¹ Dolcejino v. Randolph, 19 S.W.3d 906, 917 (Tex.App.-Houston [14th Dist.] 2000, pet. denied); Saenz v. Southern Un. Gas Co., 999 S.W.2d 490,493 (Tex.App.-EI Paso 1999, pet. denied). 2 Tex. R. Civ. P. 166a(i); Forbes Inc. v. Granada Biosciences, 124 S.W.3d 167, 172 (Tex. 2003). 3 Ridgway v. Ford Motor Co., 82 S.W.3d 26, 29 (Tex.App.-San Antonio 2002), rev'd on other grounds, 135 S.W.3d 598 (Tex. 2004). 4 Lehrer v. Zwenemann, 14 S.W.3d 775, 777 (Tex.App.-Houston [1st Dist.] 2007, pet. denied). Page- 3 Page 3 of 131 The amount of time necessary to constitute an adequate time for discovery under Texas Rule of Civil Procedure 166a depends on the facts and circumstances of the particular case. 5 Generally, when considering whether the trial court permitted an adequate time for discovery as to permit grant of a no-evidence summary judgment, the appellate court considers the following factors: (1) the nature of the case; (2) the nature of the evidence necessary to controvert the no- evidence summary judgment motion; (3) the length of time the case was active; (4) the amount of time the no-evidence motion was on file; (5) whether the movant had requested stricter guidelines for discovery that had already taken place; and (7) whether the discovery deadlines in place were specific or vague. 6 B. Ceremonial Marriage. Under Texas Law, to enter into a ceremonial marriage, a person must obtain a marriage license and voluntarily participate in a marriage ceremony. 7 After obtaining a marriage license the couple must appear before an "authorized person" who will conduct the marriage ceremony. 8 An "authorized person" can either be: (a) an officer of a religious organization who is authorized by the organization to conduct a marriage ceremony; or (b) a person that has the reasonable appearance of authority and at least one party to the marriage participated in the ceremony in good faith and treats the marriage as valid. 9 Texas law does not prescribe any specific form for the marriage ceremony and no particular words are required to be spoken by the participants. 10 Finally, the person who conducts the marriage ceremony must, within 30 days: (1) record on the license the date of the ceremony and the county where it was performed; (2) sign the license; and (3) return the license to the county clerk who issued it. 11 However, evidence that the marriage was not entered to in accordance with statutory formalities, such as obtaining a marriage license, conducting a ceremony and recording the license, is insufficient to invalidate a ceremonial marriage's existence. 12 A ceremonial marriage can be established by presenting evidence of the marriage license and certificate, or by testimony of the parties, the witnesses, or the person who performed the marriage. 13

⁵ Mcinnis v. Mallia, 261 S.W.3d 197,202-03 (Tex.App.-Houston [14th Dist.] 2008, no pet). 6 In re Guardianship of Patlan, 350 S.W.3d 189 (Tex.App.-San Antonio 2011, no pet). 7 Tex. Fam. Code § 2.00 1 8 Tex. Fam. Code § 2.203(a). 9 Tex. Fam. Code§ 2.202(a)(3); Tex. Fam. Code § 2.302; Husband v. Pierce, 800 S.W.2d 661, 664 (Tex.App.- Ty1er 1990, orig. proceeding). 10 /d.; Texas also does not distinguish between civil and religious ceremonies. Ahmed v. Ahmed, 261 S.W.3d 190, 194 (Tex.App.-Houston [14th Dist.] 2008, no pet.) (date of civil ceremony established marriage because it occurred before religious ceremony). 11 Tex. Fam. Code § 2.206(a). 12 Tex. Fam. Code § 2.301 (validity of marriage is not affected by fraud, mistake or illegality that occurred in obtaining marriage license); Tex. Fam. Code § 2.302 (validity of marriage is not affected by lack of authority of person conducting the marriage ceremony); Williams v. White, 263 S.W.2d 666, 668 (Tex.App.-Austin 1953, writ refd n.r.e.) (statutory formalities for marriage are merely directory, and marriage is valid even if certain formalities are not followed); Husband v. Pierce, 800 S. W .2d 661, 664 (Tex.App.-Tyler 1990, orig. proceeding) (ceremonial marriage was valid even though there was no marriage license) (emphasis added). 13 See Forson v. State, 296 S.W.2d 770, 772 (Tex. Crim App. 1911) (testimony of minister who performed ceremony); Black v. Shell Oil Co., 397 S.W.2d 877, 881 (Tex. App.-Texarkana 1965, writ refd n.r.e.) (license and certificate). Page- 4 Page 4 of 131 C. Informal Marriage. An informal or common-law marriage exists if the parties: (1) agreed to be married; (2) lived together in the state as husband and wife; and (3) they represent to others that they were married. 14 The existence of a common-law marriage is a fact question, and the party seeking to establish the existence of the marriage bears the burden of proving the elements by a preponderance of the evidence. 15An agreement to be married, as an element of proof required to establish common law marriage, may be established by direct or circumstantial evidence. 16 Evidence of cohabitation and representations that the couple is married may constitute circumstantial evidence of an agreement to be married, but "the circumstances of each case must be determined based upon its own facts." 17 D. Maryam Married Amir Prior to Her Marriage to Roger. Under Texas law, to enter into a ceremonial marriage, a person must obtain a marriage license and voluntarily participate in a marriage ceremony. 18 After obtaining a marriage license the couple must appear before an "authorized person" who will conduct the marriage ceremony. 19 An "authorized person" can either be: (a) an officer of a religious organization who is authorized by the organization to conduct a marriage ceremony; or (b) a person that has the reasonable appearance of authority and at least one party to the marriage participated in the ceremony in good faith and treats the marriage as valid. 20 Texas law does not prescribe any specific form for the marriage ceremony and no particular words are required to be spoken by the participants. 21 Finally, the person who conducts the marriage ceremony must, within 30 days: ( 1) record on the license the date of the ceremony and the county where it was performed; (2) sign the license; and (3) return the license to the county clerk who issued it. 22 However, evidence that the marriage was not entered into in accordance with statutory formalities, such as obtaining a marriage license, conducting a ceremony and recording the license, is insufficient to invalidate a ceremonial marriage's existence. 23 A ceremonial marriage can be established by 14 Tex. Fam. Code § 2.401; Small v. McMaster, 352 S.W.3d 280,283 (Tex.App.-Houston [14th Dist.] ~011, pet. denied). 15 McMaster at 283. 16 Russell v. Russell, 865 S.W.2d 929, 933 (Tex. 1993). 17 /d. 18 Tex. Fam. Code§ 2.001. 19 Tex. Fam. Code § 2.203(a). 20 Tex. Fam. Code§ 2.202(a)(3); Tex. Fam. Code§ 2.302; Husbandv. Pierce, 800 S.W.2d 661,664 (Tex. App.-Tyler 1990, orig. proceeding). 21 Id; Texas also does not distinguish between civil and religious ceremonies. Ahmed v. Ahmed, 261 S.W.3d 190, 194 (Tex. App.-Houston [14th Dist.] 2008, no pet.) (date of civil ceremony established marriage because it occurred before religious ceremony). 22 Tex. Fam. Code § 2.206(a). 23 Tex. Fam. Code § 2.30 I (validity of marriage is not affected by fraud, mistake or illegality that occurred in obtaining marriage license); Tex. Fam. Code§ 2.302 (validity of marriage is not affected by lack of authority of person conducting the marriage ceremony); Williams v. White, 263 S.W.2d 666, 668 (Tex. App.-Austin 1953, writ rerd n.r.e.) (Statutory formalities for marriage are merely directory, and Page- 5 Page 5 of 131 presenting evidence of the marriage license and certificate, or by testimony of the parties, the witnesses, or the person who performed the marriage. 24 To illustrate, in Williams v. White, a sixteen year old girl married a seventeen year old boy. Williams v. White, 263 S. W.2d 666, 667 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). The children were able to obtain a marriage license from the clerk without their parents' consent which is required by statute. Id The parents of the girl argued the marriage was void because their consent was not given to procure the marriage license. /d. The court found that "statutes regulating the mode of entering into the marriage relations including the consent of the parents and provisions requiring that a license be obtained before performance of the marriage ceremony, are merely directory, and that, although marriage is entered into otherwise than in accordance with the provisions of such statutes, it is nevertheless a valid marriage unless, of course, the statute declares that its violation shall render the marriage void. Id at 668 (emphasis added); see also Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, no writ) (finding that "every marriage entered into in this state is considered valid ... unless it is expressly made voidable ... "). Since Texas does not have a statute that explicitly declares a marriage between a sixteen-year old and a seventeen-year old void, the court upheld the validity of the marriage despite the invalidity of the marriage license. 25 The court in Portwood went on to explain that "only when by the terms of these statutes it is peculiarly provided that a failure to comply with their provisions shall render the marriage void that this effect is given to them." Portwood v. Portwood, 109 S.W.2d 515, 521 (Tex. Civ. App.-Eastland 1937, writ dism'd); see also In re Estate of Loveless, 64 S.W.3d 564 (Tex. App. Texarkana 2001) (although a marriage is entered into otherwise than in accordance with the provision requiring that a license be obtained before performance of the marriage ceremony, it is nevertheless a valid marriage unless the statute declares that its violation renders the marriage void.); Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, no writ); Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). Even in the criminal courts, it has been upheld that a marriage can be valid without a license though the parties participating in the ceremony may be criminally liable. Chapman v. Chapman, 32 S.W. 564, 565 (Tex. Civ. App. 1895) affd, 88 Tex. 641, 32 S.W. 871 (1895); See also Morville v. State, 63 Tex. Crim. 553, 557, 141 S.W. 102, 104 (Tex. Crim. App. 1911) (upholding a criminal conviction for bigamy when no marriage license was issued; the court found that a prior marriage existed based on testimony of witnesses). Thus, although the Texas Family Code appears to be mandatory in requiring the recording of an executed marriage license, a marriage otherwise valid will not be invalid for lack of recording. Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). marriage is valid even if certain formalities are not followed); Husband v. Pierce, 800 S.W.2d 661, 664 (Tex. App.-Tyler 1990, orig. proceeding) (ceremonial marriage was valid even though there was no marriage license) (emphasis added). 