your parking sticker before checking
out will result in a $25 fee. Resident agrees to provide Landlord with a legal size self-addressed stamped envelope in
order to return the resident’s portion of the security deposit. Resident also agrees to input forwarding address on their
resident portal on Entrata prior to move out. Resident also agrees to return his/her original apartment and bedroom
key at the time of final cleaning check-out. If envelope is not provided and filled out by the resident, or return address
not input into Entrata, there will be a $5 fee and if no keys are left at the final check-out there will be a $75.00 fee per
key plus the cost of re-keying the apartment. All items must be returned at time of checkout and will not be accepted
after checkout is performed. Cleaning fees will be charged as outlined in the check-out instructions.
 N) Resident agrees to pay an Eviction Charge of $50 if evicted from the premises for any reason to compensate
Branbury for attorney fees and Eviction processing fees.
 O) To pay for repairs (including maintenance labor and supplies) if any maintenance needs to be performed due to
negligence from the resident.
 P) Resident has inspected the premises and acknowledges that it is free from pests and infestations. Resident
agrees not to bring into the premises any pests or materials that may contain pests including, but not limited to, bed
bugs. Resident agrees to maintain the cleanliness of the premises to discourage pests. Resident assumes
responsibility for all costs relating to removal, extermination, control, cleanup, and management of pests which are
either brought in by Resident, its guests, occupants, or others (intentionally or not) and will be responsible for all
remediation that results from their negligence inclusive of damage to other units.
 Q) If account is sent to the attorney or collection agency up to a 50% fee will be added to the total amount due to
cover collection costs.
 R) If documents are submitted to management, there will be a minimum period of 5 business days for review and
verification of documents.
 S) Overnight guests are only permitted with the written permission of all roommates and management. There will be a
$25/day fee for overnight guests. Unauthorized guests will result in a $50/day per person fee and potential for
eviction.
 T) We accept payments via check, money order, cashier’s check or credit card. NO CASH will be accepted.
 U) Not to have any animals. Unauthorized animals on the premises for any reason or any length of time is not
permitted and will result in a $300 fine as well as potential eviction.
 V) To pay a $40 application fee, a $150 lease initiation fee, and deposit at time of application.
 W) To pay a $10 fee if a scheduled appointment is missed at The Retreat without 24-hour notification prior to
appointment.
 X) To abide by the community rules and regulations which are subject to change with 30 days written notice from
management.
 Y) No partial payments will be accepted. If resident stops a payment, they will be responsible for a $30 stop payment
fee.
 Z) Any small balance that is unpaid after three days’ notice will be assessed a $35 late fee and $5 per day that it
remains unpaid.
 AA) If resident is selling their contract in the month of August, the buyer must select their move in day for August 1 st
or September 1st.
 BB) To complete the move-in checklist on their Entrata account within 24 hours of moving in.
 CC) Only the lease signer may pick up keys to the apartment on their respective move-in date.
 DD) To not possess, consume, or serve alcohol or harmful drugs on the premises. Smoking, vaping, & e-cigarettes
are also not permitted.
 EE) To pay a $25 lock out charge when resident assistance is required to unlock door.

DO NOT SIGN UNTIL YOU READ AND UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS CONTRACT

Resident Signature (Below) Date Landlord: HRA Branbury Park, L.L.C. (Below) Date

_______________________ ________________________________
Branbury Lease Addendum
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

3 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

4 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

5 Kimberlee A Fawson [Link] 01/14/2024 [Link] PM


Guarantor (15161746)

6 Kimberlee A Fawson [Link] 01/14/2024 [Link] PM


Guarantor (15161746)

7 Kimberlee A Fawson [Link] 01/14/2024 [Link] PM


Guarantor (15161746)

8 Kimberlee A Fawson [Link] 01/14/2024 [Link] PM


Guarantor (15161746)

9 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager
The Branbury

HRA PROPERTY RULES, REGULATIONS, AND DISCLOSURES


Resident Name(s): Joshua T Fawson
Floorplan: 4 Bedroom Private
Apartment Number (if assigned):

