© ****, National Apartment Association, Inc. - */*021, Indiana Page 1 of 8

1. PARTIES. This Lease Contract (sometimes referred to as the

“lease”) is between you, the resident(s) (list all people signing the Lease Contract):

and us, the owner:

(name of apartment community or title holder). You’ve agreed to rent Apartment No., at

(street address)

in (city), Indiana,

(zip code) (the “apartment” or the “premises”)

for use as a private residence only. The terms “you” and “your” refer to all residents listed above. The terms “we,” “us,” and “our” refer to the owner listed above (or any of owner’s successors’ in interest or assigns). Written or electronic notice to or from our managing agent (referenced below) constitutes notice to or from us. If anyone else has guaranteed performance of this Lease Contract, a separate Lease Contract Guaranty for each guarantor is attached. 2. OCCUPANTS. The apartment will be occupied only by you and

(list all other occupants not signing the Lease Contract):

No one else may occupy the apartment. Persons not listed above must not stay in the apartment for more than consecutive days without our prior written consent, and no more than twice that many days in any one month. If the previous space isn’t filled in, two days per month is the limit.

3. LEASE TERM. The initial term of the Lease Contract begins on the day of,, and ends at 11:59 p.m.

the day of, .

Renewal. This Lease Contract will automatically renew month- to-month unless either party gives at least days written notice of termination or intent to move-out as required by paragraph 45 (Move-Out Notice). If the number of days isn’t filled in, at least 30 days notice is required.

4. SECURITY DEPOSIT. Unless modified by addenda, the total security deposit at the time of execution of this Lease Contract for all residents in the apartment is $, due on or before the date this Lease Contract is signed. The security deposit shall not bear interest nor be held separately or in trust. Upon vacating the Apartment, you shall supply to us, in writing, your forwarding address. Payment of the security deposit to any resident hereunder shall serve to satisfy our obligation to return the security deposit, and notice to one resident of application of the security deposit shall serve as notice to all residents of the apartment. In the event you shall fully and faithfully perform and keep the terms, covenants and conditions of this Lease Contract and return the Apartment to us at the expiration or termination of your tenancy in as good and clean a condition as they are in as of the commencement of this Lease Contract, ordinary wear and tear excepted, then the security deposit, or the appropriate portion thereof, shall be refunded by us to you. In the event that you shall fail to keep and fully perform the terms, covenants and conditions of this Lease Contract, we shall retain from said security deposit an amount sufficient to reimburse us for any damages caused by your default, including but not limited to:

(a) a ny unpaid “rent” due under this Lease (as the term “rent” is defined under state law) including, but not limited to, payments due under this Lease, such as unpaid monthly rent installments, late fees, returned check fees, attorney’s fees, court costs and interest;

(b) the cost to repair any damages to the Apartment, common areas and/or any of Landlord’s property, real or personal, including but not limited to the cost of general cleaning, carpet cleaning and painting costs, reasonable wear and tear excepted. Reasonable wear and tear shall not include breaks, holes, scratches or burns in any surface, fixture or appliance, trash remaining after the Apartment is vacated, or carpet which is not freshly-cleaned; and

(c) unpaid utilities and any other item allowed by law or equity. In the event the security deposit shall be insufficient to cover your default, we may enforce any additional rights which we may have, against you, in law or in equity, without any limitation by reason of the security deposit or our failure, inadvertent or otherwise, to strictly comply with the Indiana Security Deposit Statute. UNDER NO CIRCUMSTANCES MAY RESIDENT APPLY THE SECURITY

DEPOSIT AS THE LAST MONTHLY INSTALLMENT DUE PURSUANT TO THIS LEASE. The security deposit and any deductions, damages or charges shall be itemized by us in a written notice to you, together with any amount due, within forty-five (45) days after expiration or termination of your tenancy or our acceptance of your surrender of possession, provided you have provided us, in writing, with your forwarding address.

5. KEYS. You will be provided apartment key(s),

mailbox key(s), FOB(s), and/or other access

device(s) for access to the building and amenities at no additional cost at move-in. If the key, FOB, or other access device is lost or becomes damaged during your tenancy or is not returned or is returned damaged when you move out, you will be responsible for the costs for the replacement and/or repair of the same. Any resident, occupant, or spouse who is under court order to not enter the Apartment, is (at our option/or per terms of a court order) no longer entitled to occupancy, keys, or other access devices. 6. RENT AND CHARGES. Unless modified by addenda, you will pay

$ per month for rent, payable in advance on or before the 1st day of each month (due date) without demand and with no grace period:

at the on-site manager’s office, or

at our online payment site, or

at

.

