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02D02-2307-CC-001512 Filed: 7/18/2023 2:26 PM
Clerk
Allen Superior Court 2 Allen County, Indiana
Edward Rose Development Co LLC BB
Southfield MI 48034
Account Holder(s): Shauneille D Fordham
ACCOUNT
SERV DATE* REF NO. FOR REGARDING PRIN INT
housing/property management
04/14/2020 ****7794 services through 11/06/2020 1684.98 352.32
This is an account summary, not a statement from the originating credi tor
and has not previously been provided to the consumer.
Please be advised that this is an attempt by a debt collector to collect a debt, any
information obtained would be used for that purpose.
AFFIDAVIT OF DEBT
Comes now affiant, and states:
I Manal A. Elayan am O Plaintiff
(Name of Affiant) OR
® a designated agent of Edward Rose Development Co LLC, aka Dupont Lakca (Plaintiff).
(Name ofPlaintifD
I am of adult age and am fully authorized by Plaintiff to make the following representations. I am familiar with the record keeping practices of Plaintiff.
The following representations are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge:
Plaintiff:
is the original owner of this debt, and evidence of the debt, as required in Rules 9.2(A)(1), is
attached as one or more Exhibits to this Affidavit.
OR
O has obtained this debt from and the original owner of this
was Evidence of the debt, asrequired in Rule
9.2.(A)(2), is attached as one or more Exhibits to this Affidavit.
Shauncille Fordham Defendant, has an unpaid balance of $2,037.30 on account 7794 .
(Name of Defendant) (last 4 digits ofnumber or id only)
That amount is due and owing to Plaintiff. This account was opened on 04/14/2020 .
The last payment
from Defendant was received on 11/20/2020 in the amount of 700 .
The type of account is:
O Credit card account (i.e. Visa, Mastercard, Department Store, etc.)
List the name of the Company/Store issuing credit card:
O Account for utilities (i.e. telephone, electric, sewer, etc.)
O Medical bill account (i.e. doctor, dentist, hospital, etc.)
Account for services (i.e. attomey fees, mechanic fees, etc.)
O Judgment issued by a court (a copy of the judgment is required to be attached)
O Other. (Please explain)
This account balance includes:
Late fees in the as of .
(Month, Day, Year)
Other (Explain )
Interest at a rate of 8 % beginning on 12/1/2020 .
(Month, Day, Year)
Plaintiff:
is seeking attorney's fees and additional evidence will be presented to the court prior to entry
ofjudgment on attomey's fees.
OR
is not seeking attorney's fees.
Plaintiff believes that defendant is not a minor or an incompetent individual.
If the defendant is an individual, plaintiff states and declares that:
® Defendant is not on active military service. Plaintiff s statement that Defendant is not on active
military service is based upon the following facts:
Scarch of Servicemembers Civil Relief Act (SCRA) Website on 77//2023.
OR
O Plaintiff is unable to detennine whether or not Defendant is not on active military service
military service.
("Active military service" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the
National Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition
of "military service" in the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. Appx. § 521.)
I swear or affirm under the penalties of perjury that the foregoing representations are true.
Dated: July 13, 2023 Signature of Affiant· /s/ P---' A 2'-r--
RR-0002683900
ISECO1
1310.41.24
MAE / SRA(A) (B)
LEASE AGREEMENT -
Dupont Lakes Apartments
NOTICE: INDIANA LAW ESTABLISHES CERTAIN RIGHTS AND OBLIGATIONS FOR PARTIES TO RENTAL
AGREEMENTS. IF YOU HAVE A QUESTION ABOUT THE INTERPRETATION OR LEGALITY OF A PROVISION
OF THIS AGREEMENT, YOU MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED
PERSON.
THIS LEASE AGREEMENT (this "Lease"), dated (month) Ap_rjj_(day) _14, (year) 2020, by Edward Rose Development Company, L.L.C., as "Owner",
whose address for the purpose of mailing Rent is: P.O. Box 4053, Kalamazoo, Ml 49003, whose address for the purpose of providing notice is:
3302 Vantage Point Drive, Fort Wayne, IN 46825, and by the following Residents:
Shauneille Fordham (260) 804-3675 shauneillef@gmail.com
First Name Last Name Phone Email
First Name Last Name Phone Email
First Name Last Name Phone Email
First Name Last Name Phone Email
First Name Last Name Phone Email
First Name Last Name Phone Email
Collectively and jointly and severally, "Resident". By signing this Lease, Owner and Resident agree that the relationship between them is fully and
accurately defined by this Lease, and both Owner and Resident promise to faithfully and completely perform all of theirobligations hereunder.
1. DEFINITIONS AND BASIC LEASE TERMS.
(a) "Apartment": (f) "Rent" includes the sum of:
(1) Bldg. No. 04 Unit No. 10106-1B (1) Monthly Rent $ 761.00 plus
(2) Address 10106-1B Dupont Lakes Dr (2) All other rents, fees and charges as set forth on the Rent
Fort Wayne, IN 46825 Addendum attached hereto, including the prorated Rent
(3) Carport / Garage No(s) charges set forth thereon for the first month of the Term
(4) Storage No(s)
(g) The Monthly Rent includes/does not include charges for the
\(b) "Beginning Date": following utilities:
(Month) April (day) 14 ,
2020 Included Not Included
(Owner pays) (Resident Pays)
*
(c) "Ending Date": (1) water/Sewer [X] [ ]
(Month) April (day) 13 ,
2021 (2) Gas or Other Heating (X] ( ]
(3) Electricity (incl. air cond.) [ ] [X]
(d) "Security Deposit": $ 700.00 (4) Heating of Water [X] [ ]
"Additional Security Deposit": $ 0.00 (5) Trash [X] [ ]
--------.-(e)-'.'Non-RefundaNeRet-C::":
(h) The "Other Occupants" of the Apartment are:
* NOTE: Resident should review Section 3 "Term"
Name regarding 60 Day Notice to Vacate and Section 49
"Early Termination" for Early Termination Options.