24 See Forson v. State, 296 S. W.2d 770, 772 (Tex. Crim. App. 1911) (testimony of minister who performed ceremony); Black v. Shell Oil Co., 397 S.W.2d 877, 881 (Tex. App.-Texarkana 1965, writ ref'd n.r.e.) (license and certificate). 25 ld. Page- 6 Page 6 of 131 Here, Maryam and Amir received a marriage license from the county clerk. See Exhibit "D." After they obtained that marriage license, they were married before an authorized Persian Shiite officiant who married them with religious authority under Persian Shiite marriage traditions. See Exhibit "C." The officiant, Dr. Ghaffari, testified under oath that he married Maryam and Amir and attended their wedding. See Exhibit "F." Wedding guest, Shahrbanoo Khanipour, testified that she attended the wedding of Maryam and Amir and retained the couples' marriage license for safe keeping. See Exhibit "D." Although the marriage license was never filed, it does not invalidate Maryam and Amir' s marriage. There is no specific statute that voids a ceremonial marriage if the marriage license is not filed. See Portwood v. Portwood, 109 S.W.2d 515, 521 (Tex. Civ. App.-Eastland 1937, writ dism'd); In re Estate of Loveless, 64 S.W.3d 564 (Tex. App. Texarkana 2001); Williams v. White, 263 S.W.2d 666, 668 (Tex. Civ. App.-Austin 1953, writ refd n.r.e.). Accordingly, Maryam and Amir's marriage is valid in accordance with the Texas Family Code and Texas case law. As far as summary judgment proof of an informal marriage, Petitioner has offered evidence that Amir and Maryam agreed to be married, which they did in a ceremony before witnesses. Maryam admits herself in her deposition testimony that she and Amir lived together, in an apartment in Plano, Texas in 2010, after the agreement to be married in December 2009. See also Exhibit "H," which is the Business Records and Affidavit of Post Legacy Apartments lease wherein Maryam is identified as the Wife of Amir in his application. Also, in Maryam's application she states that the reason she is moving is because she is getting married. In addition to the lease application, there is summary judgment evidence that Amir and Maryam held themselves out and presented to others that they were married, wore a wedding dress and veil, exchanged rings and vows in a ceremony with witnesses. See the deposition testimony in Exhibits "B" Page 73, lines 22-24, Page 83, lines 11-15; "C"; "E" Page 15, line 8 through Page 23, line 9; and "F." E. Maryam's Marriage to Amir Was Never Dissolved. To establish that a party's earlier marriage was never dissolved, the party must present evidence negating every possible means by which the earlier marriage could have been dissolved; in other words, the party must negate that the earlier marriage was not dissolved by death, divorce, or annulment. 26 (1) Maryam's Marriage to Amir Was Not Dissolved by Death. To prove that an earlier marriage was not dissolved by death of a spouse, the party must present evidence that the spouse was alive at the time of the most recent marriage. 27 In this case, Amir is currently alive. Thus, Maryam's marriage to Amir was not dissolved by the death of Amir. 26 Texas Employers' Ins. v. Gomez, 313 S.W.2d 956, 958 (Tex. App.-Eastland 1958, writ refd n.r.e.; see Nguyen v. Nguyen, 355 S.W.3d 82, 89-90 (Tex. App.-Houston [1st Dist.] 2011, pet. denied). 27 Id Page -7 Page 7 of 131 (2) Maryam's Marriage to Amir Was Not Dissolved by Divorce or Annulment. To prove that an earlier marriage was not dissolved by divorce or annulment, the party must present evidence that he searched every jurisdiction where the parties to the earlier marriage might reasonably have pursued a divorce or annulment. 28 The only states where Maryam and Amir could have lived together since their marriage in December 2009, are Texas and California. See Exhibit "B," p. 84, lines 5-8 and Page 146, lines 18-20 (wherein Maryam states "we lived together in Plano" and when answering whether she lived in California she said "I did, yes."). Roger consulted with a private investigator to research and investigated the surrounding circumstances of Maryam and Amir's marriage and confirmed that the only places where the Maryam and Amir resided was Texas and California. Roger searched in both jurisdictions for any dissolution proceedings for Maryam and Amir between the date of their marriage, December 12, 2009, and the date of Roger and Maryam's wedding, July 28, 2012. Such search yielded no dissolution proceedings on file in either state. See Exhibit "A." Furthermore, Maryam already testified at her deposition that neither she nor Amir sought a divorce or annulment of the marriage. See Exhibit B, page 84, lines 21-25. Thus, in conjunction with Maryam' s testimony, Roger has made the reasonable efforts necessary under the law to prove that Maryam' s marriage to Amir was not dissolved by divorce or annulment. (3) Roger had no knowledge of the Prior Marriage when he Married Maryam Roger did not find out, until after he filed a divorce action, that Maryam had previously been married, much less that she was still married at the time that they married in 2012. See Exhibit A. v. RESPONSE TO TRADITIONAL MOTION FOR SUMMARY JUDGMENT Maryam challenges Roger's action to void the marriage on the grounds that, unknown to Roger, Maryam was already married when Roger and Maryam married. A. Authority/Standard of Review. 28 Davis v. Davis, 521 S.W.2d 603, 605 (Tex. 1975) (finding it not necessary to prove the nonexistence of divorce in every jurisdiction where the parties could have been married, the burden only requires a search of those jurisdictions where a party "might reasonably have been expected to have pursued [a divorce]."); Caruso v. Lucius, 448 S.W.2d 711, 715 (Tex. App.-Austin 1969, writ refd n.r.e.) (civil registry certificates from every county where Husband had lived proved earlier marriage was not dissolved by divorce or annulment.); Hovious, 2-04-169-CV, 2005 WL 555219 at *8 (Tex. App.-Fort Worth Mar. 10, 2005, pet. denied) (record search in all possible jurisdictions of residency yielded no divorce decree); In re A.M, 418 S.W.3d 830, 842 (Tex. App.-Dallas 2013, no pet.); Jordan v. Jordan, 938 S.W.2d 177, 179 (Tex. App.-Houston [1st Dist.] 1997, no writ). Page- 8 Page 8 of 131 The purpose of the summary judgment procedure is to permit the trial court to promptl y dispose of cases that involve unmeritorious claims or untenab le defenses.29 Summary judgment is proper only if the movant can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. 30 When evaluating a motion for summary judgment based on summary judgment proof, the trial court must assume all the nonmovant's proof is true, indulge every reasonable inference in favor of the nonm ovant, and resolve all doubts about the existence of a genuine issue of a material fact against the movant. 31 The nonmovant does not have to marshal its proof; it only has to point out ev idence that raises a fact issue on the challenged e lements. 32 Argument. Petitioner, tluough the summary judgment evidence offered by Petitioner, set fo rth herein above in this Response to No Evidence Motion for Summary Judgment that is fully incorporated into this Response to Motion for Summary Judgment, has without a doubt created a general issue of material fact issue as to whether or not Maryam was married to Amir at the time that she married Roger, unknown to Roger. Maryam writes in her affidavit, attached to her Motion for Summary Judgment, that she was not ever married to Amir. Roger prov ided summary judgment evidence from third party w itnesses, photographs, and the transcript of the Persian wedding ceremony that prove that Maryam did marry Amir in December, 2009 in a ceremony, or, in the alternative, tluough informal maiTiage, and the marriage never ended . VI. PRAYER Roger respectfully requests that the Court deny Maryam 's Motion for Summary Judgment for the following reasons. The no evidence motion for summary judgment should be denied because Roger has offered more than a scintilla of evidence on each of the elements he has the burden to prove. The traditional motion for summary judgment should be denied because the summary judgment evidence creates a material disputed fact, which is whether or not Maryam was married to Amir at the time she married Roger. Respectfully submitted, :z:RE~ ~'"<- State Bar No. 02430500 Karen B. Turner, PLLC 29 City of Houston v. Clear Creek Basin A uth., 589 S. W.2d 671, 678 n.5 (Tex. l979). 30 Tex. R. Civ. P. 166a(c). 31 M.D. Anderson Hasp. v. Willrich, 28 S.W.3d 22,23 (Tex.2000). 32 .John v. Brewer & Pritchard, P.C., 73 S. W.3d 193 , 207 (Tex. 2002). Page - 9 Page 9 of 131 37 10 Rawlins Street, Suite 1230 Dallas, Texas 7521 9 Telephone: (2 14) 780-0646 Fax: (2 14) 780-0649 [email protected] -and- Bradford Nace State Bar No. 24007726 E-ma il : [email protected] Nace & Motley, LLC 100 Crescent Court, 7th Floor Dallas, Texas 75201 (2 14) 459-8289 (21 4) 242-4333 Fax Attorneys for Roger Arash Farahmand CERTIFICATE OF SERVICE I certify that on October d -'1 , 20 14, a true copy of the above was hand delivered to on all attorneys of record in accordance with Rule 21 a of the Texas Rules of Civil Procedure. Karen B. Turner Attorney for Petitioner Page - 10 Page 10 of 131 THIS DOCUMENT CONTAINS SENSITIVE llATA. NO. 417-56531-2013 A SUIT TO DECLARE VOID § IN THE DISTRICT COURT THE MARRIAGE OF § § ROGER ARASH FARAHMAND § AND § 417Tu JUDICIAL DISTRICT MARYAM FARAHMAND § § AND IN THE INTEREST OF § A CHILD § COLLIN COUNTY, TEXAS ROGER ARASH FARAHMAND'S SUPPORTING AFFII>AVIT ROGER ARASH FARAHMAND appeared in person before me today and stated under oath: "My name is ROGER ARASH FARAHMAND. I am competent to make this affidavit in that I have never been convicted of a felony and I am over the age of eighteen years. The facts stated in this allidavit arc within my personal knowledge and arc true and correct. I am the Petitioner in this case. ··Amir Baghcrkalantari (herein after "Amir") rt.!sidcs in California. attends University of Southern California and is in the school of Engineering program obtaining his Master's Degree. I lc has been listed on both tht.! 2013 and 210-t Dean's List posted on the schoors website and is an active smdcnt listed in the school's studt.•nt directory for the Fall 2014 semester. Amir had an internship with Maxim Integrated and currently is a student worker. Amir resides in California. It is my understanding. based upon rcscan:h. that Amir Baghcrkalantari is not deceased. Ku~'\:1 1\ra.'ll• l.tr.sluuJrlll • :lul'111.lfllll~ .'\llul.!\11 l'a~c I if EXHIBIT Page 11 of 131 l A ··1 have rcsl.'archcd. and I haw had other research on my behalf. possible divorces in Texas and in Calil(>rniu and lind no divorc~o.· h!!twccn Amir and Maryam. which is consistent with Maryam·s deposition testimony thut thl.'y lmvc neither lilcd tt.)r divorce or annulment. ··Not until alter I filed for divorce from Maryum diu I ever learn that she had previously married . .. Exhibit D is a copy of the original marriage license now in my possession. Mahnaz Keyuni. whose deposition excerpts arc in Exhibit E provided me the original marriage license. which had been len with her. "Exhibit C is a transcript of the wedding video that was taken on December 12. 2009. am in possession of a copy of th~ video recording made during the ceremony. The transcript accurately reflects the audio version of the video recording. The transcript reflects the marriage ceremony of Amir Bughcrkalantari and Maryam that was conducted by Dr. Alsru1 Ghaflari. referenced in Dr. Alsan GhaiTuri's testimony and written discovery. "I recognize the hand wriling und signature of Maryam Farahmand in the application she completed. which is a pan of Exhibit G. Affiant says nothing further. Kot."Cr Ara.•h lar~hm.Jnd•) SupJ!t.lllln~ MlioiJ\11 l'ai"<"! Page 12 of 131 State of Texas County of Collin J &a SIGNED under oath before me on Octoba:~2014 , jj,{;,Z,&,~·.; PAOlA Notary A.Slate PutlUc. TOIIRfS Ol fexaa .,., Cornmllllon bpllea 11 ~r£.-:)1g Jutv aa, 2011 -~~....~..:..~-=-~~;;::;.........:::;_ _ _ _ __ Notary ublic. tate of Texas Page 13 of 131 CSI GLOBAL DEPOSITION SERVICES 972-719-5000 EXHIBIT Page 14 of 131 B

