Party Statement: SEQUOIA EQUITIES, L.P. VS. MADISON ANN BRULEY ET AL

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-14-2016 4:32 pm

Case Number: CUD-16-655818
Filing Date: Sep-14-2016 4:32

Filed by; ANNIE PASCUAL

Image: 05553724
DECLARATION

SEQUOIA EQUITIES, L.P. VS. MADISON ANN BRULEY ET AL

001005553724

Instructions:
Please place this sheet on top of the document to be scanned.Cg @ FRED BY FAN

ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, slate bar number, and address): MOL FOR COURT USE ONLY
t~ Daniel Riley, Bar # 248902
Kimball, Tirey & St. John LLP
2300 Clayton Road, Suite 1350
Concord, CA 94520
reepHoneno: (800) 525-1690 FaxNo(Optona: (925) 469-2655 ~
E-MAIL ADDRESS Optional: San Francisco Caunty Stiperior Coult
ATTORNEY FOR Name): Plaintiff
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco SEP 1 4 2016
street aooness: 400 MCALLISTER, 1ST FLOOR
MAILING ADDRESS: CLERK.OF THE COURT
cry ano zie cove: SAN FRANCISCO, CA 94102 BY:
erance Name: SAN FRANCISCO
PLAINTIFF (Name): SEQUOIA EQUITIES, L.P.

DEFENDANT (Name):Madison Ann Bruley
DECLARATION FOR DEFAULT JUDGMENT BY COURT ‘CASE NUMBER:
(Untawful Detainer - Code Civil Proc., § 585(d)) CUD-16-655818

1. My name is (specify): Erin Moredto,

a. (2) Lam the plaintiff in this action.

b. tam
(1) (22 an owner of the property (3) (&) an agent of the owner
(2) [CQ amanager of the property (4) (CQ) other (specify):

2. The property concerning this action is located at (street address, apartment number, city, and county):
737 Post Street #532, San Francisco, San Francisco County

3. Personal knowledge. | personally know the facts stated in this declaration and, if swom as a witness, could testify competently
thereto. | am personally familiar with the rental or lease agreement, defendant's payment record, the condition of the property, and
defendant's conduct.

4, Agreement was [(X] written [2] oral as follows:

a. Onorabout (date): 01/12/2016 defendant (name each): Madison Ann Bruley
(1) agreed to rent the property fora [_] month-to-month tenancy [X] other tenancy (specify): 11 MONTHS 26 DAYS
(2) agreed to pay rent of $ 2,155.00 payable [(K} monthly [C] other (specify frequency):
with rent due onthe {(X) first of the month  (C] other day (specify):
b. (2) Original agreement is attached (specify) : (21 to the original complaint.

CY to the Application for Immediate Writ of Possession. [to this declaration, labeled Exhibit 4b.
c. [X) Copy of agreement with a declaration and order to admit the copy is attached (specify):
(2) to the Application for immediate Writ of Possession. [} to this declaration, labeled Exhibit 4c.

5. [) Agreement changed.
a. (CQ More than one change in rent amount (specify history of all rent changes and effective dates up to the last rent
change) on Attachment 5a (form MC-025).
b. (2) Change in rent amount (specify last rent change). The rent was changed from $ to$ :
which became effective on (date) : and was made
(1) (2) by agreement of the parties and subsequent Payment of such rent.
2a by service on defendant of a notice of change in terms pursuant to Civil Code section 827(check
item 5d).
(3) CCQ pursuant to a written agreement of the parties for change in terms (check item 5e or 5f).
c. () Change in rent due date. Rent was changed, payable in advance, due on (specify day) :
a CVA copy of the notice of change in terms is attached to this declaration, labeled Exhibit 5d.
e. [LJ Original agreement for change in terms is attached (specify): ~(] to the original complaint.
(2 to the Application for immediate Writ of Possession. CY to this dectaration, labeled Exhibit 5e.
f. (CY Copy of agreement for change in terms with a declaration and order to admit the copy is attached (specify) :
L-] to the Application for immediate Writ of Possession. [_} to this declaration, labeled Exhibit 51.

Page 1 of 3
Fem Approved Opnal Use DECLARATION FOR DEFAULT JUDGMENT BY COURT ‘Code of Chal Procedure, §585(0)
WiD-116 [Pew July 1 2003} 8 Esa aa (Unlawful Detainer - Cade Civ. Proc., § 585(d)) wanucourtnioca-gor

