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THETA UPSILON FRATERNITY HOUSE

VIEWS: 1 PAGES: 10

									TWO (2) SEMESTER LEASE

                                   FRATERNITY HOUSE
                                  AGREEMENT OF LEASE

         This Lease is made and entered into this 8th day of February, 2012 by and between
Ohio ETA Housing Corporation by its agent, Thacker and Associates, Inc. (hereinafter referred
to as the “Landlord and Agent”, respectively), and

________________________________________ (hereinafter referred to as “Tenant”).
             (Please Print)

1.      DESCRIPTION OF PREMISES AND TERM: Landlord hereby lets and leases unto
Tenant and Tenant hereby lets and leases from Landlord a rental space in the Sigma Phi Epsilon
Fraternity House, 224 E. Church Street, Oxford, Ohio. The subject fraternity house consists of
bedrooms, bathrooms, common areas for living, recreation and study, a hospitality center for
snacks and beverages, a coin operated laundry area and an office for use by the Ohio Eta Chapter
executive board. It is understood that the Tenant’s rental space (hereinafter the “Premises”)
consists of the shared use and occupancy of one of the bedrooms with one other Tenant and the
shared use and occupancy of the common areas with the other Tenants of such fraternity house.

The Premises are to be used and occupied by the Tenant as a residence, for the term consisting of
two separate semesters (hereinafter referred to as the ‘Term”) with the individual Tenant move in
date to be assigned and scheduled at a future date as yet to be determined, for the period
beginning no later than 7 o'clock AM on Friday, August 17, 2012 and ending at 7 o’clock PM on
December 14, 2012, the last day of final examinations of the Miami University first semester and
beginning again forty eight hours prior to the beginning of classes at 7 o'clock AM on Saturday,
January 12, 2013 for the Miami University second semester and ending at 7 o’clock PM on
Friday, May 10, 2013, the last day of final examinations for the Miami University second
semester. It is acknowledged by the parties that Landlord has the superior possessory right to the
leased premises during the Thanksgiving, winter and spring breaks. The Premises is not available
for occupancy or storage during the summer months.

Access to the Premises will not be available during the Thanksgiving, winter, and spring
breaks. The Premises will be secured and the security system enabled at 7 o’clock PM on
the last day of classes of the Miami University at the start of the breaks. The Premises will
be available for occupancy and the security system disabled forty eight hours before classes
resume at the designated end of the breaks. The Premises will not be available from 7
o'clock PM on Tuesday, November 20, 2012 through 7 o'clock AM on Saturday, November
24, 2012 for the Thanksgiving break; 7 o'clock PM on Friday, December 14, 2012 through 7
o'clock AM on Saturday, January 12, 2013 for the winter break; and 7 o'clock PM on
Friday, March 8, 2013 through 7 o'clock AM on Saturday, March 16, 2013 for the spring
break.

It is expressly understood that this Lease is for the entire Term regardless of whether the Tenant
is transferred, ceases to be enrolled in a college or university in Oxford, Ohio, or for any other
reason is unable to continue occupying the Premises. Accordingly, the Tenant’s obligation to pay
rent hereunder (and the Guarantor(s) obligation to insure payment of the same) shall continue for
the entire Term of this Lease and until all sums due Landlord hereunder have been paid in full.

2.     RENT: Tenant, in return for the use of the Premises and in consideration of the
covenants and agreements contained herein, shall pay Landlord the sum of Five Thousand Six
Hundred Dollars ($5,600.00) without offset or deduction. Rent shall be paid at the office of

                                                1
TWO (2) SEMESTER LEASE

Thacker and Associates, Inc., 3996 Oxford-Millville Road, Oxford, Ohio 45056. Checks
tendered for rent shall be made payable to Ohio ETA Housing Company. The rent shall be
paid in two (2) installments as follows:

The first installment of Two Thousand Eight Hundred Dollars ($2,800.00) shall be paid no
later than August 1, 2012. Rent must be paid prior to move-in. In the event the rent is not paid
at the office of Thacker and Associates, Inc. prior to the close of the business day on August 1,
2012, Tenant shall pay a late charge which shall be treated as additional rent in the amount of Ten
Dollars ($10.00) per day. The second installment of Two Thousand Eight Hundred Dollars
($2,800.00) shall be paid not later than December 1, 2012.