Use and Likeness: The undersigned hereby irrevocably consents to and authorizes the use The Branbury, its officers
and employees, of the undersigned’s image, voice and/or likeness as follows: The Branbury shall have the rights to
photograph, publish, re-publish, adapt, exhibit, perform, reproduce, edit, modify, make derivative works, distribute, display
or otherwise use or reuse the undersigned’s image, voice and/or likeness in connection with any products or service in all
markets, media or technology now known or hereafter developed in The Branbury’s products or services, as long as there
is no intent to use the image, voice and/or likeness in a disparaging manner. The Branbury may exercise any of these
rights itself or through any successors, transferees, licensees, distributors or other parties, commercial or nonprofit. The
undersigned acknowledges receipt of good and valuable consideration in exchange for this Release, which may simply be
the opportunity to represent The Branbury in its promotional and advertising materials as described above. The
undersigned acknowledges and authorizes the consent for any ward(s) or children under his/her legal guardianship.

Balcony and Patios. Balconies and/or Patios are intended for exclusive use with patio furniture and must be kept clean
and organized at all times. All closets, access points, or panels must be accessible 24 hours a day in case of emergency.
Pets are not allowed to be on the Balconies/Patios unattended and should never be allowed to urinate or defecate inside
the Apartment or on the Balcony/Patio. Residents shall not sweep, rinse, dust or project anything onto or from the
Balconies/Patios.

Alterations that affect the outward appearance of the Community are not permitted. No rugs, hammocks, towels, laundry,
clothing, flags, appliances or other items shall be stored on the Balconies/Patios or hung/draped on railings or walls.
Refrigerators, Freezers, Grills, Barbeques, flammable or combustible liquids/fuels, and any other outdoor cooking or open
flame devices will not be used or stored on Balconies/Patios. Any violations may result in a charge being assessed.

Refund Check Reissue. Any refund check that has to be reissued will result in a $30 charge. This amount will be
reduced from the reissued refund check amount, per reissue occurrence.

Cryptocurrency. Resident agrees to not participate in cryptocurrency mining operations in their apartment..

_______________________________________ _____________________
Resident Signature Date

_______________________________________ _____________________
Resident Signature (if applicable) Date

_______________________________________ _____________________
Resident Signature (if applicable) Date

_______________________________________ _____________________
Agent of Landlord Signature (if applicable) Date
HRA Property Rules Regs Disclosures Conventional
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager
The Branbury

CLASS ACTION WAIVER ADDENDUM

This document is an Addendum and is part of the Rental/Lease agreement, dated 01/03/2024 between The Branbury
(Owner/Agent) and (Resident) for the premises located at , .

ADDENDUM. This Addendum constitutes an Addendum to the above described Lease Contract for the above described
premises. Where the terms or conditions found in this Addendum vary or contradict any terms or conditions found in the
Lease Contract, this Addendum shall control.

CLASS ACTION WAIVER. You agree that you hereby waive your ability to participate either as a class representative or
member of any class action claim(s) against us or our agents. While you are not waiving any right(s) to pursue claims
against us related to your tenancy, you hereby agree to file any claim(s) against us in your individual capacity, and you
may not be a class action plaintiff, class representative, or member in any purported class action lawsuit (“Class Action”),
Accordingly, you expressly waive any right and/or ability to bring, represent, join, or otherwise maintain a Class
Action or similar proceeding against us or our agents in any forum.

Any claim that all or any part of this Class Action waiver provision is unenforceable, unconscionable, void, or
voidable shall be determined solely by a court of competent jurisdiction.

YOU UNDERSTAND THAT, WITHOUT THIS WAIVER, YOU MAY HAVE POSSESSED THE ABILITY TO BE A PARTY
TO A CLASS ACTION LAWSUIT. BY SIGNING THIS AGREEMENT, YOU UNDERSTAND AND CHOOSE TO WAIVE
SUCH ABILITY AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY. THIS CLASS ACTION WAIVER
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS LEASE CONTRACT.

SAVINGS AND SEVERABILITY. If any clause or provision of this Rental Agreement is illegal, invalid or unenforceable
under present or future laws effective during the term, then it is the intention of the parties hereto that the remainder of this
Rental Agreement shall not be affected hereby, and it is also the intention of the parties to this Rental Agreement that in
lieu of each clause or provision that is illegal, invalid or unenforceable, there be added as a part of this Rental Agreement
a clause or provision similar in terms to such illegal invalid or unenforceable clause or provision as may be possible and
be legal, valid and enforceable.