16-7069536© 9 FILED BY FAX

[

PLAINTIFF (Name): SEQUOIA EQUITIES, L.P. ‘CASE NUMBER:
CUD-16-655818

DEFENDANT (Name):-Madison Ann Bruley

6. Notice to quit.
a. [&) Defendant was served with a
(1) QQ 3-day notice to pay rent or quit (4) (C2 3-day notice to quit
(2) (C) 3-day notice to perform covenants or quit (5) CQ 30-day notice to quit
(3) CY Other (specify) : (8) C2 60-day notice to quit
b. [X) The 3-day notice to pay rent or quit demanded rent due in the amount of (specify) : $ 2,108.08 for the rental period
beginning on (date) 06/01/2016 and ending on (date) 06/30/2016 .
c. [X) The total rent demanded in the 3-day notice under Item 6b is different from the agreed rent in item 4a(2)(specify history of
dates covered by the 3-day notice and any partial payments received to arrive at the balance) on Atlachment 6c {form
MC-025).
d. (KJ The original or copy of the notice specified in item 6a is attached to (specify): (2 the original complaint.
(QD this declaration, labeled Exhibit 6d. (The original or a copy of the notice MUST be attached to this declaration if not
allached to the original complaint.)
7. Service of notice.
a. The notice was served on defendant (name each): Madison Ann Bruley
(1) (2) personally on (date) :
(2) CQ by substituted service, including a copy mailed to the defendant, on (date):
(3) [XQ by posting and mailing on (date mailed) : 06/06/2016
b. LC} A prejudgment claim of right to possession was served on the occupants pursuant to Code of Civil Procedure section
415.46.
8. Proof of service of notice. The original or copy of the proof of service of the notice in item 6a is attached to (specify) :
a. (CQ the original complaint.
b. [XJ this declaration, labeled Exhibit 8b. (The original or copy of the proof of service MUST be attached to this declaration if not
aliached to the original complaint.)
9. Notice expired. On (date): 06/09/2016 the notice in item 6 explred at the end of the day and defendant failed to comply
with the requirements of the notice by that date. No money has been received and accepted after the notice expired.
10. The fair rental value of the property is $ 70.84 per day, calculated as follows:
a. [X) (rent per month) x (0.03288) (12 months divided by 365 days)
b. (2) rent per month divided by 30
c. [) other valuation (specify) :
11. Possession. The defendant
a. [X) vacated the premises on (date): 07/05/2016
b. (2) continues to occupy the property on (date of this declaration):
12. (KJ Holdover damages. Declarant has calculated the holdover damages as follows:
a. Damages demanded in the complaint began on (date): 07/01/2016
b. Damages accrued through (date specified in item 11): 07/05/2016
c, Number of days that damages accrued (count days using the dates in items 12a and 12b): 5
d. Total holdover damages ((daily rental value in item 10) x (number of days in item 12c)): $ 354.20
13. [XJ Reasonable attorney fees are authorized in the lease or rental agreement pursuant to paragraph (specify): 23
and reasonable attorney fees for plaintiff's attorney (name): Kimball, Tirey & St. John are $ 425.00 .
14. (X] Court costs in this case, including the filing fee, are $ 300.00
UD-116 [Rev. July 1, 2003) DECLARATION FOR DEFAULT JUDGMENT BY COURT Page 2 0f3

(Untawful Detainer - Code Civ. Proc., § 585(d))
16-7069536oe © @ FILED BY Fax

PLAINTIFF (Name) : SEQUOIA EQUITIES, L.P. CASE NUMBER:
f— CUD-16-655818

DEFENDANT (Name) ‘Madison Ann Bruley

15. [KJ Declarant requests a judgment on behalf of plaintiff for:
a. (%} A money judgment as follows:

(1) (X} Past-due rent (item 6b) $ 2,108.08

(2) (KY Holdover damages (item 12d) | $ 354.20

(3) [QD Attorney fees (item 13)* $ 428.00} ‘Ol nan fees are to be paid by
(4) (KQ Costs (item 14) $ 300.00

(5) CC] Other (specify): $

(6) TOTAL JUDGMENT $ 3,187.28

b. (2) Possession of the premises in item 2 (check only if a clerk's judgment for possession was not entered).
c. (J Cancellation of the rental agreement. — (X]) Forfeiture of the lease.

| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: Er if) Moral,

only.

0ai| ov |201N »__ mor,

'YPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Summary of Exhibits

16. (L) Exhibit 4b: Original rental agreement.

17. (K) Exhibit 4c: Copy of rental agreement with declaration and order to admit the copy.

18. () Exhibit 5d: Copy of notice of change in terms.

19. () Exhibit Se: Original agreement for change of terms.

20. () Exhibit 54: Copy of agreement for change in terms with declaration and order to admit copy.

21. [(K] Exhibit 6d: Original or copy of the notice to quit under item 6a (MUST be attached to this declaration if it is not attached
to original complaint) .

22. [K} Exhibit 8b: Original or copy of proof of service of notice in item 6a (MUST be attached to this declaration if it is not attached
to original complaint) .

23. (KJ Other exhibits (specify number and describe):
6c"Explaination of notice amount for 3-Day Pay or Quit”

0-116 fav. duty 1, 2003} DECLARATION FOR DEFAULT JUDGMENT BY COURT Pages of
| Bana 3 (Unlawful Detainer - Code Civ. Proc., § 585(d))

16-7069536PILED BY FAX

MC-025
[Seo TITLE: ‘CASE NUMBER: |

Sequoia Equities v. Bruley CUD-16-655818

ATTACHMENT (Number): 6c
(This Attachment may be used with any Judicial Council form. )

The monthly rental for the subject premises is $2155.00 per month. Defendant paid $46.92 towards June 2016 rent
leaving an unpaid balance of $2108.08. This is the amount reflected on the Notice to Pay Rent or Quit.

(if the item that this Atachment concerns is made under ‘penalty of perjury, all statements in this Page 1 _ of 1__
Attachment are made under penalty of perjury.) (Add pages as required)

Pplanal se ATTACHMENT \wimw-courtinto.ca.gov
2008} to Judicial Council Form

16-7069536,

25

26

© 8

KIMBALL, TIREY & ST. JOHN, LLP
By: Daniel Riley, Bar # 248902
2300 Clayton Road, Suite 1350
Concord CA 94520

(800) 525-1690

(925) 469-2655 - Fax

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

SEQUOIA EQUITIES, L.P. Case No.: CUD-16-655818
Plaintiff,
vs. DECLARATION OF LOST OR
OTHERWISE UNAVAILABLE ORIGINAL
Madison Ann Bruley RENTAL AGREEMENT, NOTICE AND
Defendant(s) PROOF OF SERVICE OF NOTICE

DOES 1 TO 10 INCLUSIVE

|, Daniel Riley, declare:

1. That I am the attorney for the Plaintiff in the above-entitled action. | am
informed and believe the following.

2. That on or about September 6" 2016, we requested that the Plaintiff provide
our firm with the original written Rental Agreement, Notice to Pay Rent and Proof of Service
of Notice thereon for the property located at 737 Post Street #532, San Francisco, CA
94109.