Prorated rent of $ is due for the remainder of [check one]: 1st month or 2nd month, on,

.

Cash is unacceptable without our prior written permission. You must not withhold or offset rent. We may, at our option, require at any time that you pay all rent and other sums in cash, certified or cashier’s check, money order, or one monthly check rather than multiple checks. At our discretion, we 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. The parties agree that rent is not deemed accepted until it has been deposited by us. If you don’t pay all rent on or before the day of the month, you’ll pay a late charge. Your late charge will be

(check one): a flat rate of $ or %

of your total rent due. You’ll also pay a charge of $ for each returned check or rejected electronic payment, plus the late charge. If you don’t pay rent on time, you’ll be delinquent and all remedies under this Lease Contract for such delinquency will be INDIANA APARTMENT LEASE CONTRACT

Date of Lease Contract:

(when the Lease Contract is filled out) This is a binding document. Read carefully before signing. Moving In — General Information

14

47711

January 25, 2022

Brandon Malachi

1st

31st March 2023

693.00

791

X

X

0

5th

75.00

1751M-F

April 2022

www.jamesmgt.com

X

60

Stephen G. Malachi

Bradford Pointe I, LLC

Michigan St. Apt F

Evansville

1751 E.

50.00

© 2021, National Apartment Association, Inc. - 6/2021, Indiana Page 2 of 8 authorized. We’ll also have all other remedies for such violation. All payment obligations under this Lease Contract, including but not limited to, any and all utility payments shall constitute rent under this Lease Contract.

7. UTILITIES. We’ll pay for the following items, if checked:

water gas electricity master antenna.

wastewater trash cable TV

other

You’ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. You must not allow utilities to be disconnected—including disconnection for not paying your bills— until the lease term or renewal period ends. Cable channels that are provided may be changed during the Lease Contract term if the change applies to all residents. Utilities may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. If any utilities are submetered for the apartment, or prorated by an allocation formula, we will attach an addendum to this Lease Contract in compliance with state agency rules or city ordinance. 8. INSURANCE. We do not maintain insurance to cover your personal property or personal injury. We are not responsible to any resident, guest, or occupant for damage or loss of personal property or personal injury from (including but not limited to) fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, hurricane, negligence of other residents or occupants, or for our own negligence or intentional acts.

In addition, we urge all residents, and particularly those residing in coastal areas, areas near rivers, and areas prone to flooding, to obtain flood insurance. Renter’s insurance may not cover damage to your property due to flooding. A flood insurance resource which may be available includes the National Flood Insurance Program managed by the Federal Emergency Management Agency (FEMA). We require do not require you to get your own insurance for losses to your personal property or injuries due to theft, fire, water damage, pipe leaks and the like. If no box is checked, renter’s insurance is not required.

Additionally, you are [check one] required to purchase personal liability insurance in the minimum amount of $

not required to purchase personal liability insurance. If no box is checked, personal liability insurance is not required. If required, failure to maintain personal liability insurance throughout your tenancy, including any renewal periods and/or lease extensions is an incurable breach of this Lease Contract and may result in the termination of tenancy and eviction and/or any other remedies as provided by this Lease Contract or state law.

You and we agree that we are not your renter’s insurance agent. Any and all renter’s insurance claims must be made directly to your renter’s insurance provider.

9. LOCKS AND LATCHES. Keyed lock(s) will be rekeyed after the prior resident moves out. The rekeying will be done before you move into your Apartment.

You may at any time ask us to change or rekey locks or latches during the Lease Term. We must comply with those requests, but you must pay for them, unless otherwise provided by law.

Payment for Rekeying, Repairs, Etc. You must pay for all repairs or replacements arising from misuse or damage to devices by you or your occupants, or guests during your occupancy. You may be required to pay in advance if we notify you within a reasonable time after your request that you are more than 30 days delinquent in reimbursing us for repairing or replacing a device which was misused or damaged by you, your guest or an occupant; or if you have requested that we repair or change or rekey the same device during the 30 days preceding your request and we have complied with your request. Otherwise, you must pay immediately after the work is completed.

10. SPECIAL PROVISIONS. The following special provisions and any addenda or written rules furnished to you at or before signing will become a part of this Lease Contract and will supersede any conflicting provisions of this printed Lease Contract form.

See any additional special provisions.

11. EARLY MOVE-OUT. To the extent permitted by applicable law, you’ll be liable to us for a reletting charge of $

(not to exceed 100% of the highest monthly rent during the lease term) if you:

(1) f ail to give written move-out notice as required in paragraph 45 (Move-Out Notice) or any other applicable law; or

(2) m ove out without paying rent in full for the entire lease term or renewal period; or

(3) move out at our demand because of your default; or

(4) are judicially evicted.