Name
Name
Name
Name
Initials Initials Initials Initials Initials tnitiais
This document is digitally signed usingRENT afeeSignature services. Document ID. 8028660
(i) "Resident's Automobiles":
2013 Impala silver 000000
Year Model Color Plate # Year Model Color Plate #
Year Model Color Plate # Year Model Color Plate #
Year Model Color Plate # Year Model Color Plate #
Resident agrees to notify Owner of any changes to the Resident's Automobiles and/or license numbers.
2. AGREEMENT. the Apartment to Resident.
By this Lease, Owner Resident agrees to pay Rent promptly on or before the first day of
rents
each month during the Term, charges payable under this Lease when they are due. Resident agrees to comply with all the terms
and to pay all other
and conditions of this Lease. Resident waives any right to relief under any valuation and appraisement laws of the State of indiana. Resident agrees
that they are responsible to insure that all Other Occupants, and all of Resident's guests, invitees and licensees comply with the terms and
conditions of this Lease, and that any reference made to Resident herein, excluding Resident's duty to make required payments, applies equally to
the Other Occupants of the Apartment, and to Resident's guests, invitees and licensees. For so long as Resident has not violated the terms of this
Lease, Owner agrees that Resident may use the Apartment without interruption by Owner, except as herein described.
3. TERM. This Lease will begin on the Beginning Date and will continue until the Ending Date (the "Term"), subject rights of the to the
parties to terminate the Lease as set forth herein. If Resident or Owner does not desire to renew this Lease, either Residentmay notify
or Owner
the other party in writing of its this Lease (a
intent to"Termination
terminate Notice") at least sixty (60) days prior to the Ending Date (the
"Termination Notice Deadline").
provide its Resident
Termination shall
Notice either through the Apartment Community's online portal or by
delivering a hard copy of its written notice to the leasing office. if Resident fails to deliver its Termination Notice on or before the Termination
Notice Deadline, Resident shall be obligated to pay to Owner a Late Termination Fee (equal to the amount calculated by dividing the monthly rent
payment by the number of days in the month multiplied by the number of days until the Termination Notice is received, but not to exceed 60 days),
however, if Resident remains in the Apartment on a month-to-month basis following the Ending Date or if the Apartment is re-occupied within a
period of sixty (60) days following the Ending Date, then Resident shall receive a credit against the Late Termination Fee for each day during such
sixty (60) day period following the Ending Date that Resident remains in the Apartment (and pays the adjusted Monthly Rent in accordance with this
paragraph) or that the Apartment is re-occupied. If neither Resident nor Owner provides a Termination Notice, or if Resident fails to vacate the
Apartment on or prior to the Ending Date, then the Lease will continue beyond the Ending Date on a month-to-month basis on the same terms and
conditions as provided herein for the Term, except that Monthly Rent shall be increased to one hundred thirty percent (130%) of the current
Monthly Rent being charged for new leases at the Apartment Community. Further, until the termination of the month-to-month term, all other
terms and conditions of this Lease may be changed by the Owner by giving one (1) month prior written notice to Resident of the change. This notice
shall be binding on Resident. Any month-to-month term of this Lease may be terminated with a Termination Notice delivered by Resident or Owner
not later than thirty (30) days prior to the proposed termination date of the month-to-month term, but in no event shall the Lease continue on a
month-to-month basis for more than twelve (12) months following the Ending Date.
If Resident plans to vacate the Ending Date, Resident must notify Owner
Apartment on or after the
in writing at least sixty (60) days before desired move-out the
date, or Resident will be liable for Late
Termination Fee as explained in the preceding paragraph, which will be rent in arrears under the
terms of this Lease.
While this Lease is intended to begin on the Beginning Date, Owner does not promise that the Apartment will be ready and available for Resident on
the Beginning Date. If Resident is not able to enter and occupy the Apartment on the Beginning Date due to holdover by the previous resident, or
because reasonably beyond Owner's control, then this Lease will begin when Owner
of any cause determines the Apartment is ready and available
forpccupancy Date will be adjusted to reflect the actual date that
and the Beginning Resident takes possession of the Apartment. If Owner delivers
possession of the Apartment to Resident prior to the Beginning Date, such possession shall be subject to the terms and conditions of this Lease and
Resident agrees to pay prorated rent for any such period that Resident has possession of the Apartment. In the event of an adjustment to the
Beginning Date, no Rent or other charges will be due from Resident until the later Beginning Date, and Owner will not be liable for any damages to
Resident because of the later Beginning Date.