3. Plaintiff has failed to provide us with said original written Rental Agreement,

Notice or Proof of Service of Notice thereon.

Wi

1
DECLARATION OF LOST ORIGINAL RENTAL AGREEMENT, NOTICE AND PROOF OF SERVICE OF NOTICE© 9°

4. Instead, Plaintiff has provided us with true and correct copies of the Rental

Agreement, Notice and Proof of Service of Notice.

| declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed September /Z—, 2016 at Concord, California.

Kimball, x & St. John, LLP

Attorneys for Plaintiff
By: Daniel Riley

2

DECLARATION OF LOST ORIGINAL RENTAL AGREEMENT, NOTICE AND PROOF OF SERVICE OF NOTICE‘ «

©

DocuSign Envelope ID: 484A8D9C-2E71-4F0C-8774-F5D155C91B0D

RENTAL AGREEMENT

Tower 737
737 Post St, San Francisco, CA 94109-6100

Lease Signer(s) “Resident”:

Madison Bruley

‘All Occupant(s):

Madison Bruley

“Apartment Address: ity: ‘State: Zip:

737 Post Street #532 SAN FRANCISCO, CA 94109

Lease Start Date: Lease End Date:

01/12/2016 01/06/2017

Monthly Charges Deposits

Monthly Rent $2155.00 Security Deposit $500.00
Additional Rent $0 Additional Deposit | $
Total Monthly Rent $2155 Total Deposit $500.00

THIS AGREEMENT entered into this date 01/12/2016, by and between Tower 737 "Owner" and the above named Resident(s)..
WITNESSETH: That for the consideration of rent payments and covenants adherence on the part of the Resident, the Owner rents to
the Resident and the Resident hires from the Owner for residential, or other legally permissible, use only, the Premises known as Unit #:

737 Post Street #532

SAN FRANCISCO ,CA 94109 .

1) LEASE TERM: The above-described Premises are to be occupied by Resident for a term commencing on 01/12/2016, and ending

on 01/06/2017.

2) OCCUPANTS: Premises shall be occupied by the undersigned following occupants only: Madison Bruley.

3) SUBLETTING AND ASSIGNMENT: No portion of said Premises shall be sublet nor this Agreement assigned.

4) RENT: Resident agrees to pay the total monthly rent, in advance, at the rate of: $2155.00 plus additional fees of $0, no later than
the first (1*) day of each month.

a, RENT PRO-RATION:

If the Rental Agreement begins on a date other than the first of the month, the Owner and Resident

agree that Resident shall pay pro-rated rent for the number of remaining days in the first month. Such partial month payment
shall in no way affect the due date of all future rent payments under this Agreement, which shall be on the first day of each
calendar month. If this agreement starts on the twenty-first (21*) or later day of the current month, Resident agrees to pay
the next full-months’ rent, in addition to the pro-rated rent, prior to occupancy of the Premises. Such additional payment will
be considered as a Rent payment and not as an addition to the Security Deposit indicated in this Agreement. NOTE: All rent is
pro-rated on a 30-day month.

a

RENTAL PAYMENTS: Rent payments will be made payable to: Tower 737. Payments are to be made in person at 737 Post St,

San Francisco, CA 94109-6100, The normal hours available to make payments in person are 9:00 am to 6:00 pm Monday
thru Sunday. For your convenience, a twenty-four hour, seven days a week rent payment drop box is available at the same
location. Payments are accepted in the form of a cashier's check, money order, personal check or. feat card (Visa or

MasterCard). Resident agrees that cash, third party checks, checks written on non-imprinted bank

other than those who signed the Rental Agreement will not be accepted by Owner.

c. LATE RENTAL PAYMENTS: Rents paid after the first day of the month are subject to late payment!
quit notice will be served by Owner for delinquent monies. Resident agrees, that all payments made

porees g

ay
Ervichof sucha

Notice will be by "Certified Funds" only regardless of prior payment history. Owner is not bound to sccent such payments.

Page 1of9

EXHIBIT UCSos © 3

DocuSign Envelope ID: 484A8D9C-2E71-4F0C-8774-F50155C91B0D

Owner's acceptance of any such late payment shall not be deemed a waiver, and Owner shall not be required to accept any
future late payments.

d. DISHONORED PAYMENTS: In the event of a dishonored bank check, ACH or a rejected credit card transaction from Resident to
Owner, Resident agrees to pay $25.00 for handling of the first dishonored transaction and $35.00 for any subsequent
dishonored transaction, in addition to any applicable late payment fees. Resident agrees, in the event of two (2) dishonored
transactions, no Personal checks will be accepted by Owner from Resident in payment of any monies due.

e. DEFERRED RENT: In the event of a failure to perform under this Agreement by the Resident, all rent deferred shall immediately
become due and payable concurrently with the regular monthly rent payment due. Subsequent monthly rental payments shall
increase to the original monthly rental rate set forth in this Agreement or as subsequently increased according to the terms of
this Agreement. All late charges will automatically be deducted from a past due monthly rent/lease payment.

f. DEPOSITS: Deposits are not to be deducted by the Resident from rent payments unless provided for by law or specific
written Agreement between Owner and Resident.

