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23L6-AC01311
IN THE CIRCUIT COURT OF LINCOLN COUNTY,
STATE OF MISSOURI, ASSOCIATE JUDGE DIVISION
MOSCOW MEADOWS MHP, INC.,
Plaintiff,
vs. Cause No.:
JOHN JAMES HYDE, JR.,
JENNIFER MICHELLE HYDE,
Defendants
Please serve Defendants at:
136 Darla Ct
Moscow Mills, MO 63362
PETITION FOR UNLAWFUL DETAINER
COMES NOW, Plaintiff, Moscow Meadows Mobile Home Park, Inc., by and through Counsel
Justin D. Butler and the law offices of Butler & Tomko, LLC, and in support of its cause of action for
Unlawful Detainer and hereby states to the Court as follows:
1 Plaintiff is a corporation in good standing in the State of Missouri. Plaintiff Moscow
Meadows Mobile Home Park, Inc., is the owner and manager of the property located at 136 Darla Ct,
Moscow Meadows, Missouri 63362.
2 Defendants are individuals residing in Lincoln County, State of Missouri.
3. The premises known as 136 Darla Ct, Moscow Mills, Missouri 63362, was leased to
Defendants by written lease, a copy of which is attached hereto as Exhibit “1” and incorporated herein
by this reference.
4. Pursuant to said Lease, Defendants were to pay an amount of $235.00 per month in
rent, $50.00 per month if rent not paid by the first day of the next month, plus attorney’s fees and court
costs.
5 Defendants have failed and refused to pay the full amount of past due rent and late fees
with an amount of $364.15 in rent and late fees being past due and payable as of December 27, 2023.
5 On or about October 20, 2023, Plaintiff served Defendants with a Notice Terminating
Tenancy requiring Defendants to vacate the premises on or before December 20, 2023, a copy of which
is attached hereto as Exhibit “2” and incorporated herein by this reference.
6 Defendants have failed and refused to vacate the premises.
7. Defendants, willfully and without force, are holding over possession of the premises
known as 136 Darla Ct, Moscow Mills, Missouri 63362, after the termination of the time for which the
premises was demised or let to them, and after demand was made, in ‘writing, for the delivery of the
possession of the premises.
8. Plaintiff is entitled to possession of its premises.
9. Plaintiff is entitled to double fair market value rent from December 20, 2023, until
Defendants vacate the premises; fair market value rent for the premises is no less than $235.00 per
month.
10. Plaintiff has and will continue to incur attorney’s fees and court costs in prosecuting
this cause of action.
WHEREFORE, Plaintiff prays for judgment that possession of said premises be restored to
Plaintiff by Defendants; for double fair market value rent until the premises are vacated; for attorney’s
fees incurred herein; and for such further relief as the Court deems just and proper under the
circumstances.
BUTLER & TOMKO, LLC
/s/ Justin Butler
JUSTIN D. BUTLER, #52829
191 North Lincoln Drive
Troy, MO 63379
Phone: (636) 462-1373
Fax: (866) 344-1442
justin@butlertomko.com
LANDLORD’S AFFIDAVIT
STATE OF MISSOURI )
) ss.
COUNTY OF LINCOLN )
Ronda Butler, of lawful age, being first duly sworn, states that she is an agent of the
Plaintiff in the foregoing Petition and that she has personal knowledge that the facts stated
therein are true.
Lindo.)7 [ dl.
Ronda Butler,
Moscow Meadows Mobile Home Park
Subscribed and sworn to before me this Biss of | eceM her
2078.
Notary Public
MABALYN MARIE CLAYTON
Notary Public - Notary Seal
STATE OF MISSOURI
St Charles County
My Commission Expires October 10, 2026
Commission # 22703399
Holtien
Moscow Meadows Mobile Home Park
P.O. Box 316
Troy,
MO. 63379
For Mobite Home Lot
THIS LEASE made and entered Into this,1__Ast_ day of _Décéihber 2020; by and between
Mobile Horie Park, hereinafter called LESSOR and t hereinafter called LESSEE,
WITINESSETH, that the LESSOR, for and In consideration of the rents, covenants and agreements
hereinafter mentioned and hereby agreed to be pald, kept and performed by LESSEE, has leased
and by the
presents does lease to LESSEE the mobile home lot in the City of Moscow Mills, County
of Uncoln and the State of
Missouri, and being more particularly described, to wit:
436.DarlacT __
Moscow Mills: MO, 63362
Aka,
HVIMIO9A
Lot
For the mobile home !dentified as:
a
On the following conditions:
1. Lasso Gnd Month to Menti: This tease shall commence on _Decarnb Ast, 2020
orand end a
2024 upon completion of term this agreement shall extend on a month-to-m onth basis unless terminated
by Lessor or Lessee, in writing, by giving notice to the other party, thirty (30) days in advance
of the next
rentpay date.
