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TERRY RJCHARDS
2715 Wildflower Drive
Antioch, CA 94531
Telephone (925)408-9895
Defendant IN PRO PER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 ASHLEY M. NAGHASH, CaseNo. 34-2011-00113923
12 Plaintiff, REPLY TO OPPOSITION TO MOTION TO
SET ASIDE DEFAULT AND DEFAULT
13 JUDGMENT; SUPPORTING
vs.
DECLARATION OF TERRY RICHARDS
14 BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY, et. al Date: December 18,2013
15 Time: 9:00 a.m.
Defendants. Dept: 54
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18 Defendant, TERRY RICHARDS, hereby replies to Plaintiffs Opposition to his motion
19 for an order setting aside the default (and default judgment if any) entered against him on May
20 31. 2013 as follovvs:
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REPLY 473 MOTION - 1
DECLARATION OF TERRY RICHARDS
1, TERRY RICHARDS, declare:
1. 1 am the named defendant in this action against whom a default vvas entered. The
4 facts stated below are of my own personal knowledge, and if called upon to testify, 1 could and
5 vvould competently testify thereto.
6 2. Attached are documents evidencing where I was living at the time service of the
7 summons and complaint had been attempted on me at my mother's house. At no time was 1
8 evading service.
9 I declare under penalty of perjury that the foregoing is true and correct, and that this
10 declaration was executed this \\ day of December 2013, at 'Sft-c^r<\Me.rvVt) . California.
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TERRY RICHARDS
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473 MOTION
C A L I F O R N I A RESIDENTIAL LEASE OR
ASSOCIATION MONTH-TO-MONTH RENTAL AGREEMENT
.. OF R E A L T O R S * (CA.R. Form LR, Revised 11/08)
Date 06/29/2011 Leonard Purcell, Paula Purcell ("Landlord") and
Terry Ricliards, Justine Rin, & Gina Caudle ("Tenant") agree as follows:
1.PROPERTY:
A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: PSOC Centpr Lane.
Antioch CA 94509 ("Premises").
B. The Premises are for the sole use as a personal residence by the following named person(s)only: T e r r y j ; i c h a r d s . Justine Rin, &
Gina Caudle and ons minor child ^Joshua Rictiards)
C. The following personal property, maintained pursuant lo paragraph 11, is included: r e f r i g e r a t o r , c l o t h e s w a s h e r a n d d r y e r
or L J (if checked) the personal property on the attached addendum.
TERM: The term begins on (date) J u l y 7. 2 0 1 1 ("Commencement Date"), (Chock A or B):
O A. Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days
prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be
given on any date.
0 B. Lease: and shall terminate on (date) Jung 3 0 . 2012 at i i :59 • AM/ 0 PM.
Tenant shall vacate the Premises upon termination of the Agreemenl. unless; (i) Landlord and Tenant have extended (his agreemenl in
writing or signed a new agreement; (il) mandated by local rent control law; or (III) Landlord accepts Rent from Tenant (other than past due
Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be
at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force
and effect.
RENT: "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms ofthe Agreement, except security deposit.
A. Tenant agrees lo pay S 1 . 2 7 5 . 00 per monlh for the lerm of the Agreement.
B. Rent is payable in advance on the 1st (or Q ) day of each calendar month, and is delinquent on the next day.
C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month's Rent in
advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.
D. PAYMENT: Rent shall be paid by 0 personal check, 0 money order, 0 cashier's check, or • other , to
(name) f i r s t i ^ e a l t y / P r y o r & A s s o c i a t e s fohnne^ ( 9 2 5 ) 7 5 4 - 7 0 0 0 at
(address) 2321 Buchanan R o a d , A n t i o c h . Ca 94 509 • (or
at any olher location subsequently specified by Landlord in writing lo Tenant) (and 0 if checked, rent may be paid personally between the hours
of 9 : 0 0 AM and 5 : 0 0 PM on the following days d a i l y ). If any paymenls
is returned for non-sufficient funds ("NSF") or because lenanl stops payment, then, after that: (i) Landlord may. In writing, require Tenant lo pay
Rent in cash for three months and (ii) all future Rent shall be paid b y D money order, or [x] cashier's check.
SECURITY DEPOSIT:
A. Tenant agrees to pay $ 2 , 0 7 5 . 00 as a security deposit. Securily deposit will be 0 transferred lo and held by the Owner
ofthe Premises, or 0 h e l d in Owner's Broker's trust accouni.
B All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenant's default in payment of Rent (which includes
Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of
Tenant; (ill) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances.
SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the
security deposii is used during the tenancy. Tenant agrees to reinstate the total security deposit within five days after writien noiice is delivered to
Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amounl of any
security deposit received and the basis for ils disposition and supporting documenlalion as required by California Civil Code § 1950.5(g): and (2)
return any remaining portion of the securily deposit lo Tenant.
C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned
by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.
D. No interesl will be paid on security deposit unless required by local law.
E. If Ihe security deposii is held by Owner, Tenant agrees not lo hold Broker responsible for its return. If the security deposit is held in Owner's
Broker's trust account, and Broker's authority is terminated before expiration of this Agreement, and security deposii is released to someone
other than Tenant, then Broker shall notify Tenant, in writing, where and lo whom securily deposii has been released. Once Tenant has been
provided such notice, Tenant agrees not lo hold Broker responsible for the security deposit.
5. MOVE-IN COSTS^ECEIVED/DUE: Move-in funds made pa_yable aval to First Realty / Pryor & Associates
0 cashier's check.
Category Total Due Payment Received Balance Due Date Due
Rent from 0 7 / 0 7 / 2 0 1 1
to 0 7 / 3 1 / 2 0 1 1 (date) $1.062.50 $545.00 $117.50 07/07/2011
'Security Deposit $2.075.00 $2,075.00 07/07/2011
Other
Other
Total $3,137.50 $3,020.00 $117.50 07/07/2011
"The maximum amount Landlord may receive as security deposit, however designated, cannot exceed two months'Rent nths: Re for unfurnished premises, or
three months' Rent for furnished premises. Tenant's Initials' (
The copyright laws of the United States (Title 17 U.S. Code) (ortjid the unauthorized
reprcxluction of this fomn, or any portion thereof, by photocopy machine or any other Landlord's Initials (
means, including facsimile or computerized formats. Copyright O 1991-2008,
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESEf^VED. Reviewed by . [tlUAlHOUS«C
LR REVISED 11/08 (PAGE 1 OF 6)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 1 OF 6)
Agent: Mark Pryor Phone:925-754-7000 Fax:925-778-2015 Prepared using zipForm® software
Broker: First Realty / Pryor & Associates 2321 Buchanan Rd Antioch, CA 94509
A W W W b. C A
Premises: Antioch, CA 54509 ^ Date: June 29, 2011
6. L A T E C H A R G E ; R E T U R N E D C H E C K S :
A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and
expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent
due from Tenant is not received by Landlord within 5 (or D ) calendar days after fhe date due, or if a check is returned.