⁸ NO ASSIGNMENT OR SUBLETTING: You may not sublet apartment or assign U1is lease agreement without prior \Witten consent of Post.

⁹ DISCLOSURE: Post Apartment Management, a division of Post Apartment Homes, LP., whose address Is Suite 800, One Riverside, 4401 Northside Parkway. Atlanta, Georgia, 30327, is authorized lo act on behalf of the premises owner and management with respect to this agreement, to manage the apartment and the premises and is the premises owner's and management's duly designated agent for setViGB of pro~~ with respect to a('Y matter arising under this agreement · 10. UTILmes: · · · You must pay charges for all utilities provided to the apartment, Including, but not limited to, electricity, natural gas, water and sewer, cable TV and telephone. \I'Jhere applicable, your utility bills mayindooe a one-time deposit, flat fees, oommon usage charges and any Increases as billed by the utflity provider. You must put all utilities In your name Immediately upon signing this agreement. and pay all utility bills promptly. You must not aUow your utilities to be disconnected, te."'mlnated or Interrupted for any reason, including for a failure lo pay your b~is. Breach of this provlsfon shall constitute a material default by you. If Post incurs any utility charges or lato fees associated with your utility bills, they will be charged to you as additional renL You agree U1at Post can change the methodology by which you are billed for utilities wilh thirty (30) days• written notice. You further · -·-----···-·agree and consent that Post;1o·the·cxtentallowed·by taw; has the right-to designatlf'W""'"h't>jour ufdlty provlderifWill be.·To Die extent thal you have a right to choose a rotan electric provider, you agree, for t"'e mutual benefit of both you and Post. that you will choose a rotail electric provider that Post has chosen for the common areas and common faciiiUos of the prcrrJses. WATER AND WASTEWATER UT1LITY SUBMETERING OR AUOCAliON. Water or wastewater utility service is provided by Post on a sub metered or allocated basis, in which case the provisions of the Water and Wastewater Utlllty SubmelerJng or Allocation provision In Paragraph 38 shall apply. 11. FIRE: rr apartment is made uninhabitable by fire not ~e fault or negligence of you, this agreement shall be tennlnaled. 12. HOLD OVER: You shall remove all of your property and deliver possession or apartment in a clean condJUon and good order and repair to Post upon termination, non-renewal or expiration of this agreement In the event you fall to vacate the premises after termination. non-renewal or explratlon, then you shall pay Post an amount equal to two tlmcs the then exlstlng rental rate, prorated by the day for each day held over and beyond the te:mir.ation, non-renewal or expiration of this lease agreement in addition to any other damages. After termination, non-renewal or expiration of this agreement. you ·shaU be deemed to be a tenant at sufferance. Post shall also have the right to store or dispose of any of your properly remaining on the premises after termination of this agreement. 13. RIGHT OF ACCESS: You agroo and consent that Post shall have the right of access to apartment without notice, for Inspection ar.d maintenance during roasonable hours. In case of emergency, Post may enter at any time to protect life and prevent damage to the property. You automatlcany authorize Post to sh0Y11he apartment to prospective renters ar~ you have given notice or termination. 14. USE: Apartment shall be used for residential purposes only and shaH .be occupled only by the person(s) named in your application to lease. Substituion or addition of any occupants wlll be allowable only Vlith prior written consent of PosL An occupant Is defined as any person I:Sted on ycur lease application as an occupant. A guest is defined as any person who enters your apartment. or upon 1he apartment premises, by your expressed or implied lnvllaUon or by an occupanrs expressed Rev.TX2009-1103 Post Properties Page/#2 12/0212009 Page 6 of 19 Page 118 of 131 Post Residential Rental Agreement or implied lnv11atfon. You, an occupant. or any guest shall not usc apartment or per.nlt it to be used for any disorderly or unlaWful purposo or In any manner so as to Interfere with other reslden!s' quiet enjoyment of their apartments. You, an occupant, or any guest shall not violate any federal, state, county or municipal laws or ordinances while at the apartment premises or whlle In tho apartment. Any violation of this provision by you, an occupan~ or a guest may be considered to be a material breach of this lease agreement and grounds for a dispossessory action or an eviction. You, an occupant, or any guest shall not engage In criminal actfvity,Jncluolngdrug-relaled criminal activity, on or near the apartment community. "Drug-related criminaJ activity" means the illegal manufacture, sale, distribution, usa or possession wfth intent to manufacture. sell, distribute, or use or a controlled substance (as defined In Section 102 of U1e Ccnlrolled SUbstance Act (21 USC 802)). You, an occupant or any guest shall not permit the apartment or premises to be used for, or to facilitate, criminal activity (speclficany Including drug-related activity), regardless of whether the tndivldual engaging in such activity Is an occupant Of a guest You, an occupant. or any guest shall not engage In acts of violence or threats of violence, lnduding, but not limited to, the unlawful discharge of flream1s, on or near the apartment community. Any violation of this provision by you, an occupant, cr any guest may be considered to be a material breach of this lease agreement and grounds for a dispossessory action or an eviction. 15. RISK OF LOSS: Initials ~You agree to maintaln comprehenshJe Insurance covering loss or damage to person or property. including, but not Umlted to, Insurance on personal property or property of other persons from protectton of Joss due to or caused by thsft, vandaUsm. damage to vehicles, fnstadatfon and removal of aerial or salellftc dishes, bursting or brcaldng pfpos, by or from fire, windstorm, hall, flooding, leakage, steam, snow or Ice, by or from running water, backing up of drainage pfpas, seepage or the overflow of water or sewage on Ole property of which your apartment is a part. You agree to look only to your insurance for any loss or damage to your property or person. Such Insurance shall be maintained by you for your benefit as well as for the benefit of Post. Post shall not bo liable for damage, theft, vandalism, breakage of glass, or other less of any kind to your personal property or the personal property of your occcpants, guests, or invitees, except where such damage Is due to Post's gross negligence or JntentlcnaJ misconduct. It Is understood and agreed that Post shall not be responsible fer or liable to you or to those dalmlng by, through or under you tor any loss or damage to either person or property that may be occasioned by or through tho acts or omissions of persons occupying adjacent. connecting or adjoining premises, or by or through tho acts or omissions of third parties, indudlng Independent contractors hl:ed by ?ost. At any time prior to or after execution of this lease agreement, Post may, but is not required to, demand from you proof, in a form acceptable to Post. of such Insurance coverage. AllY failure or refusal by you to provide such proof within five buslness clays of such demand shall constitute a material breach of this lease agreement Post's demand for or failure to demand, receipt of or failure to recelve, or review of or failure to rev1ew any proof or other evidence of coverage shali in no way be ceemed an acknov.4edgement or endorsement by Post of the adequacy of such coverage. 16. PETS: No animals, birds, or pets of any kind shall bo permitted In apartment or on premises without prior written consent of Posl Exceptions are made for trained aid cmlmafs for the d!sabl!!d. AI:owing a pet, Including the pot of a guost. to stay In the unit for more than fourteen (14) days in any one year period without prior written permission from Management and lhe payment of the Pet Privllege Charge shall conslitute a material breach of this agreement. Post's written consent must be contained ellhcr in this lease agreement or ln an Addendum to this lease agreement 17. INDEMNIFICATION: You release Post from na.bllity for and agree to indemnify Post against all losses rnamed by Pos! as a result of- (a) your fa!lure ID fulfdl any condition of this agreement; .. (b) any damag~-~ lnlu_ryJt_~~~~n.g.frl.~~ -"'~O'~ ltt..!L~I?.~~ent or prl:lm~e.$, ~Q.Y.QYr.Jn'lliees..orJlcensees or such person's..- .. ·-·· -· ·· -·properryunconnected with Posrs negligence: (c) your faUure to comply with any requirements Imposed by any gove:nmental authority: and (d) an~· judgment, lien or oU1er encumbrance filed against apartment as a result of your actions. 