--..-- ..4.- RENT.-Res dent-promises-arutagreesto.-pay--the-fullamountaltheJent stated-in-pacagcaph-1 in-advance,.-wathout..actice-oc
demand, on or before
the first day of each month during the Term. In addition to mailing a check or money order to the Owners address as
provided on the first page of this Agreement, Resident may make all Rent payments (a) online by either electronic bank ACH transfer, debit card or
credit card (Visa, MasterCard, Discover or American Express); or (b) through Owner's designated Walk-in Payment System (WIPS) program. Owner
will not accept Rent Payments made in cash, and in no event will Owner accept Rent payments made at the leasing office. Owner will consider any
payment of less than the full amount owed as a partial payment, acceptance of which will not affect Owner's right to collect the full balance due,
and such acceptance shall in no way be construed as a modification of this Lease. Resident also promises and agrees to pay all other charges
imposed by this Lease no later than the first day of the month following the date on which Owner delivers the bill to Resident. All such sums will be
additional Rent under the terms of this Lease. If Owner receives the Rent on or after the fourth day of the month and before the tenth day of the
month, then Resident will pay a late charge of $40.00: and if on or after the tenth day of the month, then Resident will pay an additional late charge
of $40.00. Late charges are additional Rent under this Lease, will be added to Resident's account, and will be paid by Resident regardless of whether
billed by Owner. Owner's failure to bill the late charges will not waive the Owner's right to collect the late charges, and Owner's right to collect late
charges will be in addition to its other rights and remedies under this Lease. If any Rent payment has not been received by the Owner by the 7th day
of the month, or if Resident fails to pay any other charges billed to them on or before the first day of the month following the date on which Owner
delivers the bill to Resident, then Owner may terminate this Lease and pursue the remedies herein described. Any payment which is returned will
be treated as if no payment had been made, and in addition, Resident will pay a $25.00 returned payment fee, which sum will be additional Rent
under the terms of this Lease. Owner will credit any payment to any charge outstanding on Resident's account at Owner's sole discretion.
Initials Initials Initials Initials Initials initials
This document is digitally signed usmg RENT fe eSignature services. Document ID: 8028660
5. INTENTIONALLY OMITTED
6. SECURITY understands
DEPOSIT. that they have given a Security Deposit to Owner, which will be kept by Owner as
Resident assurance
that Resident performs obligations under this Lease. Owner's right to recover possession of the Apartment for non-payment of Rent or
all of their
for any other reason will not be affected by the fact that Owner holds the Security Deposit. Resident agrees that, except as required by law, Owner
shall retain aH interest earned, if any, on the Security Deposit as additional Rent, and that Resident shall not be entitled tointerest, if any, earned on
the Security Deposit. Residents may not elect to use the Security Deposit for Rent. The Security Deposit will be returned to Resident as and when
required by statute, less any deductions permitted by law, only after Resident and Other Occupants have vacated the Apartment and returned the
Apartment keys to Owner. If there is more than one Resident, Resident agrees that the Security Deposit is jointly held and paid.
NOTICE TO RESIDENT: PURSUANT TO INDIANA CODE §32-12-3-12 YOU MUST PROVIDE OWNER WITH WRITTEN NOTIFICATION
OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WILL RECElVE MAIL AFTER MOVE-OUT. OWNER SHALL NOT BE
REQUIRED TO PROVIDE YOU WITH (1) AN ITEMlZED LIST SETTING FORTH THE AMOUNT OF THE SECURITY DEPOSIT OWNER SHALL
RETAIN AND THE AMOUNT OF THE SECURITY DEPOSIT TO BE REFUNDED TO RESIDENT, OR (ll) A REFUND OF THE SECURITY
DEPOSIT, UNTll RESIDENT PROVIDES AN ADDRESS TO WHICH THE NOTICE AND THE UNAPPLIED SECURITY DEPOSIT MAY BE
SENT. UPON THE TERMINATION OR EXPIRATION OF THIS LEASE AGREEMENT AND RECEIPT OF THE FORWARDING ADDRESS
FROM RESIDENT, AS SPECIFIED ABOVE, OWNER SHALL RETURN THE SECURITY DEPOSIT LESS AMOUNTS TO WHICH OWNER IS
LEGALLY ENTITLED AS SET FORTH IN INDIANA CODE §32-31-3-12, WITHIN FORTY-FIVE (45) DAYS AFTER THE EXPIRATION OR
TERMINATION OF HIS LEASE AGREEMENT AND DELIVERY BY RESIDENT OF POSSESSION OF THE APARTMENT TO OWNER.
7. CHARACTER OF THE OCCUPANCY. Resident agrees that Resident will occupy the Apartment and that the Apartment is to be used
exclusively as a private residence Occupants listed in Paragraph 1, and for no other persons or purposes. Resident
for the Resident and the Other
agrees not to operate any business from the Apartment, conduct "garage sales," or make any other unusual use of the Apartment which might
violate the rights of Owner or other residents of the Apartment Community (as defined herein). Unless otherwise provided, Resident agrees to
occupy the Apartment at all times during this Lease and all extensions thereof. Resident understands that Owner may terminate this Lease if
Resident fails to comply with the terms of this Paragraph.
