APARTMENT RENTAL AGREEMENT

APARTMENT RENTAL AGREEMENT THIS AGREEMENT made the day of , [year], is between (hereinafter called “Management”) and (hereinafter called “Resident”). Management leases to Resident, and Resident rents from Management, apartment no. , located at , , Georgia (hereinafter called “apartment”) at Apartments, located at , , Georgia (hereinafter called “premises”) under the following conditions: 1. TERM: The initial term of this lease shall be year(s), beginning at 12 noon, , [year], and ending at 12 noon, , [year]. 2. POSSESSION: If there is a delay in delivery of possession by Management, rent shall be abated on a daily basis until possession is granted. If possession is not granted within seven (7) days after the beginning day of initial term, then Resident may void this agreement and have full refund of any deposit. Management shall not be liable for damages for delay in possession. 3. RENT: Rent is payable monthly to Management in the sum of and no/100 Dollars ($ ) per month on the first day of each month during the initial or extended term of this agreement at the office of Management or such other place as Management may designate. All rent shall be paid by cash, personal check, cashier's check, certified funds or money order. Management shall have the right to refuse any tender of payment in cash. As a convenience to Resident, payments may be made or tendered by personal check issued and drawn on Resident's personal account, and at Management's option, no third party checks will be accepted or considered a proper tender or payment of rent. Only after total rent is received will rent payments be accepted. Any additional sums or charges due from Resident because of a breach or violation of this rental agreement shall be due as additional rent. Such additional sums or charges shall include, but are not limited to, damages exceeding normal wear and tear to apartment or to apartment community property when such damages are caused by Resident or Resident's family, occupants, guests or invitees. 4. LATE PAYMENTS AND RETURNED CHECKS: Time is of the essence of this agreement. After the third day of the month rent shall be late, and a late charge of Dollars ($ ) shall be due as additional rent. If Management elects to accept late rent, Resident shall tender all late rents, dispossessory warrant costs, and administrative filing fees to Management only by cashier's check, certified check or money order. In the event Resident's rent check is dishonored by the bank, Resident shall pay Management Dollars ($ ) as a handling charge in addition to rent and late charges. Returned checks (NSFs) shall be redeemed by cash or cashier's check, certified check or money order. After any rent check is dishonored, Resident shall pay all future rents and charges only by cashier's check, certified check or money order. 5. SECURITY DEPOSIT: Resident agrees to deposit Dollars ($ ) with Management before taking possession of apartment as security for Resident's fulfillment of the conditions of this agreement. Deposit will be returned to Resident within thirty (30) days after apartment is vacated if: (a) Lease term has expired or this agreement has been terminated by both parties; and (b) Resident satisfies a sixty (60) day written notice to vacate; and (c) All monies due Management by Resident have been paid; and 1 (d) Apartment is not damaged and is left in its original condition, normal wear and tear excepted. Deposit may be applied by Management to satisfy all or part of Resident's obligations, and such act shall not prevent Management from claiming damages in excess of the deposit. Resident agrees not to apply the deposit to any rent payment, and also agrees to pay Dollars ($ ) for re-keying locks if all keys are not returned. Resident's security deposit will either be protected by a surety bond on file with the clerk of the Superior Court of the County in which the property is located or be deposited by Management in Escrow Account No. at . In the event that Management elects to deposit Resident's security deposit in an interest-bearing account, Resident acknowledges that any interest earned on such deposit shall belong to Management. Resident acknowledges that Management has complied with the Georgia Security Deposit Law, and that Resident has been given a properly signed list of any existing damages to apartment, given the right to inspect the same, and has approved said list, except as previously specified in writing to Management. 6. RENEWAL TERM: Either party may terminate this agreement at the end of the initial term by giving the other sixty (60) days written notice prior to the end of the term. If notice is not given, then this agreement will be extended on a sixty (60) day basis with all terms remaining the same until terminated, as of the last day of a calendar month, by either party upon sixty (60) days written notice. Resident agrees that at the end of the initial term of this rental agreement (as specified in Paragraph 1), or at any time thereafter, Management shall have the right to increase the rent due under Paragraph 3 by giving the Resident seventy-five (75) days written notice, and such increase shall not terminate this rental agreement. 