18. FAILURE OF MANAGEMENT TO ACT; Failure of Post to insist upon strict compliance \'Vfth the tenns of this agreement shall not constitute a walvcr of any vlolat:on. 19. REMEDIES CUMULATIVE: All remedies under this agreement or by law or In equity shall be cumulative. In a legal proceedlng as to any breach of this agreement the prevailing party shall be enliHed to reasonable attorney's fees and an expenses of litigation. inciuding, but not limlled to, court costs and administrative filing fees. 20. NOTICES: Any notice required by this agreement. except as otherwise set forth in Paragraph 6, shall be In vniting and shall be deemed to be given If delivered personally or mailed by registered or certified mail (a) If to you. to the apartment or your last known address; (b) if lo Posl, lo 1hc property management office for the premises tfsted In the opening paragraph of this agreement 21. REPAIRS: You accept apartment in "as is• condition as suited for the use intended. You understand and agree that the apartment, equipment and fixtures wm be under the control of you, and agree to keep said apartment, together ·wilh the fixtures at1d equipment therein, b a dean, sig.;Uy and sanitary conditio:l. Post wiD make necessary repairs to apartment viith reasonable promptness after receipt of M1l!m notlce from you. Verbal notice is lnsufficlenllf any damage, beyond normal wear and tear, is caused by you or your occupants, guests or Invitees, you agree to pay Post the cost of repair as addiUonal rent. with lhe naxt rent payment. You may not remodel or structurally change the apartment, nor remove any flxturo or equipment therefrom without prior written consent of Post If (a) you have delivered the required written notlce(s) to repair or remedy a condition of the type that materially affects the phystcaJ health or safety of an ordlnary tenant, (b) you were not delinquent In paying rent at the time such notlca(s) were delivered. and (c) Post has failed to dlllgently repair Rev.TX2009-1103 Post Properties Page#3 1210212009 Page 7 of 19 Page 119 of 131 Post Rosldentlal Rental Agreement or remedy such condition withtn at least 7 days, you may have certain non·Judlclal remedies Including tennlnatlon of the lease or repalrlng the condition and deducting such repair expenses from rent. The requirements and conditions that must be satisfied In order for a tenant to exercise these non-Judlclal remedies are set forth and described ln Sections 92.056 and 92.0561 of the Texas Property Cede. If you aro oltglble to terminate the lease, you may also be entitled to either a pro rata refund of rent, a deduction of your security deposit from rent, or a refund of your security deposit In accordance with applicable Jaw. If you are eligible to repair the condition and then deduct the expenses from rent, there are specific requirements In Section 92.0561 of the Texas Property Code regarding additional notices that must be denvered, restrictions on who can make the repairs, and limitations on the amount of repair expenses which can be deducted from rent. In addition to the above-described non-judicial remedies, you may also have certain judicial remedies that are described In Section 92.0563 of the Texas Property Code. Resident Is hereby notified, and understands, that, during the term of this agreement, lndudlng any extension or renewal hereof, rehabilitation, repair, and maintenance prolects may be conducted on lho premises, Including in unlls, common areas, amenities. parking areas, and on tho exterior and interior of buildings. Post Is not obligated to undertake or conUnue any particular project The possibility of any project has not lmj)acted your decision to enter Into this agreement If a project occurs, such project will continue for as long as necessary until terminated or completed in Posrs sole discretion. Such projects may, at limes, create unfavorable conditions, Including but not limited to: obstruction of common hallways and breezeways, obstruction of parking areas, obstruction of balconies, decks, and \"Jindows, temporary or permanent closing and/or changes to amenity areas, limited use of elevators, dust, debris, odors, and noise. Resident acknowledges that Resident may experience unfavorable conditions related to such projects and Resident agrees that such conditions, individually or collecHvely, will in no way constitute a breach of Ulis agreement, Including the covenant of quiet enjoyment, or serve as basis for any claim by Resident against Post for constructive evlcllon or a reduction In renl 22. ABANDONMENT: If you remove or attempt lo remove personal property from the pfBmises oUter than in the usual course of conUnulng occupancy, without first having paid Post all monies due, or after the termlnatJon of this agreement. the apartment and/or garage and/ot storage bin may be considered abandoned, and Post shaD have the rlgh~ \vlthout noUco, to store and/or dispose of any property left on the premises by you, pursuant to Texas stawtes. You agree and consent that any such property shall be considered Post's property and title shall vest In Posl Post, In its sole discretion, shall have the right to determine other circumstances under which It oonslders the apartment and/or garage and/or storage bin to be abandoned. You agree that such circumstances as evidence of ab~ndonment of the premises Include, b~t are not limited lo, lhe failure to pay rent or other charges, discontinuance of any utility service, faUure to respond to any notices, phone calls or correspondence from Post. or removal of your personal property from the apartment and/or garage and/or storage bin. In the event the aparbnent and/or garage and/or storage bin is abandoned, Post shall have the rfghl, without notice, (1) to secure the apartment and!or garage and/or storage bin with new locks, (2) to store and/or dispose of any personal property or possessions left on the premises by you or your family, occupants, guests or Invitees, or (3) to re-rent the apartment and/or garage and/or storage bL'l for new residency. You agroo that Post shall have no liability for any actions taken to secure tho apartment and/or garage and/or storage bin, obtain possession or the apartment and/or garage and/or storage bin, or store or dispose of any personal property or possessions found In tho apartment and/or garage and/or storage bin when Post deems the apartment and/or garage and/or storage bin to have been abandoned. You acknat'olledgo arx! agree that Post's acts or failure to act with regard to securing the apartment and/or garage and/or storage bin, obtaining possession of the apartment and/or garage and/or storage bin or storing or disposing of any. personal property or possessions found in lhe apartment and/or garage and/or storage bin under cireumstance8 which, are. or may Indicate abandonment. are a contractual matter to which you have given your consent, and any aneged breach shan not give rise to a claim In tort nor to a claim for punitive c!amages. 23. LENDER'S RIGHTS: Your lights under this agreement shall at all times be subject to and subordinate to any deed to secure debt. mortgage, or any other security Instrument which Is now or shall hereafter be placed on premises of which apartme."lt Is a part If requested, you shall executa promptly any certificate that Post may request speclflcally to Implement the subordination of your lease. 2~. DEFAULT BY YOU; If you fail to pay any rent or other charges as and when due hereunder. or if you abandon the apartment ·- ······-··-······· or faiHo·perfonn any ofytJur-obllgation~hcreunder;-cr If you~violale any provistcn·of·thts··agreemonnrl'-anY adoitio·nw rules· anc· regulaUons, or If you violate any criminal laws on the premises, regardless of whether arrest or conviction ocoors, or if any fa~ confalnod In your rental application aro untrue or misleading, then, upon the happcn!ng of any said events, you shall be in default hereunder and Post may at Its opilon eilher {a) terminate th1s agreement, or (b) termlnate your rights of possession without terminating this agreement, by written notice to you. You shall surrender possession of the apartment and any storage or Garage area to Post upon the effective date of such termination notice and you shall be liable to Post for, and shall Indemnify Post aga!nst, all rent loss and other expenses (for re-letUng, cleaning or otherwise making tho apartment suitable for re-letting) suffered or incurred by Post as a result of your derault and the lenninatlon or the agreemenL Post's application of the security deposit (If any) sha9 not rellove you of liability for any other rent. charges. damages or other costs untU the lenn of this agreement expires or 1he apartment is re-rented, whichever comes firsl Once you have vacated the apartment, you will be sent a statement of deposit that may Indicate a balance cue to Posl My such balance outstanding thlrty (30) days after mailing of the statement sha!J bear Interest at lhe rate of 16 percent per annum. Interest on the debt evfdenced by lhis agreement shaft not exceed lhe maximum amount of non-usurious lntcrest that may be contracted for, taken, rese.rved, charged, or received under law and any interest in excess of lhat maximum amount shall be credited on the prindpat of the debt or,lf that has been paid, refunded. Notwithstanding the filing of a dispossessory proceeding or an eviction and the Issuance and execution of a writ of possession on account of any default by you, you shall remain liable to Post for an rent and other chargea accrued through the date en which possession Is obtained by Post and shall continue to be liable for any rent accruing thereafter untll the earller of (a) the explratlon of the term of this agreement; or (b) the re-rental of the apartment. 25. MANAGEMENrS PERMISSION OR CONSENT: If any provision of this agreement requires the permission or consent of management as a condition to any act by you, such permission or consent must bo in writing and may be granted or withheld Rev.TX2009·1103 Post Properties Page#4 12.10212009 Page 8 of 19 Page 120 of 131 Post Residential Rental Agreement in the sole dlscrction of Post. may contain such conditions as Post deems appropriate, shall be effective only so long as you comply with such oondiNons and may be modified, ravol<ed, or withdrawn by Post at any time at Post's sole discreUOn, upon notice to you. 26. PACKAGE RELEASE: By signing this agreement you 3U!horlze Post to accept any packages which are delivered by mail, or otherwise. You understand that Post vJIII not accept any package shipped COO or having postage due. If Post does accept a package for you, you agree ll-tat Post will have no responsibility to examtne the condition, or determine the contents, or take any precautions in !he handiL'lg and storage of the package. Post accepts packages solely as a favor to you, without conslderaUon, and you release Post from any claim you might otherwise have for loss or damage suffered as a result of Post's accepting, refusing to accept, holding, stor!ng, handling or disposing of any such package, even If such loss or damage Is due to the negligence or other act or omission of Posl AddiUonally, you agree to Indemnify Post for any such claims made by a third party. You, and not Post, absolutely assume all risks of damage, theft, destrucOon, or loss for any reason of any package received by Post. The term "package" Includes ar.y parcel, goods or other Items of value. 