Rent shall be the sum of Iwo Hundred Pirty-Fis aD ia
isang n 00 (5233.00) per month. Ali future
rent, in the full amount, 's due on the twentlath day of each month and must be pald without
demand. This Lease Agreament is subject to ail park wide rent Increases,
Lessee to receive a move-In Incentive of N/A. Sald Incentive to be pay pald in the
oan late check or applied to future lot rent at Lessee’s discretion. Sald incentive
requires a
lease agreement of a minimum of three years,
Pro-Rate: The first month's rent will be credited for proration as follows: __N/A days at _Seven Dollars
per day, totaling, _ This amount Is due and
payable for the time periodof, amount will ba due at time of signing. All
Payments thereafter shall be the full rent amount and shall be due and paya
on theble
twentieth (20%)
day of each month
Rent Is due on the twentieth (20") day of each month, ifrent is not pald by first day of the following
month a ‘ tate fee will be applied and shall continue belng appited each month until
which time the account ts brought eurent. At 30 days delinquent an eviction notice will be served and
an additional 0; ne Hundred Bollars
lars-and nofag ($400.09) will be added to the account for legal
preparation and service fees. Fallure account current within 30 days of service will result in
legal sction, At which time, the court may find LESSOR responsible for all associated legal fees and
court costs.
EXHIBIT
|
2. esfommencesbanosits Lessee shall pay a Performance Deposit In the amountof: “Fohundreedewantvive
-Pald as follows:
Paid anuare3a" 2073,
Said deposit shall be held by Lessor, without interest, as a security for the falthful performance by the
Lessee of all the terms, covenants and conditions of the Lease by Lessee, and upon their falthful
performance shail be returned upon termination of the lease agreement. It Is understood and agreed that a
single violation shall be good cause for termination of this agreement. Unless otherwise provided by law,
proof of violation shall not require criminal conviction, but shall be by a prepongerance of the evidence.
Upon faithful performance and written notification of termination of the lease agreement, Lessee shall
present to Lessor “Pald, Account Closed” receipts for all utility companies that provide service at sald
residence prior
to the deposit bel gaint
nt m th ith of'ren
3. i Lessee shall pay the sum of __N/A___which Is currently due for back lot rent, Sald amount
shallt be pald at time of signing. This amount will be considered payment in full on the past due balance.
Gccupants: Lessee shall occupy and/or use the leased premises for a residence. The premises cannot be
sub-leased or used asa rental property. Occupancy's limited to the individuals herein named and their
immediate children. Anyone “visiting” In the household Is limited to 3 two week consecutive visit, Anyone
staying longer or on a regular basis must submit an application and all required documentation for park
approval.
5.
To pay all rents on time and to pay all utility usage and trash removal service on time.
b. Any damage that occurs during the Lessee’s occupancy, such as damage to water or sewer lines,
will be repaired and patd for by Lessee CEU!
That upon default in the payment of any monthly rental payment Lessee will, at the request of the
Lessor, Immediately quit, vacate and surrender sald demised premises to Lessor, and Lessee shall
payto Lessor all monthly rents which are due and payable according to this agreement. Upon
default by Lessee, Lessor may remove all physical possessions and personal property at cost and
expense of Lessee. Lessor shall be entitled to Immediately re-rent the demised premises. If
placed In the hands of en attorney for collection, possession, or any other reason to pay all
reasonable attorney fees, Incurred for the collection of unpaid rentals or possession due In
accordance with the terms of this Agreement.
d, That the Lessor shall have free and unrestricted access to sald demised premises at all reasonable
times for the purpose of examining the condition thereof and making repairs and for 90 days,
before Lessee vacates, for the purpose of showing the propertyto prospective tenants.
e To keep said demised premises In good order and condition and free from any nulsance, trash,
debris, filth, and danger of fire; nor to do anything or allow anything which cause cancellation of
owner's Insurance or rate Increase thereof. Trash or large Items found In the yard or left on the
curb shall be disposed of by the park and an additional ‘one
Hundidatlats”ed
($100;00) per Item -
per occurrence shall be added to Lessee’s account.
t Cable/Satellite television must be park approved priorto installation. Satellite dishes must be
mounted on a pole located on the home's actual Iot. All cable and satellite lines must be ran
under the skirting and burled. Lines cannot be visible upon contact with the home. All Installation
drilling Into the home mustbe approved priorto work. Satellite dishes mounted to the roof or
those that are deemed Improperly Installed will be removed at Lessee’s expense.
& All room additions or renovations visible from the exterlor of the home must be park approved
prior to onset of work.
That alterations, repairs, or improvements will not be made without Lessor's written consent and
that it shall become part of the demised premises and may not be removed.
{5 Lessee further agrees to maintain yard including regular mowing of the grass, trimming of all vines,
bushes and matntenance of flowerbeds to a standard and appearance consistent with the
neighboring properties. Fallur to edo so will result in the park manage! ment performing su ich tasks
as s mowing, weed eating, trimming, The fee for such performancets se eyenty-fiy ‘
nétocuttence. Snow removal on sidewalks and driveways Is the responsibility of the Lessee.
b Lessee agrees not to park on the yard any type of vehicle Including boats
allow guests to do the same. Hfany vehicle Is found parked In the yard, a or trallers and not tofine
{s immediately due and payable by the Lessee for each such occurrence,
Pets are allowed in the park at the lessor's or Park owner's sole discretion and lessee accepts
all
responsibility as well as labilit
for sald
y pet{s). Pets are limited two pats. Dogs cannot be “bull”
related (pit bull, or any mix thereof), No Vicious or exotic animals of any kind
will be allowed In the
park, By initialingthe below line, Lessee agrees to abide by all park rules, Tegulatfons and city/state
4
ee ang ‘8S well as to accept full responsibilty and/or liability regarding pat ownership: Pets:
NO,
Lessee agrees that all musical Instruments, stereos, TN, or recording devices will not be played ina
loud manneror ina manner disturbing nelghbor,
m To take care not to permit anything, Including feminine hygiene products and wet wipes, to
enter
drains or sinks, showers, tubs, cr stools which would stop drainage flow; however, If such should
occur and require meee Lessee shall pay the cost of same services when It occurs.