If rental payments are mailed, the late charge will be applied to any mail postmarked after the 1 st
day of the month. In the event Tenant elects to pay the rent by check, Tenant shall pay Landlord
a charge of FIFTY DOLLARS ($50.00) for any check returned to Landlord for non-sufficient
funds, or which otherwise fails to clear the issuer’s bank. Said charge shall be due and payable
immediately upon notification to Tenant of such instance and shall be in addition to any late
charges resulting from the check’s failure to clear. The returned check fee shall constitute
additional rental hereunder. Landlord reserves the right at any time during the term hereof to
specify and demand a particular form of payment for all monies due, whether such form of
payment is cash, money order or check; provided however, Landlord shall give Tenant and
Guarantor no less than fifteen (15) days advance notice in the event such election is made by
Landlord. Landlord shall at all times have the right to refuse payment in the form of cash for
monies due hereunder.

Tenant acknowledges that any rent received by Landlord will first be applied to any outstanding
charges (such as late charges, cleaning service fees, telephone charges, return check charges)
incurred by or on behalf of Tenant prior to applying the same to the current semester rent. If the
payment tendered by Tenant fails to cover the total charges outstanding, then Tenant shall
immediately pay the difference, plus any late charge incurred by virtue of Tenant’s failure to
timely pay all sums due from Tenant to Landlord.

If you are a Tenant who is the recipient of financial assistance and your first and/or second
semester rent payment will be delayed proof of financial assistance is required and must be
submitted no later than the August 1, 2012 and/or the December 1, 2012 payment deadline.

A tenant needing to provide proof of the financial assistance that the Tenant will be receiving for
the semester to sufficiently cover the Tenant's rent, may submit a copy of the Tenant's Account
Summary by Term from BannerWeb or provide copies of the Tenant's Bursar eBill and award
letter indicating an overage amount. A Tenant's Account summary by Term shows current
charges and disbursed financial aid. A Tenant with private loans can provide documentation
directly from the lender verifying the loan amount and the loan period.

A Tenant may obtain an Account summary by Term by accessing BannerWeb as follows:
1. Access the main Menu and select "Student Services & Financial Aid";
2. Select "Student Records";
3. Select "Account Summary by Term" and print;
4. Make sure that the current term is the first listed on the page and that your account balance
shows a negative amount. The landlord may not accept the copy of your account summary unless
it is showing you have a negative balance amount.



                                                 2
TWO (2) SEMESTER LEASE

The Ohio Eta Housing Company reserves the right not to accept these documents should there
validity be questionable. the Office of Student Financial Assistance will not provide account
summaries, Bursar eBills, award letters, etc. directly to Ohio Eta Housing Company; it is the
responsibility of the Tenant to submit the needed documentation directly to
Thacker and Associates, Inc. the authorized agent for Ohio Eta Housing Company. If you have
any questions regarding proof of financial assistance, please contact the Miami University Office
of Student Financial Assistance at 513-529-8734.

3.      SECURITY DEPOSIT:                 Tenant is required to deposit with Landlord a security
deposit of Four Hundred Dollars ($400.00) to secure the performance of Tenant’s obligations
hereunder. Said security deposit is due and payable at time lease is executed. Failure of
Lessee to deliver said deposit at the aforesaid time will allow Lessor, at Lessor’s sole discretion,
to cancel said lease upon notification of the same delivered to Lessee, thereby rendering this
Lease Agreement, null, void, and no effect. Landlord shall have the right, but not the obligation,
to apply the security deposit in whole or in part to the payment of any unpaid rent or other
charges due from Tenant under the terms of this Lease. Landlord’s right to possession of the
Premises for nonpayment of rent or for any other breach of this Lease by Tenant shall not be
affected by the fact that Landlord holds a security deposit. Upon expiration or termination of this
Lease, and upon surrender of the Premises to Landlord pursuant to the conditions set forth in
Paragraph 16 below, and upon full payment of all sums due Landlord hereunder, the security
deposit or any portion thereof remaining unapplied shall be returned to Tenant.