7. EARLY TERMINATION: Provided Resident is not in default hereunder at the time of giving the notice and strictly complies with all the provisions of this paragraph, Resident may terminate this agreement before the expiration of the initial term by: (a) Giving Management thirty (30) days written notice on or before the day rent is due as shown in Paragraph 3 above; and (b) Paying all monies due through date of termination; and (c) Paying a cancellation fee equal to Dollars ($ ); and (d) Forfeiting the security deposit (if any). Resident's election for early termination shall not relieve Resident of his/her responsibilities and obligations regarding any damage to apartment. 8. NO ASSIGNMENT OR SUBLETTING: Resident may not sublet apartment or assign this rental agreement without prior written consent of Management. 9. DISCLOSURE: , whose address is , is authorized to act on behalf of Management with respect to this agreement, to manage apartment and premises and is Management's duly designated agent for service of process with respect to any matter arising under this agreement. 2 10. UTILITIES: Resident is responsible for the payment of all utility charges for apartment, including but not limited to, electricity, natural gas, water and sewer, cable TV, and telephone. Resident agrees to put all utilities in his/her name immediately upon signing this agreement and promptly pay same when due. Resident acknowledges that continued occupancy of apartment in which any utility services have been cut off is hazardous. Resident agrees not to terminate, cut off, interrupt, or discontinue any utility services to apartment including, but not limited to, electricity, natural gas, sewer, sanitation or water. Resident agrees to pay for water and wastewater, which includes, where applicable, a one (1) time deposit, flat fees, and increases as determined and billed by the local bulk supplier. Resident agrees that these charges and late fees associated with the utility billing will be charged as additional rent. Breach of this provision shall constitute a default by Resident, and Management shall have the right to terminate this agreement immediately and to obtain possession of apartment. Any charges billed to Management for utilities due to Resident's breach of this provision shall be due as additional rent. 11. FIRE: If apartment is made uninhabitable by fire not the fault of Resident, this agreement shall be terminated. 12. HOLD OVER: Resident shall remove all of Resident's property and deliver possession of apartment in a clean condition and good order and repair to Management upon termination or expiration of this agreement. In the event the Resident fails to vacate premises after termination, non-renewal, or expiration of this rental agreement, then Resident shall pay Management an amount equal to two (2) times the existing rental rate, prorated by the day for each day held over and beyond the term or expiration of this agreement in addition to the other damages provided for under this agreement. After termination or expiration of this agreement, Resident shall be deemed to be a tenant at sufferance. 13. RIGHT OF ACCESS: Management shall have the right of access to apartment, without notice, for inspection and maintenance during reasonable hours. In case of emergency, Management may enter at any time to protect life and prevent damage to the property. Resident authorizes Management to show apartment to prospective renters after Resident has given notice of termination. 14. USE: Apartment shall be used for residential purposes only and shall be occupied only by the person(s) named in Resident's application to lease. Substitution or addition of any occupants will be allowable only with prior written consent of Management. Apartment shall be used so as to comply with all state, county and municipal laws and ordinances. Resident shall not use apartment or permit it to be used for any disorderly or unlawful purpose or in any manner so as to interfere with other Residents' quiet enjoyment of their apartments. 15. PROPERTY LOSS: Management shall not be liable for damage, theft, vandalism, breakage of glass, or other loss of any kind to Resident's personal property or to the personal property of Resident's family members or guests, except where such damage is due to Management's gross negligence or intentional misconduct. It is understood and agreed that Management shall not be responsible or liable to Resident or to those claiming by, through or under Resident for any loss or damage to either person or property that may be occasioned by or through the acts or omissions of persons occupying adjacent connecting or adjoining premises, or by or through the acts or omissions of third parties. Resident agrees to maintain comprehensive insurance 3 covering loss or damage to person or property, including, but not limited to, insurance on personal property or property of other persons from protection of loss due to or caused by theft, vandalism, damage to vehicles, bursting or breaking pipes, fire, windstorm, hail, flooding, leakage, steam, snow, or ice, running water, backing up of drainage pipes, seepage or the overflow of water or sewage on the property of which Resident's apartment is a part. Resident agrees to look only to his/her insurance for any loss or damage to Resident's property or person. Such insurance shall be maintained by Resident for Resident's benefit as well as for the benefit of Management. Management shall not be responsible or liable for any injury, loss or damage to any Resident or person or any property of Resident or other person caused by or resulting from the aforementioned occurrences. 16. PETS: No animals, birds or pets of any kind shall be permitted in apartment without prior written consent of Management. 