27. RULES AND REGULATIONS: (a) Signs: You shall not display any signs, exterior lights or markings at tho premises. No awnings or other projections shall be attached to the outside of the buading of which the apartment is a part. (b) Entrances, Hallways, Breezevmys, 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/Satellite Dishes: Radio or television aerials or satelHte dlshos, no larger than 1 meter In dlametor. are permissible within the apartment. Such permisslon does not extend to outside windows, doors and wal!s, nor to antemaslsatellite dishes that extend beyond a balcony railing or a patio line on a ground floor, nor can you damage the a;Jartment in the Installation or removal. You must keep your aerials and satellite dishes In good wortdng order and aj)pearance. (d) ~You agree to abide by all parking rBGUiaUons established by Post. By signing this agreement. you acknowledge that you have previously been provided by Post wilh a copy of all parking and towing regulations adopted by Posl No campers, recreational vehicles, boats, trailers, mobile homes, buses, commercial vehicles or mechanized equipment may be allowed on the premises without Post's prlor written approval. If Post has designated spaces for you to park or · areas for boats, trailers, campers or other vehldes. you agree to park only In those spaces so deslgnated. Non-operable, abandoned or unauthorized vehicles or equipment are not permitted on the premises. Any such non·operable, abandoned or unauthorized vehicle or equipment may be removed by Post al the expense or you or other person owning same, for storage or pubUc or private sale, at Post's option, and you or the person owning same shall have no right of recourse against Post therefore. The definition of non· operable. abandoned or unauthorized vehicles or equipment shall be liberally construed In favor of management In addition, but not limited to, their generally accepted definitions, ~unaulho.1zed" and •nOIW)perable• shall also mean vehicles which: 1. Are noxious, offensive, unsightly, llnpleasanl or unkempt such as could reasonably affect the appearance or rental marketabiflty of the premises or such as could reasonably cause embarrassment. discomfort, annoyance. or nulsance to Post or other reslde.1ts; 2. Are causing damage to the apartment complex or the parking lo~ tncludlng, but not limited to, all or gas leaks. seepage or spills. and motorcycle kickstands \'Vhich slnk Into the pavement; 3. Are not preViously approved and registered with Post as required: ~. Aso not property parked between parallel nncs or other lines marking spaces for parking: 5. Ase blocking access to any prohibited areas, designated "no parking" areas, fire lanes, flro hydrants, Ingress and egress travel lanes, entrances, exits, trash dumpsters or compactors, car.'Jash bays, or maintenance cr ser1lce areas; 6. Are left on blocks or jack slands; 7. Appear to be fn a stato of disrepair. 6. Appear to be incapable of self-propelled movement; 9. Do not have a proper license tag, proper handicap hang-tag, decal, or other designation, current license decal .. __v.alidallan.stl.d.<er...current.state. emissions Inspection stlc.lter or mlnlmum..appllcable.motoJ:.vehlde..Jnsurance. · Post may tow such a vehicle after giv.ng you at least ten (10) days' written noflce that the vehicle will be towed at your expense if not removed; 10. Are not owned by you. An •abandoned motor vehicle• shall tndude, but is not limited to, any vehicle, motor vehicle or trailer which has been left unattended on the premises for a period of not less than thirty (30) days without anyone having claimed ownership of II. Vehldes may not be repaired or washed on the premises, except In specfflcatly designated areas when they aro provided. (e) Combustible Materials and Heaters: No goods or materials of any kind or description which are combustible or V..'Ould Increase flre risk shall be kept or stored In the apartment, r.or shall such Items be taken to or placed In storage, balcony, patio or garage areas. You may not use gas, kerosene or electric heaters or any other heater other L"\an your apartmenrs buitt-in heating system. Post shall n~ 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 ciean at all limes. No items shatl be stored, hung or draped on railings or other porUons of balcony or pauo. No charcoal or Uquld-flUod petroleum gas or liquid fueled burners, heaters, grills or other cooldng devices shatl be kindled or maintained on balconies or ground noor patios or othervllse In vio!ation of law. (g) Recreation, Storage, Service, and Amenities Areas: You agree lhat any recreation, storage, service, and amenities areas, if U1ey are available at U1ls property, are not provided as part of the related services or facilities under, or in consideration for, this agreemenl You also agree that Post may curtail or eliminate such services orfaclliUes in Its sole discretion, and you will not be relieved from t."le terms of this agreement or entitled to any reduction In rent If such servloes or facilities are curlaDed or eliminated. You agree to abide by rules and regulations established for use of recreational, storage, service, and amenities areas provided by Posl Rev.TX2009-1103 Post Propertlcs Page#S 12/0212009 Page 9 of 19 Page 121 of 131 Post Residential Rental Agreement (h) Resident Ua~le for Actions of your Occupants. Guesls or ln\lltees: You shall be responsible and fiable for the conduct of your occupants, guests or Invitees. Acts or failure lo act of your occupants, guests, or Invitees In violation of this agreement, any addenda, or management's rulos and regulations may be deemed by management to be a breach by you. You acknowledge and agree to communlcate and explain all addenda, rutos and regulaUons, and the tenns of this lease agreement to your occupants, guests and lnvllecs. (1) Drapes and Shades: Afl drapes and shades installed by you must present a uniform exterior appearance. (j) Water Beds/Hot Tubs: You shall not have or keep any water beds or hot tubs tn tho apartment without p~or written penntssion of Post. (k) Conduct: You agree to handle your communications and conduct with management, including, but not limited to, Us agents and employees, or independent contractors and vendors hired by Post, and with all other residents, occupants, guests or invitees In a lawful. courteous and reasonable manner. You shall not engage in any abusive behavior either vcrbel or physical, or any form of Intimidation or aggression, directed at management, Its agents, employees, vendors or any other residents, occupants, guesfs, invitees, or any other person on the premises. lf requested by Post, you agree to conduct all further business in writing. Any acts of abusive behavior whether verbal or physical by you or your ocaJpants, guests or Invitees, shall be groW1ds for termlnatlon of this lease agreement and will entitle Post to exercise all of its rights and remedles for default. You agree not to damage your apartment or any other portion or the premises, Including but not limited to, the physical racillties, buildings, trees or landscape. You shaD be liable for all acts or (allure to act of your occupants, guests or invitees which result In damages to lha apartment or the premises. You shall remain liable to Post for any damages which exceed normal wear and tear and agree to pay Post promptly upon notice of suCh damages, notwithstanding whether the repairs have actuany been mado. Further, your acts or failure to act Which results In damages to the a;>artment or premises shall constitute grounds for lorrnlnation of this teaso agrcomenl Any amounts due from you because of damage exceeding normal wear and tear shall constitute additional renl (I) ~Jlove-ln: You agree and acknowledge that you have been given a properly signed list of any exlsUng damages to the apartment. have been given the right to Inspect the apartment and have approved this nst except as specified In wriUng to Post {m) Keys: Post may checkout keys to the apartment with your prior written permission specifically Identifying the individual or company you intend to receive a key. lt is your responsibility to return lhe checked out keys to Post the same day or to oover the cost of changing the locks to the apartmenl Resident acknowledges that Post does not provide lock out service after hours. (n) Mechanical Closet Resident will not use any mechanical closet for storage any type. or (o) Smoke Detectors: Post will fumish smoke de lectors as required by statute, and Post will test them and provide working batteries when you flrst take possession. Nter that. you must pay for and replace batteries as needed, unless the law provides otherwise. 28. ADDITIONAL RULES AND REGULATIONS. You agree and understand that additional rules and regulaUons may bo established by Post during the Initial or a renewal tenn. Such additional rules and regulations shall be effective five (5) days after b9tng personally delivered to you or mailed by certified or registered mall. You acknowledge that the availability of amenities ls subject to change In Post's sole discretlcn and that a:1y such change shan not oonstltute a breach of 1his agreerr.ent. 29. GENDER: In all references herein to •resident" or •you" or "your," the use of the slns;ular number Is Intended to include the appropriate number as the text of this agreement may require, and an gender references to malo or female are Intended fo bo gender neutral. 30. NO ESTATE IN LANO: This agreement creates only the ralatfcnshlp of landlord and tenant between Post and you: you have a usufruct only and not an estate for years; and no estate shall pass out of Posl 31. ENTIRE AGREEMENT AND SEVERABIL!TY: This agreement and any addenda, Including without limitation, rules and regulations, constitute the entire agreement between L'le parUes and no prior, concurren~ or subsequent oral statements shall be binding. lf any provision of thls agreement Js Invalid, such provision shall be considered deleted from this agreement and shall not Invalidate the remaining provlslons. You further agree that the terms and conditions of this agreement shall also .. apply.to.and.govemthe.lease..of.any_garasc.and/or.storage bin except as to the term, use,.rental amountrand.notlce ... _.. _····· ····-····· -· · -··--·-··------ provisions. 32. JOINT AND SEVERAL LIABILITY: Each parson \VhO signs this agreement understands and agrees that their liability hareundor is both joint and several with avery other person who signs this agreement. 