5) SECURITY DEPOSIT: $500.00 as security for Residents’ performance under this Lease has been deposited. Owner may, at its
option, claim from the Security Deposit such amounts as are reasonably necessary to remedy Resident’s defaults in this
Agreement, including, but not limited to, defaults In the payment of rent, to cure any other default by Resident under this
Agreement, to repair damages to the premises caused by the Resident and/or members of Resident's family, guests or visitors,
exclusive of ordinary wear and tear and to repair or replace personal property. Should the Security Deposit be of an inadequate
amount to cure any default{s) or damage under this Lease, Resident agrees to immediately pay to Owner the amount needed to
cure the default or damage and bring the Security Deposit back to the above-stated amount if the default(s) or damage occurs
during the term of this Lease, or to immediately pay to Owner the difference between the Security Deposit and the total default
or damage amount if thls Lease has been terminated. The terms of this Paragraph shall survive the termination of this Lease.

Resident agrees that the charges listed are reasonable charges for such repairs and cleaning. Resident further agrees that if such
repairs or cleaning is required upon termination of this Rental Agreement, Owner shall be entitled to charge such amounts against
the Security Deposit. Resident further agrees that such charges will be considered damages and not a penalty.

The portion of the Security Deposit due Resident, if any, will be refunded by check mailed to forwarding address, made payable to
all persons signing the Rental Agreement, but such refund or a written statement of why all or part of the Security Deposit was
withheld will be made within 21 days after Resident has vacated the Premises. Refunds cannot be picked up at the Owner's office.

All non-sufficient funds checks, late charges, termination fees, uncollected damage or cleaning charges, unpaid rent, unpaid utility
charges, attorney's fees, court costs, and similar charges will be automatically deducted from the Security Deposit.

if Owner uses or applies all or any portion of the Security Deposit due to charges permitted under this Paragraph 4, before the end
of the lease term, Resident shall, within 10 days after written demand, deposit money with Owner in an amount sufficient to
restore the Security Deposit to the full amount required under this Paragraph 4, and Resident's failure to do so shall be a breach of
this Rental Agreement.

6) INSPECTION BY RESIDENT: Resident has Inspected the Premises, furnishings and equipment and has found the same to be
satisfactory. All plumbing, heating and electrical systems are operative. Resident acknowledges the subject Premises are
furnished in accordance with the provided Inventory form during the unit inspection.

7) NOTICE TO VACATE: At least thirty (30) days written notice must be given to Owner of Resident’s intent to vacate the leased
Premises at the expiration of this lease or renewal period. If Resident fails to give such notice when required, this lease shall
continue in full effect for a period of thirty (30) days from the date such notice is given or from the date Resident surrenders the
feased Premises to Owner, whichever first occurs, and Resident shall be liable for rental under the terms of this lease for this
period.

In the event Resident fails to perform and/or abandons the Premises before the end of the lease term, the Resident may be
responsible for the unpaid original rent for the balance of the lease term, subject to California law and paragraph 8a of this
Agreement. L Th ROEM,
{ he
8) EARLY LEASE TERMINATION OPTIONS: The parties acknowledge that they are bound under the provisions\gf this Agragy rept
the entire term of the Agreement. Resident further acknowledges that should Resident abandon or quit the premises prior £0 the

end of the lease term there two options for early lease termination:

Page 2 of 9

EXHIBIT C1DocuSign Envelope 1D: 484A8D9C-2E71-4F0C-8774-F5D155C91B0D

9)

10)

11)

12)

os © °

a. OPTION 2: Resident shall be obligated to pay to Owner all of the costs of re-letting the premises, including leasing fees and
advertising costs, in addition to rent payable up to commencement of a new tenancy with another party but not to exceed the
term of this agreement, and in accordance with California Civil Code 1951.2.

b, OPTION 2: The Resident may terminate the obligations under this agreement by delivering to Owner a written notice stating
Resident's intent to terminate this Rental Agreement. Such notice shall be effective thirty (30) calendar days from the date it is
given. The notice must be accompanied by payment of a termination fee equal to one month’s rent, as stated in paragraph
three of this rental agreement. Such payment and delivery of possession of Premises to Owner will release Resident from any
further rental obligations beyond the date the termination is effective.

In order to exercise (option 2), all of the terms of the Rental Agreement must be complied with through the date of vacating
and any move-in concessions and rents deleted, waived or uncharged as incentives to lease must be relmbursed in full. This
early termination option shail not relieve resident of his or her liabilities pursuant to Paragraph 36. If the termination fee is not
paid the notice shall be of no effect, the entire lease shall remain binding, and Owner shall retain all remedies for
noncompliance of this agreement. Resident shall be liable for any damages for non-compliance or failure to properly vacate
pursuant to the thirty (30) day termination notice.

LEASE REVERTS TO MONTH TO MONTH TENANCY: The above stated term (Paragraph 1) shall automatically revert to month-to-
month tenancy unless; Resident provides Owner written notice of the intent to vacate the rental unit, at least 30 days prior to the
term end date above, OR Resident chooses to renew their lease at a term and monthly rate as offered by Owner and executes
said renewal before the end of the term end date above.