Tenant shall pay to Landlord, respectively, an additional sum of $ or 5 . OOP % of the Rent due as
a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check,
either or both of which shall be deemed additional Rent.
B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right
to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 or prevent
Landlord from exercising any other rights and remedies under this Agreement and as provided by law.
7. PARKING: (Check A or B)
0 A. Parking is permitted as follows: o n l y i n d r i v e w a y , g a r a g e o r a y a i l a J b l e s t r e e t p a r k : i n g
The right to parking [x] is Q] is nof included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the
parking rental fee shall be an additional $ per month. Parking space(s) are to be used for parking
properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up
trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other
motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted
in parking space(s) or elsewhere on the Premises.
OR D B. Parking is not permitted on the Premises.
8. STORAGE: (Check A or B)
0 A. Storage is permitted as follows: o n l y i n s i d e t h e p r o p e r t y o r i n s i d e t h e g a r a g e
The right fo storage space 0 i s , Q is not, included in the Rent charged pursuant to paragraph 3. If not included in the Rent,
storage space fee shall be an additional $ per month. Tenant shall store only personal property
Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall
not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other
inherently dangerous material, or illegal substances.
OR • B. Storage is not permitted on the Premises.
9. UTILITIES: Tenant agrees to pay for all utilities and sen/ices, and the following charges: N/A
except , which shall be paid for by Landlord. If any utilities are not separately metered.
Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered.
Tenant shall place utilities in Tenant's name as of the Commencement Date. Landlord is only responsible for installing and
maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from
existing utilities service provider.
10. CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and
fixtures, including smoke detector(s).
S heck all that apply:)
A. Tenant acknowledges these items are clean and in operable condition, with the following excepfions:
• B. Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (CA.R. Form
^ MIMO). r-i
• C. Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 (or LJ ) days
after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the
Premises.
0 D. Other: as p e r s u p p l e m e n t a l Addendum p a r a g r a p h §6 •
11. MAINTENANCE:
A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and
appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and fhe Premises clean, sanitary and well
ventilated. Tenant shall be responsible for checking and maintaining all smoke defectors and any addifional phone lines beyond
the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord, in writing, of any
problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or
licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure
fo report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by
defective plumbing parts or tree roots invading sewer lines.
B. 0 Landlord 0 Tenant shall water the garden, landscaping, trees and shrubs, except:
C. • Landlord 0 Tenant shall maintain the garden, landscaping, frees and shrubs, except: l a n d l o r d s h a l l p r o y i d e a
gardener , , •
D. 0 Landlord 0 Tenant shall maintain . •
E. Tenant's failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform
such maintenance and charge Tenant to cover the cost of such maintenance.
F. The following items of personal property are included in the Premises without warranty and Landlord will nol maintain, riepair or
replace them: refrlaerat-.or. clothns washer and drver
Tenant's Initials ('
Landlord's Initials (
Copyright© 1991-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
Reviewed by Dale> I
[OUAIHOUSM
OPPOHTUMIIV
LR REVISED 11/08 (PAGE 2 OF 6)
R E S I D E N T I A L L E A S E O R M O N T H - T O - M O N T H R E N T A L A G R E E M E N T ( L R P A G E 2 O F 6)
2806 Center Lane
Pren>*ses: Antioch, CA 94509 Date: June 29. 2011
1.2. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other
governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or
other technology services and installations, proximity to commercial, industrial or agricultural acfivities, existing and proposed
transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild
and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions
and influences of significance fo certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.
13. PETS: Unless otherwise provided in California Civil Code § 54.2. no animal or pet shall be kept on or about the Premises
without Landlord's prior written consent, except: w/A .
14. 0 (If checked) NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Tenant is
responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Tenant
is in breach of fhis Agreemenf; (Ili) Tenant, Authorized Guests, and all others may be required to leave fhe Premises; and (iv) Tenant
acknowledges that in order to remove odor caused by smoking. Landlord may need fo replace carpet and drapes and paint entire
Premises regardless of when these items were last cleaned or replaced. Such actions and other necessary steps will impact the
return of any security deposit.
15. RULES/REGULATIONS:
A. Tenant agrees fo comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to
Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere
with other tenants of the building or neighbors, or use fhe Premises for any unlav\rful purposes, including, but not limited fo,
using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a
waste or nuisance on or about fhe Premises.
B. (If applicable, check one)
B 1. Landlord shall provide Tenant with a copy of fhe rules and regulations within days or
2. Tenant has been provided with, and acknowledges receipf of, a copy of fhe rules and regulations.
16. • ( I f checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:
.
A. The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development
governed by a homeowners' association ("HOA"). The name of the HOA is .
Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions.
Landlord shall provide Tenant copies of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges
imposed by HOA or other authorifies, due to any violation by Tenant, or fhe guests or licensees of Tenant.
B. (Check one)
• 1. Landlord shall provide Tenant with a copy of the HOA rules and regulations within days or .
OR []] 2. Tenant has been provided with, and acknowledges receipt of, a copy of fhe HOA rules and regulations.
17. ALTERATIONS; REPAIRS: Unless otherwise specified by law or paragraph 29C, without Landlord's prior written consent, (i) Tenant
shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or
changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large
nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant
shall nof deduct from Rent fhe costs of any repairs, alterations or improvements; and (iv) any deducfion made by Tenant shall be
considered unpaid Rent.
18. KEYS; LOCKS:
A. Tenant acknowledges receipf of (or Tenant will receive [x] prior to the Commencement Date, or Q ):
0 1 key(s) to Premises, 0 ' i remote control device(s) for garage door/gate opener(s),
• key(s) fo mailbox, •
Q key(s) to common area(s), •
B. Tenant acknowledges that locks to the Premises 0 have, 0 have not, been re-keyed.
C. If Tenant re-keys existing locks or opening devices. Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall
pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by
Tenant.
19. ENTRY:
A. Tenant shall make Premises available fo Landlord or Landlord's representative for fhe purpose of entering to make necessary or
agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to
prospecfive or actual purchasers, tenants, mortgagees, lenders, appraisers, or confractors.
B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows: 48-hour
written nofice is required fo conduct an inspection of the Premises prior fo the Tenant moving out, unless fhe Tenant waives the
right to such nofice. Notice may be given orally to show the Premises fo actual or prospective purchasers provided Tenant has
been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral nofice may be given
fo show the Premises. No nofice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at
the time of entry or (iii) if fhe Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord and
Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of fhe oral
agreement.
C. E] (If checked) Tenant authorizes the use of a keysafe/lockbox fo allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum (CA.R. Form KLA).
20. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.