33. SUCCESSORS AND ASSIGNS: Subject to Paragraph 23, aJI provisions contained In this agreement shall be binding upon, Inure to the benefit of, and be enforceable by the successors and assigns of Post ti f),APARTMENT SECURITY ACKNOWLEDGMENT: tJ!..lf'nltials ..... ., / Post does not provide or guarantee security for personai safety or property of you. your occupants, guosts. or Invitees. Post Is /-~-) not obtigatcd to warn you of crime, to prov!dc security, or to reduce the risk of crime on the premtses. You agree that Post Is not responsible for lhe actions of or any damages caused by other residents, guests, lntruders, or trespassers. You agree that you will Inspect your apartment residence continuously after occupancy to make sure that any Post-provided smoke detector, flre extinguisher, and door and window locks are adequate and In good working order. You promlse to give immediate wriUen noUce lo Post lf.you determine ihat any of these Items. or any other Item affecting the safety or security of your residence. need repair or replacement. Provision of any Items or services that could relate to community safety does not In any way obligate Post to provide for the safety or security of you, your occupants, your guests, your Invitees, or your property. \'Vhile oourtesy officers may reside within the communlly or temporary guard patrols may take place, these indlviduals do not have any responslbiity for your personal safety or security. and courtesy officers may move out or guard se!Vlces may terminate at any time without notice to you. You agree to look solely to public pollee authorities for security and protection. ln the event of loss or Injury due to criminal actlvUy on the premises, you agree to look solely to your Insurance against such losses and agree to hold Post hamlless from any cl.aims for damage dua to criminal acts.lfyour rosldenco has an Individual security system In I~ Post did not Install, design, or manufacture the security system, and Post does not activate. operate, maintain, or Rev.TX2009-1103 Post Properties Page#6 1210212009 Page 10 of19 Page 122 of 131 Post Residential Rental Agreement monitor the security system. You agree that Post shalf have no liability whatsoever with respect to the Installation, design, manufacture. use, operation, maintenance, monitoring, effectiveness, or functionality of the security system. It Is your declslon whether to activate the system. and any such activatlon must be arranged through an independent security company under an agreement vlith lt. You agree that it Is your responsibility to learn from the security company how to properly operate the security system. and you understand that the security company Is solely responsible for all aspects of tha security system. Whatever amounts the security company charges you for the use of the security system are payable directly to that company and you, not Post, are responsible for the payment of such charges. Post fs not responsible for the acts or omissions of the security company and docs not guarantee or warrant the services of the security company In any respect You agree 1o hold Post harmless from any and all dalms for losses of any type arising from any aspect or the security system, and you agree ·to look to your ov.m insurance for any loss due to personal injury, death, or property damage. 35. MOLD: You are hereby notified that the premises may be subject to the infestation of mold or mlldeo.v if not properly maintained. if leaks or other water damage occur, or If excess moisture Is allowed to accumulate. If moldy materials are allowed to grow, exposure to mold organlsms and associated products can occur through inhalation or direct physical contact. While most molds that are routineJy encountered are not hazardous to healthy individuals, some uncertainties exist concerning the potential results of mold exposures In buildings. People who have experienced continued or heavy exposure or are sensitive to some chemicals produced by molds (mycotoxins) may report symptoms similar to those associated with asthma, hay fever, or other allergies. To reduce the chance of such potential conditions or exposures, you must take steps to prevent mold growth. must arrange for proper actions If mold is discovered, and must comply with the other requirements set out In this agreement. You acknowledge that the most reliable methods for Identifying the presence of mold or mildew or conditions favorable to Ulcir growth are: (i) routine visual inspections for mold growth, signs of leaks, water damage, and wetness; and {ii) odor Inspections for sources of mold odors. Whenever leaks. water damage, wetness, mold, or mildew are fdentlfled, they must be addressed immedtately.You agree to maintain the premises In a manner that prevon!s the occurrence of an Infestation of mold or mlldow and prevents concfltlons favorable to their growth. You agree to uphold thls responstblllty in part by adhering to the "TTps on Mold" in the Resident Directory and by complying with the following fist of responslb!Hties: 1. You shall take an reasonable measures to control the moisture level of the interior of the premises by immediately reporting to Post any water Intrusion, such as building leaks, plumbing leaks, drips or "sweating• pipes, other wetness, water damage, or elevated moisture levels. 2. You shall &mit the sources of Indoor humidity by increasing fresh air venl!lation when outdoor air Is not humid, and warming cold surfaces where condensation occurs. 3. You shall use bathroom fans whUe showerir.g or bathing and shall immediately report to Post any non-working fan or window. 4. You shall use a:1 reasonable care to close all windows and other openings In the premises to prevent rain or other forms of precipitation from penetrating Into the lntorlor un!t. 5. You shall use exhaust fans whenever cooking, dishwashing, or engaging ln watcr~based or other wet cleaning techniques. 6. You shall clean and dry any personal prcpeftoJ within 24 to 48 hours of water intrusion and shall monitor those llems to verify that no mold or mildew growth occurs. 7. You shaH notify Post lmmedlately upon discovery of any damp or wet building materials, such as wet wallboard cr ceUlng tiles. 8. You shaD conduct a visual and odor Inspection of the pramlses for the presence or mildew, mold growth, leaks, or water damage at least once per month. Theinspectlon shall include. but not be limited to, an examinaUon of: (a) \t'Jindow frames an::! carpets; (b) Ceilrng tiles. and any currenUy or formcrty damp or wet material made of cellulose (such as wallpaper. books, papers, and newspapers); {c) All Indoor plants: and (d) Personal property. 9. You shall immediately report to Post if mold or mildew growth Is noted on surfaces inside the premises, and the growth affects more than a very small area that you will dean and dry prompUy. (A very small area Is generally not more than one square fool) Most very smaD areas of mold can be cleaned by uslng water and detergent or bleach and drying the surface completely afterwards. Jf !n doubt about the size of the area or your ability to dean ft properly. report the mold Immediately so ... JhalP__ost can.address.il ...---·--··-- ----··-·----..--.. . . - .. - . -·-------·---·--.. ----.. -···-·····-···-··-·-·········· ··· ·-········ 10. You also must report to Post whenever mold, mildew, leaks, v~ater damage, or other evidence or moisture problems are observed elsewhere in the complex. 11. You agree to not bring any personal property Into the unit that you know or suspect contains mold, especially ''soft possessions" such as sofas, mattresses, and pillows. 1f you discover evidence or mold on such Items ahd need help In arranging for disposal, notlf-J Post. 12. You hereby agree to defend, indemnify and hold harmless Post against and from any and all acUons, causes of action, dalms, demands, liabilitieS, losses. damages and expenses of whatsoever kind, lncluclng, but not llmr~ to, reasonable attorney's fees at both the lriat and appellate leve!s. that Post or any or all of Its affiliates m2y at any time sustain or Incur by reason of any and all claims asserted agair.st them lo tt.e extent that such claims ar1so out cf or are based upon any poter.lially health affecting substances brought, or allowed lo be brought, into the premises, or caused to Infest tha premises as a fE!.SUit of the negligence of Resident. or any guest or other person living In, occupytng, using or residing In the premises. Breach of thls mold provision constitUtes a material breach of this agreement. 3S. ARE SAFElY TIPS: Resident agrees to make this information available lo any occupants. guests, invitees or visitors. 1. NEVER smoke In bod. 2. Locate the exits In your building. 3. Locate all fire extinguishers. 4. In case~ fire: A. eaas11 B. Do not panic c. Notify the property's leasing office Rev. TX2009-11 03 Post Properties Page tt7 1210212009 Page 11 of19 Page 123 of 131 Post Residential Rental Agreement D. Do not cse any elevators E. Do not prop open doors to exU staircase F. Do not thrcm water an a grease fire G. Do not jump unless instructed by firemen or police 37. CONTRACTUAL LIEN AND PROPERTY LEFf IN APARTMENt (a) Removal After We Exercise Uen for Rent If your rent is delinquent, our representative may peacefully enter the apartment and remove and/or store all property subject to lien. (b) Removal After Surrendor. Abandonment. or Eviction. We or law officers may remove and/or store all property remaining In the apartment or in common areas (including any vehicle you or any occupant or guest owns or uses) if you are judicially evicted or if you surrender or abandon the apar.menl (c) Storage. We will store property removed under a contractual lien as required by law. You must pay reasonable charges for our packing, removing, storing, and setting any property. We have a lien on an property removed and stored after surrender, abandonment, or judicial eviction for all sums you owe. {d) Disposition or Sale. Except for animals and property removed after the death of a sole resident. we may throw away or give to a charitable organization all items of personal property that are: (1) left ln the apanmenl after surrender or abandonment: or (2) loft outside more than one hour after a writ or possession is executed, following a judicial eviction. Animals removed arter surrender, abandonment. or eviction may be kenneled or turned over to local authorities or humane societies. · - 38. UTILITY SUBMETERING OR AllOCATION: WATER AND WASTEWATER UTILITY SUBMETERING OR ALLOCATION (a} The resident will be billed by Post for submelered or allocated uUiily services. whichever is applicable. Water and wastewater submetered to the OvJelling Unit wUI be included In the bill Issued by Post. (b) For information purposes only, during the previous calendar year Identified below, the following Is provided: For calendar year 2007: the average monthly bltl for all dwelling units was $13.62. the highest monthly bill for that period was $123.34. the lowest monthly bill for that period v.oas $0.00. Water and v.tasle\\'aler billings will vary over time depending on usage characteristics, changes in the rates Imposed by the retail public utility that provides service to the Post property, or other factors. Actual billings to residents should therefore be eXpected to vary from the average monthly bill for all dwelnng units In the previous calendar