TERMINATION OF MONTH TO MONTH TENANCY: A month to month tenancy may be terminated by either party serving upon
the other a 30-day written notice or other period of time as required by law. The termination shall become effective thirty (30)
days after service of the notice and rent is therefore due for the entire 30-day period. However, if the Resident vacates before the
end of the 30-day notice and gives the Owner permission to re-rent the Premises for the Resident's benefit, the Resident shall be
entitled to a refund of any rents paid by a new Resident during the 30-day period. The undersigned Resident(s) hereby
acknowledge that a notice to vacate given in accordance with this Agreement shall be effective when given by either one or all of
the Residents. Resident is advised that Owner shall hold him responsible for any damages that the Owner may sustain from
Resident's failure to vacate Premises as agreed.

MILITARY PERSONNEL: Military personnel on active duty may terminate this rental agreement if the Resident:
i) Becomes a member of the Armed Forces of the United States or other national or state military service after Resident
enters into the lease; or
ii) Resident is (or becomes) a member of the Armed Forces of the United States or other national or state military service
AND receives:
(4) Orders for a permanent change of station; or
(2) Orders to deploy for a period of at least 90 days.

Resident must give Owner at least thirty (30) days written notice of termination, if possible; pay all outstanding balances and
rent through the termination date; and make satisfactory arrangements to pay all costs incurred by Owner to repair the
damages caused by Resident, Resident’s guests or occupants, and pets. Resident must furnish Owner with proof to establish
that Resident qualifies for this limited exception. Proof may consist of any official military orders, or any notification,
certification, or verification from the service member's commanding officer, with respect to the service member's current or
future military duty status. Military permission for base housing does not constitute a permanent change of station order.

Upon completion of the above terms and conditions, Resident’s obligations and responsibilities under this Rental Agreement
shall be deemed fulfilled. Notwithstanding any provisions regarding termination fees, if Resident is exercising Resident's right
to terminate the Rental Agreement pursuant to this Paragraph 10, Resident will not be required to repay any portion of the
termination fees. The release of one Resident under this Paragraph 10 will not release any other Resident unless such other
Resident is the spouse or legal dependent of Resident receiving the orders described above.

VICTIMS OF DOMESTIC VIOLENCE: If Resident in the Premises is a victim of a crime of domestic violeffee, sé Eon
stalking and if (i) such Resident has a valid court or restraining order, a police report regarding such act, or (statement
officer about such act, and (ii) Resident makes a request to terminate the Rental Agreement within 90 days e re egmmct or

event that led to the court or restraining order or police report, then Resident may terminate the Rental Agreement, without
penalty, on the following conditions: (i) Resident must provide Owner with a notice to vacate specifying the date the Rental

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EXHIBIT 4(-2.oe © °

DocuSign Envelope ID: 484A8D9C-2E71-4F0C-8774-F5D155C91B0D

13)

14)

15)

16)

17)

18)

Agreement will terminate; (ii) the terminate date must be at least 14 days after Owner receives such notice to vacate; (iii) all
unpaid rent and other charges must be paid through the effective date of the termination; and (iv) Resident must make
satisfactory arrangements with Owner to pay all costs Owner incurs to repair the damages caused by Resident, Resident's
occupants or guests, and pets consistent with Paragraph 11 of the Rental Agreement. Upon complete of the above conditions,
Resident's obligations and responsibilities under this Rental Agreement shall be deemed fulfilled. Notwithstanding provisions to
the contrary, if Resident is exercising Resident's right to terminate the Rental Agreement pursuant to this Paragraph, Resident will
not be required to repay any portion of the termination fees.

DECORATION: Except as provided by law, no repairs, decoration or alteration shall be done without Owner's prior written
consent. Decoration includes, but is not limited to, painting, wallpapering, and hanging of murals or posters.

CLEANING AND REPAIR: Resident Agrees to leave the premises in the same condition as was received, subject to normal wear
and tear. Resident shall keep the Premises and furniture, furnishings and appliances, if any, and fixtures which are rented for
resident's exclusive use in good order and condition and pay for any repairs to the property caused by Resident's negligence or
misuse or that of Resident's guests. Owner or Agent shall otherwise maintain the property.

INSURANCE REQUIREMENTS: This Rental Agreement includes a financial responsibility requirement. To satisfy this requirement,
Resident, prior to occupancy of the Premises, must pravide evidence of an insurance policy that has, at a minimum, personal
lability coverage with limits of liability in an amount not less than $100,000 per occurrence. Said coverage must name owner:
Tower 737_and Sequoia Equities, Inc. as an “Other Interested Party” with a mailing address of P.O. Box 115009, Carrollton, TX
75011-5009 and must be in place at all times during the term of this lease and any renewal thereof, Resident acknowledges their
responsibility to maintain insurance on their personal property/furnishings, if so desired. Owner provides no insurance for
Resident's property.

DAMAGE, LOSS AND LIABILITY: Resident's personal property is not insured by Owner. Resident acknowledges that Owner does
not warrant or represent that resident's property, wherever it may be placed on the property, will be kept safe and secure
from hazards caused by water, fire, elements of weather or earthquakes, theft or vandalism, It is further agreed that any
property placed in the resident's unit, parking or storage area, or in any part of the property, is placed there at the resident's
sole risk. Resident agrees to hold Owner, owner's agents and employees harmless from any and all damage to any and all
personal property of Resident stored or held at the Property. Resident acknowledges that Owner, owner's agents and/or
employees has/have advised Resident of the advantages of obtaining renter’s Insurance with personal property coverage to
insure against such loses and has strongly suggested same to Resident,

LIQUID & OTHER FURNITURE: Without Owner's prior written consent, no waterbeds or liquid filled furniture (such as aquariums),
pianos, organs, libraries or other unusually heavy objects shall be allowed in or about sald Premises. Such written consent is
subject to Owner receiving additional security deposit equal to one-half of one months’ rent as well as being named as an
additional insured on a renter’s insurance policy, insuring Resident for a minimum of $100,000 coverage for the term of residency.