The reletting charge is not a cancellation fee and, to the extent permitted by applicable law and does not release you from your obligations under this Lease Contract. See the next paragraph. Not a Release. The reletting charge is not a lease cancellation fee or buyout fee. It is not a penalty. It is part of the consideration for entering into this lease and is an agreed-to liquidated damages amount covering only part of our damages, that is, our time, effort, and expense in finding and processing a replacement. These damages may be uncertain and difficult to ascertain—particularly those relating to inconvenience, paperwork, advertising, showing apartments, utilities for showing, checking prospects, office overhead, marketing costs, and locator-service fees. You agree that the reletting charge is a reasonable estimate of such damages and that the charge is due whether or not our reletting attempts succeed. If no amount is stipulated, you must pay our actual reletting costs so far as they can be determined. The reletting charge does not release you from continued liability for: future or past-due rent; charges for cleaning, repairing, repainting, or unreturned keys; or other sums due.

12. REIMBURSEMENT. You must promptly reimburse us for loss, damage, government fines, or cost of repairs or service in the apartment community due to a violation of the Lease Contract or rules, improper use, or negligence by you or your guests or occupants. We’re not liable for—and you must pay for—repairs, replacement costs, and damage to the following if occurring during the Lease Contract term or renewal period: (1) damage to doors, windows, or screens; (2) damage from windows or doors left open; and (3) damage from wastewater stoppages caused by improper objects in lines exclusively serving your apartment. We may require payment at any time, including advance payment of repairs for which you’re liable. Delay in demanding sums you owe is not a waiver. 13. PROPERTY LEFT IN APARTMENT. “Apartment” excludes common areas but includes interior living areas and exterior patios, balconies, attached garages, and storerooms for your exclusive use. In the event you shall abandon or vacate the Apartment before the end of the term, we may retake possession of the Apartment, or any other part thereof, without judicial process, and re-let the Apartment upon terms satisfactory to us. You shall be liable for any resulting deficiency including, but not limited to: redecorating costs, repair costs, present and future rent, and such other costs as may be your responsibility in the event of default or breach hereunder. We shall have no liability for loss or damage to your personal property if you have abandoned your personal property. Your personal property shall be considered abandoned if a reasonable person would conclude you have vacated the Apartment and surrendered possession of your personal property. In the event we are granted possession of the Apartment by court order, we may seek an order from the court allowing removal of your personal property and if you fail to remove such personal property before the date specified in the court’s order, we may remove the personal property and deliver the personal property to a warehouseman or to a storage facility approved by the court provided notice of the order for removal of the personal property and the identity and location of the warehouseman or the storage facility have both been personally served on you at your last known address. In the event your possessions are removed and placed in storage, you shall pay for all moving and storage costs. We, or any third-party who moves and/or stores personal property from the Apartment, shall acquire a warehousemen’s lien on that personal property, and if not timely reclaimed, may sell the personal property in payment of the storage costs, moving costs, and other related fees and costs. You hereby expressly grant us authority to create or grant a warehouseman’s lien in such personal property. Special Provisions and “What If” Clauses

X

X

X X X

100000.00

© 2021, National Apartment Association, Inc. - 6/2021, Indiana Page 3 of 8 14. FAILING TO PAY FIRST MONTH’S RENT. If you don’t pay the first month’s rent when or before the Lease Contract begins, all future rent will be automatically accelerated without notice and immediately due. We also may end your right of occupancy and recover damages, future rent, attorney’s fees, court costs, and other lawful charges. Our rights and remedies under paragraph 33 (Default by Resident) apply to acceleration under this paragraph.

15. RENT INCREASES AND LEASE CONTRACT CHANGES. No rent increases or Lease Contract changes are allowed before the initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10 (Special Provisions), by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules allowed under paragraph 19 (Community Policies or Rules). If, at least 5 days before the advance notice deadline referred to in paragraph 3 (Lease Term), we give you written notice of rent increases or Lease Contract changes effective when the Lease Contract term or renewal period ends, this Lease Contract will automatically continue month-to-month with the increased rent or Lease Contract changes. The new modified Lease Contract will begin on the date stated in the notice (without necessity of your signature) unless you give us written move- out notice under paragraph 45

(Move-Out Notice).