year and to vary from the highest and IOitJeSt month's bills for that period. . (c) The due dales for payment of water and wastewater billings shall be due sixteen (16) days arter the bill is ma!led or hand deUvered to the resident. unless the due date falls on a federal holiday or weekend in which case the fotlowing work day shall be the due date. Payment shaiJ be made to the address of the on-site management office, as specified on the bill. (d) Post will repalr leaks in the resident's unit. and in common areas If common areas are not submetered, within (8 hours barring unforeseen cirrumstances or other matters beyond !he control of Posl (e) Post and the residant agree that submeter bill Issuance, submeter readings, requests for submotor tests, charges for submeter testing, issuance of estimated b~,ls, billing errors,' bnJing disputes, changes in billing methods, interruption or dlsconUnuance of service, and partial month's bills for move-In or move-out shall be governed by 1he requirements of Subchapter H of Chapter 291, Title 30. Texas Admlnlstrattve Code. relating to Utllity Submeter!ng and Allocation. as such tulos may from lime to time be amended pursuant to tho Texas Administrative ProccdlJre Act. or as otherwiso required or provided by law. In addition, tho terms of this Addendum are subject to such requlromonts, and those requirements control In the event of any contlicl between those requirements and the terms or this Addendum. (f) The resident has the right to receive lnfonnation from Post to verify the utility bill. Upon resident's written request, Post shaD make the submoterlng or allocation records, as required by law, available for resident inspection. Such inspection shan be at the onsite manager's office during normal business hours. within three (3) days after receiving such written · ·· ···request·if.such record~re·mairrlained·aHhe·cnslte manager's·office; or within fif+.een (15)·days afterrecai'itn~rsuctr-·-·-··~·····················-····-···· ·-.. ·· wrilten request If such records are not routinely maintained at the onslte manager's office. If there Is no onslte manager, Post shall make copies of the records available at the resldsnfs dwelling unit at a time agreed upon by the resident v.ithln thirty (30) days of Post receiving the written request from the residenl At Posfs option, coptes or such records may Instead be provided by man If postmarked by mldnl~l of the last day of the respective applicable periods spedfied above. Any disputes relating to the computation of the resident's bill or the accuracy of any submetering device will be betWeen the resident and Posl (g) If the retail public utility's rate structure Includes a d\.'v-elllng unit base charge, Post shall bill each dweU!ng unit for the base charge applicable to that unit. Post shall not bil! the resident for any dwelling unit base charges applicable to unoccupied dwelling units. (~) If the retail public utilfty's rata structure Includes a customer service charge, Post shall bl!l each dwelllng unit the amount of the customer service charge dlvldec:t by the totai number of dwelling units, Including vacant unfts, that can receive service through the master me~er serving the residents. {I) If utility service is submetered, the .charges shall include any dwelling unit base charge and customer service charge, if applicable, and the gallonage marge calculated eam month as follows: the retail pubnc utility's total monthly charges for water service Oess dwelling unit base charges or customer service charges if applicable), divided by the total monthly water consumption measured by the retail public utility. muitJplfsd by the resident's monthly consumption or the volumetric rate charged by the retail public utility to Post multiplied by the resident's monthly water consumption. 0) If uti~ty service !s allocate<i, the charges shan be allocated by taking the retail public utility,s master meter bill for water and sewer service, deducting any dwelling unit base charges or customer service charge, if applicable, and deducting common area usage such as installed landscape irrigation systems, pools and laundry rooms. if any. and multiplying the net amount by the average number of occupants per bedroom. which shall be determined by the following occupancy Rev.TX2009-1103 Pest Properties Page#8 1210212009 Page 12 of19 Page 124 of 131 Post Residential Rental Agreement formula. The formula shall calculate the average number of occupants In all dwelling units based on the number of bedrooms In the dwelling unit according to the scala below, notwithstanding the actual number of occupants In each or the dwelling un\t's bedrooms or all dwelling units: dwelnng unit with an efficiency = 1 dwelling unit with one bedroom= 1.6 dwelling unit with two bedrooms = 2.8 dwelling unit with three bedr<:oms = 4 + 1.2 for each additional bedroom. (k) AU water used for tho lnstaUed landscape irrigation system is metered or submetered and there arc other common areas such as pools or laundry rooms that are not metered or submelered, and 5% of the retail public utility's master meter blll is deducted In the calculation for allocated ser~lce. (I) Resident acknO'~o1edges that at the time l"tls lease agreement was discussed, Post provided to resident a copy of the current version at that time of Subchapter H of Chapter 291, Title 30, Texas Administrative Code, rolatlng to Utility Submetering and Allocation, or a copy of the current version at that time of the Texas Natural Resource Conservation Comrnlss!on executive director's summary of those rules, to Inform the resident of his or her rights and Post's responsibilities under those rules. 39. TERMINATION FOR FAMILY VIOLENCE OR MILITARY DEPLOYMENT: Tenants may have special statutory rights to terminate this agreement ear!y in cerlajn situations lnvo[ving family violence or a military deployment or transfer. 40. SPECIAL PROVISIONS: • For the first 3 months of Resident's occupanC'J of the apartment under U1e Agreement, Resident shall be enthled to a conditional credit o(-$~0.Q~OP per month with respect to the monthly rent specified in Paragraph 3 hereof. This credit shall expire at the end qf o2i2o1·o. However, shoUld Resident for any reason fail to remain In occupancy during the entire initial term hcrcoft or should Resident otheiWise fall fully to comply with any of the terms and conditions hereor, then the condltkmat allowance of such credit shall be revoked and the entire sum of the previously allowed monthly credll shall become immediately duo and payable as additional rent. You agree and consent that any violation of the listed provisions may be deemed to be a material broach of this agreement. LID 1Ws - lnlttals. I do not have a pet at this time. I completely understand the requirements for pets and the regulations ll-tat pet owners must follow. 1 agree to let management know if I obtain a pel and I will comply with all requirements of pet OYtners. I agree and consent that any violation of ¢tis provision may be deemed to be a material breach or , thl~ agreemenl ../ • '{pu ~y~ .c;IQ_poslte(f:V~t,h. ~fl£1gemCQHIJ~ addltlonal:§.l1J.RRf $~~.QQ ~~:add.lticmal ,~~cpr;fw.. You agree that said sum of money cannot be appned to any rent due. This deposit will be handfed as set' out in Paragraph 5. • You acknowledge receipt of 2 remote(s), 10 numbers(s) 14468; 14487, at a fee of $0.00 for each remote. for opening the gate(s), as well as a copy of the Automatic Gate System Instructions, If appUcable. You understand that replacement or additional remotes are available for a feo cf $75.00 per remote. • The gate Is to be used by ONE CAR AT A TIME. Do not attempt to •taJJgate" through the gate as It will lower and/or close after each car. This action would cause veh!cle damage. You agree and consent that Post ls·not liable for damage Incurred In this manner. • Resident agrees to pay a $350 Transfer Fee upon transfer to ~mother Post Apartment Home during the term of this lease. ReSident must abide by other rules regarding l"ansfers. In the event that the resident has had a concession during the term of the current lease, the entire amount of l"lls conditional aUowance shall become due and payable as addiUonal rent in accordance with lhls agreement prior to the transfer. • You agree to pay a monthly fee of $5.00 for trash collection. This amount shall be due and payable as additional re!il. • SPECIAL STIPULATIONS: None. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed In person or by a person duly authcrized the ...day and-year written above. ---------·- -- -·· ·---....... --- · ·-··----·-·--·· ·--·-· -·---· -··--····-·-..·-···--·· ····· ·- • · BY SIGNING BELOW, RESIDENT ACKNOWLEDGES THAT HE OR SHE HAS BEEN GIVEN A SUFFICIENT OPPORTUNITY TO FULLY REVIEW THIS LEASE, HAS READ THE TERMS AND CONDffiONS OF THlS LEASE, AND UNDERSTANDS THE ABOVE LISTED LEASE TERMS AND CONDITIONS (SPECIFICALLY INCLUDING ANY AND ALL "SPECIAL SnPULATIONSJ. BY SIGNING BELOW. RESIDENT FURTHER AGREES TO COMPLY WITH ALL TERMS AND CONDITIONS OF THtS LEASE AS SET FORTH ABOVE. ~j~d ~ Representative of Post Apartrnent Hcmes, LP. ~~:..· :? ·).' .. •· •if ~~prrgacy. LP. Oa~e Rev.TX2009- i 103 Post Properties Page#9 12/02J2009 Page 13 of 19 Page 125 of 131 Posl Residential Rental Agreement (always call 911 for pollee, fire or medical emergencies) M;ryam PaNIZ-Khyavi __j_d--{1- OCJ Date Rev.TX2009-1103 Post Properties Page#10 1210212009 Page 14 of19 Page 126 of 131 . \. . ~oofil fl . .~· •· ,j}. .....J' . (Each OccUJlllnl CIDS[ .i'Jbclt S Sepuatc apl)liatron urtl:ss the Appl.itllllr 3llli Co- FOlt LEASL'\'C OFJ.'lCE ONL¥: 1\ Cf {0 C1 BOST ~ Applk:urt sbrejob; credit) 1);\T£ \\ ,\I'T 11 1/ll.£. t . ·-··········-·······-··---~ APPLICATIONFOR MOI'ITHLY .RENT {1. ~ -----:.....·- - RESIDENCY PROPERTI'ES SOURC£ -···--··-·--- COfi'JIIWttS _ _ _ __ APPLICANT'S NAME~~~ DATH OF BIRTH _ _ _ _ SS#_ _ _ _ __ tAST ---·----......-------- MIDDLE CO-APN,lCA."'T'S /YJ tl ( t..tll~ ~-- e~:V~-#j~~ Dt\"ll~OF BlRTII/J~ ;J"7''/0SS# t.{<;"Lt- £1-8Jj) 3 NAME t.!IDDL5 v A~fLlCANT'S STATE & DIUYER'S UCEKSE ff 7/Y c0-APPUCMT'SSTATE&DIUVEB.'SLICENSU~ s-{ ~ --------DAT.E OFD~TH NAME . :s:::ATEOFBIRTII --~----·-- DATE OF BIRTH NAMH DATE OF BJRTH nA5 APl'LJCANT o.a co-APPl..ICJ!.NT i:v1m nEe~ EVtcr~n ~·_ROM ANY LEASED PilEl\f:IS£S'1 UAVE Vt.)U EVER. UEEN CONVJCTI:."D . AI~PLICANT . Of A FI<:LONY'f . . n:s- NO <:.'0-APrUCA:."'T . . . ·· YES . NO SUPERVISOR CO-APPLICANT'S r:..MPLOVER,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ POSff!ON,_ _ _ _ _ _ _ _ _ _ __ BUSINESS ADDRE.."iS ~----------·-·--·· CllY---b;;:A'i-ir·-·-1'1?---------·-- BUSL'IIESS PHONe#.----·------·---·--·---- ___ EMPLOYED FROM/TO DO YOU OWN A~"Y PETS? IF SO, HOW MANY'!_ _ BREED \\'EIGliT COLOR_ _ _ _ _~ ~ g a , l'.ERSONALEMERGENCYCONTACT_ _~8 o · RELATIONSIIIP~ ~ ADDREss_l_~lJ'J_~ . ...j;Z"f'ro«~lt... JG__ · .4EPHONE# '11;;-~2~~-:..