Lessee agrees, by occupancy, that they have inspected this property and found ftto be dean, In
acceptable condition, in good repair and free of all Insects and rodents. If Lessee desiresto
have
property sprayed for insectsor rodents after moving Ih, they will do so at thelr own expense,
by a
Ilcensed exterminator,
This Is a monthly term agreement. Should Lessee vacate prior
to the end of this term, they will
owe rent for the remaining months of the term.
5.
Checkered ue A ‘t E Insufficient funds charge will be assessed to Lessee for each
‘to Insufficlent funds or for any other reason. Retumed checks must be pald with a
cashfer’s check or money order, and future rent payments after that must be made by a money order,
6. nsurance: Lessor does ni ‘ot provide insurance for Lessee’s personal property. Lessee should purehase
Insurance to cover thelr property, liability and to cover damages done to lessor's property. A copy of the
Insurance binder should be provided to LESSOR.
a
7 ; Lessee grants to Lessor Right of First Refusal to purchase Lessee’s mobile home. if
loenostecches bona fide offer to purchase sald mobile home, a copy of the offer (Including all terms end
conditions whether written or oral) must be submitted to Lessor who shall have five (5) business days to
meet and agree to sald terms and conditions, Lessor Is to Inform the third party buyer herein known as
{Buyer) of Lessor’s Right of First Refusal at time of offer. Lessor than has ‘the right to purchase the mobile
home per the terms and conditions as presented by Buyer. At which time, Lessor may agree to purchase
the mobile home as set-forth by the terms and conditions presented by sending (or delivering) written
notice of acceptance within sald five (5) day peried.
8 if Lessor does not send not of ice
acceptance, tenantIs then freeto sell the mobile hometo Buyer. In such
case, If there are any modifications or changes to the contract with Buyer: If Buyer falls to purchase
sald
mobile home; of, If the title Is not transferred, then Lessee will repeat the foregoing procedure to
give
Lessor the right to meet any and all agreements as modifled or changed, as well as the terms of all
subsequent offers, Lessee furthermore agrees that should they choose to move the mobile home from
Its
current location for any reason they will not sell the home for a period of no less than six (6)
months from
the time of move,
9. Dru
fre Housine:
g A, Lessee, any members of Lessee’s household, Or a guest or other person under the
Lessee’s control shat! not engage In criminal activity, including criminal activity, on or near premises. “Drug
related criminal activity” means the Iilegal manufacture, sala, use or possession ofa controlled substance
(As defined In section 102
Lessee's household, ora
of the Controlled Substance Act (21 U.S.C,
802}. 8. Lesor see
lest or other person under the Lessee’s co! ntrot any member ofthe
Nn oF near premises. members of the household
will
=
rilet} for, b fat iY, including drug-related criminal
ctivity, regardless of wheth er the individ engagl ng n such activityts
a member of the household ora
guest. D, Lessee or mambers of the household will aot engage In the manufacture, sale or distribution of
Illegal drugs at any location, whether on or near premises or otherwise. E.
Lessee, a member the
household, or a guest or other person under the Lessee’s control
inctuding,
but not limited to; ATi AL Vio ON FT
AND TERMIt
10. Eviction: Failure on the part of the Lessee to pay any Installment or rent or other sum
when due, or within
ten (10} days thereafter, or fallur
of ethe Lessee promptly and faithfullyto keep and perform each and
very covenant, agreement and stipulation herein on the part of this Lease. Posse
ssion
of the within
entitled to and may take Immediate possession of the demised Premises, any other notice cr demand being
hereby waived. But itis hereby understood, and Lessee hereby covenants with the Lessor, that
such
forfeiture, annulment or avoidance shall not relleve the Lessee from tha obligation of the Lessee
to make
the paymofents
rent herein above reseatrved
the times and tn the manner aforesald; and In case of any
such defaultof the Lessee, the Lessor may re-let sald premises as the agent for and In the name of the
Lessee at eny rental readily cbtalnable applying the proceeds and avalls ‘thereof, first in the
payment of
‘such expense as the Lassor may be put to In re-entering, and then to the payment of sald rent as the same
may from time to time become due, and toward the fulfitim jent of the other covenants and agreements
of
the Lessee herein contained, and the balance, If any, shall be pald to the Lessee; and the Lessee hereby
covenants and agrees that if the Lessor shall recove or take
r possession of said premises as a foresafd, and
be unable to re-et at the same rent so as to realize as sum equal to the rent hereby reserved, the
Lessee
shall and will pay to the Lessor any and all loss of difference of rent for the residue of the term.
11, Apullances: Lessor and Lessee agreed that the following ‘appliances are supplied with the home and
that
all are In satisfactory condition and working order, Said appliances
will be returned In like condition when
Lessee vacates premises.