Resident Signature ____________________________________ Date ___________________

Owner Representative _________________________________ Date ____________________


HRA Class Action Waiver Addendum
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager
The Branbury

DAMAGE WAIVER PROGRAM/REQUIRED INSURANCE AND PERSONAL CONTENTS PROGRAM


ADDENDUM TO LEASE AGREEMENT
Damage Waiver Program/Required Insurance

1. This Addendum is attached to and becomes a part of the Residential Lease Agreement (“Agreement”). It supersedes any
provision of the Agreement, and any other addendum to the Agreement, that relates to either your obligations to purchase
insurance covering, or programs offered with respect to, your liability to the Landlord for damage to Landlord’s property.

2. Lessee Liability. Lessee (“Resident” or “you”) acknowledges that you may be personally liable to the Lessor (“Landlord” or “us”)
for the full cost of any damage or loss caused by the action or inaction of you, your occupants, or your guests to the property or
premises (“Property”) of the Lessor (“Landlord” or “we”).

3. Lessee Obligation – Damage Waiver Program or Third-Party Insurance . To protect us in the event you damage our property,
we require for the duration of this Agreement, including any renewals or extensions, that you either (i) are enrolled in our Damage
Waiver Program (“DW/RLIP Program” or “RLIP”), which is described in Sec. 4 below, or (ii) maintain insurance providing at least
$100,000 of coverage per occurrence for your legal liability for damage to the Lessor’s property for no less than the following
causes of loss: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, and falling objects (this
coverage is the Minimum Required Liability Insurance (“MRLI”)), and provide evidence of the policy as described in Sec. 5 below.

In the state of Oregon, all residents will be required to obtain general liability coverage if household income is above 50% of the
area median income. ORS 90.222(8) states that no Resident will be required to obtain or maintain general liability coverage if the
household income of the Resident is equal to or less than 50 percent of the area median income, adjusted for family size as
measured up to a five-person family, as determined by the Oregon Housing Stability Council based on information from the
United States Department of Housing and Urban Development. If, during the duration of the lease term, a Resident and
guarantor’s combined household income changes to be equal to or less than 50 percent of the area median income, adjusted for
family size as measured up to a five-person family, as determined by the Oregon Housing Stability Council based on information
from the United States Department of Housing and Urban Development, the Resident and guarantor are required to notify
Landlord of this change if Resident and guarantor desire to withdraw from RLIP. If Resident and guarantor decide to withdraw
from RLIP, Resident and guarantor must continue to provide proof that they do not meet minimum household income
requirements every 30 days thereafter. If proof is not provided every 30 days thereafter, Resident will automatically be re-
enrolled in RLIP. If a landlord knowingly violates this section, the tenant may recover the actual damages or $250, whichever is
greater.

In the state of Oregon, ORS 90.222(9) states that a landlord cannot require a tenant to maintain renter’s liability insurance if the
tenant’s dwelling has been subsidized by public funds, except federal rent subsidy payments under the Housing Choice Voucher
Program or any federal, state, or local renting housing assistance. If a landlord knowingly violates this section, the tenant may
recover the actual damages or $250, whichever is greater.

4. Auto-Enrollment in the Damage Waiver Program at Inception . Upon execution of your lease you will automatically be enrolled
in the DW/RLIP Program. The total cost for participating in the DW/RLIP Program is based on the following rate schedule:

Monthly Rate Effective Date Monthly Rate per responsible lease signer
7/1/2023 $15
1/1/2025 $16
1/1/2026 $17

Under the DW/RLIP Program, we waive our right to charge or seek reimbursement from you for damages of up to $100,000 per
occurrence to our property due to the negligent action or inaction of you or your occupants or guests for the following causes of
loss: fire, smoke, explosion, backup or overflow of sewer, drain, or sump, water damage, and falling objects (the “Damage
Waiver”). Some important points about the DW/RLIP Program which Resident should understand are:

 The Damage Waiver is not insurance. Through the DW/RLIP Program, the Landlord is foregoing its right to charge or seek
reimbursement from you for the damages described in this Sec. 4. You are responsible for damages due to other causes
and for damages in excess of $100,000 per occurrence due to any cause.
 Neither the DW/RLIP Program nor any insurance maintained by the Landlord itself protects Resident’s personal property
(contents), additional living expenses, liability for personal or bodily injury to anyone, or liability to us for damages beyond
those that are specifically waived in this Sec. 4. If you wish to obtain coverage for any of these potential liabilities, you may
purchase such coverage from an insurance company at any time.
 The DW/RLIP Program may be more expensive than the cost of a Third-Party Policy.
 The principals of Landlord have a financial interest in the DW/RLIP Program. Because of this interest, enrollment in the
DW/RLIP Program will provide the principals of Landlord a financial or other benefit.
 Landlord is not required to offer the DW/RLIP Program and may discontinue it at any time at our discretion.