~11 ::.1 ~ PERSONAL REFEru:NCE_ _ _~~dC~~-...,0~€::~.-;t.&::b ,..J(I-'- - - - - P30N.E #_ _ _ _ _ _ _ _ BUS. PFIO?-."'E #_ _ _ _ __ ........ i A.bO.!e_ 1 1 ofJ Page 15 of19 Page 127 of 131 ·! "'ANNUAI~ S..t\LARY1INCLUDL'IC FEES. TIPS. CO~MISSlONS. AND BONUSES) • k'llZ\"UAL SALARY (CO·APPLICAN1) + u ADDITIONAL ANNUAL INCOME (CtrlLD SUPPORT. PARENTAL SUPPORT. STOC:<S, SAVINCS, JNVESTME.'fl'S, ETC) + + SOURCE ---------------------------------------------------------- TOTAL ~VITCIPATED INCOME '"IF SEI~f' EMl'lOYED, W"E MUS'f BE FURNSIHED wn·H YOUR MOST RECENT TAX RETURN l i. uyou MUST FURNlSH US WITH A 1\0TARIZED STATE'ME!\-r OF THLS L'ICOME. '• AUTO TAG t & STATE .- - - - - - - - - - - - - - - - - YEATv'MAKE/COl.OR_ _ _ _ _ _ _ _ _ _ _ _ __ CO-APFllCANT'S TAG I & STATE._ _ _ _ _ _ _ _ _ __ YEARAI.A.WCOLO.'------~~------- DO YOU OWN A MOTORCYCLE, BOAT, COMMERJCAL VEHrCU, CAMfER. TRAll£1~ ETC,'/ {IF SO, TYPE & TAG I) Nltlce orR~;~dt:ntSek.:tlo:t Crilffi:l: 1ack.<towlr:d~ lbat Poor r.ay obi01!r.a hac!<g1o;.znd r!!pmt ln con.'l«:Jon w1:~ my Ajlfllc:d:u:IIUIC L'J:at.suclt ~n c~y Include ll:fu..-:c:~tl«. or. my credit a.r.d criminal hlstnrlt':i. I abo QCiu:nwle~lgc thl:r :ny appl!Otlon nldl' he re.Jl'crce b\Udl on ln.fu:nutioa ror.t:!llcl !n :;uch rcj.lltl\ Bv signln;; l:tlnw. I f:.~rJtl'!f' ackn:IWlo:ldge !J1;.~t I have hac! th ncnntt•m!;y ,, revl~eW Pog'5 'Resk!em S.-i!!rtion Critl!r!a !Ji1!rn lnfu~e; (I) gfr.tllllll bistor;. (2) prrvlol:li J!:O;Dl bl!>toTy (31 C!lm;nj !oc(!me (4) cmlltfllst<~.Y ffi) fNJmc tg prll\:fdC DCCUratr. or completr infonnetJon hn :f-c B?nljr.n:Jnn fllTm cud (G) ilnll c!lr:r k,a!li: tnb nr:netlimmi:Qt?!V bro:m;tlon !l'!lt m!••ill h!: n:Jey;mt •n lh!! mltf!!!!t M 1Prtinr. nmr;rn. Jf T,:u na: !M!'! rhco !>o;}rc:f!ift! t:rh:ri11. « If l mnvldl'l hJtT!rt:Jl" nr Incomplete 1'11fnrT3li~.J fud:.ll!: aqmwlttlN ;lpf my ;wpl1£a:ioo rr~w l:g reltct:d !!lid a" rmrJfs!!!d bt;Jmv. !:JV Nop·R..O:Ma!JJ.. Mplir;tt!.!ID..(~!!9!JWr Fe {(I' any"' WJil not be refm:dt:d. An1owrls to be completed by Post associate: Re'luirvd Amount AmowdPa!d Date Paid Initials Non-Refundable Application Fee s tt~l J s ..0 tl Non-Refundable Leasing Fee $ s - - - --- s $_ _ --- s______ Non-Refundable Pet Fee - $ Rd"und~lePet Fee s $ 1\on·Rcfurtdable Remote Fer. s $ Other otal···-- I \lr.dez~tar.d rlfllt Pnst v.m r..c:vrr c-efu~ my Nun·Ref>~r-k~ APP:k-..:JOTo Fee; ar.:1 Gu~a~nmo: Fee (!J'ar.y} uit~'f I ~:gn tf:i\ }o.y;llcatlon. If Pes; liedlnrln:y ApjJI~dor., 1 w:~s;and Utili Pll.SI "ill r.:tum a:t oU~er !rts lll:ro abc•~. trl a.ncelthh l•ptlllc-.:lou v.U!t!n <8 l:wrs or sub milling 1111!. Apjll:a!lon to ?m!, I urk~ t!-.ar P<m w!U n:tum cl! (}:h.'r h·!"$llsted b!lo~. Jfl co:xel t!ds Appllc:tloa O::f!f 48 t.cu~ ofsubmittmc !hJs .\pplk~:lon to Pest otifl faJ: to«:cupy d~e pmmlso:sa: C:1e ~-n!d UJ:OO t!Jrn !or 1ny rc~ 1 ur.dn'stund t!at p,~ wl1t Jc.ee? my 1\~Rc!imr!ah!e U33ing Fee: n:K myR~.:=Jon Foo as UqoJ~bted ~asnar.ca.laclnow!cr!ge that ~y i:U:try tr. P!!St ca•ascd by my C"a~tcllcsl.icn al't.'Ul A.(li:IIC3tlon aftl!f' 48 houra or nay fallure 1:: oco:jl)' tie prmses a: L~ aereee tJ:llln !lme Is !1.'0 difnttlk :o acc:Jr.ttely n:inaate. I thertfote l.lt~ tl-•: 'Pen aru! I Intend 1:1 provld~ !Ol dan~;; ratll'!'f tr.a.-: :s pcma:tvlnl~ ill:llt!locs, aflll L'l:t ~·~ retmrbn uf t~ st:ms ~~ f~ 11bove ls a rea~1!Jt:le !$:!rr.ate of?c~t's ptcl>Dle I:!$S from.s:;d: • C".Jr.ccllarlcn or rel~l to occupy :h:: pre!Jl(~s. • ' .tn C"oi.JICd :hls ApPkatlon UJ ran co oo:upy the p:anlses ac diUgreeci u~r. :L'll: f,lr a:t}' C~:J. P;.J.S( \Yill u!und my .Ref'JD:Iab~ Pet Fee NutrRer:.~o...t.iale I'e: Fl!!:, NG:l-R.e!a:clable Rana:tc F-:c. w.1 B:r:!Xlr.U listed &bo\-e ::.S ·Ctherr. 1 :aciu~~ n~ :m ReservatJQfl Fe<: w !U!fuu'.t:e Pet fer: ..,1:1 hf.cu:nc u:y :-ef'undlble sec:i:y depG5tU nt:d t.'l41 o:l•fl' !:e.s will be SFjillce c: rry ACCO".r.l as l~td upCK• the execution o! y my lt'CSI"~ I funhrr ac.imawl. ~~·n:f~J~ fi!CS ue f'X1t ?C."t of l>llY ~-url:y lkposlt. AfpUcm~'s Sigr.:t:cre4~~ ~ 7 ,.'"5 CJ.App11:2:at':. Si81Llla;r? A;Jpllcm:~'s Emall Adcress fl1«y A m f kt:._' m {! ; I. lJ> rl"Co-AJ:p:I~t's Ec:all Acd~ess._ _ _ _ _ _ _ _ _ _ _ _ __ Appilcam's Cell Phone aI t& (; i /-.;l 1.S:S C.c-App1le41r.t's ecn ?ho:ae,_ _ _ _ _ _ _ _ _ _ _ _ __ TIDS APPUCATION IS NOT A LEASE AGREEMEi\T. 2of3 Page 16 of19 Page 128 of 131 . ®':,· ~ ..'; r CEa:ho~~n:mansubmitueratll!e applicalionan!m tbe AppUa~~t=nd Co- Z....! It BOST . ?'.f APJI!k:.cltl sh~ jl)i:nt credit} APT, T\'l'E MO\'&-lN PATE__ JbfJJ.'0'/ _ APPLICAl'JON FOR LeAS£ DA.TiS j fLirtD ----------- REmDENCY MO\'&.TNAD."T A.'\IT tf{tJ5.c.Of 'j s PROPERTfES ~--- LC 1!'\Tl'lALS D.A."IE OP DlR.iH._~-- SS#_ _ _ _ _ _ usr APPUCA~l'S STATE&. DlUV'ER'S UCENSE tJ CO-.AJlPUCA.""."T'S SJATE & DlUVER'S liCENSE fl ~ e~ 0 NAME DATE OF BlR11l NAME DATE 0? DJR'!H ~ :) NAME DATE OF BIR!H NAME DATEOFBmTR PRESE\'T ADDRESS ~,9 .lllel"!fe· de Nn_~ /Sk:4qy~ ·~E --~·-nATES :!':~o_Q!i._ I$:PL::.~'! ~~~' . ___A,~·~.!'i'l~£1?:.!'~~--- ---~-- · - -.... ___ .... 5 HO~ # ~ MON111LY PAYMF.NT Rfo..ASON FOR MO'Y'lNG ----- i ~ PREVIOUS ADDRESS S'lltP.m" AI'T.Ii CITY PREVIOUSAYf. NA.\f£ OR LAKDLORI>._ _ _ _ _ _ _ _ _ _ ADDRESS HOWLOt\G'i ~ ~ PRESa!IFUTURP.~LOYER ~ • Kct'.ce cffwlde:nt Selectioc Critcr!a: leckncwlr.riar Ulat PQ!l may ob!llln a baclqpcar.d I'QCil\ fn CCllllltctlon wttb ay AP?Itca:tor. 1111d 1t.nt r.u:b rep 3rt m;ry lnch:dc :nfor::lll:kln on my tlali: ~ alm1nal histm!es. I aho ac!t.'lOWitdg~ chat w.y Bj)plli:atlo:a my be n:jcctl:d lwei~ on !nl'on:tal!on Mlti!JL'M.-d !n .NCh tC?JI:S. By sigrJI"'-7 belgw I fu:ther ra;ffiowiecfw jlutr I have halt lbe opmrt\:nl!y to revt.;w P~&fs Rqf4ed Sslc:ctlq;t Crt!ertn wbldl ~ mc:rirr:fzW hhtgry mjlreylgt, TCI!:ai. li!Jtory (3) omm• h:pm•. Hi credl! l!'ai!JFY ffi) fu!h!r:; IR ymvJdt at:~"!!!'!!!!!:[ mmph;!s: fnfC(JF!Itor; QD >he J!R?Il;lt!ruJ form,,.,.,~ (§) MY crb":r IMd· !l'l!!re !jqn.,!i;¢TJI!!J>tpry !J;fgrm:t\Jtmll-.!!t mi£b! lr rc!mnt tp ~ r~glll Sl:!fc!IAA prnt'ftS;.lC I tfo Ml ffi'!$( t.'te !i~~~ M !CIU!'!JY!tk 1:~1! or !ncyu;plfle ~Clll.-1 furtber arkrm'l';tdg lf:a• my aocll$AII;m Qi1Y be u:l.~ar.d ns 9'D\1d~IJ!:d~o.:a my Non-Bcf~~U.!lll.f:u."(!_qemnf.a.f(!!tjlfp~un_.k!J, ! t.eteby lel\.'1: lbe foll::wbg v.iCl Pest 11.1 a go:ld fu.!!h prl)O::se:d In mnne:.tlon w!ab lilts Ar•pllat:l::r.: A:mounts to be completed by Post assodafe: Required Amount AmoantPwd Non-Refundable AtlJl!leatlon Fee s_35.L0 ~16·t.O Non.Uefundablc L~g Fee $ \-5U·LO $_!20.LC)_ ~eservatlon FC!e s s Non-IWundahle Pet Fee s $ Refundable Pet Fee s $ l\ou·Refundallle Rcmol.l! Fee $ $ Othet" $._ _ _ _ __ s_____..... --..·-·s-·2;·0?~·-cb> ·--·----·- s_____Y6· .w J cmderstar.d tl'.ll r~ w:n never rdim:S my Nor.-1\::f~'Jle Ap;llit.:at!cr. ?ee Me Canr.~.'IUJt fee (1~ A3Yl nt:er I sign thls ArrUcalior.. P. Pos: d~ m; AppU:atla-.. 1 u:d!..-sa"1d llmt POS! will rctu.-r. al:. ether rccs latcd abo\'e. If l ca1cel !his Ap'ti~stio:l wJ:I:In ~ !:01..-s o! sut::Z::tdr.g ti"Js ApjlhCIItlon t3 J>cs:, l_.Dilenlllnd lt.c Po.st wlll :en:m aU otic: !ccs llr~ atove.. If 1 aacal Ul!! A;r:ll!utio:l ~ -4& bcr.:rs cf wb:r.ltllnalhb AFpllcaOO!l to !'o~tor U' l fall to oecupy lhe pm.•1lm r.lh= ~d upon tl:nc tot any re=cn,lun:kn.U."1d :hat PCGt wlll kee;ay N:m·Ref:.w.d&b.'-e lewg Fee a:uf my ~n Fee IS llqu!da.tft! t!&onag~. I llekn(]Wle.Cge tfu: n.'\j' l.'!JUJY ~Post CSI'Js:d by ::ty cance:ht!Jor. cr lhts Appl!::aUo:anfle: 41! IIO'Jrs o: my fa~we ro tx:aJp}' ille prcmSses ~ 111! agreed tpon dtr.e Is too dJm:altiO AlXIII'I!:cly Cjd.':lille.. I lhm!fo:e ~e Cult P~ a:-.d llnic:u! to prcvi:le f:~r d&Diilgcs Rlhcr Uvt..'l a per!Dhy In L~ $1nmdws, a:o~ 1has P11s:' s ret:ndon of Cle I'JDS set focth above Is a mrsona,le c.st.lrnlle cf Pest's problst;ll! loss from suet 11 ar.tellal!cr. o:- re.'\asaJ lo cc::upy lhe p~~ 1r l ::ar.ce; lh!s Apyllea:!oa or f'ail co occupy :he prem1seS at !11:! agr~ upw: ttmc fo: ~~r.y r~::~s.or., Pc'l ~1:1 refulld my Rt~un41b!e lJet Frt!!, ~on·?.tfo,;&:dub~ F~t Fee, K:m.Re!u:u!~le R~e .Ft!!, a:::i amcwts l!steci above as "'elcr•. llldtncwltdgc :hill :he Reservation Fee atid RE!'t:mlabli! Pe~ Fl!!! wC1 b-..anne my reft:nc!a!:lt: r;e::wtry dq::~Sits and tha~ cd'.er fm will be appllt:c! to my accoo.'lt u l!s:d up or. Lit! exo::tlkn or my lee~Se.l furJ:er oc'Ulcro~.1e:fg~: t.'la ' ·r~r•Jfl:la :i/t parr of any lea:ri':)" d~os!t. Applicant's S!gr.arure Co-ApplJQUlt"s Slgnatcre;_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ AppL'ca:1t•.s Emr.U Add•~ C{-f!lf~ ~~h(;1#)Co·AptJilcant'5 Email Add::~,:;_______~---·- - - - - - - - - - App1kal'l(s Cell Phone =f6;9.. 17/~ 3+:5 3 C~-Ap;:Jlicam'.s Cell Pilo.:~e nilS Al'PLICATION IS NOT A LEASE ACREE.\mNT. . 2 of3 Page 18 of 19 Page 130 of 131 TI"PBOFCARD VISA MASTER CA1tlJ DISCOVr..R AMEIUCA.'i EXPRESS l hereby aut!Jor.2e ~ost Apm:ncnt Homes, L.P. ta c.iarge ay Crcdi: Cad for the total A-nou:n l'ai:i st:t<ed a.ivve and for the~~ ~tared in this Appli~don for =~t- II tJ~.(lJ- --~~~ ~~RE_ _____;;_ _ __ t =~ 5Wb~~~~ FOR .MAR~·LAND J'll01•ER.J'I£S<>NL\': Pw-suant to Md. Code: An.")., Rc:al Prop.§ 3·213, if 11 laiXilord ~uira hom 11 prospective tenant any fec:s other than a £ecurity depo.sit (as dc!ined by .Md. C'..odc A.'"ln., Rea! l'rop. § 8-203), and rhese fees exceed S25, the landlord s:tall return the fee$ no l:l1et than IS da~.s fol!o\\ing the date oC oceup.u:cy or the \lcTiUen con:mmication by either party to the other of a dec is ion that no tenancy will occur. A landlord wl:o falls to do so wi11 be liable fur twice the amol!ltt of fue fees in d:trmgcs. !.a.'"ldbrols may, however. re1ain the portiou of the fees actua Uy expe:llfed for a credit ch e~k or other apen.coe1 l'.rising o-o~t of the application. Post's applicat.w fee is calcu1ated to oovcr the minimum Jlossible cost af a standard c:redit and bacl::ground check. Accordingly, and a'i allowed unde: State law, Post wm retain the full application fee following the npplicatXm. prucc.u. Section S-213 clot:$ not apply !o eoy landlord wfto offers fow- o: less dwr:Ubg :mit.'i on or.e puc:el ofprope:ty, or to seasonal or condominiutn rwtu. N01hing is this J:rovision shali be deemed 11 wnivor of any :aCdirinnal oh:.ims for olhec cx~a.scs sus~iru:d by &t ari5iog under the terms of this applica.:ioa. FOR. PROPERTIES LOCATED IN THE STATB OF MARYJ..J\.Nn ON'LY, Tim UJ-:GUAGE ~THIS PARAORAPH StWER.SEOES Al\"Y CON- TRA.Dlc:roRY LANGUAGE IN THIS APPUCATION. FOll TB:OSE PA\'lNG BY CHECK: When you proviee a dleek as p;tyrnent, you authorize us cJ:l:er lo est i:Jfonnation fror:: )'{JUt el1eck. to tmke a one-time ctecrrol'ic fw:.d tra:asf~ from your account or ro prorc9$ the pa;'ment as a. clu!ck tran!l2don. When we u.~o intbrrnation from yo-Jr check to make a:t electto-.tic: fund tr.Insfu, fuods may be wittul.-awn from. yo~ accot:n! IJS ~Clll1 iSS tf:c &a:ne r.ay )'OU make )'OUr payment. and ;)iUU WiJJ DOt ~eivc ya'.l' Chec:J.: back frQin your financial insfito!io:t. 3 of3 Page 19 of 19 Page 131 of 131