@, Oven/stove N/A_ ¢. Refrigerator N/A b. Dishwasher N/A
An “O" Indicates
owned by Lessor
An “L’ indicates
owned by Lessee
12. Legal Service: Any and all notices to be served by the Lessor upon the Lessee for any breach
of covenant
Of this Lease, or otherwise, shall be served upen the Lessee In person, or left with anyone In charge
of the
premises, or posted upon some conspicuous part of the premises.
13, No waiv
or any er
forfeiture, by acceptance of rent or otherwise, shall walve any subsequent caused of
forfelture, or breach of any condition of this Lease,
14. Resldants: Whenever the word “Lessor” Is used heretn, tt shall be construed to include the helt, executors,
administrators, successors, assigns or legal representatives of the Lessor; and the word “Lessee” shall
include heirs, executors, administrators, successors, assigns or legal representatives of the Lessee and the
words Lessor and Lessee shall Include single and plural, Individual or. ‘corporation, subject always to the
restrictions herein contained asto subletting or assignment of the Lease.
»
45. The following individuals are the only Individuals approved and authorized to live In the home,
e emp! of an attomay by Lessor use of the violationof any
provision
of the Lease, to obtalin any sums due and owing hereunder, to obtain possession of demised
premises, to enforce any provisicn of the Lease, or otherwise, Lessee shall pay all such attomey’s fees and
all cost or other expenses incurrad by Lessor in connection therewith, which sums shall be
considered as
additional accrued rent secured heraunder, whether prosecuted to Judgment or not.
16. Vali and dity
Performance: ‘The Invalidity or un-enforceability of any provision of this Lease shail not affect
cr Impalr the validity of any other provision. The laws of the State of Missourl shall gover the valldity,
and enforcement of this Lease,
17. dury.Walvar: Landlord and tenant hereby walve trial by Jury In any action, proceeding
of counterclaim
brought by or of the parties hereto arising out of the lease, the relationsh
of the parties
ip or the tenents’
use of the premises,
18. LESSEE ACKNOWLEDGES READING AND UNDERSTANDING THIS ENTIRE INSTRUME AND NT
THAT LESSOR
HAS MADE NO OTHER REPRESENTATION TO LESSEE OTHER THAN THIS LEASE AND THE PARK
RULES AND
REGULATIONS, WHI ARE CH
ADOPTED HEREIN. LESSEE CERTIFIES HAVING RECEIVED A COPY OF SAID PARK
RULES AND REGULATIONS ON, 23D. (date). These rules and regulations may be
changed AT any time as Park Management deams fit. Sh ould a ule violation be noted, Lessee shall
receive
a “Violation Notice” and tim
f pope he Noted violation. Failure to comply wil! result in the account
belng charged a fiftys 1,0) Rule Violstion Fee,
19, Lessor has a Real Estate license and Is acting as a princlpal party tn this contract,
'N WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written,
This Lease contains five {5) pages.
MM. 4
21.280
wn
.
LESSOR ~ Mascaw Meadows Mobile Home Park
383 RO?
Phone Number
Joh
Jenni
LESSEE
Ker Hy de gee b3b 583 ROD
Phone Number
Affidavit of Service
|, Michael E. Dunard, hereby certify that | have personally
served the Notice to
Tenant to Teiminate Tenancy to Jennifer& John Hyde and others
at 136 Darla Ct
Moscow Mills, MO 63362. This event accrued on the 4th of October 2023
at
2:07pm.
Miohaod: Dube)
Michael E, Dunard
Hometown Process Services LLC
Subscribed and sworn to before me, a Notary Public, on
thesMay of Lok,
2023,
H, HEINLEIN
STATEOF Mi
Notary
tae
Public
q My Commission Expires: duiy 17,
POOP
My Commission expires:
-11-A6
EXHIBIT
_Z
Yoh 2:0 7P%
NOTICE TO TENANT TO TERMINATE TENANCY
ee Before October 20, 2023
ae
Re: 136 Darla £t -Mascaw Millis, MO. 63362 AKA(MM 9A)
To: Joh Jennifer Hyge and/or, Tenants, ET. Al.
From: dows Mobile Home Park., Landlord
count Halt Pre ver Fe urt
ay in fy
As TENANT of the above-described PREMISES, you are hereby reall that LANDLORD
has elected to
terminate your tenancy of the PREMISES effective December 20th, 2623, @ period not less than 60 days
after your next rent paying date and LANDLORD hereby demands that you remove from PREMISES
all
personal belongs and surrender peaceful possession of the PREMISESTO LANDLORD NO LATER
THAN
12:01 a.m. on December 20, 2023.
Your tenancy is being terminated For.Mz pila it hyour @ i yenit which you
signed with Management includingbut jonsp oes r portiqn.of
the rent or. other
financial obligations with repeated failure to pay your Portion of the monthly rent by the first of each
month and stating that the TENANT a rent: oa due and payable to the LANDLORD in the
amount of, a
id Lessor Is terminating the month-to-
month lease,
You are responsible for paying rent until the termination date. If TENAI INT falls to vacate
the PREMISES by
said termination date, LANDLORD fully intends to file an untawful deta
iner action against TENANT and
claims double rent for each day TENANT holds aver after the termination date. Said lawsult
will be
based on the reasons given In oe notice and m: ay =~ ee yo hi ave a and present
ett for 9 wi
fe ensible rn hid'eg nte they
8e advised that you have (10) days from the date you receive this notice to
discuss termination of your
tenancy with LANDLORD by calling 636-745-2232. However, acceptance by LANDLOR
D of any future
rent payment or other lease performance by TENANT shall not be deemed a
withdrawal or ‘walver of this
notice by LANDLORD nora waiver of the rightto file an unlawful detainer ‘action
for possession of the
Premises if you do not vacate by said termination date.
Moscow Meadows Mobile Home Parks
By (A
Preview
23L6-AC01311 IN THE CIRCUIT COURT OF LINCOLN COUNTY, STATE OF MISSOURI, ASSOCIATE JUDGE DIVISION MOSCOW MEADOWS MHP, INC., Plaintiff, vs. Cause No.: JOHN JAMES HYDE, JR., JENNIFER MICHELLE HYDE, Defendants Please serve Defendants at: 136 Darla Ct Moscow Mills, MO 63362 PETITION FOR UNLAWFUL DETAINER COMES NOW, Plaintiff, Moscow Meadows Mobile Home Park, Inc., by and through Counsel Justin D. Butler and the law offices of Butler & Tomko, LLC, and in support of its cause of action for Unlawful Detainer and hereby states to the Court as follows: 1 Plaintiff is a corporation in good standing in the State of Missouri. Plaintiff Moscow Meadows Mobile Home Park, Inc., is the owner and manager of the property located at 136 Darla Ct, Moscow Meadows, Missouri 63362. 2 Defendants are individuals residing in Lincoln County, State of Missouri. 3. The premises known as 136 Darla Ct, Moscow Mills, Missouri 63362, was leased to Defendants by written lease, a copy of which is attached hereto as Exhibit “1” and incorporated herein by this reference. 4. Pursuant to said Lease, Defendants were to pay an amount of $235.00 per month in rent, $50.00 per month if rent not paid by the first day of the next month, plus attorney’s fees and court costs. 5 Defendants have failed and refused to pay the full amount of past due rent and late fees with an amount of $364.15 in rent and late fees being past due and payable as of December 27, 2023. 5 On or about October 20, 2023, Plaintiff served Defendants with a Notice Terminating Tenancy requiring Defendants to vacate the premises on or before December 20, 2023, a copy of which is attached hereto as Exhibit “2” and incorporated herein by this reference. 6 Defendants have failed and refused to vacate the premises. 7. Defendants, willfully and without force, are holding over possession of the premises known as 136 Darla Ct, Moscow Mills, Missouri 63362, after the termination of the time for which the premises was demised or let to them, and after demand was made, in ‘writing, for the delivery of the possession of the premises. 8. Plaintiff is entitled to possession of its premises. 9. Plaintiff is entitled to double fair market value rent from December 20, 2023, until Defendants vacate the premises; fair market value rent for the premises is no less than $235.00 per month. 10. Plaintiff has and will continue to incur attorney’s fees and court costs in prosecuting this cause of action. WHEREFORE, Plaintiff prays for judgment that possession of said premises be restored to Plaintiff by Defendants; for double fair market value rent until the premises are vacated; for attorney’s fees incurred herein; and for such further relief as the Court deems just and proper under the circumstances. BUTLER & TOMKO, LLC /s/ Justin Butler JUSTIN D. BUTLER, #52829 191 North Lincoln Drive Troy, MO 63379 Phone: (636) 462-1373 Fax: (866) 344-1442 justin@butlertomko.com LANDLORD’S AFFIDAVIT STATE OF MISSOURI ) ) ss. COUNTY OF LINCOLN ) Ronda Butler, of lawful age, being first duly sworn, states that she is an agent of the Plaintiff in the foregoing Petition and that she has personal knowledge that the facts stated therein are true. Lindo.)7 [ dl. Ronda Butler, Moscow Meadows Mobile Home Park Subscribed and sworn to before me this Biss of | eceM her 2078. Notary Public MABALYN MARIE CLAYTON Notary Public - Notary Seal STATE OF MISSOURI St Charles County My Commission Expires October 10, 2026 Commission # 22703399 Holtien Moscow Meadows Mobile Home Park P.O. Box 316 Troy, MO. 63379 For Mobite Home Lot THIS LEASE made and entered Into this,1__Ast_ day of _Décéihber 2020; by and between Mobile Horie Park, hereinafter called LESSOR and t hereinafter called LESSEE, WITINESSETH, that the LESSOR, for and In consideration of the rents, covenants and agreements hereinafter mentioned and hereby agreed to be pald, kept and performed by LESSEE, has leased and by the presents does lease to LESSEE the mobile home lot in the City of Moscow Mills, County of Uncoln and the State of Missouri, and being more particularly described, to wit: 436.DarlacT __ Moscow Mills: MO, 63362 Aka, HVIMIO9A Lot For the mobile home !dentified as: a On the following conditions: 1. Lasso Gnd Month to Menti: This tease shall commence on _Decarnb Ast, 2020 orand end a 2024 upon completion of term this agreement shall extend on a month-to-m onth basis unless terminated by Lessor or Lessee, in writing, by giving notice to the other party, thirty (30) days in advance of the next rentpay date. Rent shall be the sum of Iwo Hundred Pirty-Fis aD ia isang n 00 (5233.00) per month. Ali future rent, in the full amount, 's due on the twentlath day of each month and must be pald without demand. This Lease Agreament is subject to ail park wide rent Increases, Lessee to receive a move-In Incentive of N/A. Sald Incentive to be pay pald in the oan late check or applied to future lot rent at Lessee’s discretion. Sald incentive requires a lease agreement of a minimum of three years, Pro-Rate: The first month's rent will be credited for proration as follows: __N/A days at _Seven Dollars per day, totaling, _ This amount Is due and payable for the time periodof, amount will ba due at time of signing. All Payments thereafter shall be the full rent amount and shall be due and paya on theble twentieth (20%) day of each month Rent Is due on the twentieth (20") day of each month, ifrent is not pald by first day of the following month a ‘ tate fee will be applied and shall continue belng appited each month until which time the