17. INDEMNIFICATION: Resident releases Management from liability for and agrees to indemnify Management against all losses incurred by Management as a result of (a) Resident's failure to fulfill any condition of this agreement; (b) any damage or injury happening in or about apartment or premises to Resident's invitees or licensees or such person's property unconnected with Management's negligence; (c) Resident's failure to comply with any requirements imposed by any governmental authority; and (d) any judgment, lien or other encumbrance filed against apartment as a result of Resident's actions. 18. FAILURE OF MANAGEMENT TO ACT: Failure of Management to insist upon strict compliance with the terms of this agreement shall not constitute any waiver of Management's right to act on any violation. 19. REMEDIES CUMULATIVE: All remedies under this agreement or by law or in equity shall be cumulative. In a civil suit or dispossessory warrant for any breach of this agreement, the prevailing party shall be entitled to attorneys' fees in the amount of fifteen percent (15%) of principal and interest owing and all expenses of litigation, including but not limited to court costs, dispossessory warrant costs and administrative filing fees. 20. NOTICES: Any notice required by this agreement, except as otherwise set forth in Paragraph 6, shall be in writing and shall be deemed to be given if delivered personally or mailed by registered or certified mail (a) if to Resident, to the apartment or the last known address of Resident; (b) if to Management, to the address for premises listed in the opening paragraph of this agreement. 21. REPAIRS: Resident accepts apartment in “as is” condition as suited for the use intended. Resident understands and agrees that apartment, equipment and fixtures will be under the control of Resident and agrees to keep said apartment, together with the fixtures therein, in a clean, sightly and sanitary condition. Management will make necessary repairs to apartment with reasonable promptness after receipt of written notice from Resident. If any damage, beyond normal wear and tear, is caused by Resident or Resident's family, guests or invitees, Resident agrees to pay Management the cost of repair with the next rent payment. Resident may not remodel or structurally change apartment nor remove any fixture therefrom without prior written consent of Management. 4 22. ABANDONMENT: If Resident removes or attempts to remove personal property from premises other than in the usual course of continuing occupancy, without first having paid Management all monies due, apartment may be considered abandoned, and Management shall have the right, without notice, to store and dispose of any property left on premises by Resident. Management shall also have the right to store or dispose of any Resident's property remaining on premises after termination of this agreement. Any such property shall considered Management's property, and title shall vest in Management. Management shall also have the right to re-rent apartment after Resident abandons the same. Management, in its sole discretion, shall have the right to determine those other circumstances under which it considers apartment to be abandoned. Resident agrees that such circumstances as evidence of his/her abandonment of premises include, but are not limited to, the failure to pay rent or other charges, discontinuance of any utility service, failure to respond to any notices, phone calls or correspondence from Management, or removal of Resident's personal property from apartment. Any one of the foregoing circumstances or other circumstances shall be sufficient to evidence an abandonment. In the event apartment is abandoned, Management shall have the right, without notice, to secure apartment with new locks, to store or dispose of any property or personal possessions left on premises by Resident or Resident's family, occupants, guests or invitees, or to re-rent apartment for new occupancy. Resident agrees that Management shall have no liability for any actions taken to secure apartment, obtain possession of apartment, or store or dispose of any personal property or possessions found in apartment when Management deems apartment to have been abandoned. Resident acknowledges and agrees that Management's acts or failure to act with regard to securing apartment, obtaining possession of apartment or storing or disposing of any personal property or possessions found in apartment under circumstances which are or may indicate abandonment are a contractual matter to which Resident has given his/her consent, and any alleged breach shall not give rise to a claim in tort nor to a claim for punitive damages. 23. MORTGAGEE'S RIGHTS: Resident's rights under this agreement shall at all times be automatically junior and subject to any deed to secure debt, mortgage, or any other security instrument which is now or shall hereafter be placed on premises of which apartment is a part; if requested, Resident shall execute promptly any certificate that Management may request specifically to implement the subordination of this paragraph. Resident's rent and other obligations under this agreement shall be payable to and enforceable by any person acquiring premises, if such person instead elects in writing to waive the benefit of the foregoing subordination provision. 