8. USE OF THE APARTMENT. and agrees that they will not use the Apartment for any purpose in violation
Resident understands of the
laws, ordinances, or regulations of authority or the rules set forth on Exhibit B. Resident agrees to furnish the Apartment and
any governmental
install draperies or other window treatments with white linings or surfaces on the exterior so the Apartment Community will have a uniform and
consistent appearance. Resident agrees to keep the Apartment in a clean and orderly condition, and not to do anything that might be considered
dangerous, might be a health hazard, or might violate any health or police regulations. Resident agrees that they will not engage in any activity or
act which might cause the Apartment to diminish in value, and that they will not misuse or neglect the Apartment or any of Owner's property or
appliances in the Apartment. Resident shall ensure that each smoke detector installed in the Apartment remains functional and is not disabled,
including testing the same no less than one (1) time every six (6) months to confirm it is in operational condition. If the smoke detector is battery
operated, Resident shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the Apartment's electrical
system, and Resident believes that the smoke detector is not functional, Resident shall provide notice to Owner under Indiana Code §22-11-18-
3.5(e)(2).
9. RESPONSIBILITY TO OTHER RESIDENTS. Resident understands that they are living in a multiple residence community (the
apartment
"Apartment Community") and that the mutual cooperation between all residents and Owner is essential in order to provide pleasant environment
a
for everyone within the Apartment Community. Therefore, Resident agrees to act in an orderly fashion and not to do anything which might cause a
disturbance, nuisance or an eyesore to the other residents.
10. OBLIGATIONS ON MOVING IN. Resident acknowledges and agrees that Owner has made no representations or warranties as to the
condition or the state of repairs of the Apartment or prior to the signing of this Lease. On or before the Beginning Date, Owner
the Common Areas
will furnish two (2) copies of an inventory checklist to Resident, substantially in the form attached hereto as Exhibit A (as may be updated from time
to time to reflect the contents of the Apartment, the "Inventory Checklist"). Resident must review the Inventory Checklist, and note on the
Inventory Checklist of the Apartment and Owner's
the condition property in the Apartment. One copy of the Inventory Checklist must then be
returned to Owner (7) days of the Beginning Date. FAILURE OF RESIDENT TO COMPLETE THE INVENTORY CHECKLIST WILL BE DEEMED
within seven
-Att-AGftffMEftf-tmRES10fNT-TttA-T-T†tf-A-PAftTMfftf--AN0©WNffrS4ROPEftT'r-fN--THf-APARTfotEf4 ~ARf·fN100DNtfAffitfNDAMAGEPAf¢D
SERVICEABLE CONDITION AS OF THE BEGINNING DATE. If Resident believes that Owner is responsible for repairs in the Apartment, Resident should
so indicate on their completed Inventory Checklist. With the exception of the deficiencies noted on Resident's Inventory Checklist, Resident accepts
the Apartment, fixtures, appliances, and furniture in their 'AS-IS' condition and acknowledges that, other than the warranties required by statute,
Owner makes no express warranties and disclaims any and all implied warranties with regard to the Apartment and its fixtures, appliances, and
furniture.
11. PET If Resident desires to keep a cat or dog in the Apartment for any length of time, they must sign a Pet Addendum in the form
POLICY.
attached (if applicable) and pay a Non-Refundable Pet Fee as set forth in the Pet Addendum.
hereto Resident's Total Monthly Rent will also increase
by the pet premium then in effect for the Apartment Community. Resident understands and agrees that the additional pet fee and monthly pet
premium in no way limits Resident's liability for damages to the Apartment. The Pet Addendum will be kept on file by Owner's onsite agent for the
Apartment Community (the "Property Manager"). if Owner tearns that any unregistered animal has been kept in the Apartment for any length of
time, then Resident understands and agrees that Owner will consider the animal to have been in the Apartment since the beginning of Resident's
residency and will be entitled to collect a Non-Refundable Pet Fee as is then in effect for the Apartment Community, plus an unauthorized pet fine
in the amount of $150, plus additional monthly Rent equal to the pet premium then in effect for the Apartment Community, retroactive to the
Beginning Date. Notwithstanding the foregoing, Owner will authorize guide, leader or service dogs or support animals as required by federal law
and the law of the state where the Apartment Community is located, provided that Owner shall have absolute and sole discretion in all cases to
refuse authorization for any animals that are not compatible with the policies of the Apartment Community. Resident must not feed stray or wild
animals. If Resident or any Other Occupant violates animal restrictions (with or without Resident's knowledge), then Resident shall be subject to
charges, damages, eviction, and other remedies provided in the Lease. If an animal has been in the Apartment at any time during the Lease Term
(with or without Owner's consent), Owner shall charge Resident for any defleaing, deodorizing or shampooing that Owner reasonably
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Ihis document is digitalb syned using RENT afe eSignature services. Document ID: 8028660
deems necessary. Any and all unauthorized charges and/or
pet fines, animal-removal
pet charges are
premiums and other animabviolation
liquidated damages for time, inconvenience, and litigation costs) in enforcing animal
and overhead of the Owner (except for attorney's fees
restrictions and rules. Owner may enter the Apartment to remove an nuisance animal by following the procedures of unauthorized, abandoned or
Paragraph 20. Owner may keep or kennel the animal or turn it over to a humane society or other local authority. When keeping or kenneling an
animal, Owner will not be liable for loss, harm, sickness or death of the animal unless by the negligence of the Owner. Owner will return the animal
to Resident upon request unless it has already been turned over to a humane society or local authority. Resident must pay for the animal's
reasonable care and kenneling charges.