21. ASSIGNMENT; SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer fhis Agreemenf or any
interest in it, without Landlord's prior written consent. Unless such consent is obtained, any. assignment, transfer or subletting of
Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Landlord,
Tenant's Initials (
Landlord's Initials (
Copyright © 1991-2008. CALIFORNIA ASSOCIATION OF REALTORS®. INC.
Reviewed bv *' Date r™" HOUSMC
LR REVISED 11/08 (PAGE 3 OF 6)
RESIDENTIAL L E A S E OR MONTH-TO-MONTH RENTAL A G R E E M E N T (LR P A G E 3 OF 6)
2806 Center Lane
Premises: Antioch, CA 94509 Date: June 29, 2011
'terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit
information for Landlord's approval and, if approved, sign a separate written agreemenf with Landlord and Tenant. Landlord's
consent to any one assignment, transfer or sublease, shall nof be consfrued as consent to any subsequent assignment, transfer or
sublease and does not release Tenant of Tenant's obligafions under this Agreement.
22. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely
responsible for the performance of all obligations of Tenant under fhis Agreemenf, jointly with every other Tenant, and individually,
whether or not in possession.
23. 0 LEAD-BASED PAINT (If checked): Premises was constructed prior to 1978. In accordance with federal law. Landlord gives and
Tenant acknowledges receipt of the disclosures on the attached form (CA.R. Form FLD) and a federally approved lead pamphlet.
24. 0 MILITARY ORDNANCE DISCLOSURE: (If applicable and known to Landlord) Premises is located within one mile of an area once
used for military training, and may contain potentially explosive munitions.
25. 0 PERIODIC PEST CONTROL: Landlord has entered into a contract for periodic pest control treatment of the Premises and shall
give Tenant a copy of the notice originally given to Landlord by the pest control company.
26. 0 METHAMPHETAMINE CONTAMINATION: Prior to signing this Agreemenf, Landlord has given Tenant a notice that a health
official has issued an order prohibiting occupancy of fhe property because of methamphetamine contamination. A copy of the
notice and order are attached.
27. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Secfion 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 Jusfice at
www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either fhe address af which the
offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are
required to check this website. If Tenant wants further information. Tenant should obtain information directly from this website.)
28. POSSESSION:
A. Tenant is not in possession of the premises. If Landlord is unable fo deliver possession of Premises on Commencement Date,
such Date shall be extended to the date on which possession is made available fo Tenant. If Landlord is unable to deliver
possession within 5 (or 0 ) calendar days after agreed Commencement Date, Tenant may terminate fhis Agreement
by giving written nofice fo Landlord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated
when Tenant has returned all keys fo fhe Premises fo Landlord.
B. 0 Tenant is already in possession of the Premises.
29. TENANT'S OBLIGATIONS UPON VACATING PREMISES:
A. Upon termination of this Agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises,
including any common areas; (ii) vacate and surrender Premises to Landlord, empty of all persons; (iii) vacate any/all parking
and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Landlord in the same condition as
referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii)
B. All alterations/improvements made by or caused to be made by Tenant, with or without Landlord's consent, become the property
of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was in prior to any
alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of a tenancy (CA.R. Form
NTT), or before the end of a lease. Tenant has the right to requesl that an inspection of the Premises take place prior to
terminafion of fhe lease or rental (CA.R. Form NRI). If Tenant requests such an inspection. Tenant shall be given an opportunity
to remedy identified deficiencies prior fo termination, consistent with the terms of this Agreemenl. (ii) Any repairs or alterations
made fo fhe Premises as a result of this inspection (collectively. "Repairs") shall be made at Tenant's expense. Repairs may be
performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work
shall comply with applicable law, including governmental permit, inspection and approval requiremenls. Repairs shall be
performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood
that exact restoration of appearance or cosmetic items following all Repairs may not be possible, (iii) Tenant shall: (a) obtain
receipts for Repairs performed by others; (b) prepare a written statement indicating fhe Repairs performed by Tenant and the
dafe of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 29C does not
apply when fhe tenancy is terminated pursuant to California Code of Civil Procedure § 1161 (2), (3) or (4).
30. BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 29, in the event of
termination by Tenant prior to completion of the original term of the Agreemenf, Tenant shall also be responsible for lost Rent, rental
commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withhold any such
amounts from Tenant's security deposit.
3 1 . TEMPORARY RELOCATION: Subject fo local law. Tenant agrees, upon demand of Landlord, fo temporarily vacate Premises for a
reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary fo prepare Premises fo accommodate pest
control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal fo fhe per diem Rent for the period of time Tenant is required to vacate
Premises.
32. DAMAGE TO PREMISES: If' by no fault of Tenant. Premises are totally or partially damaged or desfroyed by fire, earthquake,
accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this
Agreement by giving the other written notice. Rent shall be abated as of fhe dafe Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreemenf is not terminated. Landlord shall
prompfly repair fhe damage, and Rent shall be reduced based on fhe extent fo which fhe damage interferes with Tenant's reasonable
use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of
terminafion, and no reduction in Rent shall be made.
33. INSURANCE: Tenant's or guest's personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA,
against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any oyier cause. Tenant is
Tenant's Initials ( .
Landlord's Initials (
Copyright© 1991-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
LR REVISED 11/08 (PAGE 4 OF 6) opposiuKiir
R E S I D E N T I A L L E A S E O R M O N T H - T O - M O N T H R E N T A L A G R E E M E N T ( L R P A G E 4 O F 6)
Premises: Antioch, CA 94509 Date: June 29, 2011
advised to carry Tenant's o w n i n s u r a n c e (renter's insurance) t o protect Tenant f r o m any s u c h loss o r damage. Tenant shall
comply with any requirement imposed on Tenant by Landlord's insurer to avoid: (i) an increase in Landlord's insurance premium (or
Tenant shall pay for the increase in premium); or (ii) loss of insurance.
34. WATERBEDS: Tenant shall not use or have waterbeds on fhe Premises unless: (i) Tenant obtains a valid waferbed insurance
policy; (li) Tenant increases the securify deposit in an amount equal to one-half of one month's Rent; and (iii) the bed conforms fo
the floor load capacity of Premises.
35. WAIVER: The waiver of any breach shall nof be construed as a continuing waiver of the same or any subsequent breach.
36. NOTICE: Notices may be served at fhe following address, or af any other location subsequently designated:
Landlord: Leonard and Paula Purcell Tenant: Terry fiichards. Justine Rin
First Realty / Pryor & Associates Gina Caudle
2321 Buchanan Road 2806 Center Lane
Antioch, Ca 94509 Antioch, Ca 94509
37. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or
Landlord's agent within 3 days after its receipt. Failure to comply with fhis requirement shall be deemed Tenant's acknowledgment
that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
38. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's rental application are accurate. Tenant
authorizes Landlord and Broker(s) to obtain Tenant's credit report periodically during fhe tenancy in connecfion with the modification
or enforcement of this Agreemenf. Landlord may cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the
credit report(s); or (iii) at any fime, upon discovering that information in Tenant's application is false. A negative credit report reflecting
on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill fhe terms of payment and other obligations
under this Agreement.