16. DELAY OF OCCUPANCY. If occupancy is or will be delayed for construction, repairs, cleaning, or a previous resident’s holding over, we’re not responsible for the delay. The Lease Contract will remain in force subject to: (1) abatement of rent on a daily basis during delay; and (2) your right to terminate as set forth below. Your termination notice must be in writing. After termination, you are entitled only to refund of deposit(s) and any rent paid. Rent abatement or Lease Contract termination does not apply if delay is for cleaning or repairs that don’t prevent you from occupying the apartment.

If there is a delay and we haven’t given notice of delay as set forth immediately below, you may terminate up to the date when the apartment is ready for occupancy, but not later.

(1) If we give written notice to any of you when or after the beginning of the initial term as set forth in paragraph 3 (Lease Term)—and the notice states that occupancy has been delayed because of construction or a previous resident’s holding over, and that the apartment will be ready on a specific date—you may terminate the Lease Contract within 3 days of your receiving the notice, but not later.

(2) I f we give written notice to any of you before the beginning of the initial term as set forth in paragraph 3 (Lease Term) and the notice states that construction delay is expected and that the apartment will be ready for you to occupy on a specific date, you may terminate the Lease Contract within 7 days after any of you receives written notice, but not later. The readiness date is considered the new beginning date of the initial term as set forth in paragraph 3 (Lease Term) for all purposes. This new date may not be moved to an earlier date unless we and you agree.

17. AD VALOREM TAXES/FEES AND CHARGES - ADDITIONAL RENT. Unless otherwise prohibited by law, if, during the term of this Agreement, any taxing unit, school district, other locality, city, county, state, or Federal Government or other taxing authority, by legislation, voter referendum or otherwise, imposes upon Us, any fee, charge, or tax, which is related to or charged by the number of occupants, or by the apartment unit itself, such that we are charged a fee, charge, or tax, based upon your use or occupancy of the apartment, we may add this charge as Additional Rent, during the term of the Lease Contract, with thirty (30) days advance written notice to you. As examples, these charges can include, but are not limited to: any charges we receive for any zoning violation, sound, noise or litter charge; any charge under any nuisance or chronic nuisance type statute, 911 or other life safety, per person, or per unit charge or tax and any utility bill unpaid by you, which is then assessed to us for payment. If, during this agreement, there is an increase in our real estate tax, or personal property tax, assessment or tax rate, imposed by any of the above mentioned taxing authorities, by legislation, voter referendum or otherwise, we may impose Additional Rent, during the term of the Lease Contract. After this written notice (the amount or approximate amount of the charge, tax or fee will be included in the notice), you agree to pay, as Additional Rent, the amount of the charge, tax or fee imposed upon us.

18. DISCLOSURE RIGHTS. If someone requests information on you or your rental history for law-enforcement, governmental, or business purposes, we may provide it.

19. COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Lease Contract. We may make reasonable changes to written rules, effective upon thirty (30) days prior to written notice, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Lease Contract.

20. LIMITATIONS ON CONDUCT. The apartment and other areas reserved for your private use must be kept clean and free of trash, garbage, and other debris. Trash must be disposed of at least weekly in appropriate receptacles in accordance with local ordinances. Passageways may be used only for entry or exit. You agree to keep all passageways and common areas free of obstructions such as trash, storage items, and all forms of personal property. No person shall ride or allow bikes, skateboards, or other similar objects in the passageways. Any swimming pools, saunas, spas, tanning beds, exercise rooms, storerooms, laundry rooms, and similar areas must be used with care in accordance with apartment rules and posted signs. Glass containers are prohibited in all common areas. You, your occupants, or guests may not anywhere in the apartment community: use candles or use kerosene lamps or kerosene heaters without prior written approval; cook on balconies or outside; or solicit business or contributions. Conducting any kind of business

(including child care services) in your apartment or in the apartment community is prohibited—except that any lawful business conducted

“at home” by computer, mail, or telephone is permissible if customers, clients, patients, or other business associates do not come to your apartment for business purposes. We may regulate: (1) the use of patios, balconies, and porches; (2) the conduct of furniture movers and delivery persons; and (3) recreational activities in common areas. In the event of damage, you’ll be liable to us for damage caused by you or any guests or occupants.

We may exclude from the apartment community guests or others who, in our judgment, have been violating the law, violating this Lease Contract or any apartment rules, or disturbing other residents, neighbors, visitors, or owner representatives. We may also exclude from any outside area or common area a person who refuses to show photo identification or refuses to identify himself or herself as a resident, occupant, or guest of a specific resident in the community. You agree to notify us if you or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers as a sex offender in any state. Any such criminal conviction or sex offender registration shall provide us the right to evict you.