4.      CONDITION OF PREMISES:                   Tenant hereby acknowledges that as of the
beginning of the Term the Premises and its furnishings and fixtures (including but not limited to
__________________________________________________) are in good repair and tenantable
condition, except as otherwise specifically noted on Exhibit “B” which is completed at move-in.
A copy of Exhibit “B” can be provided when requested.

5.      TENANT’S OBLIGATION AND RESPONSIBILITIES: Tenant agrees to keep and
maintain the Premises in good and clean condition, excepting reasonable wear and tear, and to
make no alternations, repairs or additions thereto without the prior written consent of the
Landlord or the Agent. The Tenant will keep the sinks, lavatories and commodes open and will
immediately report any malfunctions to the Ohio Eta Chapter's Vice President of Operations who
will in turn report malfunctions to the Property Manager. The Tenant shall reimburse the
Landlord for the cost of all repairs made necessary by, or resulting from, Tenant’s abuse or
careless use of the Premises.

Tenant shall be liable for and shall pay all costs and expenses for damages to the bedroom
leased to Tenant (including, but not limited to, replacing or repairing all broken or
damaged furnishings or fixtures, and any defacement or damage to walls, ceilings, floors,
windows and ingress/egress doors and hardware) regardless of whether such damage is
caused by Tenant or Tenant’s guests, invitees and others or by other tenants of the house,
their guests, invitees and others.

It is understood that Tenant will be occupying the fraternity house jointly with other Tenants, and
Tenant shall also be held liable for a pro rata share of any damages to the common areas of the
Premises and its furnishings, fixtures, walls, ceilings, floors, windows and doors and hereby
covenants and agrees to pay the same unless the party solely responsible for such damages can be
reasonably ascertained. Accordingly, Tenant must exercise responsibility to see that the entire
common areas of the premises and the Tenant's shared bedroom unit is maintained in good order
and repair. Tenant shall immediately report to the Ohio Eta Chapter's Vice President of

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TWO (2) SEMESTER LEASE

Operations who shall immediately report to the Property Manager any acts of vandalism to the
interior or exterior of the Premises. Tenant shall promptly report to the Ohio Eta Chapter's Vice
President of Operations who shall report to the Property Manager any repairs which need to be
made to the interior or exterior of the Premises.

Although tenant may have visitors from time to time, it is understood that occupancy of the
Premises is expressly reserved for Tenant only, and any persons occupying the Premises as a
guest for more than three (3) days total during the Term shall be treated as guests only if the
Property Manger is notified in writing by Tenant and consents thereto. Otherwise, the occupancy
of the Premises by an unauthorized guest in excess of said three (3) day period shall be deemed a
breach of this Lease, and Landlord shall be entitled to recover from the Tenant and guest (whose
liability shall be joint and several) an amount of rent equal to that being paid by Tenant, in
addition to the right of Landlord to declare the Lease in default and pursue any of Landlord’s
other remedies hereunder or by law.

6.       LIABILITY: Neither Landlord nor Agent shall be liable for any personal conflict or
personal injury to Tenant or damage or loss to Tenant’s property, including but not limited to any
injury, loss or damage caused by burglary, assault, vandalism, theft or any other crimes. All
personal property placed in or kept on the Premises, or in any storage room or space, or
anywhere on the adjacent property of Landlord shall be at Tenant’s sole risk and Landlord
shall not be liable for any damages to, or loss of, such property. Tenant is encouraged to
secure apartment-dwellers or similar insurance to cover any loss or damage to personal
property. Upon termination of the lease Term, all personal property of the Tenant shall be
removed from the leased premises. Any such property remaining on or inside said leased
premises shall be considered to be abandoned and shall be disposed of by landlord without
notice nor compensation to Tenant.

7.      LANDLORD’S RIGHT OF INSPECTION AND ENTRY: Tenant agrees that the
Landlord, its Agent or Property Manager or representative may enter the Premises at reasonable
hours for the purpose of making inspections and repairs. A maintenance or management request
by one of the co-tenants of the fraternity house occupied by Tenant shall constitute permission for
the Landlord to enter the Premises. Tenant shall reimburse Landlord for the cost of the cost of
any repairs attributable to or caused by Tenant’s abuse, carelessness, or misuse for the Premises
and Landlord shall invoice the Tenant for the costs of any such repairs, including a reasonable
charge for management overhead, which charges shall constitute additional rent.