account ts brought eurent. At 30 days delinquent an eviction notice will be served and an additional 0; ne Hundred Bollars lars-and nofag ($400.09) will be added to the account for legal preparation and service fees. Fallure account current within 30 days of service will result in legal sction, At which time, the court may find LESSOR responsible for all associated legal fees and court costs. EXHIBIT | 2. esfommencesbanosits Lessee shall pay a Performance Deposit In the amountof: “Fohundreedewantvive -Pald as follows: Paid anuare3a" 2073, Said deposit shall be held by Lessor, without interest, as a security for the falthful performance by the Lessee of all the terms, covenants and conditions of the Lease by Lessee, and upon their falthful performance shail be returned upon termination of the lease agreement. It Is understood and agreed that a single violation shall be good cause for termination of this agreement. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a prepongerance of the evidence. Upon faithful performance and written notification of termination of the lease agreement, Lessee shall present to Lessor “Pald, Account Closed” receipts for all utility companies that provide service at sald residence prior to the deposit bel gaint nt m th ith of'ren 3. i Lessee shall pay the sum of __N/A___which Is currently due for back lot rent, Sald amount shallt be pald at time of signing. This amount will be considered payment in full on the past due balance. Gccupants: Lessee shall occupy and/or use the leased premises for a residence. The premises cannot be sub-leased or used asa rental property. Occupancy's limited to the individuals herein named and their immediate children. Anyone “visiting” In the household Is limited to 3 two week consecutive visit, Anyone staying longer or on a regular basis must submit an application and all required documentation for park approval. 5. To pay all rents on time and to pay all utility usage and trash removal service on time. b. Any damage that occurs during the Lessee’s occupancy, such as damage to water or sewer lines, will be repaired and patd for by Lessee CEU! That upon default in the payment of any monthly rental payment Lessee will, at the request of the Lessor, Immediately quit, vacate and surrender sald demised premises to Lessor, and Lessee shall payto Lessor all monthly rents which are due and payable according to this agreement. Upon default by Lessee, Lessor may remove all physical possessions and personal property at cost and expense of Lessee. Lessor shall be entitled to Immediately re-rent the demised premises. If placed In the hands of en attorney for collection, possession, or any other reason to pay all reasonable attorney fees, Incurred for the collection of unpaid rentals or possession due In accordance with the terms of this Agreement. d, That the Lessor shall have free and unrestricted access to sald demised premises at all reasonable times for the purpose of examining the condition thereof and making repairs and for 90 days, before Lessee vacates, for the purpose of showing the propertyto prospective tenants. e To keep said demised premises In good order and condition and free from any nulsance, trash, debris, filth, and danger of fire; nor to do anything or allow anything which cause cancellation of owner's Insurance or rate Increase thereof. Trash or large Items found In the yard or left on the curb shall be disposed of by the park and an additional ‘one Hundidatlats”ed ($100;00) per Item - per occurrence shall be added to Lessee’s account. t Cable/Satellite television must be park approved priorto installation. Satellite dishes must be mounted on a pole located on the home's actual Iot. All cable and satellite lines must be ran under the skirting and burled. Lines cannot be visible upon contact with the home. All Installation drilling Into the home mustbe approved priorto work. Satellite dishes mounted to the roof or those that are deemed Improperly Installed will be removed at Lessee’s expense. & All room additions or renovations visible from the exterlor of the home must be park approved prior to onset of work. That alterations, repairs, or improvements will not be made without Lessor's written consent and that it shall become part of the demised premises and may not be removed. {5 Lessee further agrees to maintain yard including regular mowing of the grass, trimming of all vines, bushes and matntenance of flowerbeds to a standard and appearance consistent with the neighboring properties. Fallur to edo so will result in the park manage! ment performing su ich tasks as s mowing, weed eating, trimming, The fee for such performancets se eyenty-fiy ‘ nétocuttence. Snow removal on sidewalks and driveways Is the responsibility of the Lessee. b Lessee agrees not to park on the yard any type of vehicle Including boats allow guests to do the same. Hfany vehicle Is found parked In the yard, a or trallers and not tofine {s immediately due and payable by the Lessee for each such occurrence, Pets are allowed in the park at the lessor's or Park owner's sole discretion and lessee accepts all responsibility as well as labilit for sald y pet{s). Pets are limited two pats. Dogs cannot be “bull” related (pit bull, or any mix thereof), No Vicious or exotic animals of any kind will be allowed In the park, By initialingthe below line, Lessee agrees to abide by all park rules, Tegulatfons and city/state 4 ee ang ‘8S well as to accept full responsibilty and/or liability regarding pat ownership: Pets: NO, Lessee agrees that all musical Instruments, stereos, TN, or recording devices will not be played ina loud manneror ina manner disturbing nelghbor, m To take care not to permit anything, Including feminine hygiene products and wet wipes, to enter drains or sinks, showers, tubs, cr stools which would stop drainage flow; however, If such should occur and require meee Lessee shall pay the cost of same services when It occurs. Lessee agrees, by occupancy, that they have inspected this property and found ftto be dean, In acceptable condition, in good repair and free of all Insects and rodents. If Lessee desiresto have property sprayed for insectsor rodents after moving Ih, they will do so at thelr own expense, by a Ilcensed exterminator, This Is a monthly term agreement. Should Lessee vacate prior to the end of this term, they will owe rent for the remaining months of the term. 5. Checkered ue A ‘t E Insufficient funds charge will be assessed to Lessee for each ‘to Insufficlent funds or for any other reason. Retumed checks must be pald with a cashfer’s check or money order, and future rent payments after that must be made by a money order, 6. nsurance: Lessor does ni ‘ot provide insurance for Lessee’s personal property. Lessee should purehase Insurance to cover thelr property, liability and to cover damages done to lessor's property. A copy of the Insurance binder should be provided to LESSOR. a 7 ; Lessee grants to Lessor Right of First Refusal to purchase Lessee’s mobile home. if loenostecches bona fide offer to purchase sald mobile home, a copy of the offer (Including all terms end conditions whether written or oral) must be submitted to Lessor who shall have five (5) business days to meet and agree to sald terms and conditions, Lessor Is to Inform the third party buyer herein known as {Buyer) of Lessor’s Right of First Refusal at time of offer. Lessor than has ‘the right to purchase the mobile home per the terms and conditions as presented by Buyer. At which time, Lessor may agree to purchase the mobile home as set-forth by the terms and conditions presented by sending (or delivering) written notice of acceptance within sald five (5) day peried. 8 if Lessor does not send not of ice acceptance, tenantIs then freeto sell the mobile hometo Buyer. In such case, If there are any modifications or changes to the contract with Buyer: If Buyer falls to purchase sald mobile home; of, If the title Is not transferred, then Lessee will repeat the foregoing procedure to give Lessor the right to meet any and all agreements as modifled or changed, as well as the terms of all subsequent offers, Lessee furthermore agrees that should they choose to move the mobile home from Its current location for any reason they will not sell the home for a period of no less than six (6) months from the time of move, 9. Dru fre Housine: g A, Lessee, any members of Lessee’s household, Or a guest or other person under the Lessee’s control shat! not engage In criminal activity, including criminal activity, on or near premises. “Drug related criminal activity” means the Iilegal manufacture, sala, use or possession ofa controlled substance (As defined In section 102 Lessee's household, ora of the Controlled Substance Act (21 U.S.C, 802}. 8. Lesor see lest or other person under the Lessee’s co! ntrot any member ofthe Nn oF near premises. members of the household will = rilet} for, b fat iY, including drug-related criminal ctivity, regardless of wheth er the individ engagl ng n such activityts a member of the household ora guest. D, Lessee or mambers of the household will aot engage In the manufacture, sale or distribution of Illegal drugs at any location, whether on or near premises or otherwise. E. Lessee, a member the household, or a guest or other person under the Lessee’s control inctuding, but not limited to; ATi AL Vio ON FT AND TERMIt 10. Eviction: Failure on the part of the Lessee to pay any Installment or rent or other sum when due, or within ten (10} days thereafter, or fallur of ethe Lessee promptly and faithfullyto keep and perform each and very covenant, agreement and stipulation herein on the part of this Lease. Posse ssion of the within entitled to and may take Immediate possession of the demised Premises, any other notice cr demand being hereby waived. But itis hereby understood, and Lessee hereby covenants with the Lessor, that such forfeiture, annulment or avoidance shall not relleve the Lessee from tha obligation of the Lessee to make the paymofents rent herein above reseatrved the times and tn the manner aforesald; and In case of any such defaultof the Lessee, the Lessor may re-let sald premises as the agent for and In the name of the Lessee at eny rental readily cbtalnable applying the proceeds and avalls ‘thereof, first in the payment of ‘such expense as the Lassor may be put to In re-entering, and then to the payment of sald rent as the same may from time to time become due, and toward the fulfitim jent of the other covenants and agreements of the Lessee herein contained, and the balance, If any, shall be pald to the Lessee; and the Lessee hereby covenants and agrees that if the Lessor shall recove or take r possession of said premises as a foresafd, and be unable to re-et at the same rent so as to realize as sum equal to the rent hereby reserved, the Lessee shall and will pay to the Lessor any and all loss of difference of rent for the residue of the term. 11, Apullances: Lessor and Lessee agreed that the following ‘appliances are supplied with the home and that all are In satisfactory condition and working order, Said appliances will be returned In like condition when Lessee vacates premises. @, Oven/stove N/A_ ¢. Refrigerator N/A b. Dishwasher N/A An “O" Indicates owned by Lessor An “L’ indicates owned by Lessee 12. Legal Service: Any and all notices to be served by the Lessor upon the Lessee for any breach of covenant Of this Lease, or otherwise, shall be served upen the Lessee In person, or left with anyone In charge of the premises, or posted upon some conspicuous part of the premises. 