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LEASED PROPERTY Terms: Landlord leases to Tenant on the terms and conditions hereinafter set forth that certain property located at: 907 4th Street SW, Minot, ND 58701 TERM: The term of this lease shall commence on the ___ 2023, and expire ___ (Initial Term); provided, however, that Landlord can terminate this Agreement during Initial Term upon 30 days written notice to Tenant. Upon expiration of Initial Term, this Agreement shall become a month-to-month agreement automatically, unless either Landlord or Tenant notifies the other party in writing at least 30 days prior to the expiration of their intention to terminate the lease. If the lease continues on a month-to-month basis, either party can terminate the lease by giving written notice to the other party at least 30 days prior to the termination. And Landlord shall notify Tenant of rental increases or other reasonable changes to the terms of the lease in the same manner. 3. RENT: Tenant shall pay rental in the sum of One Thousand Five Hundred and no/100 Dollars ($1500.00) per month, on the first day of each calendar month during the term of this lease, without deduction or offset, to Landlord. Payment shall be direct deposited into Landlord's bank account, the details of which will be provided by Landlord. Payments received after the fifth (5th) day of each month shall be assessed a late charge penalty of Twenty-Five and no/100 Dollars ($25.00) per day retroactive to the first day of that month. 4. SECURITY DEPOSIT: At the signing of this Lease, Tenant shall deposit with Landlord a security deposit of Two Thousand Fifty and no/100 Dollars ($2500.00) as security for the performance by Tenant of the terms under this Lease and for any damages caused by Tenant, Tenant's family, agents, and visitors to the premises during the term of this Lease. Landlord may use part or all of the security deposit to repair any damage to the premises caused by Tenant, Tenant's family, agents and visitors to the premises. However, Landlord is not just limited to the security deposit amount and Tenant remains liable for any balance. Tenant shall not apply or deduct any portion of any security deposit from the last or any month's rent. Tenant shall not use or apply any such security deposit at any time in lieu of payment of rent. If Tenant breaches any terms or conditions of this Lease, Tenant shall forfeit any deposit, as permitted by law. 5. USE OF PREMISES: Said premises shall be used solely by Tenant for residential purposes. Tenant shall comply with all the ordinances, rules, laws and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the premises during the term of this Lease. Furthermore, Tenant shall be keep the premises in a clean and habitable condition as determined within the sole and reasonable discretion of the Landlord. Landlord reserves the right to store her personal items on the premises in her sole discretion. 6. NUMBER OF OCCUPANTS/GUESTS: Tenant agrees the Property shall be occupied only by Tenant. Overnight guests are permitted within reason, however, no visitors shall remain longer than seven (7) days without written permission from the Landlord. 7. CONDITION OF PROPERTY/FURNISHED RENTAL: At the commencement of the term, the Tenant shall accept the building, improvements and any equipment or furnishings on or in the leased premises in their existing condition. No representations, statement, or warranty, express or implied, has been made by or on behalf of the Landlord as to such condition or as to the use that may be made of such property. In no event shall the Landlord be liable for any defect in such property or any limitation in its use. Tenant acknowledges the premises is furnished. Tenant shall repair or replace with a like-kind replacement, at its expense, any loss or damage to Landlord's furnishings. Additionally, Tenant shall promptly pay any invoice submitted to Tenant by Landlord for any furnishings damaged, destroyed or lost during the Lease. 8. UTILITIES, TAXES AND INSURANCE: Tenant shall pay for water, sewer, trash, gas, electricity, telephone, internet, and all other utilities and services required on the premises. Landlord shall be responsible for paying all real estate taxes during the course of this Lease. Tenant acknowledges that Landlord's insurance does not cover personal property damage caused by fire, theft, rain, war acts of God, acts of others, and any other causes, nor is Landlord liable for such losses. Tenant shall maintain renter's insurance with liability coverage an amount of up to $300,000. Tenant will be required to provide proof of renters insurance prior to move in and upon request during the course of this Lease. Tenant shall indemnify the Landlord against any liability or damages on such account. 