8.       ASSIGNMENTS OR SUBLETTING: Tenant shall not allow anyone to share the
Premises, nor shall Tenant assign, sublet or transfer his interest in the Premises, or any part
thereof, without the Landlord’s written consent.

9.       USE OF PREMISES; COMPLIANCE WITH LAWS, FRATERNITY AND
UNIVERSITY REGULATIONS:                  Tenant shall use and occupy the Premises as a private
dwelling and for no other purposes. Tenant agrees to abide by all governmental laws, orders and
regulations and to avoid disruptive behavior or conduct. If Tenant is arrested and charged with a
violent crime, landlord may, at its sole discretion declare the Tenant in breach of this lease and
may bar Tenant from premises. Additionally, Tenant also agrees to obey, the rules and
regulations outlined in Miami University’s Student Code of Conduct or similar instrument(s), and
failure to do so may, at Landlord’s sole discretion, be deemed to be a breach of this Lease by
Tenant. Further, Tenant agrees to abide by all rules and regulations or other appropriate
instruments of this fraternity; Tenant’s failure to do so may, at Landlord’s sole discretion, be
deemed to be a breach of this Lease by Tenant.

                                                4
TWO (2) SEMESTER LEASE


Tenant agrees to observe and abide by all the above identified rules and regulations and all rules
and regulations that are hereafter made a part of this Lease, and to observe all reasonable rules
and regulations which may be promulgated in the future, in writing, by Landlord.

10.       SERVICES: Neither Landlord nor Agent shall be liable for loss or damages resulting
from the interruption of heat, electricity, water, sewer, cable television, Internet, or any other
utility services, or for the malfunction of machinery or appliances serving the Premises. Neither
Landlord not Agent shall be liable for injury or damage to person or property caused by any
defect in the heating, gas, electrical, water, or sewer systems serving the Premises. In no event
shall Landlord or Agent be liable for damages or injury to persons or property caused by wind,
rain, fire or other acts of God, and Tenant hereby expressly waives all claims for such injury, loss
or damage.

11.    INTERNET USE AGREEMENT: Tenant agrees to abide by all rules and regulations
promulgated regarding the use and management of the Internet services and equipment..

12.     BREACH, ABANDONMENT, FORFEITURE AND TERMINATION:                                  Upon
Tenant’s failure to make any payment of rent when due, or upon Tenant’s breach of any other
terms, covenants, agreements or conditions herein contained or if Tenant abandons or vacates the
Premises prior to the expiration of the Term, then, at its sole option Landlord may peacefully re-
enter and repossess the Premises and remove and put out Tenant and Tenant’s personal property
in the manner allow by Ohio law. In the event of such re-entry and repossession by the Landlord,
Tenant shall be liable for all costs, fees and damages incurred by Landlord and such re-entry shall
not be deemed an acceptance by the Landlord or a surrender of any rights of Landlord or
otherwise constitute a release of Tenant from the terms of this Lease.

It is intended that Landlord’s remedies shall be broad as permitted under Ohio law and shall
include, without limitation, (a) the right to cancel this Lease, reserving the right to collect any
unpaid rents, charges, and assessments for damages to the Premises; or (b) the right to accelerate
the then entire unpaid balance of the rent for the Term of this lease then remaining, or, the right to
standby and collect rental payments as they become due; or (c) the right to sublease and rent the
Premises for the account of the Tenant, in which event the proceeds from sub-letting shall be
applied first to the cost of sub-letting (including advertising and commissions), second, to the cost
of repairing any damage to the Premises, and third to the Tenant’s rental obligations hereunder,
with the Tenant and Guarantor(s) remaining fully responsible for any deficiency in the rental
payments for the remainder of the Term. The exercise of any one remedy shall not be deemed
exclusive of the right to collect the entire amount of unpaid rent or damages, or of the Landlord’s
right to avail itself of any remedy allow by Ohio law.

In the event of a default hereunder, the Landlord may employ an attorney to enforce Landlord’s
rights hereunder, and all reasonable fees and costs incurred by Landlord shall be paid by Tenant.

13.      DAMAGE TO THE PREMISES:                   If the Premises are partially destroyed by fire or
other casualty not attributable to the negligence or carelessness of the Tenant or Tenant’s guest or
invitees, the Premises shall be promptly restored and repaired by the Landlord and any rent for
the period that the Premises are untenantable shall abate unless Landlord provides Tenant with
suitable alternative living space in which event rent will not be abated. If, however, the Premises
are substantially destroyed, then this Lease may be terminated by either Landlord or Tenant, in
which event the rent due hereunder shall cease to accrue as of the date of such damage or
destruction. Notwithstanding the foregoing, it is expressly understood and agreed that Tenant

                                                  5
TWO (2) SEMESTER LEASE

shall not be excused from paying rent if the damage or destruction to the Premises is the result of
or attributable to the negligence or carelessness of Tenant or the guests or invitees of Tenant, and
Tenant shall be charged for the cost of any repairs or clean-up attributable to Tenant’s
carelessness or negligence.

In the event of fire or other casualty, the Tenant shall immediately notify the Property Manager.
Tenant agrees to maintain his or her own insurance on personal property, furniture, clothing, and
valuables kept by Tenant in or about the Premises and Landlord shall have no liability with
respect to the same whether such items are lost or damaged by theft, fire or other casualty.

14.     PARKING, COMMON AREAS, AND PORTABLE HOUSEHOLD APPLIANCES:
        Various areas of the Sigma Phi Epsilon Fraternity House are designated and intended for
the use in common by all tenants, including the parking areas, walkways, outdoor space and any
other amenities made available by the Landlord. Tenant agrees to abide by the Rules and
Regulations governing the Sigma Phi Epsilon Fraternity House. Parking spaces in the parking
lot are to be allocated in accordance with the Chapter’s in house regulations. Vehicles
awarded parking spaces shall display a parking permit sticker on the left rear bumper at all
times. At no time shall the dumpster be blocked. All illegally parked vehicles will be towed
at the vehicle owner’s expense. Signage to this effect is posted.

The stairways, entry passage halls, and public corridors shall not be obstructed by Tenant or used
by them for any purpose other than ingress or egress. No items of any type are to be placed in
the passage halls, stairways, or, public corridors at anytime. A fine of $50.00 per violation
will be levied against the Chapter unless the party or parties determined to be responsible
are identified. No one is permitted on the roof. No one is permitted in the attic area of the
building. If Tenant, or his guest or invitee, is observed at any time to be on the roof or the
attic area of said Premises, the entire security deposit shall be forfeited.

Only furniture that is expressly designed by the manufacturer for outdoor use shall be permitted
on the front porch and rear patio. No furniture of any kind is permitted on or in the yard. Said
furniture shall be removed from the Premises at the Tenant’s expense. Any fines or court
costs levied by the City of Oxford or the Courts for such a violation shall be the
responsibility of the Tenant.

Portable household cooking appliances such as microwave ovens, toaster ovens, hot plates,
electric grills, griddles, electric kettles, coffee pots and steamers are strictly forbidden as
cooking in tenant rooms or areas other than the common hospitality area is
not permitted. Said items when discovered will be confiscated and removed from the
premises and a $50.00 fine levied per appliance per violation. Confiscated appliances will
be returned to the tenant at the end of the semester. However, for second violations, the
levied fine is doubled to $100.00 per appliance per violation and the confiscated appliance(s)
will be removed from the premises and will not be returned

Tenant shall under no circumstances turn the heat off completely to said Premises, nor shall
Tenant keep the windows open to said Premises. When departing for any break or vacation,
Tenant shall close and lock all windows and set the thermostats at not lower than 55˚F. If
damage to pipes, and subsequently to other portions of the Premises occurs, due to Tenant’s
failure to comply with this term of the Lease, said damage shall be responsibility of the Tenant.

15.     PARENTAL OR SPONSOR’S GUARANTY:                    The Landlord requires, as a
condition of this Lease, a binding Parental or Sponsor’s Guaranty (the “Guaranty”) which

                                                 6
TWO (2) SEMESTER LEASE

Guaranty constitutes an essential inducement for the granting of this Lease by Landlord.
Landlord reserves the right to cancel this Lease in the event such Guaranty is not fully executed,
notarized, and returned to the Agent within fifteen (15) days from the date of the execution of this
Lease by Tenant, or if Guaranty is not fully executed, notarized and returned to the Agent prior to
occupancy, whichever time period is shorter. Tenant understands that the Guaranty must be
obtained directly from the parent or sponsor and that Landlord reserves all rights, both civil and
criminal, for any false execution or forgery of the Guaranty. Tenant acknowledges that this Lease
is for an essential necessity of Tenant, and that Tenant shall be fully bound by all of the terms and
conditions hereof irrespective of Tenant’s age or legal status. The execution of the Guaranty
constitutes an additional insurance to Landlord of the performance of the covenants of this Lease
and shall not be construed as a release of Tenant’s responsibilities and obligations hereunder.

16.      PET POLICY: Pets are not allowed on the Premises. Failure to observe this rule will
constitute a breach of this agreement on the part of the Tenant and an eviction notice will be
issued to all Tenants. Tenant agrees that if a pet is found on said premises, the entire security
deposit and damage deposit shall be retained by Agent as payment for damages. This will be
strictly enforced. Any pets found on the Premises will automatically forfeit all deposits and
will result in immediate eviction.

17.      CONDITION OF THE PREMISES: Tenant hereby accepts the demised Premises in
its present condition at the date of the execution of this Lease with the exception that it will be
cleaned, painted where needed and any obvious repairs will be completed prior to occupancy.
Any specific repairs desired by Tenant prior to Tenant’s taking occupancy should be requested in
writing as a condition of this Lease. Upon occupancy and use of the Premises, Tenant may create
a maintenance list of items that need to be addressed that may not have been discernable by the
Landlord, Agent or Property Manager or representative; said list shall be delivered to Landlord,
Agent, or Property Manager or representative within seven (7) days of occupancy. Landlord,
Agent or Property Manager will address these maintenance issues within fourteen (14) days of
receipt of said list.

Tenants shall maintain said premises and the walls, ceilings, floor, woodwork, paint, wallpaper,
plastering, plumbing, pipes, fixtures, globes and glassware, and appurtenances thereto in said
premises in a clean, sightly and healthy condition, at Tenant’s own expense. Said property shall
be delivered back to Landlord, upon vacating the Premises, whether such vacating shall occur by
expiration of the lease, or in any other manner whatsoever, in the same condition of cleanliness,
repair and sightlines as of the date of execution of this Lease. Hereof, reasonable usage accepted
or loss by fire excepted where caused without fault on the part of the Tenant, security deposit less
any unpaid rent or damages.




18.     DEDUCTIONS:              Tenant agrees to pay the following charges for damages:

        (a)     Clogged lavatories, urinals, toilets, or shower drains shall be charged a minimum
                of Eighty-five Dollars ($85.00) or actual cost per statement of repair person.
        (b)     Broken toilets, toilet seats, toilet stalls, showers, mirrors, lavatories, plumbing
                fixtures and countertops shall be charged based upon the estimate and/or cost to
                repair or replace the items(s).