21. PROHIBITED CONDUCT. You, your occupants or guests, or the guests of any occupants, may not engage in the following activities: behaving in a loud or obnoxious manner; disturbing or threatening the rights, comfort, health, safety, or convenience of others (including our agents and employees) in or near the apartment community; disrupting our business operations; 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 law; discharging a firearm in the apartment community; displaying or possessing a gun, knife, or other weapon in the common area in a way that may alarm others; storing anything in closets having gas appliances; tampering with utilities or telecommunications; bringing hazardous materials into the apartment community; or injuring our reputation by making bad faith allegations against us to others. 22. PARKING. We may regulate the time, manner, and place of parking all cars, trucks, motorcycles, bicycles, boats, trailers, and recreational vehicles by anyone. We may have unauthorized or illegally parked vehicles towed under an appropriate statute. A vehicle is unauthorized or illegally parked in the apartment community 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 plate or no current registration and/or inspection sticker; or

(4) takes up more than one parking space; or

(5) b elongs to a resident or occupant who has surrendered or abandoned the apartment; or

(6) i s parked in a marked handicap space without the legally required handicap insignia; or

(7) i s parked in space marked for manager, staff, or guest at the office; 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 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

(13) b elongs to a resident and is parked in a visitor or retail parking space.

You will be responsible for all costs associated with towing and storing your vehicle. This includes any costs necessary to have your vehicle released to you if it is towed and stored because you did not comply with our parking rules and regulations.

© 2021, National Apartment Association, Inc. - 6/2021, Indiana Page 4 of 8 23. RELEASE OF RESIDENT. Unless you’re entitled to terminate your tenancy under paragraphs 10 (Special Provisions), 16 (Delay of Occupancy), 32 (Responsibilities of Owner), 45 (Move-Out Notice) or any other applicable law, you won’t be released from this Lease Contract for any reason—including but not limited to voluntary or involuntary school withdrawal or transfer, voluntary or involuntary job transfer, marriage, separation, divorce, reconciliation, loss of co-residents, loss of employment, bad health, or death. 24. MILITARY PERSONNEL CLAUSE. All parties to this Lease Contract agree to comply with any federal law, including, but not limited to the Service Member’s Civil Relief Act, or any applicable state law(s), if you are seeking to terminate this Lease Contract and/or subsequent renewals and/or Lease Contract extensions under the rights granted by such laws.

25. RESIDENT SAFETY AND PROPERTY LOSS. You and all occupants and guests must exercise due care for your own and others’ safety and security, especially in the use of smoke detectors, keyed deadbolt locks, keyless bolting devices, window latches, and other access control devices.

Smoke Detectors. You hereby acknowledge that a working UL listed smoke detector(s) has been installed on each floor of the Apartment. You shall inspect and test the smoke detector(s) during the term(s) of this Lease Contract and shall ensure that each smoke detector installed in the Apartment remains functional and is not disabled. If the smoke detector is battery operated, you shall replace the batteries in the smoke detector(s) as necessary. If the smoke detector is hard wired into the Apartment’s electrical system, and you believe the smoke detector(s) isn’t functional, you shall provide us with written notification of the need to replace or repair the smoke detector(s). We shall repair or replace an inoperable smoke detector within seven (7) working days after we are given written notification of the need to replace or repair the smoke detector(s). You shall not tamper with, remove, or replace any parts or equipment of the smoke detector(s), except to replace batteries. You shall pay the cost of damage to the smoke detector(s), or to the Apartment, caused or allowed by your failure to comply with the obligations of this paragraph. We shall not be liable for any injury or death to persons, nor for damage to property, resulting from your failure to test or inspect the smoke detector(s), replace the batteries as required, or to notify us as provided herein. You shall maintain the smoke detector(s) and test the smoke detector(s) at least once every six (6) months to ensure that the smoke detector(s) is in operational condition. You shall be liable for all damages and injuries (whether to yourself, any occupants, personal property, other persons, the Apartment or community), resulting from your failure to test or inspect the smoke detector(s), your failure to replace batteries, your tampering with the smoke detector(s) or your failure to notify us as provided herein.

ACKNOWLEDGMENT

The undersigned hereby acknowledge(s) the Apartment is equipped with a functional smoke detector(s) on each floor of the Apartment. Resident or Residents (all sign below)

Casualty Loss. We’re not liable to any resident, guest, or occupant for personal injury or damage or loss of personal property from any cause, including but not limited to: fire, smoke, rain, flood, water and pipe leaks, hail, ice, snow, lightning, wind, explosions, earthquake, interruption of utilities, theft, or vandalism unless

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