12. ALTERATIONS. Resident may not to the
make Apartment
any without
alteration, prior written addition,
consent of or improvement
Owner. All permitted alterations, additions, good workmanlike
and using high quality materials, and don
Preview
02D02-2307-CC-001512 Filed: 7/18/2023 2:26 PM Clerk Allen Superior Court 2 Allen County, Indiana Edward Rose Development Co LLC BB Southfield MI 48034 Account Holder(s): Shauneille D Fordham ACCOUNT SERV DATE* REF NO. FOR REGARDING PRIN INT housing/property management 04/14/2020 ****7794 services through 11/06/2020 1684.98 352.32 This is an account summary, not a statement from the originating credi tor and has not previously been provided to the consumer. Please be advised that this is an attempt by a debt collector to collect a debt, any information obtained would be used for that purpose. AFFIDAVIT OF DEBT Comes now affiant, and states: I Manal A. Elayan am O Plaintiff (Name of Affiant) OR ® a designated agent of Edward Rose Development Co LLC, aka Dupont Lakca (Plaintiff). (Name ofPlaintifD I am of adult age and am fully authorized by Plaintiff to make the following representations. I am familiar with the record keeping practices of Plaintiff. The following representations are true according to documents kept in the normal course of Plaintiff's business and/or my personal knowledge: Plaintiff: is the original owner of this debt, and evidence of the debt, as required in Rules 9.2(A)(1), is attached as one or more Exhibits to this Affidavit. OR O has obtained this debt from and the original owner of this was Evidence of the debt, asrequired in Rule 9.2.(A)(2), is attached as one or more Exhibits to this Affidavit. Shauncille Fordham Defendant, has an unpaid balance of $2,037.30 on account 7794 . (Name of Defendant) (last 4 digits ofnumber or id only) That amount is due and owing to Plaintiff. This account was opened on 04/14/2020 . The last payment from Defendant was received on 11/20/2020 in the amount of 700 . The type of account is: O Credit card account (i.e. Visa, Mastercard, Department Store, etc.) List the name of the Company/Store issuing credit card: O Account for utilities (i.e. telephone, electric, sewer, etc.) O Medical bill account (i.e. doctor, dentist, hospital, etc.) Account for services (i.e. attomey fees, mechanic fees, etc.) O Judgment issued by a court (a copy of the judgment is required to be attached) O Other. (Please explain) This account balance includes: Late fees in the as of . (Month, Day, Year) Other (Explain ) Interest at a rate of 8 % beginning on 12/1/2020 . (Month, Day, Year) Plaintiff: is seeking attorney's fees and additional evidence will be presented to the court prior to entry ofjudgment on attomey's fees. OR is not seeking attorney's fees. Plaintiff believes that defendant is not a minor or an incompetent individual. If the defendant is an individual, plaintiff states and declares that: ® Defendant is not on active military service. Plaintiff s statement that Defendant is not on active military service is based upon the following facts: Scarch of Servicemembers Civil Relief Act (SCRA) Website on 77//2023. OR O Plaintiff is unable to detennine whether or not Defendant is not on active military service military service. ("Active military service" includes fulltime duty in the military (including the National Guard and reserves) and, for members of the National Guard, service under a call to active service authorized by the President or Secretary of Defense. For further information, see the definition of "military service" in the Servicemembers Civil Relief Act, as amended, 50 U.S.C.A. Appx. § 521.) I swear or affirm under the penalties of perjury that the foregoing representations are true. Dated: July 13, 2023 Signature of Affiant· /s/ P---' A 2'-r-- RR-0002683900 ISECO1 1310.41.24 MAE / SRA(A) (B) LEASE AGREEMENT - Dupont Lakes Apartments NOTICE: INDIANA LAW ESTABLISHES CERTAIN RIGHTS AND OBLIGATIONS FOR PARTIES TO RENTAL AGREEMENTS. IF YOU HAVE A QUESTION ABOUT THE INTERPRETATION OR LEGALITY OF A PROVISION OF THIS AGREEMENT, YOU MAY WANT TO SEEK ASSISTANCE FROM A LAWYER OR OTHER QUALIFIED PERSON. THIS LEASE AGREEMENT (this "Lease"), dated (month) Ap_rjj_(day) _14, (year) 2020, by Edward Rose Development Company, L.L.C., as "Owner", whose address for the purpose of mailing Rent is: P.O. Box 4053, Kalamazoo, Ml 49003, whose address for the purpose of providing notice is: 3302 Vantage Point Drive, Fort Wayne, IN 46825, and by the following Residents: Shauneille Fordham (260) 804-3675 shauneillef@gmail.com First Name Last Name Phone Email First Name Last Name Phone Email First Name Last Name Phone Email First Name Last Name Phone Email First Name Last Name Phone Email First Name Last Name Phone Email Collectively and jointly and severally, "Resident". By signing this Lease, Owner and Resident agree that the relationship between them is fully and accurately defined by this Lease, and both Owner and Resident promise to faithfully and completely perform all of theirobligations hereunder. 1. DEFINITIONS AND BASIC LEASE TERMS. (a) "Apartment": (f) "Rent" includes the sum of: (1) Bldg. No. 04 Unit No. 10106-1B (1) Monthly Rent $ 761.00 plus (2) Address 10106-1B Dupont Lakes Dr (2) All other rents, fees and charges as set forth on the Rent Fort Wayne, IN 46825 Addendum attached hereto, including the prorated Rent (3) Carport / Garage No(s) charges set forth thereon for the first month of the Term (4) Storage No(s) (g) The Monthly Rent includes/does not include charges for the \(b) "Beginning Date": following utilities: (Month) April (day) 14 , 2020 Included Not Included (Owner pays) (Resident Pays) * (c) "Ending Date": (1) water/Sewer [X] [ ] (Month) April (day) 13 , 2021 (2) Gas or Other Heating (X] ( ] (3) Electricity (incl. air cond.) [ ] [X] (d) "Security Deposit": $ 700.00 (4) Heating of Water [X] [ ] "Additional Security Deposit": $ 0.00 (5) Trash [X] [ ] --------.