                                                 7
TWO (2) SEMESTER LEASE

        (c)     Any room key lost or not returned shall be cause for the replacement of the
                room’s entire lockset at the rate of Two Hundred Seventy-five Dollars ($275.00)
                and charged against the Tenant who did not return the room key.
        (d)     The single master key that is assigned to the Chapter President and the
                Chapter Executive Board if lost, stolen or not returned will cause it to be
                necessary to change all locksets within the fraternity house at a minimum
                cost of Five Thousand Dollars ($5,000.00) and billed at the actual cost per
                statement for the lock replacement.
        (e)     Repairable damages to Tenant room doors and hardware shall be charged based
                upon the estimate or actual cost to repair. The room Tenants shall share the cost
                to repair the door and/or hardware
        (f)     Replacement of a Tenants room door due to irreparable damage shall be charged
                a minimum of Eight Hundred Fifty Dollars ($850.00) to replace the door and
                hardware. The room Tenants shall share the cost to replace the door and
                hardware.
        (g)     Removal of an unauthorized locking device from a Tenants room door shall be
                charged to the room Tenants at a minimum of One Hundred Twenty-five Dollars
                ($125.00). The room Tenants shall share the cost for removal of the locking
                device. The actual cost to refinish the door after the locking device is removed
                shall be charged to Tenants.
        (h)     Carpet cleaning shall be based upon the actual estimate or cost to clean the
                carpet; cost to remove chewing gum from carpet $15.00 per spot.
        (i)     Carpet burns or tears shall be charged based upon the estimate of the cost to
                repair or replace.
        (j)     Dirty or damaged walls shall be charged based upon the estimate of the cost to
                clean, repair or paint.
        (k)     Hospitality common area refrigerator, double wall ovens , microwaves, warming
                drawers, dishwashers not cleaned shall be charged at a minimum of Thirty-five
                ($35.00) per appliance or actual cost per statement of cleaning person. (This
                applies to the appliances in the hospitality area NOT the tenant’s individual room
                refrigerator.)
        (l)     Removal of trash or garbage left on the premises shall be charged at a minimum
                of Seventy-five Dollars ($75.00) or actual cost per statement of cleaning person.
        (m)     Cleaning of premises shall be charged at the rate of Twenty Two Dollars
                ($22.00) per hour per person or the actual cost of cleaning.
        (n)     Damaged or missing smoke detectors, evacuation maps, fire alarms, exit signs,
                emergency lighting and fire extinguishers shall be charged at the actual cost of
                the labor and material to replace each of those items.

Any items not specifically mentioned in the preceding list, shall be charged to the Tenant at the
estimated cost of the replacement. If, during the term of the Lease, Landlord, Agent or Property
Manager or representative, finds that excessive damages had been done to the Premises, letters
will be sent to the Guarantor to inform them of the status of such damage. The intent of these
letters is to inform the Guarantor of damage during the Tenant’s occupancy. Responsibility for
restitution will be offered to the Guarantor before Landlord, Agent or Property Manager or
representative seeks legal action.

19.      NOISE:          No Tenant or his guest shall cause excessive noise or disturbances at any
time. No loud radio, television, or stereo before 8:00 am or after 10:00 pm will be permitted, so
as not to disturb other Tenants or neighbors. Tenant will be courteous of his neighbors and will
respect their rights.

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TWO (2) SEMESTER LEASE


20.    LOCKS: No additional locks shall be put on any door without permission of the
Landlord, Agent or Property Manager or representative.

21.     GARBAGE OR REFUSE:                All garbage or refuse must be disposed of in a proper
manner. The City will pick up refuse on designated day(s) during the week. Tenant shall be
provided with information relative to the garbage and refuse pick up upon Tenant’s occupancy of
the Premises. Tenant is responsible for maintaining the exterior of the Premises. If Landlord,
Agent, Property Manager or representative receives notification from City, said Landlord, Agent,
Property Manager or representative shall notify Tenant and Tenant shall have four (4) hours to
clean up said property. Should Tenant fail to do so, Landlord, Agent, Property Manager or
representative shall clean the Premises at Tenant’s expense.

22.       UTILITIES: Tenant shall be responsible for the following utilities: cable or other media
services, Internet connection services, telephone, electric, water, sewage, refuse and natural gas.
Tenant agrees to install these specific utilities in Tenant’s name by contacting the appropriate
utility offices. Tenant shall pay promptly all utility invoices. Landlord shall furnish all other
utilities not specifically identified previously herein. Tenant shall conserve all utilities.

23.      NORMAL HOUSEHOLD MAINTENANCE: Responsibility for normal household
maintenance shall fall upon Tenant, including such repairs as: replacement of light bulbs,
resetting of circuit breakers, cleaning of carpets, sinks, commodes, replacement of appliance light
bulbs, replacement of smoke alarm batteries that expire during the tenancy, replacement costs of
any fire extinguisher that is discharged or loses its pressure during said tenancy.

        The clearing of drains in exterior stairwells is the responsibility of the tenants. Keeping
the exterior stairwells free of obstruction at all times as required by Ohio law is also the
responsibility of the tenants.