24. DEFAULT BY RESIDENT: If Resident fails to pay any rent or other charges as and when due hereunder, or if Resident abandons apartment or fails to perform any of his/her obligations hereunder, or if any facts contained in Resident's rental application are untrue or misleading, then, upon the happening of any said events, Resident shall be in default hereunder and Management may at its option terminate this agreement by written notice to Resident. Resident shall surrender possession of apartment to Management upon the effective date of such termination notice and Resident shall be liable to Management for, and shall indemnify Management against, all rent loss and other expenses (for re-letting, refurbishing, cleaning or otherwise making apartment suitable for re-letting) suffered or incurred by Management as a result of Resident's default and the termination of the agreement. Management's application of the security deposit (if any) shall not relieve Resident of liability for any other rent, charges, damages or other costs which may be due. Notwithstanding the commencement of a 5 dispossessory proceeding and the issuance and execution of a writ of possession on account of any default by Resident, Resident shall remain liable to Management for all rent and other charges accrued through the date on which possession is obtained by Management and shall continue to be liable for any rent accruing thereafter until the earlier of (a) the expiration of the term of this lease; or (b) the re-rental of apartment. 25. MANAGEMENT'S PERMISSION OR CONSENT: If any provision of this agreement requires the written permission or consent of Management as a condition to any act of Resident, such written permission or consent may be granted or withheld in the sole discretion of Management, may contain such conditions as Management deems appropriate and shall be effective only so long as Resident complies with such conditions. Moreover, any written permission or consent given by Management to Resident may be modified, revoked or withdrawn by Management at any time, at Management's sole discretion, upon written notice to Resident. 26. PACKAGE RELEASE: Resident hereby authorizes Management and its agents, officers and employees to take and accept packages or goods which are addressed to Resident and delivered to Resident's apartment, by mail, United Parcel Service, Federal Express or otherwise. Resident understands that Management will not accept delivery of packages or goods shipped C.O.D. or having postage due. Resident recognizes and agrees that Management will be accepting delivery of packages or goods solely as a favor to Resident, without reward, compensation or any consideration, and Resident expressly and unconditionally releases Management from any claim or cause of action Resident might otherwise have for loss or damage suffered as a result of Management's collecting, holding, storing or otherwise handling or disposing of any such packages or goods even if such loss or damage is due to the negligence, lack of care, or other acts or omissions of Management, its agents, clients or employees. Resident further agrees that Management will have no responsibility at all for examining the condition of or determining the existence of any damage to or for taking any precautions in the handling and storage of any such packages or goods, notwithstanding that as a result Resident may end up paying for lost, damaged, or unsatisfactory goods without recovery against seller, the carrier or Management. Resident absolutely assumes all risks of damage to and theft, destruction and loss of such packages and goods. 27. APARTMENT SECURITY ACKNOWLEDGMENT: Resident agrees to inspect apartment and will determine to Resident's satisfaction that the smoke detector, fire extinguisher, and door and window locks in apartment are adequate and in good working order. Resident agrees to inspect and test each of these items monthly, and to give Management prompt written notice if Resident determines that any of these items need repair or replacement. Resident further acknowledges that Management is under no obligation or duty to inspect, test, or repair any of these items unless and until Management has received written notice from Resident specifically requesting repair or replacement. Resident is prohibited from adding locks to, changing or in any way altering locks installed on the doors of apartment, without the prior written permission of Management. Resident is aware that Management does not provide security for the personal safety or property of the Residents on premises. Resident agrees that Management has no obligation or liability to Resident for bodily injury or damage to or loss of property as a result of a criminal act against Resident or Resident's property. Resident agrees to hold harmless Management and its employees from any claim or cause of action for bodily or personal injury and/or property damage arising from any crime on premises. Resident agrees that Management shall not be liable to Resident, Resident's guests or invitees for any bodily injuries or property damages arising from a criminal act when such criminal 6 act is caused or carried out in any part by the act of a person or entity other than Management. Resident recognizes that Management does not guarantee or insure Resident's personal security and safety, and Resident is aware that Resident's personal security and safety will be Resident's individual responsibility. Resident recognizes that Management is not obliged to provide security or to reduce the risk of crime on premises. Resident understands that Management does not provide any regular guard patrol of premises although it may, from time to time, arrange for such. Resident acknowledges and agrees that Management has no obligation or liability to Resident for the acts or omission, whether negligent or