5. Third Party Policy. Participation in the DW/RLIP Program is not required. If you wish to satisfy your obligations to secure MRLI
by purchasing an insurance policy from an insurer of your choice (a “Third Party Policy”), you may by doing each of the following:

 Obtain a Third Party Policy satisfying the requirements of Sec. 3 from an insurance company you choose.
 Name HRA-[property] as an additional interest on the Third Party Policy
o If your third party insurer notifies additional interests by email, direct them to notify HRA-[property] at
info@[Link]
o If your third party insurer notifies additional interests by physical mail, direct them to notify HRA-[property] at HRA-
[property], P.O. Box 1159, Newport Beach, CA 92659
 Submit evidence of the Third Party Policy, including evidence of the additional interests, to [Link].
 All policies must be resubmitted to [Link] on or before the end date of the policy term to avoid auto-
enrollment into the DW/RLIP Program.

Upon determination that your Third Party Policy meets requirements, your enrollment in the DW/RLIP Program shall cease in the
next billing cycle.

6. Auto-Enrollment in the DW/RLIP Program Upon Non-Compliance . If you provide evidence of a Third Party Policy that
satisfies Sec. 3, and subsequently such policy lapses or ceases to meet our requirements, you may be automatically re-enrolled
in the DW/RLIP Program at the applicable rate indicated in the table in Sec. 4 above.

7. DW/RLIP Program Not Mandatory. Enrollment in the DW/RLIP Program is not mandatory. You may satisfy the MLRI
requirement at any time by complying with Sec. 5.

8. In the event Resident is enrolled in the DW/RLIP Program at any time, Resident agrees to pay Landlord the additional rent in
addition to all other obligations in the Agreement. Resident understands that the DW/RLIP Program will not cover anyone’s
personal property (contents), additional living expenses, liability for personal or bodily injury, or damages to Landlord’s property
beyond those specifically waived in Sec. 4.

Personal Contents Program

1. Auto-Enrollment in the Personal Content Program (“PCON”). Upon execution of your lease you will automatically be enrolled
in the Personal Content Program. The total cost for participating in PCON is based on the following rate schedule:

Monthly Rate Effective Date Monthly Rate per responsible lease signer
7/1/2023 $5
1/1/2025 $5.5
1/1/2027 $6

The PCON is arranged through Habitat. Lessee acknowledges that Habitat is in no way affiliated with Lessor. If Lessee fails to
remit payment of the Additional Fee for the PCON when due, Lessee shall automatically be opted out of the PCON, will not be
allowed to file any claims for loss or damage to the Lessee’s personal property and will be personally responsible for damage to
Lessee’s property whether or not a PCON Opt Out Form is completed. All claims under the PCON shall be processed directly
through Habitat according to Habitat’s instruction, and Lessor shall not be responsible for the processing or payment of any claim.

2. PCON Not Mandatory: Opting Out. PCON is not mandatory. To opt out of PCON, you must complete the PCON Opt Out Form
online at [Link] no later than thirty (30) days prior to Lessee’s next billing cycle.

 By opting out of the Personal Content Program, Lessee acknowledges that he or she shall not be allowed to file any claims
for loss or damage under the PCON and Lessee shall be personally responsible for any and all damage to Lessee’s property
as stated above. Upon execution of the PCON Opt Out Form or Online Opt-Out, Lessee shall not be eligible for coverage
under any PCON until the following Contract Term.

_______________________________________
Lessee/Resident
Date
HRA Damage Waiver Program Required Insurance
and Personal Contents Program Addendum to Lease
Agreement
Signature Details
Signer IP Address Date Signed

1 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

2 Joshua T Fawson [Link] 01/11/2024 [Link] PM


Primary (15156973)

3 Adelin Grover [Link] 01/17/2024 [Link] AM


Owner/Manager

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