SATELLITE DISHES: Owner will permit Resident to install one (1) satellite dish, unless written permission is granted from Owner
to install a second dish, for personal, private use on the Premises under the following conditions:

a. The satellite dish must be one meter or less in diameter (3.281 feet);

b. All installations must be performed in a manner as not to cause legitimate safety concerns and in complete compliance
with all applicable statutes, rules, and regulations. If permits are required, Resident will obtain all such persons prior to
installation;

c. The satellite dish may only be installed on the inside balcony, patio or terrace that is under the exclusive contro! of
Resident and only to extent and in locations allowed by local, state, or federal law. Said satellite dish, or any part thereof,
shall not extend beyond the balcony, patio or terrace railing. Allowable locations may not provide an optimal signal, or any
signal at all,

d. Resident is specifically prohibited from making physical modifications to the Premises and is prohibited from installing said
satellite dish in the common areas of the Premises, including but not limited to, outside walls, roofs, window sills, common
balconies or stairways;

e. Resident shall not install said satellite dish in a manner which causes physical or structural da lage to
excluding ordinary wear and tear, including but not limited to, holes drilled through walls, di wi
balconies, or fence railings;

f, Resident shall install, maintain and remove said satellite dish in a manner which is consistent with industry standards and

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shall be liable for any damage or injury sustained as a result of the negligent installation, maintenance or removal of said
satellite dish,

8. Resident shall indemnify, defend and hald Owner harmless for any damage or injury resulting from said negligence,
including paying Owner’s attorneys’ fees and costs.

h. The satellite dish must be removed at the end of the lease term and all damage, other than ordinary wear and tear, must
be repaired and restored.

19) UTILITIES: Resident agrees to pay for utilities commencing at the time of occupancy, furnished to the Premises, including any fees
or deposits required as outlined in the Utility and Services Addendum. Each utility service shall be provided to the Premises at
Resident's expense on a separate meter, actual sub metered use or ratio utility billing system (RUBS), depending on the utility
and/or billing basis either directly from the utility provider in connection with the use of all utility services provided to the Premises
or a third-party billing services company during the term of this Agreement, as such term may be extended, or the period of
‘occupancy of the Premises by the Resident, whichever is longer. Sequoia Equities reserves the right to outsource the billing function
toa third-party billing services company.

20) JOINT AND SEVERAL LIABILITIES: The undersigned Residents, whether or not in actual possession of the Premises, are jointly and
severally liable for all rent incurred during the term of this Agreement, and for all damages to the demised Premises caused or
permitted by Residents, their guests and invitees.

21) RESIDENT STATEMENTS: Resident shall at any time during the term of this Agreement, within five (5) days of written notice from
Owner, execute and deliver to Owner a statement in writing certifying that this Agreement is unmodified and in full force and effect
or, if modified, stating the nature of such modification. Resident's statement shall include other details requested by Owner. Any
such statement may be relied upon exclusively by any prospective purchaser or encumbrance of the Premises. Resident’s failure to
deliver such statements within such time shall be conclusive proof upon the Resident that this Agreement is in full force and effect,
except as and to the extent any modification has been represented by Owner, and that there are no uncured defaults in Owner's
performance.

22

GOVERNMENTAL LAW: Resident shall not violate any Governmental law in the use of the Premises, commit waste or nuisance,
annoy, molest or interfere with any other Resident, guest or neighbor.

23) LEGAL ACTION: If any legal action or proceeding be brought by either party to enforce any part of this Agreement, the prevailing
party shall recover, in addition to all other relief, reasonable attorney's fees and costs.

24) LEGAL NOTICES: Notice upon Resident may be served at the subject Premises. Notice, demands and service of process upon Owner
may be served upon Erin Morella, Manager/Agent of the demised Premises, 737 Post St San Francisco, CA 94109-6100 / (415) 771-
7784.

25) CREDIT REPORT: Pursuant to Civil Code Section 1785.26, Resident is hereby notified that a negative credit report reflecting on
Residents credit record may be submitted in the future to a credit reporting agency if Resident falls to fulfill the terms of their
rental/credit obligations or if Resident defaults in those obligations in any way.

26) PEST CONTROL NOTICE: Resident acknowledges receipt of a copy of the Pest Control Notice, as required by section 1940.8 to the
civil code.

27) CONDUCT OF RESIDENT: Resident shall not cause or permit the Premises or the Property to become unclean or disorderly.
Resident shall not annoy, harass, endanger, nor inconvenience any other Resident, commit waste, create a nuisance, or disturb
the peace, quiet or tranquility of any other Resident, Resident shalt not cause or permit the operation of any loud broadcasting or
amplification equipment at any time on the Premises. Resident is responsible for the actions of Resident’s guests and invitees,
and a breach of any of the terms and conditions of this Agreement by such guest or invitee shall be deemed a breach by
Resident. Resident shall not cause or permit the emission from the Premises any objectionable sound, smell, radiation, or sight.
In the event of any water penetration of the Premises, Resident shall immediately, notify Owner. Resident shall use all
reasonable care to cause all windows and other Openings in the Premises to be closed in the event of rain or inclement weather.