intentional, of any security patrol service employee which may be engaged by Management. Management may, from time to time, place devices in, on, or near premises, including, but not limited to, fences, alarms, lights, or controlled access gates. The provision of such devices or patrol does not create any obligation on the part of Management to provide for Resident's personal security or safety or the security of Resident's property. The provision of any such devices or services does not impose any obligation on Management to Resident. Resident agrees that the furnishing of locks or safety devices or any other such measure will not constitute a guarantee of their effectiveness or impose any obligations on Management to foresee and/or prevent crime. Resident understands that, from time to time, there may be police officers or courtesy officers residing on premises. Resident understands and agrees that these officers do not have responsibility for Resident's personal safety and security, and that the presence of such officers as residents on premises does not create any obligation on their part, or the part of Management, to provide security for Resident's personal safety and property. Resident acknowledges and agrees that Management has no obligation or liability to Resident for the acts or omission, whether negligent or intentional, of any police officer or courtesy officers. Resident understands and agrees that although such resident officers or courtesy officers may, from time to time, assist Management or other Residents, such assistance does not constitute security for Resident's personal safety and does not impose any obligation on Management to provide for Resident's safety or security and/or to reduce the risk of crime against Resident's person or property. Resident understands that residency of such officers may end at any time without any obligation on the part of Management to Resident. Resident agrees that no representation or promise has been made concerning crime on premises or obligations of Management to prevent crime or to protect Resident's person or property on premises. (a) Signs: Resident shall not display any signs, exterior lights or markings on apartment. No awnings or other projections shall be attached to the outside of the building of which apartment is a part. (b) Entrances, Hallways, Breezeways, Walks, and Lawns: Entrances, hallways, breezeways, walks, lawns and other public areas shall not be obstructed or used for any purpose other than ingress and egress. (c) Antennas: Radio or television aerials or satellite dishes shall not be placed or erected on the roof or exterior of buildings. (d) Parking: Resident agrees to abide by all parking regulations established by Management. No motorcycles, trucks, vans, campers, recreational vehicles, boats, 7 trailers, mobile homes, buses, commercial vehicles or mechanized equipment may be allowed on premises without Management's prior approval. If Management has designated spaces for Resident to park or areas for boats, trailers, campers or other vehicles, Resident agrees to park only in those spaces so designated. Non-operable, abandoned or unauthorized vehicles are not permitted on premises. Any such nonoperable, abandoned or unauthorized vehicle may be removed by Management at the expense of Resident or other person owning same, for storage or private sale, at Management's option, and the Resident or person owning same shall have no right of recourse against Management therefor. The definition of non-operable, abandoned or unauthorized vehicles shall be liberally construed in favor of Management. In addition, but not limited to, their generally accepted definitions, “unauthorized” and “nonoperable” shall also mean vehicles which: 1. Are noxious, offensive, unsightly, unpleasant, or unkempt such as could reasonably affect the appearance or rental marketability of premises or such as could reasonably cause embarrassment, discomfort, annoyance, or nuisance to Management, owners or other Residents; 2. Are causing damage to the apartment complex or the parking lot, including but not limited to, oil or gas leaks, seepage or spills and motorcycles' kickstands which sink into the pavement; 3. Are not previously approved and registered with Management as required; 4. Are not properly parked between parallel lines or other lines marking spaces for parking; 5. Are blocking access to any prohibited areas, designated “no parking” areas, fire lanes, fire hydrants, ingress and egress travel lanes, entrances, exits, trash dumpsters or compaction, carwash bays or maintenance or service areas; 6. Are on blocks or on jack stands; 7. Appear to be in a state of disrepair; 8. Appear to be incapable of self-propelled movement; 9. Do not have a proper license tag, current license decal validation, sticker, current state emissions inspection sticker or minimum applicable motor vehicle insurance. Unauthorized, non-operable or abandoned vehicles shall not be kept, placed, stored, parked, maintained or operated in any area of premises. The term “vehicle” includes, but is not limited to, both motorized and non-motorized vehicles such as automobiles, trucks, vans, motorcycles, boats, trailers, campers, mobile homes, motor homes, commercial trucks, buses and heavy motorized or mechanized equipment or vehicles. An “abandoned motor vehicle” shall include, but is not limited to, any vehicle, motor vehicle or trailer which has been left unattended on premises for a period of not less than thirty (30) days without anyone having made a claim