13, No waiv or any er forfeiture, by acceptance of rent or otherwise, shall walve any subsequent caused of forfelture, or breach of any condition of this Lease, 14. Resldants: Whenever the word “Lessor” Is used heretn, tt shall be construed to include the helt, executors, administrators, successors, assigns or legal representatives of the Lessor; and the word “Lessee” shall include heirs, executors, administrators, successors, assigns or legal representatives of the Lessee and the words Lessor and Lessee shall Include single and plural, Individual or. ‘corporation, subject always to the restrictions herein contained asto subletting or assignment of the Lease. » 45. The following individuals are the only Individuals approved and authorized to live In the home, e emp! of an attomay by Lessor use of the violationof any provision of the Lease, to obtalin any sums due and owing hereunder, to obtain possession of demised premises, to enforce any provisicn of the Lease, or otherwise, Lessee shall pay all such attomey’s fees and all cost or other expenses incurrad by Lessor in connection therewith, which sums shall be considered as additional accrued rent secured heraunder, whether prosecuted to Judgment or not. 16. Vali and dity Performance: ‘The Invalidity or un-enforceability of any provision of this Lease shail not affect cr Impalr the validity of any other provision. The laws of the State of Missourl shall gover the valldity, and enforcement of this Lease, 17. dury.Walvar: Landlord and tenant hereby walve trial by Jury In any action, proceeding of counterclaim brought by or of the parties hereto arising out of the lease, the relationsh of the parties ip or the tenents’ use of the premises, 18. LESSEE ACKNOWLEDGES READING AND UNDERSTANDING THIS ENTIRE INSTRUME AND NT THAT LESSOR HAS MADE NO OTHER REPRESENTATION TO LESSEE OTHER THAN THIS LEASE AND THE PARK RULES AND REGULATIONS, WHI ARE CH ADOPTED HEREIN. LESSEE CERTIFIES HAVING RECEIVED A COPY OF SAID PARK RULES AND REGULATIONS ON, 23D. (date). These rules and regulations may be changed AT any time as Park Management deams fit. Sh ould a ule violation be noted, Lessee shall receive a “Violation Notice” and tim f pope he Noted violation. Failure to comply wil! result in the account belng charged a fiftys 1,0) Rule Violstion Fee, 19, Lessor has a Real Estate license and Is acting as a princlpal party tn this contract, 'N WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written, This Lease contains five {5) pages. MM. 4 21.280 wn . LESSOR ~ Mascaw Meadows Mobile Home Park 383 RO? Phone Number Joh Jenni LESSEE Ker Hy de gee b3b 583 ROD Phone Number Affidavit of Service |, Michael E. Dunard, hereby certify that | have personally served the Notice to Tenant to Teiminate Tenancy to Jennifer& John Hyde and others at 136 Darla Ct Moscow Mills, MO 63362. This event accrued on the 4th of October 2023 at 2:07pm. Miohaod: Dube) Michael E, Dunard Hometown Process Services LLC Subscribed and sworn to before me, a Notary Public, on thesMay of Lok, 2023, H, HEINLEIN STATEOF Mi Notary tae Public q My Commission Expires: duiy 17, POOP My Commission expires: -11-A6 EXHIBIT _Z Yoh 2:0 7P% NOTICE TO TENANT TO TERMINATE TENANCY ee Before October 20, 2023 ae Re: 136 Darla £t -Mascaw Millis, MO. 63362 AKA(MM 9A) To: Joh Jennifer Hyge and/or, Tenants, ET. Al. From: dows Mobile Home Park., Landlord count Halt Pre ver Fe urt ay in fy As TENANT of the above-described PREMISES, you are hereby reall that LANDLORD has elected to terminate your tenancy of the PREMISES effective December 20th, 2623, @ period not less than 60 days after your next rent paying date and LANDLORD hereby demands that you remove from PREMISES all personal belongs and surrender peaceful possession of the PREMISESTO LANDLORD NO LATER THAN 12:01 a.m. on December 20, 2023. Your tenancy is being terminated For.Mz pila it hyour @ i yenit which you signed with Management includingbut jonsp oes r portiqn.of the rent or. other financial obligations with repeated failure to pay your Portion of the monthly rent by the first of each month and stating that the TENANT a rent: oa due and payable to the LANDLORD in the amount of, a id Lessor Is terminating the month-to- month lease, You are responsible for paying rent until the termination date. If TENAI INT falls to vacate the PREMISES by said termination date, LANDLORD fully intends to file an untawful deta iner action against TENANT and claims double rent for each day TENANT holds aver after the termination date. Said lawsult will be based on the reasons given In oe notice and m: ay =~ ee yo hi ave a and present ett for 9 wi fe ensible rn hid'eg nte they 8e advised that you have (10) days from the date you receive this notice to discuss termination of your tenancy with LANDLORD by calling 636-745-2232. However, acceptance by LANDLOR D of any future rent payment or other lease performance by TENANT shall not be deemed a withdrawal or ‘walver of this notice by LANDLORD nora waiver of the rightto file an unlawful detainer ‘action for possession of the Premises if you do not vacate by said termination date. Moscow Meadows Mobile Home Parks By (A