-(e)-'.'Non-RefundaNeRet-C::": (h) The "Other Occupants" of the Apartment are: * NOTE: Resident should review Section 3 "Term" Name regarding 60 Day Notice to Vacate and Section 49 "Early Termination" for Early Termination Options. Name Name Name Name Initials Initials Initials Initials Initials tnitiais This document is digitally signed usingRENT afeeSignature services. Document ID. 8028660 (i) "Resident's Automobiles": 2013 Impala silver 000000 Year Model Color Plate # Year Model Color Plate # Year Model Color Plate # Year Model Color Plate # Year Model Color Plate # Year Model Color Plate # Resident agrees to notify Owner of any changes to the Resident's Automobiles and/or license numbers. 2. AGREEMENT. the Apartment to Resident. By this Lease, Owner Resident agrees to pay Rent promptly on or before the first day of rents each month during the Term, charges payable under this Lease when they are due. Resident agrees to comply with all the terms and to pay all other and conditions of this Lease. Resident waives any right to relief under any valuation and appraisement laws of the State of indiana. Resident agrees that they are responsible to insure that all Other Occupants, and all of Resident's guests, invitees and licensees comply with the terms and conditions of this Lease, and that any reference made to Resident herein, excluding Resident's duty to make required payments, applies equally to the Other Occupants of the Apartment, and to Resident's guests, invitees and licensees. For so long as Resident has not violated the terms of this Lease, Owner agrees that Resident may use the Apartment without interruption by Owner, except as herein described. 3. TERM. This Lease will begin on the Beginning Date and will continue until the Ending Date (the "Term"), subject rights of the to the parties to terminate the Lease as set forth herein. If Resident or Owner does not desire to renew this Lease, either Residentmay notify or Owner the other party in writing of its this Lease (a intent to"Termination terminate Notice") at least sixty (60) days prior to the Ending Date (the "Termination Notice Deadline"). provide its Resident Termination shall Notice either through the Apartment Community's online portal or by delivering a hard copy of its written notice to the leasing office. if Resident fails to deliver its Termination Notice on or before the Termination Notice Deadline, Resident shall be obligated to pay to Owner a Late Termination Fee (equal to the amount calculated by dividing the monthly rent payment by the number of days in the month multiplied by the number of days until the Termination Notice is received, but not to exceed 60 days), however, if Resident remains in the Apartment on a month-to-month basis following the Ending Date or if the Apartment is re-occupied within a period of sixty (60) days following the Ending Date, then Resident shall receive a credit against the Late Termination Fee for each day during such sixty (60) day period following the Ending Date that Resident remains in the Apartment (and pays the adjusted Monthly Rent in accordance with this paragraph) or that the Apartment is re-occupied. If neither Resident nor Owner provides a Termination Notice, or if Resident fails to vacate the Apartment on or prior to the Ending Date, then the Lease will continue beyond the Ending Date on a month-to-month basis on the same terms and conditions as provided herein for the Term, except that Monthly Rent shall be increased to one hundred thirty percent (130%) of the current Monthly Rent being charged for new leases at the Apartment Community. Further, until the termination of the month-to-month term, all other terms and conditions of this Lease may be changed by the Owner by giving one (1) month prior written notice to Resident of the change. This notice shall be binding on Resident. Any month-to-month term of this Lease may be terminated with a Termination Notice delivered by Resident or Owner not later than thirty (30) days prior to the proposed termination date of the month-to-month term, but in no event shall the Lease continue on a month-to-month basis for more than twelve (12) months following the Ending Date. If Resident plans to vacate the Ending Date, Resident must notify Owner Apartment on or after the in writing at least sixty (60) days before desired move-out the date, or Resident will be liable for Late Termination Fee as explained in the preceding paragraph, which will be rent in arrears under the terms of this Lease. While this Lease is intended to begin on the Beginning Date, Owner does not promise that the Apartment will be ready and available for Resident on the Beginning Date. If Resident is not able to enter and occupy the Apartment on the Beginning Date due to holdover by the previous resident, or because reasonably beyond Owner's control, then this Lease will begin when Owner of any cause determines the Apartment is ready and available forpccupancy Date will be adjusted to reflect the actual date that and the Beginning Resident takes possession of the Apartment. If Owner delivers possession of the Apartment to Resident prior to the Beginning Date, such possession shall be subject to the terms and conditions of this Lease and Resident agrees to pay prorated rent for any such period that Resident has possession of the Apartment. In the event of an adjustment to the Beginning Date, no Rent or other charges will be due from Resident until the later Beginning Date, and Owner will not be liable for any damages to Resident because of the later Beginning Date. --..-- ..4.- RENT.-Res dent-promises-arutagreesto.-pay--the-fullamountaltheJent stated-in-pacagcaph-1 in-advance,.