thereto. (e) Storage: No goods or materials of any kind or description which are combustible or would increase fire risk shall be kept or stored in apartment, nor shall such items be 8 taken to or placed in storage areas. Management shall not be responsible for any loss or damage due to the storage or keeping of such materials. (f) Balcony or Patio: Balcony or patio shall be kept neat and clean at all times. No rugs, towels, laundry, clothing, appliances or other items shall be stored, hung or draped on railings or other portions of balcony or patio. Use of grills is not permitted on balconies. (g) Recreation and Service Areas: Resident agrees to abide by rules and regulations established for use of recreational and service facilities provided by Management. (h) Resident Liable for Actions of Family, Occupants, Guests and Invitees: Resident shall be responsible and liable for the conduct of his/her family, occupants, guests and invitees. Acts or failure to act of Resident's family, occupants, guests and invitees in violation of this agreement, any addenda, or Management's rules and regulations may be deemed by Management to be a breach by Resident. Resident acknowledges and agrees to communicate and explain all addenda, rules and regulations, and the terms of this rental agreement to his/her family, occupants, guests and invitees. (i) Drapes and Shades: All drapes and shades installed by Resident must be lined in white to present a uniform exterior appearance. (j) Water Beds: Resident shall not have or keep any water beds in apartment without prior written permission of Management. (k) Conduct: Resident acknowledges that all notices required to be given shall be given in writing. Resident agrees to handle his/her communications and conduct with Management, including, but not limited to, leasing agents, on-site staff, maintenance personnel, or independent contractors and vendors hired by Management, and with all other residents, occupants, guests or invitees in a lawful, courteous and reasonable manner. Resident shall not engage in any abusive behavior, either verbal or physical, or any form of intimidation or aggression, directed at Management, its agents, its employees or vendors or directed at any other residents, occupants, guests, invitees, or any other person on premises. If requested by Management, Resident agrees to conduct all further business in writing. Any acts of abusive behavior, whether verbal or physical, by Resident or Resident's family, guests or invitees shall be grounds for termination of this rental agreement. Resident agrees not to damage apartment or any other portion of premises, including, but not limited to, the physical facilities, buildings, trees or landscape. Resident shall be liable for all acts or failure to act of his family, occupants, guests or invitees which result in damages to apartment or premises. Resident shall remain liable to Management for any damages which exceed normal wear and tear and agrees to pay Management promptly upon notice of such damages, notwithstanding whether the repairs have actually been made. Further, Resident's acts or failure to act which result in damages to apartment or premises shall constitute grounds for termination of this rental agreement. Any amounts due from Resident because of damage exceeding normal wear and tear shall constitute additional rent which is due upon invoicing. 28. RESIDENT DIRECTORY: Resident also acknowledges receipt of a Resident Directory which becomes a part of this rental agreement. The policies set forth in the Resident Directory are in addition to the policies outlined in this rental agreement and are binding on all Residents, occupants, and guests. 9 29. ADDITIONAL RULES AND REGULATIONS: Resident agrees and understands that additional rules and regulations may be established by Management during Resident's possession. Resident agrees to be bound by such additional rules and regulations. Resident further understands that notification of such additional rules and regulations shall be given pursuant to Paragraph 20 of this agreement and shall be effective five (5) days after personally being delivered or mailed by registered or certified mail. 30. GENDER: In all references herein to Resident, the use of the singular number is intended to include the appropriate number as the text of this agreement may require, and all gender references to male or female are intended to be gender neutral. 31. NO ESTATE IN LAND: This agreement creates only the relationship of landlord and tenant between Management and Resident; Resident has a usufruct only and not an estate for years; and no estate shall pass out of Management. 32. ENTIRE AGREEMENT: This agreement and any attached addenda, including, without limitation, rules and regulations, constitute the entire agreement between the parties and no oral statements shall be binding. 33. JOINT AND SEVERAL LIABILITY: Each person who signs this agreement as a Resident understands and agrees that their liability hereunder is both joint and several. 34. SUCCESSORS AND ASSIGNS: Subject to Paragraph 23, all provisions contained in this agreement shall be binding upon, inure to the benefit of, and be enforceable by the successors and assigns of Management. 35. SPECIAL STIPULATIONS: The following stipulations shall control in the event of conflict with any of the foregoing: … IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed in person or by a person duly authorized the day and year above written. Management: By: (SEAL) Name: Title: Resident: By: (SEAL) 10 Name: Title: 11