9. ASSIGNMENT AND SUB-LETTING: Without the prior written consent of Landlord, Tenant shall not assign this lease or sublet or grant any concession or license to use the premises or any part thereof. A consent by Landlord to one assignment sub-letting concession or license shall not be deemed to be a consent to any subsequent assignment, sub-letting, concession or license. An assignment, sub-letting, concession or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be void and shall at Landlord's option terminate this lease. 10. ALTERATIONS AND IMPROVEMENTS: Tenant shall not make any alterations on said premises without written consent of the Landlord. If any alternations, improvements or changes are made to or built on or around the premises, with the exception of fixtures and personal property that can be removed without damage to the premises, they shall become the property of Landlord and shall remain at the expiration of the lease, unless otherwise agreed to in writing. 11. MAINTENANCE AND REPAIR: Tenant agrees to keep the premises in good order and good condition and to immediately pay for costs to repair or replace any portion of the premises damaged by Tenant or his invitees. At the termination of the Agreement, the premises shall be returned to Landlord in good order and good condition except for reasonable wear and tear and the premises shall be free of all personal property and trash belonging to Tenant. Tenant shall promptly notify Landlord, in person or in writing, when a repair is necessary to the premises. If Tenant does not promptly notify Landlord, Tenant may be held financially responsible for the repair. Upon being notified by Tenant, Landlord shall undertake repairs as soon as possible, If there is a delay of more than seventy-two (72) hours in making repairs, due to difficulty in scheduling the work or obtaining parts or for any other reason beyond Landlord's control, Landlord agrees to keep Tenant informed about the progress of the work. Tenant shall deposit all trash and waste in a clean and sanitary manner into the designated receptacles and shall cooperate in keeping the garbage area neat and clean. Tenant shall be responsible for disposing of items of such size and nature as are not normally acceptable by the garbage collector. Tenants shall be responsible for keeping the kitchen and bathroom drains clear of things that may tend to cause clogging of the drains. Tenant shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the expense or damage caused by stopping of waste pipes or overflow from bathtubs, toilets or sinks. 12. NONAGENCY: Tenant is not the Landlord's agent and shall have no right to purchase, repair, alter, or install anything at Landlord's expense. 13. DANGEROUS MATERIALS: Tenant shall not keep or have on or around the premises any item of a dangerous, flammable or explosive character that might unreasonably increase the risk of fire or explosion on or around the premises or that might be considered hazardous by any responsible insurance company. 14. NO SMOKING: No smoking is allowed upon the premises by Tenant or Tenant's invitees. No smoking is allowed within twenty (20) feet of entrances, exits, windows, air intakes and ventilation systems of enclosed areas of the premises. 15. PETS: Pets are allowed on the premises upon approval of Landlord. 16. NUISANCE: Tenant shall respect the privacy and comfort of neighbors and shall cause no excessive noise nor maintain nor permit any activity on the premises which constitutes a nuisance. Said noise or activity shall be a material breach of this lease. 17. COMPLIANCE WITH LAWS: Tenant shall not violate the rules and regulations of any federal, state, or municipal authority, or the statutes or ordinances of the State of North Dakota or City of Minot, nor knowingly commit or willingly permit to be committed any act or thing which would render the lease property uninsurable. 18. CRIME FREE HOUSING: Tenant and any guests or invitees of Tenant shall not engage in illegal activity, including the illegal manufacture, sale, distribution, purchase, use or possession with the intent to manufacture, sell, distribute, or use of a controlled substance as defined by federal or state law, or possess drug paraphernalia. Tenant shall not permit the premises to be used for, or Residential Lease to facilitate, illegal activity, including drug-related illegal activity, regardless of whether the individually engaging in such activity is a member of the household. Tenant and any guests or invitees of Tenant shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety or welfare of Landlord, their agents or tenants. Said activity shall be a material breach of this lease. 19. SURRENDER AT TERMINATION: At the expiration of the leased term, the Tenant shall surrender the leased property in as good condition as it was at the beginning of the term, reasonable use and wear and tear and damages by the elements excepted. 