-wathout..actice-oc demand, on or before the first day of each month during the Term. In addition to mailing a check or money order to the Owners address as provided on the first page of this Agreement, Resident may make all Rent payments (a) online by either electronic bank ACH transfer, debit card or credit card (Visa, MasterCard, Discover or American Express); or (b) through Owner's designated Walk-in Payment System (WIPS) program. Owner will not accept Rent Payments made in cash, and in no event will Owner accept Rent payments made at the leasing office. Owner will consider any payment of less than the full amount owed as a partial payment, acceptance of which will not affect Owner's right to collect the full balance due, and such acceptance shall in no way be construed as a modification of this Lease. Resident also promises and agrees to pay all other charges imposed by this Lease no later than the first day of the month following the date on which Owner delivers the bill to Resident. All such sums will be additional Rent under the terms of this Lease. If Owner receives the Rent on or after the fourth day of the month and before the tenth day of the month, then Resident will pay a late charge of $40.00: and if on or after the tenth day of the month, then Resident will pay an additional late charge of $40.00. Late charges are additional Rent under this Lease, will be added to Resident's account, and will be paid by Resident regardless of whether billed by Owner. Owner's failure to bill the late charges will not waive the Owner's right to collect the late charges, and Owner's right to collect late charges will be in addition to its other rights and remedies under this Lease. If any Rent payment has not been received by the Owner by the 7th day of the month, or if Resident fails to pay any other charges billed to them on or before the first day of the month following the date on which Owner delivers the bill to Resident, then Owner may terminate this Lease and pursue the remedies herein described. Any payment which is returned will be treated as if no payment had been made, and in addition, Resident will pay a $25.00 returned payment fee, which sum will be additional Rent under the terms of this Lease. Owner will credit any payment to any charge outstanding on Resident's account at Owner's sole discretion. Initials Initials Initials Initials Initials initials This document is digitally signed usmg RENT fe eSignature services. Document ID: 8028660 5. INTENTIONALLY OMITTED 6. SECURITY understands DEPOSIT. that they have given a Security Deposit to Owner, which will be kept by Owner as Resident assurance that Resident performs obligations under this Lease. Owner's right to recover possession of the Apartment for non-payment of Rent or all of their for any other reason will not be affected by the fact that Owner holds the Security Deposit. Resident agrees that, except as required by law, Owner shall retain aH interest earned, if any, on the Security Deposit as additional Rent, and that Resident shall not be entitled tointerest, if any, earned on the Security Deposit. Residents may not elect to use the Security Deposit for Rent. The Security Deposit will be returned to Resident as and when required by statute, less any deductions permitted by law, only after Resident and Other Occupants have vacated the Apartment and returned the Apartment keys to Owner. If there is more than one Resident, Resident agrees that the Security Deposit is jointly held and paid. NOTICE TO RESIDENT: PURSUANT TO INDIANA CODE §32-12-3-12 YOU MUST PROVIDE OWNER WITH WRITTEN NOTIFICATION OF A FORWARDING ADDRESS WHERE YOU CAN BE REACHED AND WILL RECElVE MAIL AFTER MOVE-OUT. OWNER SHALL NOT BE REQUIRED TO PROVIDE YOU WITH (1) AN ITEMlZED LIST SETTING FORTH THE AMOUNT OF THE SECURITY DEPOSIT OWNER SHALL RETAIN AND THE AMOUNT OF THE SECURITY DEPOSIT TO BE REFUNDED TO RESIDENT, OR (ll) A REFUND OF THE SECURITY DEPOSIT, UNTll RESIDENT PROVIDES AN ADDRESS TO WHICH THE NOTICE AND THE UNAPPLIED SECURITY DEPOSIT MAY BE SENT. UPON THE TERMINATION OR EXPIRATION OF THIS LEASE AGREEMENT AND RECEIPT OF THE FORWARDING ADDRESS FROM RESIDENT, AS SPECIFIED ABOVE, OWNER SHALL RETURN THE SECURITY DEPOSIT LESS AMOUNTS TO WHICH OWNER IS LEGALLY ENTITLED AS SET FORTH IN INDIANA CODE §32-31-3-12, WITHIN FORTY-FIVE (45) DAYS AFTER THE EXPIRATION OR TERMINATION OF HIS LEASE AGREEMENT AND DELIVERY BY RESIDENT OF POSSESSION OF THE APARTMENT TO OWNER. 7. CHARACTER OF THE OCCUPANCY. Resident agrees that Resident will occupy the Apartment and that the Apartment is to be used exclusively as a private residence Occupants listed in Paragraph 1, and for no other persons or purposes. Resident for the Resident and the Other agrees not to operate any business from the Apartment, conduct "garage sales," or make any other unusual use of the Apartment which might violate the rights of Owner or other residents of the Apartment Community (as defined herein). Unless otherwise provided, Resident agrees to occupy the Apartment at all times during this Lease and all extensions thereof. Resident understands that Owner may terminate this Lease if Resident fails to comply with the terms of this Paragraph. 8. USE OF THE APARTMENT. and agrees that they will not use the Apartment for any purpose in violation Resident understands of the laws, ordinances, or regulations of authority or the rules set forth on Exhibit B. Resident agrees to furnish the Apartment and any governmental install draperies or other window treatments with white linings or surfaces on the exterior so the Apartment Community will have a uniform and consistent appearance. Resident agrees to keep the Apartment in a clean and orderly condition, and not to do anything that might be considered dangerous, might be a health hazard, or might violate any health or police regulations. Resident agrees that they will not engage in any activity or act which might cause the Apartment to diminish in value, and that they will not misuse or neglect the Apartment or any of Owner's property or appliances in the Apartment. Resident shall ensure that each smoke detector installed in the Apartment remains functional and is not disabled, including testing the same no less than one (1) time every six (6) months to confirm it is in operational condition. If the smoke detector is battery operated, Resident shall replace batteries in the smoke detector as necessary. If the smoke detector is hard wired into the Apartment's electrical system, and Resident believes that the smoke detector is not functional, Resident shall provide notice to Owner under Indiana Code §22-11-18- 3.5(e)(2). 9. RESPONSIBILITY TO OTHER RESIDENTS. Resident understands that they are living in a multiple residence community (the apartment "Apartment Community") and that the mutual cooperation between all residents and Owner is essential in order to provide pleasant environment a for everyone within the Apartment Community. Therefore, Resident agrees to act in an orderly fashion and not to do anything which might cause a disturbance, nuisance or an eyesore to the other residents. 10. OBLIGATIONS ON MOVING IN. Resident acknowledges and agrees that Owner has made no representations or warranties as to the condition or the state of repairs of the Apartment or prior to the signing of this Lease. On or before the Beginning Date, Owner the Common Areas will furnish two (2) copies of an inventory checklist to Resident, substantially in the form attached hereto as Exhibit A (as may be updated from time to time to reflect the contents of the Apartment, the "Inventory Checklist"). Resident must review the Inventory Checklist, and note on the Inventory Checklist of the Apartment and Owner's the condition property in the Apartment. One copy of the Inventory Checklist must then be returned to Owner (7) days of the Beginning Date. FAILURE OF RESIDENT TO COMPLETE THE INVENTORY CHECKLIST WILL BE DEEMED within seven -Att-AGftffMEftf-tmRES10fNT-TttA-T-T†tf-A-PAftTMfftf--AN0©WNffrS4ROPEftT'r-fN--THf-APARTfotEf4 ~ARf·fN100DNtfAffitfNDAMAGEPAf¢D SERVICEABLE CONDITION AS OF THE BEGINNING DATE. If Resident believes that Owner is responsible for repairs in the Apartment, Resident should so indicate on their completed Inventory Checklist. With the exception of the deficiencies noted on Resident's Inventory Checklist, Resident accepts the Apartment, fixtures, appliances, and furniture in their 'AS-IS' condition and acknowledges that, other than the warranties required by statute, Owner makes no express warranties and disclaims any and all implied warranties with regard to the Apartment and its fixtures, appliances, and furniture. 11. PET If Resident desires to keep a cat or dog in the Apartment for any length of time, they must sign a Pet Addendum in the form POLICY. attached (if applicable) and pay a Non-Refundable Pet Fee as set forth in the Pet Addendum. hereto Resident's Total Monthly Rent will also increase by the pet premium then in effect for the Apartment Community. Resident understands and agrees that the additional pet fee and monthly pet premium in no way limits Resident's liability for damages to the Apartment. The Pet Addendum will be kept on file by Owner's onsite agent for the Apartment Community (the "Property Manager"). if Owner tearns that any unregistered animal has been kept in the Apartment for any length of time, then Resident understands and agrees that Owner will consider the animal to have been in the Apartment since the beginning of Resident's residency and will be entitled to collect a Non-Refundable Pet Fee as is then in effect for the Apartment Community, plus an unauthorized pet fine in the amount of $150, plus additional monthly Rent equal to the pet premium then in effect for the Apartment Community, retroactive to the Beginning Date. Notwithstanding the foregoing, Owner will authorize guide, leader or service dogs or support animals as required by federal law and the law of the state where the Apartment Community is located, provided that Owner shall have absolute and sole discretion in all cases to refuse authorization for any animals that are not compatible with the policies of the Apartment Community. Resident must not feed stray or wild animals. If Resident or any Other Occupant violates animal restrictions (with or without Resident's knowledge), then Resident shall be subject to charges, damages, eviction, and other remedies provided in the Lease. If an animal has been in the Apartment at any time during the Lease Term (with or without Owner's consent), Owner shall charge Resident for any defleaing, deodorizing or shampooing that Owner reasonably Initials Initials Initials Initials Initials Initials Ihis document is digitalb syned using RENT afe eSignature services. Document ID: 8028660 deems necessary. Any and all unauthorized charges and/or pet fines, animal-removal pet charges are premiums and other animabviolation liquidated damages for time, inconvenience, and litigation costs) in enforcing animal and overhead of the Owner (except for attorney's fees restrictions and rules. Owner may enter the Apartment to remove an nuisance animal by following the procedures of unauthorized, abandoned or Paragraph 20. Owner may keep or kennel the animal or turn it over to a humane society or other local authority. When keeping or kenneling an animal, Owner will not be liable for loss, harm, sickness or death of the animal unless by the negligence of the Owner. Owner will return the animal to Resident upon request unless it has already been turned over to a humane society or local authority. Resident must pay for the animal's reasonable care and kenneling charges. 12. ALTERATIONS. Resident may not to the make Apartment any without alteration, prior written addition, consent of or improvement Owner. All permitted alterations, additions, good workmanlike and using high quality materials, and don