24.     COMPLIANCE WITH OHIO LAW; SEVERABILITY:                            Ohio law shall apply to
this Lease. Landlord intends this lease to be in compliance with the laws of the state of Ohio.
Any rights remedies contained in this lease shall be cumulative to any rights or remedies
specified under the laws of Ohio. If any provision of this lease is held invalid, the validity of the
remaining provisions shall not be affected. This lease shall be construed as though such invalid
provisions had been omitted.

25.     TENANT OBJECTION NOTIFICATION: Tenant shall, within five (5) days after
occurrence, notify Landlord, in writing, of any alleged violation by Landlord of any of its
objections arising under this lease or otherwise. Landlord has designated THACKER AND
ASSOCIATES, INC. as its agent for the purposes of managing and operating the Sigma Phi
Epsilon Fraternity House, and for exercising any of Landlord’s rights hereunder. Any notices or
demands to Landlord, whether pursuant to this Lease or otherwise, must be in writing and must
be delivered by hand delivery or certified mail, Return Receipt Requested, to: THACKER AND
ASSOCIATES, INC., 3996 Oxford-Millville Road, Oxford, Ohio 45056. The failure of Tenant
to make such notification in writing, within the time prescribed shall constitute a total and
complete waiver of said objection and shall not be alleged by Tenant as any grounds for
nonperformance of any provision of this lease in a court of law or otherwise.

26.     WAIVER: One or more waivers of any covenant or condition by Landlord shall not be
construed as a waiver of a subsequent breach of the same covenant or condition and the consent
or approval by Landlord to or of any act by Tenant requiring Landlord’s consent or approval shall

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TWO (2) SEMESTER LEASE

not be deemed a waiver nor render unnecessary Landlord’s consent or approval to or of any
subsequent similar act by Tenant.

27.      CIVIL RIGHTS: It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of
Section 4112.02 of the Ohio Revised Code and the Federal Fair Housing Law,42 U.S.C.A. 3601,
to refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse
to negotiate for the sale or rental of housing accommodations, or otherwise deny or make
unavailable housing        accommodations because of race, color, religion, sex, familial status as
defined in section 4112.01 of the Revised Code, ancestry, military status as defined in that
section, disability as defined in that section, or national origin or to so discriminate in
advertising the sale or rental of housing, in financing of housing, or in the provision of real estate
brokerage services.

It is also illegal, for profit, to induce or attempt to induce a person to sell or rent a dwelling by
representations regarding the entry into the neighborhood of a person       or persons belonging to
one of the protected classes.
                                                                    (Effective 3/25/2008)

                                     ACKNOWLEDGEMENT

TENANT HEREBY ACKNOWLEDGES THAT HE HAS READ THIS LEASE AGREEMENT,
THE RENTAL APPLICATION AND THE RULES AND REGULATIONS.          TENANT
UNDERSTANDS THAT THE RULES AND REGULATIONS MAY BE AMENDED FROM TIME
TO TIME AND ARE FOR THE PURPOSE OF PROTECTING THE PREMISES AND
PROVIDING FOR THE SAFETY AND WELL BEING OF ALL OCCUPANTS OF THE
PREMISES AND AFFIRMS THAT TENANT WILL IN ALL RESPECTS, COMPLY WITH THE
TERMS AND PROVISIONS OF THIS LEASE AGREEMENT. TENANT ACKNOWLEDGES
THAT THIS LEASE IS A LEGAL DOCUMENT AND IS INTENDED TO BE ENFORCEABLE
AGAINST TENANT AND ANY GUARANTOR IN ACCORDANCE WITH ITS TERMS AND
CONDITIONS. TENANT SHOULD SEEK COMPETENT LEGAL ADVICE IF ANY PORTION
OF THIS LEASE AGREEMENT OR RELATED DOCUMENTS IS NOT CLEAR OR
OTHERWISE UNDERSTOOD BY TENANT.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the day and
year first above written.

CAUTION – IT IS IMPORTANT THAT YOU THROUGHLY READ THIS LEASE BEFORE YOU
SIGN IT.

TENANT’S SIGNATURE:__________________________________ DATE: ______________

TENANTS PRINTED NAME:


GUARANTOR’S SIGNATURE:                                              DATE:

GUARANTOR’S PRINTED NAME:


LANDLORD: THE OHIO ETA HOUSING COMPANY

BY:                                                         TITLE       DATE




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