Resident further acknowledges that housekeeping and cleanliness are the responsibilities of Resident., ident
maintain the Premises in a clean and sanitary condition, in a manner consistent with Preserving the condi
Should the Resident cause or allow a condition, i.e. adverse/unhealthful condition based on improper maint nce, q
the Premises, including but not limited to mold/mildew. Resident hereby holds Owner harmless from any claim resul iting from

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28)

29

30)

31)

32)

such failure of Resident. If damage occurs (other than normal wear and tear) that is caused by acts or neglect of Resident, his/her
guests or others occupying or visiting with Resident’s permission, Resident may repair at his/her own expense, after obtaining
Owner's written approval. Upon Resident's failure to make such repairs, after reasonable notice by Owner, Owner may cause
such repairs to be made, and Resident shall be liable to Owner for any reasonable expense thereby incurred by Owner.

USE-GUESTS: Resident(s) agree that the Premises are to be used only as a private residence, or other legally permissible use, and for
no other purpose without the prior written consent of the Owner. Guests staying more than 14 days without the written consent of
the Owner shall be considered a breach of the terms of the Rental Agreement regarding subletting and assignment.

AMENITIES: Facilities and/or amenities offered at the community are subject to revision or deletion, without notice, and Resident
agrees to hold Owner harmless from claims. Included in the definition of Amenities shall be any parking stall or garage space unless
such space is rented from Owner under a separate written agreement signed by both parties.

CONDITION OF PREMISES: Resident agrees to immediately, notify Owner of any defects or dangerous conditions that may exist,
including any water penetration of the Premises. Resident acknowledges that the Premises may have previously suffered water
intrusion and/or presence of elevated levels of mold/mildew. If owner is aware that condition existed, Owner has made repairs
and confirmed that no elevated levels of mold/mildew are present upon lease commencement. Resident must notify Owner
immediately if the Premises suffer any new water intrusion because this could allow growth of mold or mildew if not
immediately repaired. Resident shall be responsible for and holds Owner harmless from any damages or injuries from water
intrusion or mold if Resident fails to report water intrusion to Owner immediately or to allow Owner's representatives immediate
entry into the Premises for repair and testing.

SMOKE DETECTORS and CARBON MONOXIDE ALARMS: The Premises are equipped with smoke detectors and, in some cases,
carbon monoxide alarm(s), in compliance with state law. Resident acknowledges the devices were tested and its operation
explained by Management in the presence of Resident at time of initial occupancy and the devices in the unit were working
properly at that time. Each Resident shall perform the manufacturer's recommended test to determine if the devices are
operating properly at least once a week. Resident acknowledges that said device and alarm may be elther a battery-powered or
hard-wired unit as outlined by applicable law. If the unit is battery-powered, it shall be the responsibility of Resident to (a)
ensure that the battery is in operating condition at all times; and, (b) replace the battery as needed. If the unit is hard-wired, it
shall be the responsibility of Resident to test the device as stated above. Resident shall inform Owner or Owner's authorized
agent Immediately, In writing, of any defect, malfunction or failure of any detector. Resident shall not, and shall not allow, any
tampering or disabling of any such detectors.

BALCONY/PATIO/YARD/TERRACE: Resident hereby agrees to take proper care of the balcony/patio/yard/terrace (herein referred
to as “balcony/patio”) surrounding the Premises and to keep the areas neat and clean at all times. The following is not permitted:

a. To have any item or object extending beyond the balcony/patio railing.

b. This area may not be used for storage, in general. Specifically, it is not permitted to have: storage containers, furniture, bikes,
mopeds, motorcycles or propane tanks stored in the patio/balcony area. The only items permitted will be outdoor/garden
style furniture in good condition, such as a patio table and patio chair(s). Planters or potted plants using natural dirt and
planting material that is not flammable will also be permitted, providing these items shall only be placed on the deck of the
patio/balcony and shall have an appropriate means of preventing water and dirt from running out of the planter. These items
may not be placed on the balcony or patio railings.

c. No dust, rubbish, litter, or anything else shall be swept, thrown, or emptied from the balcony/patio.

|. _Indoor/outdoor carpet or artificial grass may not be used as a floor covering for this area.

Flags, posters, banners, signs or other similar attachments may not be displayed in the area.

Nails, hooks and/or screws of any kind may not be drilled/hammered into the exterior of the building.

Tiki torches (of any kind), portable fire pits, candles, rope light or other heat or fire sources are not permitted.

Resident shall not store or hang rugs, towels, laundry, wash, or other such items on the railings or other portions of the
balcony/patio. Clotheslines or drying racks may be permitted under the following conditions: i) the clothesline or drying rack
must be free-standing (meaning it does not attach to the building}; ii) the clothesline or drying rack does not create a health or
safety hazard, block doorways, or interfere with walkways or utility service equipment; and iii) the clothesline or drying rack
has been approved by Owner/Agent.

i, Table umbrellas, bird or other animal feeders, trash, and excessive clutter are not permitted. f J
j. Seasonal and holiday decorations and displays may be displayed. All decorations must be removed no laterfthan 15 evs

Farpe

the holiday has passed.

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33)

34)

35)

36)

37)

38)

RIGHT OF ENTRY. Owner will have the right to enter the premises as allowed by law. Law permits entry in case of emergency, to |
make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, to test smoke

detectors, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors or to

make an inspection pursuant to subdivision (f) of Section 1950.5, when the Resident has abandoned or surrendered the premises

and pursuant to court order. Owner will serve Resident with written notice before entry unless entry is due to an emergency,

surrender or abandonment of the unit, or the tenant and landlord agree orally to an entry to make agreed repairs or supply

agreed services at an approximate day and time within one week of the oral agreement, or tenant is present and consents to

entry at the time of entry, or to exhibit the unit to prospective or actual purchasers of the property, provided that Owner has

notified Resident in writing within 120 days of the oral notice that the property is for sale and that Resident may be contacted to

allow for an inspection. |
ABANDONMENT: Resident shall not vacate or abandon the Premises prior to the expiration or termination of this Rental |
Agreement. If Resident does abandon, Owner shall have the right to re-enter in accordance with California Civil Code Section

1951.3.

ABANDONED PERSONAL PROPERTY: Resident's personal property remaining in the Premises after Resident has vacated shall be
disposed of in accordance with California Civil Code Section 1981.

LIABILITIES: Resident shall hold Owner and his agent harmless from all claims of loss or damage to property and of injury to or
death of persons caused by the acts or negligence of Resident, his guests, licensees or invitees, occurring on or about the Premises.
Resident hereby acknowledges that it is Resident's responsibility to monitor the condition of the Premises during the term of the
residency. Early detection and reporting of problems to Owner are required in order to mitigate damages to the Premises and
adverse conditions relating to the health and welfare of the Resident. Resident hereby expressly releases Owner from any and all
liability for loss or damage to Resident's personal property or effects arising out of water leakage, breaking pipes, fire, theft or other
causes. Resident's possessions placed in public or private storerooms within the building are so placed at Resident's sole risk and
‘Owner shall have no liability for any loss or damage caused to said possessions.

Resident assumes responsibility for all items stored by him on or about these Premises prior to agreed commencement date of this
Agreement. Resident understands and agrees that Owner may alter or cancel the patrol service (if applicable) without his
knowledge or consent. Further, Resident understands and agrees that Owner has no obligation or liability for the acts or omissions,
whether negligent or otherwise, of any agent or employee of the patrol company (if applicable) or any patrol company subsequently
retained by Owner.

Resident understands that Owner reserves the right to pursue possession of the Premises in the event that Resident fails to
timely report or correct a Resident-caused condition after reasonable notice from Owner. Resident would thereafter be barred
from using this condition as a defense to an unlawful detainer action. Resident recognizes that Owner and its legal representatives
do not guarantee, warrant, or assure Resident's personal security and are limited in their ability to provide protection. Resident
understands that Owner is not responsible for criminal acts nor that Resident will be free from violent tendencies of third persons.
Resident has been informed and understands and agrees that his/her personal safety and security is his/her personal responsibility.

ENVIRONMENTAL INDEMNIFICATION: To the fullest extent allowed by law, Resident acknowledges that certain materials
containing potentially health-affecting substances may exist in the Premises. As additional consideration for Owner's entering in
this Agreement, Resident, for himself, his heirs, successors, assigns, guests and all other claiming by, through or under him, or
who may live in, occupy, use or reside in the Premises, hereby (a) expressly assumes and accepts any and all risks involved or
related to the Premises of any and all health affecting substances, (b) waives all claims and causes of action of any kind or nature,
at faw or in equity, including, but not limited to, claims or causes of action arising by statute, ordinance, rule, regulation or similar
provision, against Owner, Owner's agents, principals and employees with respect to any health hazard occurring in connection
with the presence of the Apartment Complex of materials containing potentially health affecting substances, and (c) agrees to
defend, indemnify and hold harmless the Owner against and from any and all actions, causes of action, claims, demands,
liabilities, losses, damages and expenses of whatsoever kind, including, but not limited to, attorney’s fees at both the trial and
appellate levels, that the Owner may at any time sustain or incur by reason of any and all claims asserted against them to the
extent that such claims arise out of or are based upon any potentially health affecting substances havipg been brought, or
allowed to be brought, into the Premises by Resident, guest or other person occupying, using or residing C3
DESTRUCTION OF PREMISES: If the Premises become totally or partially destroyed during the term of this Rent. el E
seriously interfere with Resident's occupancy, either party to this Agreement may terminate immediately upon delivery of written
notice.

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39) DESCRIPTION OF PERMITTED ALTERATION: Owner agrees to allow Resident to perform the following alteration to the leased
Premises at 737 Post Street #532__: [Describe permitted alteration in detail].

40) DISPOSITION OF ALTERATION: When Resident moves out or surrenders possession, Resident shall leave the alteration described
above in place. The alteration shall become the property of Owner without compensation to Resident.

41) REGISTERED SEX OFFENDERS NOTICE: The California Department of Justice, sheriff's departments, police departments serving
jurisdictions of 200,000 or more and many other lacal law enforcement authorities maintain for public access a data base of the
locations of persons required to register pursuant to paragraph (1) of subdivision (a) of section 290.46 of the Penal Code.
Information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the
Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include
either the address at which the offender resides or the community of residence and ZIP code in which he or she resides.

42) GENERAL: Time is of the essence of this Agreement and each provision herein contained. Words used in the singular shall include
the plural where the context requires, also the masculine shall include the feminine. The breach of any of the covenants or terms is
to all rights of termination by either party.

This Agreement shall be binding upon and shall inure to the benefit of the heirs, administrators, successors and assigns of all the
partles hereto. Waiver of any breach of any term or condition of this Agreement shall not constitute a waiver of subsequent
breaches. The invalidity, or partial invalidity, of any provision of this Agreement shall not render the remainder of the Agreement
invalid or unenforceable. Headings or titles to paragraphs herein are not part of this Rental Agreement and shall have no effect on
construction or interpretation. Oral representations, agreements and guarantees are not binding.

43) ACKNOWLEDGEMENT AND ADDENDUMS: The