39. MEDIATION:
A. Consistent with paragraphs B and C below. Landlord and Tenant agree to mediate any dispute or claim arising between them out
of fhis Agreement, or any resulting transaction, before resorting to court acfion. Mediation fees, if any, shall be divided equally
among fhe parties involved. If. for any dispute or claim fo which fhis paragraph applies, any party commences an aclion without
first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party
shall nof be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
B. The following matters are excluded from mediation: (i) an unlawful detainer acfion; (ii) the filing or enforcement of a mechanic's
lien; and (iii) any matter within fhe jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable
the recording of a nofice of pending acfion, for order of attachment, receivership, injunction, or other provisional remedies, shall
not consfitute a waiver of the mediation provision.
C. Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager ("Broker"),
provided Broker shall have agreed to such mediation prior fo, or within a reasonable time after, the dispute or claim is presented
to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this
Agreemenf.
40. ATTORNEY FEES: In any action or proceeding arising out of fhis Agreemenf. the prevailing party between Landlord and Tenant shall
be enfitled fo reasonable attorney fees and costs, except as provided in paragraph 39A.
41. C A . R . FORM: C A . R . Form means the specific form referenced or another comparable form agreed to by the parties.
42. OTHER TERMS AND CONDITIONS; SUPPLEMENTS: • InlerpreterrTranslalor Agreement (CA.R. Form ITA);
B Kevsafe/Lockbox Addendum (CA.R.Form KLA): B Lead-Based Paint and Lead-Based Paint Hazards Disclosure (CA.R. Form FLD)
The following ATTACHED supplements are incorporated in this Agreement: 1.) Supplemental Addendum dated
06/29/2011; and 2.) Lease Mold and Ventilation Addendum
43. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are
incorporated in fhis Agreemenf. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may nol be contradicted by evidence of any prior agreement or contemporaneous oral
agreemenf. If any provision of fhis Agreemenf is held to be ineffective or invalid, the remaining provisions will nevertheless be given
full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in
writing. This Agreemenf is subject fo California landlord-tenant law and shall incorporate all changes required by amendment or
successors fo such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or
more counterparts, all of which shall consfitute one and the same writing.
44. A G E N C Y :
A. CONFIRMATION: The following agency relafionship(s) are hereby confirmed for this transaction:
Listing Agent: (Print firm name) First Realty / Pryor & Associates
is the agent of (check one): 0 the Landlord exclusively; or Q both the Landlord and Tenant.
Leasing Agent: (Print firm name) F i r s t Realty / Pryor & Associates ,
(if not same as Listing Agent) is the agent of (check one): 0 t h e Tenant exclusively; or 0 fhe Landlord exclusively; or
0 b o t h fhe Tenant and Landlord.
B. DISCLOSURE: n (If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships
(CA.R. Form A(5) has been provided to Landlord and Tenant, who each acknowledge its receipt.
45. • TENANT COMPENSATION TO BROKER: Upon execution of this Agreemenf, Tenant agrees to pay compensation to Broker as
specified in a separate written agreemenf between Tenant and Broker. ^ nrr\ .
Tenant's Initials (..SM- ) ( /^r~ ) JjS.
Landlord's Initials )( ) ' ^ ^ ^ \
Copyrighl©1991-2008. CALIFORNIA ASSOCIATION OF REALTORS®, INC I tWi I
LR REVISED 11/08 (PAGE 5 OF 6) Reviewed by Date touwHouwc
' I OPPORTUNITY
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 5 OF 6)
2806 Center Lane
Premises: Antioch, CA 94509 Dafe: June 29, 2011
46. 0 INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into fhe following language:
• . Landlord and Tenant acknowledge receipf of
the attached interpretor/translator agreement ( C A . R . Form ITA).
47. FOREIGN LANGUAGE NEGOTIATION: If this Agreemenf has been negotiated by Landlord and Tenant primarily in Spanish.
Chinese. Tagalog, Korean or Vietnamese, pursuant fo fhe California Civil Code Tenant shall be provided a translation of this
Agreement in the language used for the negotiation.
48. OWNER COMPENSATION TO BROKER: Upon execution of this Agreemenf, Owner agrees to pay compensation fo Broker as
specified in a separate written agreement between Owner and Broker ( C A . R . Form LCA).
49. RECEIPT: If specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds.
Landlord and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify
representations made by others; (c) cannot provide legal or tax advice; (d) will nof provide other advice or informafion that exceeds
the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are nof also acting as
Landlord in this Agreement, Brokers: (e) do nof decide what rental rate a Tenant should pay or Landlord should accept; and (f) do
not decide upon fhe length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance and other
desired assistance from appropriate professionals.
Tenant agrees to rent thfe Prei^ises o n t h a above terms a n d c o n d i t i o n s .
Tenant-^--^:!!^-^^^'^^^'"'"^ /V Terry igichards, Justine Rin Date
Addressi^^ v city State
Telephone.— Fax E-mail.
Tenant CJIMM^ & Gina Caudle Date '~? J "201/
Address Cify State ' t\b
Telephone Fax E-mail
0 GUARANTEE: In consideration of the execution of fhis Agreemenf by and between Landlord 'and Tenant and for valuable
consideration, receipt of which is hereby acknowledged, fhe undersigned ("Guarantor") does hereby: (i) guarantee
unconditionally to Landlord and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that
become due pursuant to fhis Agreement, including any and all court costs and attorney fees included in enforcing Ihe Agreement;
(ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii)
waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this
Agreemenf before seeking fo enforce fhis Guarantee.
Guarantor (Print Name)
Guarantor . Dafe
Address City State Zip
Telephone Fax E-mail
LandlorcJ^^graes to rentJtRe P/^wtsesptJrhthe a b o v e terms a n d ^ o n d i t i o j ^ . ^
\.and\oxd'y^:Z^ f^^zO^i ^ ^ T L ^
^bnard P u r c e l l Y ^jfi/^y^ „ ^^^^"/^ Paula Puree
Address
Telephone
REAL ESTATE BROKERS:
A. Real estate brokers who are not also Landlord under this Agreement are not parties to fhe Agreement between Landlord and
Tenant.
B. Agency relationships are confirmed in paragraph 44.
C. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating
Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the
Property is offered for sale or a reciprocal MLS; or (ii) Q ( i f checked) the amounl specified in a separate written agreement
between Listing Broker and Cooperating Broker.