20. RIGHT OF ENTRY/SECURITY SYSTEM: Landlord and their agents shall have the right at all reasonable times during the term of the lease to enter the premises for the purpose of inspecting the leased property and all buildings and improvements thereon or to perform any work which the Landlord elects to undertake or made necessary by reason of the Tenant's default under the terms of this Lease. Except in case of emergency, Landlord shall give Tenant reasonable notice of intent to enter. For these purposes, twenty-four (24) hour notice shall be deemed reasonable. Tenant shall not, without Landlord's prior written consent, add, alter or re-key any locks to the premises or make any duplicate keys. Tenant shall keep the doors to the secured common areas of the property closed at all times. Landlord may have security cameras on premises to ensure the safety of Tenant. 21. NON-LIABILITY OF LANDLORD FOR DAMAGES: Landlord, their agents and employees, shall not be liable for any loss, damages, injuries or other casualty of whatsoever kind or by whomsoever caused, to the person or property of anyone (including Tenant and their family) on or off the premises, including sidewalks adjacent, or approaches thereto, arising out of or resulting from Tenant's use or possession thereof, or from defects in the premises, whether due in whole or in part to negligent acts or omissions of Tenant; and Tenant for themselves, their heirs and assigns hereby agrees to indemnify and hold Landlord, their agents and employees, harmless from and against all claims, demands, liabilities, suits or actions for such loss, damage, injury, or other casualty. 22. INDEMNIFICATION: If the Tenant shall fail to perform any of the terms of this Lease, the Landlord may, at any time and without notice, perform the same for the Tenant and any expense incurred by the Landlord therefore shall be deemed to be additional rent and shall be paid by the Tenant to the Landlord within five (5) days of the rendition of any bill or statement to the Tenant therefore. 23. NOTICES: Any notice under this lease must be in writing. Notices to the Tenant shall be mailed to the Tenant at the leased premises. Notices to the Landlord shall be emailed to Landlord at: 24. DEFAULT: If Tenant shall fail to pay the rent herein stipulated promptly when due, or should they fail to comply with any and all other provisions of this agreement, or in the event that this agreement shall terminate pursuant to the provisions hereof, then in any of said cases it shall be lawful for the Landlord, in addition to other rights and remedies that they may have, to immediately re-enter said premises and remove all persons and property therefrom, and, at Landlord's option, to turn off electricity and other utilities, and to terminate this lease. 25. WAIVER: Any waiver by Landlord of any term or provision of this lease shall not be deemed a waiver or limitation of Landlord's right to subsequently enforce and compel strict compliance with every provision of this lease. The acceptance of rent by Landlord does not waive Landlord's right to enforce any provision of this Lease. 26. ABANDONMENT: If Tenant abandons the premises or any personal property during the term of this Lease, Landlord may at their option enter the premises by any legal means without liability to Tenant and may at Landlord's option terminate the Lease. Abandonment is defined as absence of Tenant from the premises for at least twenty (20) consecutive days without notice to Landlord. If Tenant abandons the premises while the rent is outstanding for more than fifteen (15) days and there is no reasonable evidence, other than the presence of Tenant's personal property, that Tenant is occupying the unit, Landlord may at Landlord's option terminate this agreement and regain possession in the manner prescribed by law. Landlord will dispose of all abandoned personal property on the premises in any manner allowed by law. 27. UNPAID RENT AND DAMAGES: If, for any reason, Landlord chooses or is required to retain an attorney to enforce the terms of this Lease, Landlord shall be entitled to receive full reimbursement from the Tenant for all reasonable legal fees incurred. Any decision by Landlord regarding the continuation or dismissal of pending actions against Tenant does not waive Landlord's right to receive full reimbursement for any and all reasonable attorney's fees incurred by Landlord. Any eviction or other legal action taken by Landlord against Tenant in which Landlord prevails will entitle Landlord to receive reasonable attorney's fees in addition to any other monies due and owing from Tenant to Landlord. 28. TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon 45 days written notice to Tenant that the Premises have been sold. 29. SEVERABILITY: If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Lease shall continue in full force and effect. If any provision of this Lease is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision invalid, then such provision shall be deemed to be construed as so limited. 30. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Lease. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified in writing and must be signed by both Landlord and Tenant. 31. TIME OF THE ESSENCE: Time is of the essence of each term and provision of this Lease.
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