Real Estate Broker (Listing Firm) First^ea^y / Pryor & Associates DRE Lie. #00789148
By (Agent) '^^^^^^^V^f^rij^-^ ^ warJc prvor DRE Lie. #007a5i4g Dafe ^/(J:zc3(,
Address 2 3 2 1 B u c h a n a n Road / ^ - city A n t i o c h State CA 2^iD 34509
Telephone ( 9 2 5 ) 7 5 4 - 7 0 0 0 Fax ( 9 2 5 ) 7 7 8 - 2 0 1 5 E-mail MarJc@MarA:Pryor. com
Real Estate Broker (Leasing Firm)^gJ^Fgt R e A l t y / Pryor & Associates DRE Uc. # 0 0 3 9 7 i o g
By (Agent) ^-0^ ' ^ ^ S / M
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT;
Preview
TERRY RJCHARDS 2715 Wildflower Drive Antioch, CA 94531 Telephone (925)408-9895 Defendant IN PRO PER SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 ASHLEY M. NAGHASH, CaseNo. 34-2011-00113923 12 Plaintiff, REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT AND DEFAULT 13 JUDGMENT; SUPPORTING vs. DECLARATION OF TERRY RICHARDS 14 BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, et. al Date: December 18,2013 15 Time: 9:00 a.m. Defendants. Dept: 54 16 17 18 Defendant, TERRY RICHARDS, hereby replies to Plaintiffs Opposition to his motion 19 for an order setting aside the default (and default judgment if any) entered against him on May 20 31. 2013 as follovvs: 21 22 23 24 25 REPLY 473 MOTION - 1 DECLARATION OF TERRY RICHARDS 1, TERRY RICHARDS, declare: 1. 1 am the named defendant in this action against whom a default vvas entered. The 4 facts stated below are of my own personal knowledge, and if called upon to testify, 1 could and 5 vvould competently testify thereto. 6 2. Attached are documents evidencing where I was living at the time service of the 7 summons and complaint had been attempted on me at my mother's house. At no time was 1 8 evading service. 9 I declare under penalty of perjury that the foregoing is true and correct, and that this 10 declaration was executed this \\ day of December 2013, at 'Sft-c^r<\Me.rvVt) . California. 11 12 ^ TERRY RICHARDS 15 16 17 18 19 20 21 22 23 24 25 473 MOTION C A L I F O R N I A RESIDENTIAL LEASE OR ASSOCIATION MONTH-TO-MONTH RENTAL AGREEMENT .. OF R E A L T O R S * (CA.R. Form LR, Revised 11/08) Date 06/29/2011 Leonard Purcell, Paula Purcell ("Landlord") and Terry Ricliards, Justine Rin, & Gina Caudle ("Tenant") agree as follows: 1.PROPERTY: A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: PSOC Centpr Lane. Antioch CA 94509 ("Premises"). B. The Premises are for the sole use as a personal residence by the following named person(s)only: T e r r y j ; i c h a r d s . Justine Rin, & Gina Caudle and ons minor child ^Joshua Rictiards) C. The following personal property, maintained pursuant lo paragraph 11, is included: r e f r i g e r a t o r , c l o t h e s w a s h e r a n d d r y e r or L J (if checked) the personal property on the attached addendum. TERM: The term begins on (date) J u l y 7. 2 0 1 1 ("Commencement Date"), (Chock A or B): O A. Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. 0 B. Lease: and shall terminate on (date) Jung 3 0 . 2012 at i i :59 • AM/ 0 PM. Tenant shall vacate the Premises upon termination of the Agreemenl. unless; (i) Landlord and Tenant have extended (his agreemenl in writing or signed a new agreement; (il) mandated by local rent control law; or (III) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force and effect. RENT: "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms ofthe Agreement, except security deposit. A. Tenant agrees lo pay S 1 . 2 7 5 . 00 per monlh for the lerm of the Agreement. B. Rent is payable in advance on the 1st (or Q ) day of each calendar month, and is delinquent on the next day. C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month's Rent in advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period. D. PAYMENT: Rent shall be paid by 0 personal check, 0 money order, 0 cashier's check, or • other , to (name) f i r s t i ^ e a l t y / P r y o r & A s s o c i a t e s fohnne^ ( 9 2 5 ) 7 5 4 - 7 0 0 0 at (address) 2321 Buchanan R o a d , A n t i o c h . Ca 94 509 • (or at any olher location subsequently specified by Landlord in writing lo Tenant) (and 0 if checked, rent may be paid personally between the hours of 9 : 0 0 AM and 5 : 0 0 PM on the following days d a i l y ). If any paymenls is returned for non-sufficient funds ("NSF") or because lenanl stops payment, then, after that: (i) Landlord may. In writing, require Tenant lo pay Rent in cash for three months and (ii) all future Rent shall be paid b y D money order, or [x] cashier's check. SECURITY DEPOSIT: A. Tenant agrees to pay $ 2 , 0 7 5 . 00 as a security deposit. Securily deposit will be 0 transferred lo and held by the Owner ofthe Premises, or 0 h e l d in Owner's Broker's trust accouni. B All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenant's default in payment of Rent (which includes Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (ill) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposii is used during the tenancy. Tenant agrees to reinstate the total security deposit within five days after writien noiice is delivered to Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amounl of any security deposit received and the basis for ils disposition and supporting documenlalion as required by California Civil Code § 1950.5(g): and (2) return any remaining portion of the securily deposit lo Tenant. C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned by check shall be made out to all Tenants named on this Agreement, or as subsequently modified. D. No interesl will be paid on security deposit unless required by local law. E. If Ihe security deposii is held by Owner, Tenant agrees not lo hold Broker responsible for its return. If the security deposit is held in Owner's Broker's trust account, and Broker's authority is terminated before expiration of this Agreement, and security deposii is released to someone other than Tenant, then Broker shall notify Tenant, in writing, where and lo whom securily deposii has been released. Once Tenant has been provided such notice, Tenant agrees not lo hold Broker responsible for the security deposit. 5. MOVE-IN COSTS^ECEIVED/DUE: Move-in funds made pa_yable aval to First Realty / Pryor & Associates 0 cashier's check. Category Total Due Payment Received Balance Due Date Due Rent from 0 7 / 0 7 / 2 0 1 1 to 0 7 / 3 1 / 2 0 1 1 (date) $1.062.50 $545.00 $117.50 07/07/2011 'Security Deposit $2.075.00 $2,075.00 07/07/2011 Other Other Total $3,137.50 $3,020.00 $117.50 07/07/2011 "The maximum amount Landlord may receive as security deposit, however designated, cannot exceed two months'Rent nths: Re for unfurnished premises, or three months' Rent for furnished premises. Tenant's Initials' ( The copyright laws of the United States (Title 17 U.S. Code) (ortjid the unauthorized reprcxluction of this fomn, or any portion thereof, by photocopy machine or any other Landlord's Initials ( means, including facsimile or computerized formats. Copyright O 1991-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESEf^VED. Reviewed by . [tlUAlHOUS«C LR REVISED 11/08 (PAGE 1 OF 6) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 1 OF 6) Agent: Mark Pryor Phone:925-754-7000 Fax:925-778-2015 Prepared using zipForm® software Broker: First Realty / Pryor & Associates 2321 Buchanan Rd Antioch, CA 94509 A W W W b. C A Premises: Antioch, CA 54509 ^ Date: June 29, 2011 6. L A T E C H A R G E ; R E T U R N E D C H E C K S : A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 (or D ) calendar days after fhe date due, or if a check is returned. Tenant shall pay to Landlord, respectively, an additional sum of $ or 5 . OOP % of the Rent due as a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check, either or both of which shall be deemed additional Rent. B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 or prevent Landlord from exercising any other rights and remedies under this Agreement and as provided by law. 7. PARKING: (Check A or B) 0 A. Parking is permitted as follows: o n l y i n d r i v e w a y , g a r a g e o r a y a i l a J b l e s t r e e t p a r k : i n g The right to parking [x] is Q] is nof included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the parking rental fee shall be an additional $ per month. Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted in parking space(s) or elsewhere on the Premises. OR D B. Parking is not permitted on the Premises. 8. STORAGE: (Check A or B) 0 A. Storage is permitted as follows: o n l y i n s i d e t h e p r o p e r t y o r i n s i d e t h e g a r a g e The right fo storage space 0 i s , Q is not, included in the Rent charged pursuant to paragraph 3. If not included in the Rent, storage space fee shall be an additional $ per month. Tenant shall store only personal property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, or illegal substances. OR • B. Storage is not permitted on the Premises. 9. UTILITIES: Tenant agrees to pay for all utilities and sen/ices, and the following charges: N/A except , which shall be paid for by Landlord. If any utilities are not separately metered. Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered. Tenant shall place utilities in Tenant's name as of the Commencement Date. Landlord is only responsible for installing and maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from existing utilities service provider. 10. CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fixtures, including smoke detector(s). S heck all that apply:) A. Tenant acknowledges these items are clean and in operable condition, with the following excepfions: • B. Tenant's acknowledgment of the condition of these items is contained in an attached statement of condition (CA.R. Form ^ MIMO). r-i • C. Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 (or LJ ) days after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the Premises. 0 D. Other: as p e r s u p p l e m e n t a l Addendum p a r a g r a p h §6 • 11. MAINTENANCE: A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and fhe Premises clean, sanitary and well ventilated. Tenant shall be responsible for checking and maintaining all smoke defectors and any addifional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to Premises as a result of failure fo report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines. B. 0 Landlord 0 Tenant shall water the garden, landscaping, trees and shrubs, except: C. • Landlord 0 Tenant shall maintain the garden, landscaping, frees and shrubs, except: l a n d l o r d s h a l l p r o y i d e a gardener , , • D. 0 Landlord 0 Tenant shall maintain . • E. Tenant's failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform such maintenance and charge Tenant to cover the cost of such maintenance. F. The following items of personal property are included in the Premises without warranty and Landlord will nol maintain, riepair or replace them: refrlaerat-.or. clothns washer and drver Tenant's Initials (' Landlord's Initials ( Copyright© 1991-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed by Dale> I [OUAIHOUSM OPPOHTUMIIV LR REVISED 11/08 (PAGE 2 OF 6) R E S I D E N T I A L L E A S E O R M O N T H - T O - M O N T H R E N T A L A G R E E M E N T ( L R P A G E 2 O F 6) 2806 Center Lane Pren>*ses: Antioch, CA 94509 Date: June 29. 2011 1.2. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or other technology services and installations, proximity to commercial, industrial or agricultural acfivities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions and influences of significance fo certain cultures and/or religions, and personal needs, requirements and preferences of Tenant. 13. PETS: Unless otherwise provided in California Civil Code § 54.2. no animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except: w/A . 14. 0 (If checked) NO SMOKING: No smoking is allowed on the Premises. If smoking does occur on the Premises, (i) Tenant is responsible for all damage caused by the smoking including, but not limited to, stains, burns, odors and removal of debris; (ii) Tenant is in breach of fhis Agreemenf; (Ili) Tenant, Authorized Guests, and all others may be required to leave fhe Premises; and (iv) Tenant acknowledges that in order to remove odor caused by smoking. Landlord may need fo replace carpet and drapes and paint entire Premises regardless of when these items were last cleaned or replaced. Such actions and other necessary steps will impact the return of any security deposit. 15. RULES/REGULATIONS: A. Tenant agrees fo comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere with other tenants of the building or neighbors, or use fhe Premises for any unlav\rful purposes, including, but not limited fo, using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a waste or nuisance on or about fhe Premises. B. (If applicable, check one) B 1. Landlord shall provide Tenant with a copy of fhe rules and regulations within days or 2. Tenant has been provided with, and acknowledges receipf of, a copy of fhe rules and regulations. 16. • ( I f checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT: . A. The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners' association ("HOA"). The name of the HOA is . Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions. Landlord shall provide Tenant copies of rules and regulations, if any. Tenant shall reimburse Landlord for any fines or charges imposed by HOA or other authorifies, due to any violation by Tenant, or fhe guests or licensees of Tenant. B. (Check one) • 1. Landlord shall provide Tenant with a copy of the HOA rules and regulations within days or . OR []] 2. Tenant has been provided with, and acknowledges receipt of, a copy of fhe HOA rules and regulations. 17. ALTERATIONS; REPAIRS: Unless otherwise specified by law or paragraph 29C, without Landlord's prior written consent, (i) Tenant shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant shall nof deduct from Rent fhe costs of any repairs, alterations or improvements; and (iv) any deducfion made by Tenant shall be considered unpaid Rent. 18. KEYS; LOCKS: A. Tenant acknowledges receipf of (or Tenant will receive [x] prior to the Commencement Date, or Q ): 0 1 key(s) to Premises, 0 ' i remote control device(s) for garage door/gate opener(s), • key(s) fo mailbox, • Q key(s) to common area(s), • B. Tenant acknowledges that locks to the Premises 0 have, 0 have not, been re-keyed. C. If Tenant re-keys existing locks or opening devices. Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by Tenant. 19. ENTRY: A. Tenant shall make Premises available fo Landlord or Landlord's representative for fhe purpose of entering to make necessary or agreed repairs, decorations, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospecfive or actual purchasers, tenants, mortgagees, lenders, appraisers, or confractors. B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows: 48-hour written nofice is required fo conduct an inspection of the Premises prior fo the Tenant moving out, unless fhe Tenant waives the right to such nofice. Notice may be given orally to show the Premises fo actual or prospective purchasers provided Tenant has been notified in writing within 120 days preceding the oral notice that the Premises are for sale and that oral nofice may be given fo show the Premises. No nofice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents at the time of entry or (iii) if fhe Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of fhe oral agreement. C. E] (If checked) Tenant authorizes the use of a keysafe/lockbox fo allow entry into the Premises and agrees to sign a keysafe/lockbox addendum (CA.R. Form KLA). 20. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises. 21. ASSIGNMENT; SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer fhis Agreemenf or any interest in it, without Landlord's prior written consent. Unless such consent is obtained, any. assignment, transfer or subletting of Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Landlord, Tenant's Initials ( Landlord's Initials ( Copyright © 1991-2008. CALIFORNIA ASSOCIATION OF REALTORS®. INC. Reviewed bv *' Date r™" HOUSMC LR REVISED 11/08 (PAGE 3 OF 6) RESIDENTIAL L E A S E OR MONTH-TO-MONTH RENTAL A G R E E M E N T (LR P A G E 3 OF 6) 2806 Center Lane Premises: Antioch, CA 94509 Date: June 29, 2011 'terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit information for Landlord's approval and, if approved, sign a separate written agreemenf with Landlord and Tenant. Landlord's consent to any one assignment, transfer or sublease, shall nof be consfrued as consent to any subsequent assignment, transfer or sublease and does not release Tenant of Tenant's obligafions under this Agreement. 22. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the performance of all obligations of Tenant under fhis Agreemenf, jointly with every other Tenant, and individually, whether or not in possession. 23. 0 LEAD-BASED PAINT (If checked): Premises was constructed prior to 1978. In accordance with federal law. Landlord gives and Tenant acknowledges receipt of the disclosures on the attached form (CA.R. Form FLD) and a federally approved lead pamphlet. 24. 0 MILITARY ORDNANCE DISCLOSURE: (If applicable and known to Landlord) Premises is located within one mile of an area once used for military training, and may contain potentially explosive munitions. 25. 0 PERIODIC PEST CONTROL: Landlord has entered into a contract for periodic pest control treatment of the Premises and shall give Tenant a copy of the notice originally given to Landlord by the pest control company. 26. 0 METHAMPHETAMINE CONTAMINATION: Prior to signing this Agreemenf, Landlord has given Tenant a notice that a health official has issued an order prohibiting occupancy of fhe property because of methamphetamine contamination. A copy of the notice and order are attached. 27. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Secfion 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 Jusfice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either fhe address af which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are required to check this website. If Tenant wants further information. Tenant should obtain information directly from this website.) 28. POSSESSION: A. Tenant is not in possession of the premises. If Landlord is unable fo deliver possession of Premises on Commencement Date, such Date shall be extended to the date on which possession is made available fo Tenant. If Landlord is unable to deliver possession within 5 (or 0 ) calendar days after agreed Commencement Date, Tenant may terminate fhis Agreement by giving written nofice fo Landlord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated when Tenant has returned all keys fo fhe Premises fo Landlord. B. 0 Tenant is already in possession of the Premises. 29. TENANT'S OBLIGATIONS UPON VACATING PREMISES: A. Upon termination of this Agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate and surrender Premises to Landlord, empty of all persons; (iii) vacate any/all parking and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Landlord in the same condition as referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) B. All alterations/improvements made by or caused to be made by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was in prior to any alterations/improvements. C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of a tenancy (CA.R. Form NTT), or before the end of a lease. Tenant has the right to requesl that an inspection of the Premises take place prior to terminafion of fhe lease or rental (CA.R. Form NRI). If Tenant requests such an inspection. Tenant shall be given an opportunity to remedy identified deficiencies prior fo termination, consistent with the terms of this Agreemenl. (ii) Any repairs or alterations made fo fhe Premises as a result of this inspection (collectively. "Repairs") shall be made at Tenant's expense. Repairs may be performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work shall comply with applicable law, including governmental permit, inspection and approval requiremenls. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible, (iii) Tenant shall: (a) obtain receipts for Repairs performed by others; (b) prepare a written statement indicating fhe Repairs performed by Tenant and the dafe of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 29C does not apply when fhe tenancy is terminated pursuant to California Code of Civil Procedure § 1161 (2), (3) or (4). 30. BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 29, in the event of termination by Tenant prior to completion of the original term of the Agreemenf, Tenant shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withhold any such amounts from Tenant's security deposit. 3 1 . TEMPORARY RELOCATION: Subject fo local law. Tenant agrees, upon demand of Landlord, fo temporarily vacate Premises for a reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to Premises. Tenant agrees to comply with all instructions and requirements necessary fo prepare Premises fo accommodate pest control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables. Tenant shall only be entitled to a credit of Rent equal fo fhe per diem Rent for the period of time Tenant is required to vacate Premises. 32. DAMAGE TO PREMISES: If' by no fault of Tenant. Premises are totally or partially damaged or desfroyed by fire, earthquake, accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice. Rent shall be abated as of fhe dafe Premises become totally or partially uninhabitable. The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreemenf is not terminated. Landlord shall prompfly repair fhe damage, and Rent shall be reduced based on fhe extent fo which fhe damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of terminafion, and no reduction in Rent shall be made. 33. INSURANCE: Tenant's or guest's personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA, against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any oyier cause. Tenant is Tenant's Initials ( . Landlord's Initials ( Copyright© 1991-2008, CALIFORNIA ASSOCIATION OF REALTORS®, INC. LR REVISED 11/08 (PAGE 4 OF 6) opposiuKiir R E S I D E N T I A L L E A S E O R M O N T H - T O - M O N T H R E N T A L A G R E E M E N T ( L R P A G E 4 O F 6) Premises: Antioch, CA 94509 Date: June 29, 2011 advised to carry Tenant's o w n i n s u r a n c e (renter's insurance) t o protect Tenant f r o m any s u c h loss o r damage. Tenant shall comply with any requirement imposed on Tenant by Landlord's insurer to avoid: (i) an increase in Landlord's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. 34. WATERBEDS: Tenant shall not use or have waterbeds on fhe Premises unless: (i) Tenant obtains a valid waferbed insurance policy; (li) Tenant increases the securify deposit in an amount equal to one-half of one month's Rent; and (iii) the bed conforms fo the floor load capacity of Premises. 35. WAIVER: The waiver of any breach shall nof be construed as a continuing waiver of the same or any subsequent breach. 36. NOTICE: Notices may be served at fhe following address, or af any other location subsequently designated: Landlord: Leonard and Paula Purcell Tenant: Terry fiichards. Justine Rin First Realty / Pryor & Associates Gina Caudle 2321 Buchanan Road 2806 Center Lane Antioch, Ca 94509 Antioch, Ca 94509 37. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days after its receipt. Failure to comply with fhis requirement shall be deemed Tenant's acknowledgment that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser. 38. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report periodically during fhe tenancy in connecfion with the modification or enforcement of this Agreemenf. Landlord may cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the credit report(s); or (iii) at any fime, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency if Tenant fails to fulfill fhe terms of payment and other obligations under this Agreement. 39. MEDIATION: A. Consistent with paragraphs B and C below. Landlord and Tenant agree to mediate any dispute or claim arising between them out of fhis Agreement, or any resulting transaction, before resorting to court acfion. Mediation fees, if any, shall be divided equally among fhe parties involved. If. for any dispute or claim fo which fhis paragraph applies, any party commences an aclion without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall nof be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. B. The following matters are excluded from mediation: (i) an unlawful detainer acfion; (ii) the filing or enforcement of a mechanic's lien; and (iii) any matter within fhe jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a nofice of pending acfion, for order of attachment, receivership, injunction, or other provisional remedies, shall not consfitute a waiver of the mediation provision. C. Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager ("Broker"), provided Broker shall have agreed to such mediation prior fo, or within a reasonable time after, the dispute or claim is presented to such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this Agreemenf. 40. ATTORNEY FEES: In any action or proceeding arising out of fhis Agreemenf. the prevailing party between Landlord and Tenant shall be enfitled fo reasonable attorney fees and costs, except as provided in paragraph 39A. 41. C A . R . FORM: C A . R . Form means the specific form referenced or another comparable form agreed to by the parties. 42. OTHER TERMS AND CONDITIONS; SUPPLEMENTS: • InlerpreterrTranslalor Agreement (CA.R. Form ITA); B Kevsafe/Lockbox Addendum (CA.R.Form KLA): B Lead-Based Paint and Lead-Based Paint Hazards Disclosure (CA.R. Form FLD) The following ATTACHED supplements are incorporated in this Agreement: 1.) Supplemental Addendum dated 06/29/2011; and 2.) Lease Mold and Ventilation Addendum 43. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in fhis Agreemenf. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may nol be contradicted by evidence of any prior agreement or contemporaneous oral agreemenf. If any provision of fhis Agreemenf is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. This Agreemenf is subject fo California landlord-tenant law and shall incorporate all changes required by amendment or successors fo such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall consfitute one and the same writing. 44. A G E N C Y : A. CONFIRMATION: The following agency relafionship(s) are hereby confirmed for this transaction: Listing Agent: (Print firm name) First Realty / Pryor & Associates is the agent of (check one): 0 the Landlord exclusively; or Q both the Landlord and Tenant. Leasing Agent: (Print firm name) F i r s t Realty / Pryor & Associates , (if not same as Listing Agent) is the agent of (check one): 0 t h e Tenant exclusively; or 0 fhe Landlord exclusively; or 0 b o t h fhe Tenant and Landlord. B. DISCLOSURE: n (If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships (CA.R. Form A(5) has been provided to Landlord and Tenant, who each acknowledge its receipt. 45. • TENANT COMPENSATION TO BROKER: Upon execution of this Agreemenf, Tenant agrees to pay compensation to Broker as specified in a separate written agreemenf between Tenant and Broker. ^ nrr\ . Tenant's Initials (..SM- ) ( /^r~ ) JjS. Landlord's Initials )( ) ' ^ ^ ^ \ Copyrighl©1991-2008. CALIFORNIA ASSOCIATION OF REALTORS®, INC I tWi I LR REVISED 11/08 (PAGE 5 OF 6) Reviewed by Date touwHouwc ' I OPPORTUNITY RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 5 OF 6) 2806 Center Lane Premises: Antioch, CA 94509 Dafe: June 29, 2011 46. 0 INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into fhe following language: • . Landlord and Tenant acknowledge receipf of the attached interpretor/translator agreement ( C A . R . Form ITA). 47. FOREIGN LANGUAGE NEGOTIATION: If this Agreemenf has been negotiated by Landlord and Tenant primarily in Spanish. Chinese. Tagalog, Korean or Vietnamese, pursuant fo fhe California Civil Code Tenant shall be provided a translation of this Agreement in the language used for the negotiation. 48. OWNER COMPENSATION TO BROKER: Upon execution of this Agreemenf, Owner agrees to pay compensation fo Broker as specified in a separate written agreement between Owner and Broker ( C A . R . Form LCA). 49. RECEIPT: If specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds. Landlord and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify representations made by others; (c) cannot provide legal or tax advice; (d) will nof provide other advice or informafion that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are nof also acting as Landlord in this Agreement, Brokers: (e) do nof decide what rental rate a Tenant should pay or Landlord should accept; and (f) do not decide upon fhe length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance and other desired assistance from appropriate professionals. Tenant agrees to rent thfe Prei^ises o n t h a above terms a n d c o n d i t i o n s . Tenant-^--^:!!^-^^^'^^^'"'"^ /V Terry igichards, Justine Rin Date Addressi^^ v city State Telephone.— Fax E-mail. Tenant CJIMM^ & Gina Caudle Date '~? J "201/ Address Cify State ' t\b Telephone Fax E-mail 0 GUARANTEE: In consideration of the execution of fhis Agreemenf by and between Landlord 'and Tenant and for valuable consideration, receipt of which is hereby acknowledged, fhe undersigned ("Guarantor") does hereby: (i) guarantee unconditionally to Landlord and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that become due pursuant to fhis Agreement, including any and all court costs and attorney fees included in enforcing Ihe Agreement; (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii) waive any right to require Landlord and/or Landlord's agents to proceed against Tenant for any default occurring under this Agreemenf before seeking fo enforce fhis Guarantee. Guarantor (Print Name) Guarantor . Dafe Address City State Zip Telephone Fax E-mail LandlorcJ^^graes to rentJtRe P/^wtsesptJrhthe a b o v e terms a n d ^ o n d i t i o j ^ . ^ \.and\oxd'y^:Z^ f^^zO^i ^ ^ T L ^ ^bnard P u r c e l l Y ^jfi/^y^ „ ^^^^"/^ Paula Puree Address Telephone REAL ESTATE BROKERS: A. Real estate brokers who are not also Landlord under this Agreement are not parties to fhe Agreement between Landlord and Tenant. B. Agency relationships are confirmed in paragraph 44. C. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS; or (ii) Q ( i f checked) the amounl specified in a separate written agreement between Listing Broker and Cooperating Broker. Real Estate Broker (Listing Firm) First^ea^y / Pryor & Associates DRE Lie. #00789148 By (Agent) '^^^^^^^V^f^rij^-^ ^ warJc prvor DRE Lie. #007a5i4g Dafe ^/(J:zc3(, Address 2 3 2 1 B u c h a n a n Road / ^ - city A n t i o c h State CA 2^iD 34509 Telephone ( 9 2 5 ) 7 5 4 - 7 0 0 0 Fax ( 9 2 5 ) 7 7 8 - 2 0 1 5 E-mail MarJc@MarA:Pryor. com Real Estate Broker (Leasing Firm)^gJ^Fgt R e A l t y / Pryor & Associates DRE Uc. # 0 0 3 9 7 i o g By (Agent) ^-0^ ' ^ ^ S / M BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT;