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UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
SOUTHERN DIVISION
Ayoka Durham and Marcus Durham, each individually and on behalf of all
others similarly situated, bring this action against Home Partners Holdings LLC,
OPVHHJV LLC, d/b/a Pathlight Property Management, SFR Borrower 2022-1 LLC,
and HP Maryland I LLC, and (collectively “Defendants”), and allege as follows:
INTRODUCTION
1. Defendants are corporate landlords who collectively own, lease, and
manage approximately 17,000 homes in over 80 markets across the United States.
Home Partners began in Chicago, Illinois, and was formerly known as Hyperion
Homes.
2. Defendants operate as alter egos of each other and market themselves
as a joint entity. Pathlight states on its website that both Pathlight and Home
Ayoka Durham and Marcus Durham,
each individually and on behalf of all
others similarly situated,
Plaintiffs,
v.
Home Partners Holdings LLC,
OPVHHJV LLC, d/b/a Pathlight
Property Management, SFR Borrower
2022-1 LLC, and HP Maryland I LLC
Defendants.
Court File No.: 8:23-cv-3490
COMPLAINT
JURY TRIAL DEMANDED
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 1 of 54
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Partners “are proud to offer” lease programs to prospective tenants.
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Pathlight’s
website contains a Home Partners’ logo, demonstrating their interlocking
relationship.
3. Defendants operate two rental programs: a “right-to-purchase (RTP)
program, which is the primary means through which they acquire single family
residences, and a non-right-to-purchase rental program, through which they rent out
homes they have already purchased (NRTP).
4. Whether a prospective tenant chooses the RTP or NRTP program,
Defendants represent for every home that is available for lease, that the home is
“[p]rofessionally managed by Pathlight Property Management, the exclusive property
manager for Home Partners of America, offering excellent customer service, 24/7
emergency maintenance service, online application and payments, and pet-friendly
options.”
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5. Despite these promises, Defendants routinely require tenants to enter
contracts of adhesion that purport to waive and modify the warranty of habitability
through several different lease provisions found in Defendants’ uniform adhesion
contracts.
6. In addition, Defendants, through form contracts of adhesion, require
tenants to agree to take on maintenance and repair costs that otherwise would be
borne by Defendants. In their leases, Defendants misleadingly state that the tenants’
1
https://www.pathlightmgt.com/ (last visited December 4, 2023).
2
https://www.pathlightmgt.com/search (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 2 of 54
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rental rates were negotiated and would otherwise be higher but for the tenants’
alleged agreement to maintain and repair.
7. In reality, Defendants unilaterally set rental rates, without assigning
any consideration for the tenants’ alleged agreement or the value of their services.
8. During and at the end of tenancies, and using the same form leases,
Defendants routinely pursue their tenants for payment of normal wear and tear
damage, or pre-existing or other damage to Defendants’ real property, which was not
caused by the tenants at all. This conduct also violates the warranty of habitability
and statutory consumer protection laws.
9. Landlords, not tenants, are responsible not only for ensuring that the
homes they rent comply with applicable health and safety laws, but also for
responding to their tenants in a timely manner upon notice of conditions that
interfere with the tenant’s life, health, or safety or the habitability of the premises.
10. Finally, under their leases, Defendants assess tenants with numerous
lease administration and property management fees, including but not limited to a
“pay-to-pay” utility fee, an HVAC filter fee, late fees, and for the cost of insuring
Defendants’ property.
11. The reason for Defendants’ use of its misleading form leases is simple:
Sophisticated corporate landlords intentionally include unenforceable or misleading
clauses in their leases “trusting they could profit from inserting such terms. [These
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 3 of 54
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clauses] are likely to mislead tenants into believing that they reflect the legal state-
of-affairs.”
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12. In addition to seeking damages, this action seeks to enjoin Defendants
from continuing to use their misleading or unenforceable leases and a return of the
monies paid to Defendants through their illegal leases.
PARTIES
13. Ayoka and Marcus Durhams are adults residing in Hughesville,
Maryland and are citizens of Maryland.
14. Defendant Home Partners Holdings LLC (“Home Partners”) is
incorporated in Delaware with its principal place of business in Chicago, Illinois.
15. Defendant OPVHHJV LLC, d/b/a Pathlight Property Management
(“Pathlight”) is a subsidiary, agent, and alter ego of Home Partners of America.
Pathlight is incorporated in Texas with its principal place of business in Texas.
Pathlight is wholly owned by Home Partners.
16. Upon information and belief, Defendant Home Partners or one of its
subsidiaries operates and purchases homes through separately incorporated limited
liability companies (“LLCs”), but Defendant Home Partners (or one of its officers or
employees) is a member of those LLCs.
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Meirav Furth-Matzkin, Unenforceable and Misleading Clauses in Consumer
Contracts: Evidence from the Residential Real Estate Market, June 2015, John M.
Olin Center for Law, Economics, and Business Fellows, available at
http://law.harvard.edu/programs/olin_center/; see also Furth-Matzkin, On the
Unexpected Use of Unenforceable Contract Terms: Evidence from the Residential
Real Estate Market, 9 Journal of Legal Analysis 1 (2017).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 4 of 54
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17. Defendant HP Maryland I LLC, an LLC incorporated in the State of
Delaware with its principal place of business in Chicago, Illinois, is also one of these
LLCs. Plaintiffs’ lease states they entered into a lease agreement with this entity.
18. Defendant HP Maryland I LLC is listed as dissolved with the Secretary
of State. Plaintiffs received an email from Defendants notifying them their home is
now owned by SFR Borrower 2022-1.
19. Defendant SFR Borrower 2022-1 LLC, an LLC incorporated in the State
of Delaware with its principal place of business in Chicago, Illinois, is one of these
LLCs. SFR Borrower 2022-1 LLC is wholly owned by Home Partners. This entity now
owns the Durhams’ property.
20. SFR Borrower 2022-1 LLC and HP Maryland I LLC and these other
LLCs were, at all relevant times, the agents, servants, employees, alter-egos or joint
venture of Defendant Home Partners, and acted within the course and scope of such
agency, employment, alter-ego and/or in furtherance of the joint venture, and with
the permission and consent of each of the other Defendants.
JURISDICTION AND VENUE
21. This Court has original subject matter jurisdiction over this controversy
pursuant to the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d), because
Plaintiffs and members of the Class are citizens of states different than Defendants’
home states, and the aggregate amount in controversy exceeds $5 million, exclusive
of interests and costs.
22. This Court has personal jurisdiction over Home Partners Holdings LLC
because it has conducted substantial business in this District and intentionally and
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 5 of 54
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purposefully markets, promotes, and places its homes into the stream of commerce in
this District and throughout the United States.
23. This Court has personal jurisdiction over HP Maryland I LLC and SFR
Borrower 2022-1 LCC because they are or have been registered to do business in this
District and intentionally and purposefully market, promote, and purchase homes in
this District and throughout the United States.
24. This Court has personal jurisdiction over OPVHHJV LLC, d/b/a
Pathlight Property Management, because it serves as the property manager for all of
Defendants’ rental properties in this District.
25. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because a
substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred
in this District. Defendants marketed, advertised, leased and sold the affected homes,
as well as conducted extensive business, within this District.
FACTUAL ALLEGATIONS
I. Defendants’ Scheme
26. Home Partners’ website states, “[f]rom the beginning, Home Partners
and Pathlight communicate with residents throughout the entire process. Once the
house has closed and the Make-Ready renovations have been completed, Pathlight
will send a Welcome Email to residents that outlines the move-in process and answers
questions that may arise during the lease term.”
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4
https://www.homepartners.com/faqs/Move-In-Pathlight/Pathlight-Property-
Management-/When-does-Pathlight-become-the-main-point-of-contact-for-incoming-
residents (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 6 of 54
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27. Defendant Home Partners is now a subsidiary of Blackstone Inc., a New
York City-based investment firm.
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28. In a $6-billion-dollar deal, Blackstone purchased Defendant Home
Partners through an investment fund called Blackstone Real Estate Income Trust.
29. Blackstone is one of many large firms to capitalize off the 2010
foreclosure crisis precipitated by the Great Recession.
30. In the wake of the 2007 housing market crash, as thousands of American
families lost their homes, the federal government launched a pilot program that
allowed Blackstone and other private investors, some of whom facilitated the
financial crisis in the first place, to purchase swaths of foreclosed homes from Fannie
Mae.
31. Large private equity groups, hedge funds and other large investors
spent a combined $36 billion on more than 200,000 homes between 2011 and 2017.
32. In effect, these large entities are building a new corporate landlord-
tenant scheme across the country.
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33. While large corporate entities have been involved in the housing market
since before the 2010 foreclosure crisis, their involvement only continues to grow.
These corporate landlords claim their buying efforts will stabilize the country’s most
dilapidated housing markets. They claim they will be even better landlords than
5
https://www.wsj.com/articles/blackstone-bets-6-billion-on-buying-and-renting-
homes-11624359600 (last visited December 4, 2023).
6
https://www.theatlantic.com/technology/archive/2019/02/single-family-landlords-
wall-street/582394/ (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 7 of 54
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traditional, local landlords by using their capital to maintain the homes, and they
claim to make home rentals easy and affordable.
34. However, over time, these corporations have displaced individual home
buyers (or individual landlords and property owners) not only in housing markets
decimated by foreclosure, but also in healthy urban, suburban and exurban
residential real estate markets.
35. Against this background, Home Partners (then operating as Hyperion)
entered the residential real estate market in 2012 as real estate investment and
property management group, claiming that by purchasing homes on behalf of
residents in markets nationwide, they would help thousands of home-seekers live in
a home they otherwise were not yet ready to purchase, under terms that best fit their
needs.
36. Defendants state they rent single-family homes to persons in three
primary demographics: (1) recent transferees to an unfamiliar or new city or suburb;
(2) persons desiring to live in a single-family home, but who lack the creditworthiness
to obtain a mortgage; and (3) persons who want to rent a single-family home but who
are “uncertain” about home ownership.
37. Defendants target these demographics through marketing to real estate
agents and online and print advertisements that promote the availability of homes.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 8 of 54
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38. Defendants market extensively through their own websites as well as
local real estate agencies.
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39. Defendants operate two rental programs: a “right-to-purchase (RTP)
program, which is the primary means through which they acquire single family
residences, and a non-right-to-purchase rental program, through which they rent out
homes they have already purchased (NRTP).
40. The RTP rentals are long-term, up to five years. Each RTP lease
contains an automatic renewal provision. The NRTP rental contracts are for one-year
terms.
41. In the context of the RTP program, Defendants represent prospective
customers, working with their real estate agents, can pick a home being offered for
sale, and that Defendants will buy the home for the prospective customer to rent from
Defendants, for up to five years. To induce prospective customers to go through Home
Partners and the RTP program, Home Partners represents they “buy it and lease it
to you with the peace of mind of locked-in rent amounts and purchase prices. Live in
the home as a renter with the option to buy it at any point. At the end of your 1-year
lease term, you can renew for another year or walk away with no penalties. No matter
what you decide, we are your partner. […] On average, move-in will be 2 weeks after
7
https://www.pathlightmgt.com/search?sort=&search_text=&rent=&state=IL&city=
&available_date=&beds=&bathrooms= (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 9 of 54
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closing to accommodate any necessary repairs found during our home inspection. […]
Your agent facilitates the inspection and will make sure all utilities are on.”
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42. Defendants together claim that they expend significant effort and
resources to purchase a particular home on the prospective tenant’s behalf.
43. Whether a prospective tenant chooses the RTP or NRTP program,
Defendants represent for every home that is available for lease, that the home is
“[p]rofessionally managed by Pathlight Property Management, the exclusive property
manager for Home Partners of America, offering excellent customer service, 24/7
emergency maintenance service, online application and payments, and pet-friendly
options.”
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44. Defendants also represent their houses are “qualified,” “move-in ready”
and have passed inspection. Defendants do not share the results of any inspection
reports with their tenants, and thus tenants are unaware of what repairs, if any, were
declined or undertaken.
45. Before an RTP tenant signs a lease, Defendants send to tenants an
“Anticipated Terms” document that makes representations regarding the terms of
the lease and states that tenants are responsible for utilities, such as water, trash,
and sewer, lawn and landscape maintenance, snow/ice removal, and “other day-to-
day maintenance.” The “Anticipated Terms” document also states Defendants expect
tenants to maintain the home as if it were the tenants’ own, and that tenants are
8
https://www.homepartners.com/how-it-works (last visited December 4, 2023).
9
https://www.pathlightmgt.com/search (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 10 of 54
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required to maintain their own general liability renters’ insurance. The terms do not
disclose that tenants may later be force-placed into Defendants’ own insurance if they
do not obtain their own renters’ insurance.
46. Defendants’ Anticipated Terms, leases and other pre-lease materials are
drafted by Home Partners in Chicago, Illinois. Tenants communicate with and receive
lease documents for signature from Home Partners’ leasing, acquisitions, closings
and applications teams, which are also based in Chicago. Tenants receive these pre-
lease documents and the leases themselves from Home Partners’ leasing and
acquisitions teams, and Home Partners’ leasing team facilitates tenants’ wiring of
their initial security deposit.
47. Defendants claim we take the responsibility of managing your homes
safety and maintenance seriously. Our team is always ready to handle large service
requests, but we kindly ask that residents take care of smaller maintenance issues
themselves.”
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48. But prospective customers are not provided a complete list of the
obligations and “service requests” and “maintenance issues” that they will be
required to take on as tenants, which include but are not limited to managing pest
infestations, lawn care, snow removal, and repairing appliances.
49. Nor do Defendants fully disclose the additional fees tenants will be
required to pay under the lease, including for the cost of insuring Defendants’
10
https://app.pathlightmgt.com/help/detail/General-
Maintenance/6157473947931/What-are-resident-and-Pathlight-maintenance-
responsibilities (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 11 of 54
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property, paying for HVAC upkeep through an HVAC filter fee charge, and paying
for other lease administration expenses connected to utility billing or Defendants’
attempts to evict tenants, even when they are not prevailing parties in an action.
50. For each house, Defendants set a monthly base rent for each year in
which a tenant occupies a house.
51. Defendants state and admit they do not negotiate these amounts with
tenants.
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52. Nonetheless, in contradiction of the foregoing statements, which are
provided to the general public and tenants before they sign any lease, Home Partners
represents in its form adhesion leases that “The amount of Rent was agreed upon
based on the express understanding that Tenant will be responsible for the
maintenance needs of the Premises as provided in this Lease and in the absence of
Tenant’s agreement to maintain the Premises at its cost in accordance with the terms
of this Lease, Landlord would have charged a higher rent amount.”
53. Home Partners does not apply or credit any amount paid in rent or on
maintenance or repairs during the lease term to reduce the rent.
54. Home Partners does not credit the value of the services tenants provide
to maintain Defendants’ properties toward the rent, nor represent to tenants what
the amount of rent would otherwise be but for the agreement to repair and maintain
the property.
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https://app.pathlightmgt.com/help/detail/Lease-Information/360043853871/Is-
rent-negotiable (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 12 of 54
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55. At bottom, and as further described herein, Defendants’ marketing is
designed to induce and convince prospective customers that they are renting a
specially chosen, “qualified” i.e., quality home that is different than, and an
alternative to, a traditional rentaland then to convince consumers to agree to take
on substantial homecare burdens foisted on tenants by Defendants’ adhesive form
leases.
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56. Despite their effort to establish an extra-legal relationship with their
tenants through these elaborate contracts of adhesion, Defendants cannot write their
way out of their statutory legal obligations to their tenants.
II. Defendants’ Form Contracts Shift the Burden of Maintenance,
Repair, and Insurance onto Tenants.
57. Since 2012, Defendant Home Partners has included provisions in its
carefully crafted form leases that illegally purport to shift its repair and maintenance
obligations onto tenants, as well as other fees associated with lease and property
management administration. While Home Partners names one of its various LLCs
(such as SFR Acquisitions) as the Landlord in its leases, the LLC entity is controlled
and wholly owned by Home Partners.
58. Initially, Defendant Home Partners disclaims in its form leases any
obligation to comply with the Covenants of Habitability, stating that “Resident
acknowledges that any damage to the Premises beyond Wear and Tear will be
presumed to have been caused by Resident. Resident agrees that Owner is leasing
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https://www.homepartners.com/how-it-works/program-
summary?position=advantages (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 13 of 54
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the Premises to Resident in its AS-IS, WHERE-IS, WITH ALL FAULTS condition as
of the Effective Date and specifically and expressly without any warranties,
representations or guarantees, either express or implied, as to its condition, fitness
for any particular purpose, merchantability or any other warranty of any kind, nature
or type whatsoever from or on behalf of Owner’s Agents (all of which are expressly
disclaimed by Owner and waived by Resident) and Resident is accepting the Premises
on such terms […]”
59. Defendants also state “The amount of Rent was agreed upon based
on the express understanding that Resident will be responsible for the
maintenance needs of the Premises as provided in this Lease and in the
absence of Resident’s agreement to maintain the Premises at Resident’s cost
in accordance with the terms of this Lease, Owner would have charged a
higher Monthly Base Rent amount.
60. This statement is untrue. Defendants do not negotiate rent (emphasis
in original).
61. These provisions are designed to obscure, mislead, and misrepresent
Defendants’ true legal obligations to renters, and constitute false statements of fact
and law.
62. Defendants fail to disclose that nothing in their lengthy “Residential
Lease Agreement” can abridge a tenant’s rights, nor does the lease create anything
other than a traditional landlord-tenant relationship.
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63. Defendants’ “as-is” and burden-shifting repair provisions mislead
consumers about their guaranteed rights and remedies under applicable state law by
misrepresenting to consumers that they, not Defendants, are required to keep
Defendants’ properties in reasonable repair, and further mislead consumers into
paying costs associated with Defendants’ lease management and administration.
Thus, in addition to misrepresenting tenants’ rights, Defendants’ leases are
agreements with tenants that purport to waive or modify the Covenants of
Habitability in direct violation of the law.
64. Defendants’ burden-shifting maintenance and repair and lease
administration provisions not only contravene the warranty of habitability and other
state laws, but also deceptively and misleadingly suggest to tenants that their
signatures on the lease constitute a waiver of their right to habitable housing. Such
unlawful provisions have and continue to have the effect of fraudulently stripping
consumers of their legal rights and burdening them with repair efforts and expenses
that the law explicitly requires Defendants to bear.
65. When purchasing homes for re-lease, Defendants obtain independent
inspections and property appraisals, allegedly for the benefit of the tenant, yet under
Defendants’ policies, the inspection reports and appraisals are not provided to
tenants.
66. Instead, these inspections and appraisals are given to Defendants and
undertaken on Defendants’ behalf prior to Home Partners’ purchase of the home. As
owners and property managers of the home, Defendants are in the best position to
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 15 of 54
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obtain and provide that information. However, no Defendant discloses the existence
of any pre-existing damage to the home of which they may have already been aware.
67. Nor do Defendants disclose the results of municipal inspections.
Accordingly, tenants may not be on notice of conditions at the property to review and
report during the tenancy, even conditions such affecting habitability such as prior
mold or mildew.
68. Despite its claim that it “is happy to handle large service requests, and
we ask that residents take care of smaller maintenance issues,” Pathlight, as the
property management arm of Defendants, does not have a local staff to handle these
“large service requests.” Instead, Pathlight contracts with a third party, SMS Assist,
which determines whether a tenant’s maintenance request will be fulfilled by a local
vendor under policies and procedures established by Pathlight.
69. Under Defendants’ leases, policies, and procedures, tenants may make
maintenance and other repair requests by calling a central toll-free number, or by
making a request through Defendants’ resident web “portal.” If a tenant calls in a
maintenance request, both Pathlight and SMS Assist make an electronic record of
the request, which is stored in a database. Pathlight frequently communicates with
tenants who have called by emailing the tenant with a “You Called Us” or “We Called
You” signature line, and respond to the tenant by email. If the request is directed
through the portal, an electronic record is also created and stored in the database.
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70. If SMS Assist, Pathlight’s agent operating under Pathlight policies and
procedures, or Pathlight determines that the request is “resident responsibility,” the
maintenance request will not be fulfilled and will be cancelled.
71. SMS Assist will also request approval directly from Pathlight for certain
repairs. If Pathlight denies the request, the tenant’s work order is cancelled.
72. Because Pathlight either directly or through its agent SMS frustrates
tenants’ attempts to successfully make maintenance requests, the result is a system
whereby tenants, not Defendants, are actually or constructively forced to pay for
repairs and maintenance that they are not required to make under the lease or
applicable state law.
The Master Resident Liability Program
73. In addition to paying out of pocket for repairs to Defendants’ properties
as they arise, or from their security deposits at the end of tenancy, tenants also use
their own funds every month to comply with Home Partners so-called “liability
coverage” requirement.
74. The lease requires tenants to procure renters insurance with general
liability coverage in the amount of $300,000 ($500,000 for a house with a pool) for
“damage to our property during your lease term.”
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13
https://app.pathlightmgt.com/help/detail/Move-In-and-Liability-
Coverage/360043425512/Am-I-required-to-have-renter's-insurance (last visited
December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 17 of 54
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75. Home Partners requires tenants to name the Defendants and an entity
called POPIC LLC, listed in the lease as an “additional interested party” on the policy
and provide “written evidence” of the addition prior to move-in.
76. Although Defendants represent in the leases that tenants are free to
obtain their own renters’ insurance, it must meet Defendants’ coverage criteria. If
tenants fail to obtain qualified renters’ insurance, they are deemed to be in default of
their lease.
77. Nevertheless, before the lease is signed, Defendants discourage tenants
from procuring outside insurance, stating the “cost of outside coverage may depend
on your provider, creditworthiness, and other factors. Also, it may or may not cover
personal belongings, and that “using an outside provider may cost $20 a month or
more.”]
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78. Instead, Defendants want tenants to use their own insurance program.
Unless and until the tenant provides the requisite proof of renters insurance,
Defendants force-place tenants in their own “liability waiver” program (also known
as the “Master Resident Liability Program,” or “MRLP,” and identified as
“Replacement Renter Insurance” in the lease). The MRLP is an opt out, not opt in,
program.
79. Defendants’ MRLP costs tenants $13 per month and is defined as
“additional rent” under the lease. Like all rent payments, this additional rent
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https://app.pathlightmgt.com/help/detail/Move-In-and-Liability-
Coverage/360043425512/Am-I-required-to-have-renter's-insurance (last visited
December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 18 of 54
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payment is paid to the Home Partners Holdings subsidiary that is identified as the
“Landlord” under the lease. Upon information and belief, a portion of the $13 fee is
returned to Defendants.
80. Defendant Home Partners developed the Master Resident Liability
Program in 2018 and 2019 in Chicago, Illinois.
81. Although Home Partners uses the terms “liability coverage” and
“Master Resident Liability Program” in the leases and in other documents, in reality,
Home Partners is engaging in the sale of insurance to tenants. Home Partners is not
licensed to sell insurance in any state in which it does business.
82. Unbeknownst to tenants who are forced to participate, this $13 is an
insurance premium paid to Defendants’ captive insurer.
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Defendants do not disclose
what portion of this amount is reserved to pay administrative costs, or to pay claims
for property damage.
83. What Defendants additionally do not disclose is that they intend for
tenants (or their independently procured insurance coverage) to pay for and cover
pre-existing, accidental, or normal wear and tear damage to Defendants’ buildings
and real property, not caused by tenants, which are not covered by the typical renters’
insurance policy. In other words, Defendants deliberately foist the burden of insuring
their own real property onto tenants.
15
See Sewall, et al. v. Home Partners Holdings LLC, et al., 27-CV-22-10389 (Minn.
Dist. Ct.) Index No. 202, Order Certifying Class.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 19 of 54
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84. Upon information and belief, Defendant Home Partners has collected
millions of dollars from tenants nationwide through the MRLP replacement
insurance program, none of which benefits the tenants.
The UBSF
85. Defendants employ a third party, Conservice, to manage those utilities
and services kept in Defendants’ names, such as water, trash and sewer. Conservice
bills the utilities to the tenants, through a separate bill, but all utility amounts are
reflected on the tenants’ ledgers and tenants can remit payment directly to
Defendants.
86. While most tenants understand they have to pay for the utilities they
use, are in fact required to pay more than their use. Defendants also require tenants
to pay a “Utility Billing Service Fee” (UBSF). The UBSF is a “pay-to-pay” fee for
utilities and services that that must be kept in the Landlord and property owners’
name. Tenants do not have the option to opt out of the UBSF. Though the amount
varies state to state, Defendants charge this fee in each state they rent their homes.
87. Plaintiffs and other Maryland tenants’ UBSF is $9.95 per month..
88. In their Anticipated Terms document, Defendants represent the UBSF
is to “reimburse” Defendants for “water and other utilities and services bundled with
the water bill.”
89. The leases do not disclose the nature and purpose of this charge.
Similarly, Defendants’ representations on their website(s) do not disclose the nature
and purpose of this charge.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 20 of 54
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90. In actuality, the UBSF is a fee Defendants assess to tenants to cover the
administrative costs of hiring Conservice to bill tenants for utilities. This is also not
disclosed in leases or Anticipated Terms.
91. Upon information and belief, a portion of this fee is returned to
Defendants and does not reflect the actual administrative costs of managing utilities
via Conservice.
HVAC Filter Fees
92. Defendant also required tenants to pay a fee for their “HVAC Filter
Program” in the amount of $15 per month. This amount is non-negotiable. Defendant
contracts with a third party, Second Nature, to deliver air filters to tenants every 60
days, and per the form lease and addenda thereto, tenants are not permitted to opt
out of this payment obligation and to supply their own air filters purchased from
other sources. The lease further requires tenants to install the filters within two days
after delivery, for the purpose of ensuring that the “air quality in your home is safe
and your system is functioning properly,” meaning that the air filter is specifically for
the purpose of ensuring the health and safety of the tenants and the habitability of
the units. Further, this cost is shifted even where Defendant agrees that furnace and
HVAC cleaning and servicing is the landlord’s responsibility under the lease
agreement.
93. Defendants mark up the cost of the air filters, but do not disclose this
markup to tenants. Further, upon information and belief, the $15 charge does not
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reflect the actual cost of the air filters. Only a portion of the fee is paid to Second
Nature.
Legal Fees
94. Finally, Defendants require tenants to pay for Defendants’ attorneys to
review their ledgers for purposes of determining whether a tenant is allegedly in
default on any lease obligation, which is reflected as “Legal Fees Recovery” on
tenants’ ledgers. Defendants charge the tenants for this attorney review, regardless
of whether Defendants attempt to enforce any lease obligation through a legal action.
95. Even if Defendants did not enforce their illegal lease provisions, these
provisions are nonetheless deceptive because consumers who read them are likely to
believe they are enforceable, or that they have contractually waived their legal rights
not to be responsible for certain costs, as well as repairs to Defendants’ own property.
III. Plaintiffs’ Experiences
Ayoka and Marcus Durham
96. Ayoka and Marcus Durham began renting a Home Partners-owned
home on September 4, 2021 in Hughesville, Maryland.
97. The Durhams rented through Defendants because Defendants’
representations, as described in paragraphs 3-6 and 26-55 above, led the Durhams to
believe Defendants would provide a quality, pre-inspected home that would not
require substantial upkeep or maintenance, based upon the assurance of quality and
inspection provided by Defendants. The Durhams were looking for their dream home
and thought they had found it based on Defendants’ promises to provide a move-in
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ready home free of major defects that the Durhams would be able to purchase when
they were ready.
98. The Durhams received Defendants’ form “Residential Lease
Agreement,” a 20-page, 47-clause lease with 28 additional pages of attachments and
addenda and a right-to-purchase agreement for a total of 89 pages, all drafted in
Illinois by Home Partners’ lawyers in approximately 10-point font. Attached as
Exhibit A is a copy of the Durhams’ lease.
99. The Home Partners entity listed on the Durhams’ lease is HP Maryland
I LLC, which has a principal place of business in Chicago, Illinois. The Durhams’
home is now owned by SFR Borrower 2022-1, a Home Partners entity with a principal
place of business in Chicago, Illinois.
100. The Durhams’ lease contains numerous unenforceable provisions under
Maryland Law, including but not limited to:
a. Forcing them to waive trial by jury;
b. Waiving rights and remedies provided by Maryland law;
c. Indemnifying the landlord from liability for their own acts,
omissions or neglect;
d. Waiving the warranty of habitability;
e. Waiving other rights and remedies provided by Maryland law.
101. The Durhams were not provided an opportunity to negotiate the amount
of rent, nor the yearly rent hikes.
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102. Defendants did not separately negotiate or set forth the list of
maintenance and repair responsibilities they required the Durhams to take on.
103. Defendants have assessed a $9.95 UBSF which accompanies and is an
additional cost on top of their monthly utility payments. The Durhams’ lease is silent
as to the nature and purpose of this fee.
104. Defendants have also assessed a monthly $15 HVAC filter fee
throughout the duration the Durhams’ lease. The filters do not fit the Durhams’
HVAC unit, which they reported through the resident portal several times, though
Pathlight continues to send them and bill them for the wrong size filters.
105. Defendants have also assessed and the Durhams have paid a monthly
$13 charge for Defendants’ Master Resident Liability Program.
106. In April 2022, the Durhams no longer had hot water. The Durhams’
home operates with well water. The Durhams made a maintenance request through
the portal on approximately April 2, and Pathlight sent a vendor who had no
knowledge of wells. Pathlight sent another vendor who provided a temporary fix for
the filtration system and advised the entire well would likely need to be replaced.
107. The well stopped working again in September 2022. On September 4,
Marcus turned on the faucet only to discover the water pouring through the spout
resembled coffee and cream. The Durhams immediately reported the issue through
the resident portal and placed a work order through the maintenance portal. The
Durhams began using bottled water heated on the stove to take showers. They were
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unable to flush their toilets, brush their teeth, clean dishes, wash clothes, cook, or
wash their hands as the water was a filthy creamy brown color.
108. After 96 hours without water and no response from Pathlight, the
Durhams contacted Pathlight again through the maintenance portal on September 8
and sent several photos. Pathlight finally sent a vendor on September 15, who told
the Durhams the entire well, which is over 30 years old, would need to be replaced.
This vendor did not do any work on the well.
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109. After approximately 10 days without water, Pathlight sent a vendor who
said the entire well would need to be replaced. On September 27, Thea, a Pathlight
representative, said she received her manager’s approval for the Durhams to hire
their own contractor to replace the well as Pathlight had been unable to find a
contractor themselves. The Durhams promptly found a contractor and forwarded the
$27,500 quote to Pathlight on October 13. The Durhams called Pathlight and sent
several portal communications seeking an update each month through the end of the
year. On January 10, Pathlight requested the Durhams negotiate the quote down to
$25,000, which the contractor refused. Pathlight refused to authorize the work at the
quoted price.
110. On February 20, a Pathlight representative contacted the Durhams
through the resident portal. Reiterating the same information from the January 10
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27
phone conversation, the representative wrote “upon reviewing the quote it shows as
$27,500 however our approvals team only approves around $25k, will it be possible
that they can lower it down to $25k?” On March 14, Pathlight representative “Joseph”
told the Durhams he had not yet received approval for the October quote from his
management team.
111. The Durhams began withholding rent as permitted by Maryland Stat.
§§ 8-211. Pathlight threatened to evict the Durhams, twice, in April and May 2023.
On May 11, Pathlight representative Magi Marquez wrote to the Durhams, “I confirm
that you have been notified by Camille on April 17, 2023 that your eviction has been
stopped. And I also got confirmation today from Ryan Agee that your eviction has
been halted.”
112. Pathlight further confirmed they agreed to abate the Durhams’ rent,
and credited five months’ rent in the amount of $15,150 on May 31. Nevertheless,
Pathlight, apparently unilaterally, has deemed the lease terminated and has been
charging holdover rent since May 31, 2023. Pathlight has continued to refuse to
replace the well, and while the Durhams have managed, they do not have water they
believe is safe.
113. On top of the water well issues, the Durhams have reported other issues
affecting the condition of their home, including items that Defendants agree are their
responsibility under the leases. In November 2021, the Durhams reported water spots
on the ceiling and believed the roof may be leaking. Pathlight sent a vendor who
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patched the area and recommended the roof be replaced. Pathlight did not authorize
the vendor to complete any additional work.
114. In February 2022, the Durhams reported black mold growing on the
walls and ceiling in the basement and made a request through the maintenance
portal. In October 2023, their bathroom ceiling began to leak and develop mildew.
They placed a maintenance request, and Pathlight sent a vendor who again said the
entire roof needed to be replaced.
115. On November 1, 2023, for the first time, Pathlight sent an email stating
they had “updated your scheduled move-out date to November 1, 2023” and requested
the Durhams confirm when they had fully transitioned out of the home. The Durhams
did not respond to this email as they understood the eviction had been stopped based
on their communication with Ms. Marquez in May. On December 1, the Durhams
received another email with the subject line “Scheduled move out date breached”
requesting the Durhams “communicate with a member of our team on the soonest
available day you are able to move and return keys.” Again, the Durhams do not recall
agreeing to move out or terminate their lease and are very confused by these
communications.
116. The Durhams have attempted to pay their rent through the resident
portal multiple times, but Pathlight will not accept payment. The Durhams tried to
mail a check to the Plano, Texas address listed on their lease in October 2023, but
the check was returned. The Durhams again attempted to pay rent through the
resident portal on December 9, but received the same notification stating Pathlight
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is “unable to process the payment at this time.” The notification then instructed the
Durhams to mail payment to the same Plano, Texas address to which they sent the
previous check that was returned. The Durhams remain confused by this puzzling
series of events.
IV. Numerous Tenants Nationwide Complain.
117. Plaintiffs are not alone and represent the experiences of similarly
situated tenants. Across the country, numerous complaints have been lodged against
either Home Partners or Pathlight through social media such as LinkedIn or
Facebook, through the Better Business Bureau, or in conciliation or housing court
litigation, for their failure to return security deposits owed, or to keep their properties
in reasonable repair.
118. As reported by numerous tenants, Defendants often ignore tenant repair
requests or wait an inordinate amount of time before addressing the repair.
119. Pathlight was initially accredited by the Better Business Bureau in
December 2016, but its accreditation was revoked in 2022. Pathlight’s accreditation
has since been reinstated, but the Customer Review page continues to be flooded with
a litany of complaints.
16
16
https://www.bbb.org/us/tx/plano/profile/property-management/pathlight-property-
management-0875-90620230 (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 29 of 54
30
120. Hundreds of these complaints exist against Defendants’ various entities.
Indeed, private Facebook group called “Home Partners of America—Company of
Stolen Dreams” contains over 2,000 members.
17
121. Defendants have been subject to numerous suits in housing or small
claims actions nationwide, as well as additional actions commenced by the
undersigned counsel on behalf of their clients in Minnesota
18
, Washington
19
and
Colorado.
20
122. Only Defendants, however, are aware of the total number of complaints
lodged against them, including through Pathlight’s resident portal and 800-number.
123. As demonstrated, these failures to repair or to agree to repair directly
contradict Defendants’ representations that they will quickly make repairs and be
available 24/7. These representations misrepresent the service Defendants in reality
provide. Defendants routinely fail to make requested repairs or make insufficient or
untimely repairs.
17
https://www.facebook.com/groups/HomePartnersofAmericaScandalExpose (last
visited December 4, 2023).
18
Sewall, et al. v. Home Partners Holdings LLC, et al., 27-CV-22-10389 (Minn. Dist.
Ct.)
19
Richmond, et al. v. Home Partners Holdings LLC, et al., 3:22-cv-05704 (W.D.
Wash.)
20
Curran, et al. v. Home Partners Holdings LLC, et al., 1:23-cv-01279 (Colo.)
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 30 of 54
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CLASS ACTION ALLEGATIONS
124. Plaintiffs bring this action on behalf of themselves and all others
similarly situated (“the Class”) pursuant to Federal Rule of Civil Procedure 23.
125. Plaintiffs propose the following Class definition, subject to amendment
as appropriate:
All persons who have paid rent and other fees to
Defendants pursuant to a rental agreement with
Defendants in the state of Maryland.
126. The following persons are excluded from the above Class definition:
a. Any judge or magistrate presiding over this action and the
members of their family;
b. Defendants and any of Defendants’ affiliates, parents, or
subsidiaries, any entities in which Defendants have a controlling
interest, any officer, director or employee of Defendants, any
successor or assign of Defendants, anyone employed by counsel in
this action;
c. Persons who properly execute and file a timely request for
exclusion from the Class;
d. Persons whose claims in this matter have been finally adjudicated
on the merits or otherwise released; and
e. Plaintiffs’ counsel and Defendants’ counsel.
127. The requirements for class certification under Federal Rule of Civil
Procedure 23 are met as follows:
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32
a. Plaintiffs are informed and believe, and on that basis allege, that
there are hundreds of persons who have entered into rental
agreements with Home Partners. As such, the members of the
Class are so numerous that joinder of all members in one
proceeding would be impracticable.
b. There are common questions of law and fact common to the Class,
including without limitation:
i. Whether Defendants’ contracts of adhesion illegally
disclaim the covenants of habitability and violate state
laws;
ii. Whether Defendants’ lease provisions mislead;
iii. Whether Defendants’ illegally required tenants obtain
insurance to cover damage to Defendants’ property;
iv. Whether Defendants have failed to return security deposits
in full compliance with the law;
v. Whether Defendants mispresented the nature of their
services through advertising with the intent to induce
persons to sign their contracts of adhesion;
vi. Whether Defendants’ illegal and unenforceable lease
provisions are unfair and deceptive trade practices under
state statutes;
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 32 of 54
33
vii. Whether the members of the Class are entitled to damages
and equitable relief, including injunctive and monetary
relief.
c. The claims of the Plaintiffs are typical of the claims of the
members of the Class, who entered into rental agreements with
Defendants and are now contractually bound to the misleading
and unlawful terms of those agreements that breach the
covenants of habitability and severely limit any recourse
available to Plaintiffs and all members of the Class.
d. The Plaintiffs will fairly and adequately represent the members
of the Class and have retained counsel who are competent and
experienced in class action and complex litigation.
128. The requirements of Rule 23(b)(2) are met as described below in
Plaintiffs’ request for injunctive relief.
129. The requirements of Rule 23(b)(3) are met in that:
a. The questions of law common to the members of the Class
predominate over any questions affecting only individual
members.
b. A class action is superior to other methods for the fair and
efficient adjudication of this controversy. Because the damages
suffered by many individual members of the Class may be
relatively small in relation to the costs of litigation, the expense
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 33 of 54
34
and burden of individual litigation make it difficult, if not
impossible, for members of the Class to redress the wrongs done
to them individually. Furthermore, many of the members of the
Class may be unaware that claims exist against Defendants.
c. Plaintiffs know of no difficulty that will be encountered in the
management of this litigation that would preclude its
maintenance as a class action. The names and addresses of the
members of the Class are available from Defendants. Notice will
be provided to the members of the Class via first class mail and/or
by the use of techniques and a form of notice similar to those
customarily used in class actions.
COUNT I
VIOLATION OF THE MARYLAND CONSUMER PROTECTION ACT
MD. CODE, COMMERCIAL LAW § 13-102, et seq.
130. Plaintiffs re-allege all prior paragraphs of this Complaint.
131. Under the Maryland Consumer Protection Act (“CPA”), a landlord
engages in unfair or deceptive trade practices by lying, failing to tell the truth, or
making misleading statements that could have, or did, mislead a potential
tenant/renter.
132. A landlord engages in unfair or deceptive trade practices when making
a false or misleading oral or written statement, visual description, or other
representation that has the capacity, tendency or effect of deceiving the possible
tenant; representing that the property has a characteristic or use that it does not
have; representing that the property is of a particular standard, quality, or style that
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 34 of 54
35
it is not; failing to state a material fact if the failure deceives or tends to deceive;
making a false or misleading statement of the reason for offering the property at a
discounted price; and putting a clause in a lease that waives the tenant’s right to use
a legal defense.
133. Defendants, at the inception of Plaintiffs’ and the Class members’ leases,
knew their leases contained misleading or unenforceable terms and conditions,
placed illegal burdens on tenants and violated Maryland law or local ordinances
relating to residential premise rental, and made material misstatements or
omissions, which either had the tendency to or, in fact, did, mislead Plaintiffs and the
Class.
134. Defendants, through their agents, employees and/or subsidiaries, have
repeatedly violated the Maryland CPA by knowingly, recklessly, or intentionally
concealing, suppressing, misrepresenting, omitting, and/or failing to disclose
material facts regarding Defendants’ rents charged, rental properties, rental
practices, and practices as a landlord.
135. Defendants, through their agents, employees and/or subsidiaries, have
repeatedly violated the Maryland CPA by knowingly or recklessly making false or
misleading statements of fact and other representations regarding the characteristics
and benefits of their properties and property management services.
136. Defendants’ misrepresentations and unfair practices begin with
dissemination of misleading information on their websites and Anticipated Terms
documents, which are directed to tenants and their real estate agents and are
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 35 of 54
36
intended to induce prospective tenants to enter leases. These misrepresentations, as
set forth in paragraphs 3-6 and 26-55 above, falsely assure prospective tenants that
they will not be undertaking onerous obligations under the leases. Even if Defendants
could legally shift the burden of maintenance and repair onto tenants through their
leaseswhich as noted above, they have not donethese statements have the
capacity to deceive. Tenants later learn that Defendants’ leases and properties carry
repair and maintenance obligations tenants did not intend to take on.
137. Defendants’ misleading and unfair practices also include unlawful lease
provisions that deceive and mislead consumers into believing they (a) cannot
negotiate their monthly rental rates or cannot negotiate the purchase prices of the
home, while forcing them to sign agreements stating they in fact did, (b) must make
repairs to their rental homes that are not the tenants’ responsibility, (c) must pay for
renters’ insurance or use Defendants’ hand-picked “liability coverage” every month
to cover the maintenance of and physical damage to Defendants’ rental homes, (d)
representing to consumers that they take the property “AS IS” and must make and
pay for maintenance and repairs to Defendants’ rental homes, when the law requires
that Defendants, not tenants, keep the homes in compliance with applicable health
and safety laws, and (e) must pay for other lease administration fees such as the
HVAC filter fee, UBSF, Defendants’ attorneys’ legal fees.
138. With regard to liability coverage, Defendants induce tenants to enroll in
their Master Resident Liability Program by stating “Note that using an outside
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 36 of 54
37
provider may cost $20 a month or more,”
21
despite the fact that the program does not
cover the tenant’s personal property. Defendants automatically enroll tenants,
including Plaintiffs, in the Master Resident Liability Program.
139. Defendants and their agents have violated the CPA by telling Plaintiffs
and class members that are were obligated to pay illegal fees that were not legally
enforceable.
140. Defendants also mislead tenants as to nature, characteristics and
alleged benefits of the fees assessed throughout the tenancy. The form leases are
drafted in Illinois, at Defendants’ principal place of business, with the advice of their
outside counsel, who are also located in Chicago, Illinois.
141. These fees include:
a. The MRLP: As described in paragraphs 73-84 above, Defendants
require tenants to comply with their “liability coverage”
requirement for “damage to our property during your lease
term.”
22
Defendants’ “liability coverage” is substance over form
in reality, Defendants have engaged in the unlicensed sale of
insurance. Defendants automatically enroll tenants in their
Master Resident Liability Program for $13 per month.
21
https://app.pathlightmgt.com/help/detail/Move-In-and-Liability-
Coverage/11116760063771/Can-I-use-an-outside-liability-coverage-provider (last
visited December 4, 2023)
22
https://app.pathlightmgt.com/help/detail/Move-In-and-Liability-
Coverage/360043425512/Am-I-required-to-have-renter's-insurance (last visited
December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 37 of 54
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Defendants induce tenants to enroll in their Master Resident
Liability Program by stating “Note that using an outside provider
may cost $20 a month or more,”
23
despite the fact that the
program does not cover the tenant’s personal property.
b. UBSF: As described in paragraphs 85-91 above, Defendants’
websites and Anticipated Terms represent their monthly UBSF
is “to reimburse for utilities and service paid for by Landlord.” In
reality, it covers the administrative costs of hiring a third party,
Conservice, to bill tenants for utilities that normally must be kept
in the landlord’s name, such as water, sewer, and trash. While
tenants are also billed for the underlying water, sewer, and trash
costs, they must also pay-to-pay for these utilities. This fact is not
disclosed in leases, nor in any “Anticipated Terms” sent to
Plaintiffs and prospective tenants. Defendants’ leases are entirely
silent on the nature and purpose of this fee.
c. HVAC filter fee: As described in paragraphs 92-93 above, until
recently, Defendants required tenants to participate in a
mandatory HVAC filter program, through which they charged
tenants a mandatory $15 fee each month for HVAC air filter
replacements. Defendants represent their mandatory HVAC
23
https://app.pathlightmgt.com/help/detail/Move-In-and-Liability-
Coverage/11116760063771/Can-I-use-an-outside-liability-coverage-provider (last
visited December 4, 2023)
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 38 of 54
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filter program “ensures that you have the best possible air quality
in your home.” This fee misleads tenants into believing it is their
responsibility to keep the homes in compliance with state and
municipal law, when it is actually Defendants’ responsibility.
Defendants further represent “[e]ach shipment contains the exact
number of high-quality filters your home needs at the time you
need to change them.” Defendants mark up the cost of the air
filters, but do not disclose this markup to tenants. The air filters
cost Defendants $9 per month. Thus, Defendants receive $6 per
month per tenant.
d. Legal service fees: As described in paragraphs 94-95 above,
Defendants assess legal fees on Plaintiffs’ and other tenants’
ledgers for outside attorneys to review tenants’ ledgers and files,
regardless of whether Defendants bring an eviction action and
regardless of whether they prevail in an eviction action.
Defendants also assess these legal fees in the future.
142. Defendants intended to induce Plaintiffs and the Class rely on their
misrepresentations and omissions in promoting and renting Defendants’ rental
properties.
143. Plaintiffs and the Class relied on Defendants’ misrepresentations and
omissions with regard to the quality and standard of Defendants’ rental properties
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 39 of 54
40
and rental practices when selecting the homes they would rent and prior to signing
their lease agreements.
144. Thus, Defendants’ conduct, practices, and actions described in this
Complaint, with the intent that others rely thereon in connection with Defendants’
rental practices, constitute multiple separate violations of the Maryland CFA.
145. Defendants’ unfair or deceptive acts or practices had a tendency or
capacity to mislead and create a false impression in consumers, and were likely to,
and did in fact, deceive reasonable consumers, including Plaintiffs and the Class,
about the true nature of Defendants’ rental properties, rental practices, and landlord
practices, and the maintenance and repair obligations the tenants were required to
assume under the leases.
146. Defendants’ misrepresentations and omissions were material to
Plaintiffs and the Class because they impact basic human needs: shelter, health and
safety.
147. Had Plaintiffs and the Class known the truth and true value of
Defendants’ rental properties, they would not have rented a home through
Defendants, or they would have paid significantly reduced rent.
148. Plaintiffs and the Class had no way of discerning Defendants’
misrepresentations were false and misleading, and did not and could not have
unraveled Defendants’ deception on their own.
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149. As a result of Defendants' unfair and deceptive trade practices in
violation of the CPA, Plaintiffs were induced to make payments to Defendants in
excess of what is legal, causing them injury or loss.
150. Plaintiffs and the members of the Class seek to recover damages and
reasonable attorneysfees from Defendants.
COUNT II
VIOLATION OF MD. CODE, REAL PROP. § 8-208
151. Plaintiffs re-allege all prior paragraphs of this Complaint.
152. Under Md. Code, Real Prop. § 8-208(d), a landlord may not use a lease
or form of lease that:
a. Has the tenant agree to waive or to forego any right or remedy
provided by applicable law;
b. Has the tenant waive the right to a jury trial;
c. Provides for a penalty for the late payment of rent in excess of 5%
of the amount of rent due for the rental period for which the
payment was delinquent.
d. Is against public policy and void pursuant to § 8-105 of this title
(§8-208(d)(7).
153. Defendants’ leases contain numerous provisions that violate § 8-208,
including those summarized above. See Ex. A.
154. Defendants have violated and continue to violate § 8-208(d) and (g) by
charging, attempting to collect and collecting penalties related to the late payment of
rent in excess of 5% the amount of rent due, and also misallocate tenants’ payments
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42
intended as rent first to non-rent and/or other illegal charges. Further, Defendants
do not allow Plaintiffs and other tenants to pay their rent unless these other illegal
charges and fees are also paid.
155. Under § 8-208(g)(l), any “lease provision which is prohibited by terms of
this section shall be unenforceable by the landlord.” Further, § 8-208(g)(2) allows for
the tenant to recover actual damages and reasonable attorneys fees if the landlord
“tenders a lease containing such a provision or attempts to enforce or makes known
to the tenant an intent to enforce any such provision.”
156. Plaintiffs and the Class had no ability to negotiate any lease term.
157. Plaintiffs and the Class could not mitigate their damages due to
Defendants’ use and enforcement of illegal leases.
158. Plaintiffs and the Class are entitled to damages, including reasonable
attorney’s fees, declaratory relief, and any further relief the Court deems just and
proper.
COUNT III
BREACH OF MD. CODE, REAL PROP. § 8-211
159. Plaintiffs re-allege all prior paragraphs of this complaint.
160. Pursuant to Md. Code Ann., Real Prop. § 8-211(b), “[i]t is the public
policy of Maryland that meaningful sanctions be imposed upon those who allow
dangerous conditions and defects to exist in leased premises […]”
161. Maryland law imposes an obligation upon landlords to repair and
eliminate conditions and defects which constitute, or if not promptly corrected will
constitute, a fire hazard or a serious and substantial threat to the life, health or safety
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of occupants, including, but not limited to: (1) Lack of heat, light, electricity, or hot or
cold running water, except where the tenant is responsible for the payment of the
utilities and the lack thereof is the direct result of the tenant's failure to pay the
charges; (2) Lack of adequate sewage disposal facilities; (3) Infestation of rodents in
two or more dwelling units; (4) The existence of any structural defect which presents
a serious and substantial threat to the physical safety of the occupants; or (5) The
existence of any condition which presents a health or fire hazard to the dwelling unit.
Md. Code Ann., Real Prop. § 8-211(e).
162. Defendants have failed to remedy defective conditions in Plaintiffs’ and
Class Member’s rental properties within a reasonable time after receipt of notice.
Defendants have also failed to remedy defective conditions entirely despite receipt of
notice.
163. Defendants have breached Maryland law in multiple ways, including,
but not limited to:
a. Failing to remedy defects in the premises during the lease that
threaten tenant health and safety;
b. Failing to remedy defects in the premises at the inception of the
lease that affect health and safety of the tenant despite
Defendants’ actual or constructive notice of these defects;
c. Failing to remedy conditions causing mold and dampness;
d. Failing to provide running water;
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e. Failing to remedy malfunctioning appliances, plumbing and gas
facilities, heating facilities, and electrical equipment;
f. Failing to remedy pest infestations;
g. Failing to maintain floors, stairways and railings in good repair;
h. Failing to comply with all applicable building, housing, and
health codes;
i. Requiring tenants to sign leases stating that they have agreed to
perform maintenance and repairs and that such amounts have
been negotiated or agreed to, when in fact there is no writing
separate from the rental agreement, supported by adequate
consideration;
j. Representing to tenants that they take the properties “AS IS” and
without any warranty of habitability;
k. Inserting these obligations into their form contracts of adhesion
rather than an agreement that is separate and distinct from their
leases, by entering into these agreements in bad faith, with
inadequate consideration, and by foisting the burden of
maintenance and repair onto tenants who do not have the
requisite skills to perform the work required.
l. Requiring tenants pay a mandatory, monthly $15 fee for HVAC
air filter replacements to “ensure[] that you have the best possible
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air quality in your home” and to keep Defendants’ HVAC units in
working order.
164. Plaintiffs and the Class have provided written notice to Defendants of
the existence of the defects or conditions, and Defendants had, at all relevant times,
actual notice pursuant to Md. Code Ann., Real Prop. § 8-211(g).
COUNT IV
BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING
165. Plaintiffs re-allege all prior paragraphs of this Complaint.
166. Every agreement between Plaintiffs and Defendants includes terms and
conditions which are not formally expressed but are implied by law. These implied
terms are as binding as the terms that are in the written agreement.
167. Defendants’ residential leases contain a contractual duty of good faith
and fair dealing that includes, but is not limited to, maintaining their rental
properties in accordance with state law, including but not limited to refraining from
the unfair, deceptive and misleading practices described herein.
168. Defendants control the performance of virtually every term of their
contractual relationship with tenants, including, but not limited to:
a. The method and manner of rent payments;
b. the type of insurance tenants must carry and what that insurance
covers;
c. the manner in which tenants pay utilities;
d. the type, cost and delivery of mandatory HVAC filter
replacements;
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 45 of 54
46
e. whether Defendants or tenants are responsible for certain
repairs;
f. whether Defendants will agree to make requested repairs and
maintenance;
g. the length of time tenants must wait for maintenance and repairs
to be completed (if at all);
h. forcing tenants to be on-site at the rental property when
maintenance and repairs are to occur;
i. whether Defendants will accept rent payment through the
resident portal; and
j. deductions from tenants’ security deposits upon termination of
the lease.
169. Defendants’ residential leases contain provisions that defer a decision
regarding performance terms of the contract, leaving Defendants with the sole power
to control the terms of performance after formation.
170. Defendants’ obligation to abide by the duty of good faith and fair dealing
is heightened by the imbalance of power between Plaintiffs and Defendants. This
substantial imbalance allows Defendants to implement the business scheme
described herein and incorporated by reference. Defendants maintain unilateral
discretion under their written agreements, which they abuse in bad faith.
171. Defendants’ actions and uniform course of conduct, including, but not
limited to their unfair and deceptive practices, constructive refusal to make repairs
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 46 of 54
47
and maintenance, and their unduly delay of repairs, breach their duty of good faith
and fair dealing and unjustifiably hinder Plaintiffs’ performance under the contracts.
172. Further, Defendants’ practices defy the reasonable expectations of
Plaintiffs and the Class in entering into the landlord-tenant relationship, including,
without limitation:
a. Their reasonable expectations that the property is “professionally
managed” with “excellent customer service” and 24/7 emergency
maintenance service”;
24
b. Their reasonable expectations that their landlord will make
timely repairs and maintenance;
c. Their reasonable expectations that they will not be responsible
for paying out-of-pocket for maintenance and repairs to the
landlord’s property;
d. Their reasonable expectations that they will be permitted to use
Defendants’ rental portal and 800 numbers at all times for
purposes of making a maintenance request, whether routine or
emergency;
e. Their reasonable expectations that they will be permitted to
make, and for Defendants to accept, full or partial payments of
rent amounts charged, whether such amounts are past due or
current.
24
https://www.pathlightmgt.com/search (last visited December 4, 2023).
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 47 of 54
48
173. Defendants have acted in bad faith by refusing to perform their
contractual duties, effectively foisting the burden of maintaining their homes onto
their tenants to generate more revenue and cut their own costs.
174. Plaintiffs have not impeded Defendants from performing their
obligations under their lease agreements in any way.
175. As a direct and proximate cause of Defendants’ breach of the implied
duty of good faith and fair dealing, Plaintiffs and the Class have suffered injury and
damages.
COUNT V
RESCISSION
176. Plaintiffs re-allege all prior paragraphs of this Complaint.
177. Defendants control virtually every aspect of Plaintiffs’ lease agreements
as set forth in the general allegations hereof in paragraphs 7-12 and 41-95.
178. Defendants’ lease agreements illegally and unfairly advantage
Defendants through their misleading statements and deceptive practices, as
described in this Complaint, with the intent that others rely thereon in connection
with the rental or sale of their residential properties. Those practices include
Defendants’ unlawful lease provisions that deceive and mislead consumers into
believing they (a) cannot negotiate their monthly rental rates, while forcing them to
sign agreements stating they in fact did, (b) must make repairs to their rental homes
because they are rented in an “AS-IS” condition or because Defendants say the repair
is ”resident responsibility,” and (c) must pay for renters’ insurance or use Defendants’
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 48 of 54
49
hand-picked “liability coverage” every month to cover the maintenance of and
physical damage to Defendants’ rental homes.
179. Defendants represent to consumers that they must pay for their renters’
insurance every month to cover all maintenance of their rental homes when Illinois
law requires they, not their tenants, maintain the premises in accordance with the
warranty of habitability, illegally shifting the burden of maintaining Defendants’ own
properties onto their renters.
180. Defendants’ form lease agreements are unconscionable contracts of
adhesion, which are unenforceable as contrary to the public interest, policy and law.
181. Defendants’ lease agreements deny consumers the legally cognizable
warranty of habitability.
182. Plaintiffs and the Class have incurred out-of-pocket expenses for
maintenance costs associated with their leases that should never have been their
responsibility to pay as a direct result of the terms of the lease agreement.
183. As a direct and proximate result of Defendants’ conduct, Defendants
have received substantial benefits to which they have no entitlement, at Plaintiffs’
and Class Members’ expense, including maintenance costs, rent hikes, insurance
premiums and other expenses.
184. Plaintiffs and the Class are entitled to compensation for all of the
expenses they were illegally required by Defendants to bear, and that Defendants
should have but did not pay.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 49 of 54
50
COUNT VI
UNJUST ENRICHMENT
185. Plaintiffs re-allege all prior paragraphs of this Complaint.
186. Plaintiffs and the Class conferred a benefit on the Defendants by, among
other things, paying rent and for the costs of maintenance that Defendants should
have paid.
187. Defendants voluntarily accepted and retained through today the
benefits conferred by Plaintiffs and the Classes’ rent payments, illegal fees, and
maintenance costs. The circumstances are such that it would be inequitable for the
Defendants to retain these payments.
188. Defendants consciously accepted the benefits that Plaintiffs and the
Class conferred and those benefits were not conferred gratuitously.
189. Plaintiffs and the Class conferred these unjust benefits upon
Defendants after and as a result of Defendants illegal misconduct as described in
paragraphs 7-12 and 41-95 herein.
COUNT VII
DECLARATORY RELIEF
190. Plaintiffs re-allege all prior paragraphs of this Complaint.
191. An actual controversy has arisen between Plaintiffs and the Class on
one hand, and Defendants on the other hand, relating to the following matters:
a. Whether Defendants have unlawfully imposed maintenance,
repair, and payment burdens and obligations on Plaintiffs under
form contracts of adhesion.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 50 of 54
51
b. Whether Defendants have unlawfully failed to maintain the
homes rented by Plaintiffs and the Class.
c. What amounts Plaintiffs and the Class are entitled to receive in
compensation.
d. Whether Defendants unlawfully require tenants to procure
renters’ insurance to cover damage not caused by tenants to
Defendants’ building and structures, or to force place them in the
“liability coverage” of Defendants’ choosing.
e. Whether the provisions of Defendants’ form leases violate the
warranty of habitability and illegally thrust the burden of repair
onto to tenants.
f. Whether tenants can be forced to sign agreements stating they
either negotiated the rental or purchase price of the home when
in fact, no negotiations took place.
192. Plaintiffs and the Class further seek entry of declaratory judgment
under 28 U.S.C. § 2201 in their favor which declares Defendants’ practices as
unlawful, and which provides for recovery of sums determined by this Court to be
owed by Defendants to the Plaintiffs and Class.
193. Defendants should be ordered to disgorge all fees in excess of those
permissible under Maryland law that they have obtained from Plaintiffs and the
Class as a result of collecting these illegal fees and costs.
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 51 of 54
52
COUNT VIII
INJUNCTIVE RELIEF
194. Plaintiffs re-allege all prior paragraphs of this Complaint.
195. Defendants will continue their illegal practices, including forcing
tenants to enter into and enforcing illegal contracts of adhesion.
196. Plaintiffs and the Proposed Class have been irreparably injured and
damaged, and are threatened with injury and damage, by Defendants’ continued,
unlawful refusal to maintain the homes Defendants themselves own, as well as
through Defendants’ continued use of misleading, unconscionable lease agreements,
and Plaintiffs and the Proposed Class have no adequate remedy at law.
197. Defendants have acted, and threatened to act, on grounds generally
applicable to the individual members of the Proposed Class, thereby making
appropriate preliminary and permanent injunctive relief enjoining Defendants and
their agents from continuing the unlawful practices alleged.
198. Defendants should be ordered to disgorge all fees in excess of those
permissible under Maryland law that they have obtained from Plaintiffs and the
Class as a result of collecting these illegal fees and costs.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully ask this Court to award judgment
against Defendants as follows:
1. Declaring that Defendants’ actions, as set forth above, constitute
multiple, separate violations of the common law warranty of habitability; Md. Code,
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 52 of 54
53
Real Prop. §§ 8-211 and 8-208; Md. Code, Commercial Law § 13-102, and; declaring
that Defendants’ form lease agreements are void;
2. Enjoining Defendants and their employees, officers, directors, agents,
successors, assignees, affiliates, merged or acquired predecessors, parents or
controlling entities, subsidiaries, and all other persons acting in concert or
participation with them, from engaging in deceptive practices and making false or
misleading statements in violation of Md. Code, Commercial Law § 13-102;
3. Enjoining Defendants and their employees, officers, directors, agents,
successors, assignees, affiliates, merged or acquired predecessors, parents or
controlling entities, subsidiaries, and all other persons acting in concert or
participation with them, from breaching the common law warranty of habitability;
4. Awarding judgment against Defendants for restitution and
disgorgement under the general equitable powers of this Court and any other
authority for all persons injured by Defendants’ acts as described in this Complaint;
5. Awarding Plaintiffs their costs and reasonable attorneys’ fees, as
provided by applicable law or equity, and as the Court deems just and proper.
6. Awarding prejudgment interest; and
7. Granting such further relief as provided by law or equity, or as the Court
deems appropriate and just.
Date: December 22, 2023
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
/s/ Thomas A. Pacheco
Thomas A. Pacheco (Bar No. 21639)
Case 8:23-cv-03490-LKG Document 1 Filed 12/22/23 Page 53 of 54
54
Scott C. Harris
(to seek admission pro hac vice)
900 W. Morgan St.
Raleigh, NC 27603
Phone: (919) 600-5000
Fax: (919) 600-5035
ATTORNEYS FOR PLAINTIFFS
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EXHIBIT A
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 1 of 90
Partial Summary of Residential Lease Agreement
The following is a summary prepared for informational purposes only and does not substitute, replace or alter the applicable lease
agreement with the tenant(s) identified below (“Lease”). In the event of a conflict between the Lease and the terms of this
summary, the terms and provisions of the Lease shall govern and control.
Premises Address: ________________________
Tenant (s):________________________ _______________________ ________________________ ______________________
(collectively)
Contact Info:
Email: _________________________
Estimated Commencement Date: ___________________
Last day of Initial Term: ___________________
Rent Due Date: 1st day of each month
Late Payment Fee: See Section 3 of
Lease
Security Deposit: _________________
Monthly Base Rent:
__________________
(yr. 1)
__________________
__________________
__________________
__________________
Initial Pet Fee: $ ______________________
(non-refundable)
(yr.2)
(yr.3)
(yr.4)
(yr.5)
PetRent:
__________________
__________________
__________________
__________________
__________________
FinalRent:
__________________
__________________
__________________
__________________
__________________
+
+
+
+
+
=
=
=
=
=
6290 Cracklingtown Road
Hughesville
MD
20637
Marcus Wendall Durham
Ayoka A Ross-Durham Jordan M Durham
Tyrique K Durham
09/04/2021
09/03/2022
5840.00
3380.00
2920.00
3030.00
3140.00
3260.00
HP Maryland I LLC
0.00
0.00
0.00
0.00
0.00
0.00
2920.00
3030.00
3140.00
3260.00
3380.00
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 1
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 2 of 90
DOCUMENT REVIEW ACKNOWLEDGEMENT
(HOME PARTNERS MARYLAND)
DocumentReviewAckmt:-IL-2018-01
Each of the undersigned persons identified as Tenant in the signature lines below (jointly and severally, Tenant”) acknowledges
and agrees that he/she has had the opportunity to consult with his/her legal counsel regarding the Residential Lease Agreement
(“Lease”), the Residential Right to Purchase Agreement together with the form Purchase Contract attached thereto (“RTP
Agreement”), the REALtech Title, LLC (“Escrow Agent”) Sole Order Escrow Instructions together with the Escrow
Instruction Agreement, together with all Exhibits and Addenda and other documents related to any of them, copies of which
were delivered to Tenant, as well as this Document Review Acknowledgement (“Acknowledgmentand collectively with the
foregoing referenced agreements, the Agreements”). Whether each of the Tenants has chosen to consult with his/her legal
counsel of choice regarding the Agreements or has voluntarily chosen to waive his/her right to consult with legal counsel, he/
she acknowledges, agrees and represents to ______________________, a Delaware limited liability company (“Home
Partners”) which is party to one or more of the Agreements, as follows:
1. he/she has completely read and voluntarily accepts the terms and conditions of each of the Agreements;
2. the terms of each of the Agreements shall not be construed against Home Partners, its affiliates, agents, successors or assigns,
or any other party because of that party's role in drafting or revising such Agreements, nor construed in favor of any party
because that party failed to understand the legal effect of the terms and conditions contained therein;
3. Home Partners has submitted (or will submit) an offer to purchase a property which has been selected by Tenant and that
will constitute the "Premises" as such term is used in the Agreements and which is identified below, which purchase offer
has only been submitted (or will be submitted) in express reliance upon (a) the execution and delivery of this
Acknowledgement by Tenant, (b) Tenant's acknowledged satisfaction with such Premises as well as the terms and conditions
contained in each of the Agreements (including, if available, the estimated costs for Home Partners to acquire and
rehabilitate the Premises, it being understood and agreed that the final costs thereof may not be known as of the date hereof,
and are subject to adjustment as set forth in the Agreements), such satisfaction being confirmed by virtue of Tenant's
execution and delivery of this Acknowledgement, the Lease and the RTP Agreement to Home Partners, and (c) Tenant's
irrevocable offer to execute and deliver to Home Partners each of the Agreements in the event Home Partners offer to
purchase the Premises (as same may be modified) is accepted by the current owner thereof (Purchase Offer”), without
further negotiation or modification by Tenant, and after the blanks contained in the Lease and the RTP Agreement have
been filled in with the deal-specific information (for example, the name(s) of Tenant and the Purchase Right Holder, the
address of the Premises, the lease term dates, the rent schedule, the amount of the security deposit, the purchase price of the
Premises during each year of the Lease term, town-specific addendums (if any) requiring provisions mandated by law, etc.);
4. the submission of this Acknowledgment executed by Tenant to Home Partners shall constitute (a) Tenant’s irrevocable
authorization to Home Partners to make and enter into a Purchase Offer for the Premises (or a ratification of such
authorization if such Purchase Offer has already been made based upon the verbal commitment of Tenant to sign the
Agreements) and (b) an irrevocable offer by Tenant to enter into the Agreements if the Purchase Offer is accepted by the
owner of the Premises, without which Home Partners would not be making a Purchase Offer or pursue such purchase to
completion;
5. simultaneously with the submission of this Acknowledgment executed by Tenant to Home Partners, Tenant will deliver to
Home Partners a deposit in the amount of $_______________________ (“Deposit”) which shall be in the form of cashier’s
check, money order or other immediately available funds. The Deposit will initially be held as a good faith deposit under
this Acknowledgement (and shall be deposited by Home Partners into a sole order escrow with the Escrow Agent upon the
full acceptance and execution of the Purchase Offer). Upon the later to occur of (a) the full execution and delivery of the
Lease and the RTP Agreement by Tenant and Home Partners and (b) the acquisition of title to the Premises by Home
Partners, the Deposit shall automatically be credited toward the Security Deposit required under the Lease; provided,
however that (i) if the amount of the Deposit is insufficient to cover all Security Deposit amounts required by the Lease,
then Tenant shall immediately deposit any Security Deposit short-fall to Home Partners in accordance with the terms of the
Lease and (ii) if the amount of the Deposit exceeds the amount of the Security Deposit required by the Lease, then Home
Partners shall apply such excess amount to the Rent then due and coming due under the Lease or, if required by Applicable
Law, refund such excess amount to Tenant;
6. Tenant acknowledges that Home Partners shall have incurred significant costs in an attempt to purchase (or the actual
purchase of) the Premises and SPECIFICALLY ACKNOWLEDGES AND AGREES THAT HOME PARTNERS
SHALL HAVE THE RIGHT TO RETAIN THE DEPOSIT MADE UNDER THIS ACKNOWLEDGMENT (PRIOR
TO THE APPLICATION OF SUCH DEPOSIT BY HOME PARTNERS AGAINST THE SECURITY DEPOSIT
REQUIRED UNDER THE LEASE AS DESCRIBED IN PARAGRAPH 5 ABOVE), (a) TO REIMBURSE HOME
PARTNERS FOR ITS OUT-OF-POCKET COSTS AND EXPENSES INCURRED IN CONNECTION WITH
PURCHASING OR ATTEMPTING TO PURCHASE THE PREMISES (INCLUDING, BUT NOT LIMITED TO,
PROCESSING TENANT’S APPLICATION AND SCREENING TENANT FOR THE HOME PARTNERS’ LEASE
5840.00
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 2
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 3 of 90
2
DocumentReviewAckmt:-MD-2018-01
WITH RIGHT TO PURCHASE PROGRAM, INSPECTION COSTS, THIRD PARTY PROFESSIONAL COSTS,
CLOSING COSTS, REHABILITATION COSTS OF THE PREMISES, ATTORNEYS’ FEES AND SIMILAR
COSTS; COLLECTIVELY, “TERMINATION COSTS”) AND (b) TO THE EXTENT THAT THE AMOUNT OF
THE DEPOSIT SO RETAINED BY HOME PARTNERS EXCEEDS THE AGGREGATE AMOUNT OF THE
TERMINATION COSTS, SUCH DIFFERENCE SHALL BE DEEMED TO BE LIQUIDATED DAMAGES TO
COMPENSATE HOME PARTNERS FOR THE LOSS OF ITS BARGAIN (TENANT ACKNOWLEDGES AND
AGREES THAT THE AMOUNT OF HOME PARTNERS’ ACTUAL DAMAGES IN SUCH CIRCUMSTANCE
WOULD BE DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE AND THAT THE AMOUNT OF THE
DEPOSIT IN EXCESS OF THE TERMINATION COSTS ARE A REASONABLE ESTIMATE OF DAMAGES
AND NOT A PENALTY), in the event Tenant changes its mind or fails to execute and deliver all of the remaining
Agreements (or attempts to revoke same if delivered prior to the full execution and delivery thereof by Home
Partners);
_____________________ (Tenants’ Initials)
7. Tenant acknowledges that Home Partners shall have expended significant time and resources in connection with reviewing
any application and/or documentation submitted by Tenant and its efforts to make a Purchase Offer for the Premises
(whether accepted by the seller or not) and agrees that should Tenant fail to consummate the transactions contemplated by
the Agreements, then Tenant agrees that for a period of seven (7) years after the date below (the Restricted Term”), each
Tenant shall be disqualified from participation in the Home Partners Lease with a Right to Purchase Program and none of
them shall submit an application for any such (or similar) program with Home Partners or its affiliates and in the event such
application is made, Tenant acknowledges and agrees that Home Partners and/or its affiliates shall have the right during the
Restricted Term to disapprove any application for a lease or residency made by any of them;
8. the terms of this Acknowledgement shall be binding on Tenant whether or not the remainder of the Agreements are executed
(in whole or in part) or if executed, later terminated; and
9. the common address of the Premises is: ___________________________________________________________.
10. If Tenant disputes Home Partners’ right to collect and/or retain all or any portion of the Deposit or if there are any
controversies related to the Deposit or this Acknowledgment, then Tenant agrees that it must submit the claim, dispute or
controversy to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
Each party shall pay its own attorneys’ fees, costs, and expenses including any filing, appearance or other arbitration fees.
If Tenant files suit instead of instituting arbitration proceedings, then Tenant shall pay Home Partners’ reasonable attorneys’
fees, costs and expenses, including court costs, seeking to compel arbitration in accordance with this agreement to arbitrate
and the terms contained in this Paragraph shall supersede any conflicting provisions of the American Arbitration
Association. Tenant shall not be entitled to any consequential, incidental or exemplary damages. For the avoidance of
doubt, the terms of this Paragraph pertaining to arbitration shall pertain solely to resolution of who is entitled to retain the
Deposit pursuant to this Acknowledgement and shall not apply to any of the other Agreements.
Tenant and Home Partners has each executed this Document Review Acknowledgment as of the date written below.
TENANT:
______________________________________________
Name:
______________________________________________
Name:
______________________________________________
Name:
______________________________________________
Name:
Date:
_________________________
Acknowledged and agreed to by the undersigned as of
_______________________________:
_______________________,a Delaware limited liability
company
By:______________________________________
Printed Name: ___________________________
Title: Authorized Agent
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
7/27/2021
8/24/2021
Ex. A - 3
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 4 of 90
Tenant Name: ________________________________________
Premises Address: _____________________________________
Escrow InstructionAgmt: MD: 2018-01
ESCROW INSTRUCTION AGREEMENT
Each of the undersigned persons who collectively constitute the Tenant for purposes hereof, understands agrees
and acknowledges that ________________________, a Delaware limited liability company (“Home Partners”)
has submitted a purchase offer to buy that certain residential property
located at ___________________________________________________________________________ that
will constitute the "Premises" as such term is used in the Residential Lease Agreement (“Lease”) and the Residential
Right to Purchase Agreement (“RTP Agreement and collectively with the Lease and any Addenda thereto, the
Agreements”), which purchase offer was submitted in reliance on the Tenant’s acknowledgment that it has both
selected and confirmed its satisfaction with both the Premises and all of the terms and conditions contained in the
Agreements together with the Document Review Acknowledgment executed by Tenant, and REALtech Title, LLC
(“Escrow Agent”) Sole Order Escrow Instructions, copies of which have been provided to Tenant (collectively, the
Final Documents”) and the unconditional commitment on behalf of the Tenant to execute and deliver to Home
Partners the Final Documents, without further negotiation or changes.
Home Partners offer to purchase the Premises has been accepted by the current owner of the Premises. Concurrently
with the execution of this Escrow Instruction Agreement, Tenant (a) shall execute and deliver to Home Partners the
Lease, the RTP Agreement and the Document Review Acknowledgment, (b) unconditionally and irrevocably agrees
that Home Partners shall have the right to issue a written sole order direction substantially in the form of Exhibit A
attached hereto to Escrow Agent to release to Home Partners (or as Home Partners shall direct) the Deposit previously
submitted by Tenant to Home Partners (which was previously deposited into escrow pursuant to the Sole Order Escrow
Instructions) upon the earlier to occur of (i) the closing of the purchase of the Premises by Home Partners (or its
assignee) from the current owner thereof or (ii) Home Partners becoming entitled to all or any portion of such funds
pursuant to the terms of any of the Final Documents, (c) acknowledges that the sole condition to Home Partners right
to collect and retain the escrowed funds is either of the reasons identified in (b) above, and (d) shall promptly be mailed
a copy of the sole order direction submitted by Home Partners to Escrow Agent for return of the funds if such demand
is made pursuant to subsection (b)(ii) above.
If Tenant claims all or any portion of the escrowed funds or disputes Home Partners right to collect, direct and/or
retain the escrowed funds or if there are any controversies related to the escrowed funds, the escrow, the Sole Order
Escrow Instructions or this Escrow Instruction Agreement, then Tenant must submit the claim, dispute or controversy
to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Each
party shall pay its own attorneys fees, costs, and expenses including any filing, appearance or other arbitration fees.
If Tenant files suit instead of instituting arbitration proceedings, then Tenant shall pay Landlord's reasonable attorneys’
fees, costs and expenses, including court costs, seeking to compel arbitration in accordance with this arbitration
agreement. Tenant shall not be entitled to any consequential, incidental or exemplary damages. The terms of the
arbitration agreement shall supersede any conflicting provisions of the American Arbitration Association. For the
avoidance of doubt, the terms of the arbitration agreement shall not apply to the Lease, the RTP Agreement or any of
the other Final Documents, but shall only pertain to resolution of the escrowed funds pursuant to this Escrow Instruction
Agreement.
ACKNOWLEDGED AND AGREED TO this date: ____________________________________.
TENANT:
___________________________________________
Name: _________________________
___________________________________________
Name: _________________________
___________________________________________
Name: _________________________
___________________________________________
Name: _________________________
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
8/24/2021
Ex. A - 4
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 5 of 90
Tenant Name: ________________________________________
Premises Address: _____________________________________
Escrow InstructionAgmt: MD: 2018-01
EXHIBIT A
TO ESCROW INSTRUCTION AGREEMENT
REALtechTitle,LLC
________________________
Date: __________________
ESCROW ACCOUNT NUMBER: ______________
ADDRESS OF PREMISES: ______________
Ladies and Gentlemen:
Pursuant to the Sole Order Escrow Instructions entered into by the undersigned for the above-referenced
Escrow and Address of Premises, effective immediately, the undersigned hereby orders and directs
REALtechTitle,LLC, as Escrowee, to deliver all amounts previously deposited with it as Escrowee pursuant to
the above Escrow Account Number, to ________________________, a Delaware limited liability company(or
as the undersigned shall direct), together with any interest that may have been earned thereon, pursuant to such
instructions as the undersigned or its legal representatives or assigns provide.
________________________,a Delaware limited liability company
By:__________________________________________
Name:
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
HP Maryland I LLC
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
8/24/2021
Ex. A - 5
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 6 of 90
Tenant Name: _____________________________________ Page 1
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
RESIDENTIAL LEASE AGREEMENT
(HOME PARTNERS MARYLAND)
This Residential Lease Agreement (the Lease”) is made and entered into effective as of the Effective Date (defined
below) by and among ____________________________________________________________________________________
(individually or if more than one person is named, collectively, Tenant”) and , a Delaware limited
liability company (“Landlord).
WHEREAS, Landlord desires to lease the Premises (defined below) to Tenant upon the terms and conditions contained
herein and Tenant desires to lease the Premises from Landlord on the terms and conditions contained herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and obligations stated herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree that
the recitals set forth above are incorporated into this Lease as though fully set forth below, and otherwise agree as follows:
1. BASIC LEASE INFORMATION.
A. Effective Date” shall have the meaning set forth on the signature page of this Lease.
B. Household Membersshall mean Tenant and each of the following people who shall be members of the household:
Name: _______________________________ Name: _______________________________
Name: _______________________________ Name: _______________________________
C. Landlord Notice Address” shall mean:
Attn: General Counsel
Telephone: (877) 234-5155
Email: notices@homepartners.com
FAX: (312) 780-1669
With a copy to:
c/o Pathlight Property Management
Attn: Property Manager
Telephone: (800) 527-5030
FAX: (866) 221-8563
D. Monthly Base Rentshall mean $___________________ per calendar month during the Initial Term. Effective as
of the first day of each Renewal Term, the Monthly Base Rent amount shall be increased to the following amount
specified for such Renewal Term (subject to adjustment in accordance with the terms of this Lease):
LEASE TERM ANNUAL BASE RENT MONTHLY BASE RENT
Initial Term (Year 1) $ $
First Renewal Term (Year 2) $ $
Second Renewal Term (Year 3) $ $
Third Renewal Term (Year 4) $ $
Fourth Renewal Term (Year 5) $ $
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
35040.00
36360.00
37680.00
39120.00
40560.00
2920.00
3030.00
3140.00
3260.00
3380.00
HP Maryland I LLC
HP Maryland I LLC120 S. Riverside Plaza, Suite 2000,
Chicago, IL 60606
6500 International Pkwy #1100
Plano, TX 75093
2920.00
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
6290 Cracklingtown Road, Hughesville, MD 20637
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 6
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 7 of 90
Tenant Name: _____________________________________ Page 2
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
E. Payments of Rent (as defined in Section 2.T) and all other amounts due under this Lease shall be made payable to
the order of: “and shall be paid at the following address or such other name
andaddress as Landlord shall, from time to time, designate in writing:
Telephone: (800) 527-5030
F. "Premises" shall mean the real property (together with improvements located thereon owned by Landlord) having
a street address of: _______________________________________________________________________.
G. "Security Deposit" shall mean an amount equal to $________________________. By its execution of this Lease,
Landlord acknowledges receipt of a Security Deposit from Tenant in the total amount of $_________________
and this statement shall constitute a receipt for purposes of Applicable Law.
H. Tenant’s Notice Address” shall mean the Premises (and _____________________________________________
__________________ for information purposes only) and Email shall be _______________________.
I. Tenant Notice Recipientshall mean _____________________________________.
J. Utility Billing Service Fee” shall mean an amount equal to $_________ per calendar month.
K. Utility One-Time Feeshall mean an amount equal to $___________, which shall be due and payable on or before
the first day of the month immediately following the month in which the Commencement Date occurs (for the
avoidance of doubt, if the Commencement Date is February 1 or February 15, such amount shall be due and payable
on or before March 1).
2. DEFINITIONS. The following are definitions of some of the defined terms used in this Lease. The definitions of other
defined terms are found throughout this Lease. Capitalized terms used in this Lease which are not otherwise defined herein
shall have the meanings ascribed to them in the Right to Purchase Agreement, which is being signed concurrently with this
Lease.
A. "Additional Rent" shall mean any and all sums (exclusive of Monthly Base Rent and Pro-Rated Rent) that are
required to be paid to Landlord by Tenant hereunder, or which sums are deemed to be Additional Rent under this
Lease (including but not limited to Pet Rent, as defined in the Pet Addendum, as applicable).
B. Applicable Laws” shall mean, collectively, any and all laws, ordinances, statutes, rules, regulations and orders of
any and all governmental or quasi-governmental authorities or bodies applicable to the Premises.
C. "Business Day(s)" shall mean Mondays through Fridays exclusive of normal Federal holidays.
D. Business Hours” shall mean 9 a.m. through 5 p.m., Central Time.
E. Commencement Dateshall be the date that Landlord tenders possession of the Premises to Tenant which shall be
documented in the Commencement Date Notification.
F. Estimated Commencement Date is __________________.
G. "Expiration Date" shall mean 11:59 p.m. on the last day of the Term, as the same may be extended pursuant to
Paragraph 1.f.ii of the Right to Purchase Agreement.
H. First Renewal Term Start Datewill be the first day of the First Renewal Term, which shall be documented in the
Commencement Date Notification.
9.95
30.00
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
5840.00
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
5840.00
6500 International Pkwy #1100 Plano, TX 75093
09/04/2021
HP Maryland I LLC
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 7
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 8 of 90
Tenant Name: _____________________________________ Page 3
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
I. HOA Rules” shall mean, collectively, all rules, regulations, declaration of covenants, conditions and restrictions,
and/or bylaws of any applicable homeowner association, master/umbrella association or condominium association
(“HOA”).
J. "Initial Term" shall mean a period of twelve (12) calendar months commencing on the Commencement Date.
Renewal Termshall mean each consecutive twelve (12) calendar month period immediately following the Initial
Term and starting on the First Renewal Term Start Date or previous Renewal Term. The Initial Term, as extended
by all effective Renewal Terms is referred to herein as the “Term.
K. Landlord’s Agents or Landlord Indemnitees shall mean in each case, collectively, any member, officer,
director, employee, agent (including Landlord’s property managers), representatives, personnel and assigns of
Landlord or any of its affiliates.
L. Landlord’s Rights and Remediesshall mean, collectively, each and every right and remedy contained in this
Lease, other written agreements among the parties relating to the Premises, or which is afforded to Landlord
pursuant to Applicable Laws or in equity.
M. Late Payment Fee” shall have the meaning set forth in Section 4.
N. Occupantsshall mean any of Tenant, Household Members, occupants, invitees, licensees, guests, visitors,
agents or employees or any person entering the Premises except Landlord and Landlord’s Agents.
O. Pro-Rated Rentshall mean the amount of Monthly Base Rent due for the month in which the Commencement
Date occurs. For example, if the Commencement Date is the first day of a calendar month, then the Pro-Rated Rent
shall be equal to the full amount of the Monthly Base Rent; however, if the Commencement Date is not the first
day of a calendar month, then the Pro-Rated Rent shall equal the Monthly Base Rent due for such month multiplied
by a fraction, the numerator of which is the number of days from and including the Commencement Date through
and including the last day of such month and the denominator of which is the number of days in such calendar
month (for example, if Monthly Base Rent equals $1,000 and the Commencement Date is April 16, then the Pro-
Rated Rent shall be equal to $500 (i.e., $1,000 x 15/30)).
P. Pro-Rated Rent Due Dateshall have the meaning set forth in Section 4, which shall be documented in the
Commencement Date Notification.
Q. Purchase Right Holder” shall mean all of the persons identified as such in the Right to Purchase Agreement.
R. Purchaser shall have the meaning set forth in the Right to Purchase Agreement.
S. Renewal Term” shall have the meaning set forth in Section 2.J.
T. Rent” shall mean all Monthly Base Rent, Pro-Rated Rent and Additional Rent together with any other amounts
due and payable by the Tenant under this Lease.
U. Right to Purchase Agreement or RTP Agreement shall mean that certain Residential Right to Purchase
Agreement of approximately even date herewith (together with any Addenda or amendments thereto), entered into
between Landlord and Purchase Right Holder.
V. Termshall have the meaning set forth in Section 2.J.
3. LEASE TERM. Subject to the terms and conditions of this Lease, the Right to Purchase Agreement, any other written
agreements among the parties pertaining to the Premises, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord,
for use as a private, single family dwelling/residence only, the Premises commencing on the Commencement Date and ending
on the Expiration Date. Unless Tenant is in default under any provision of this Lease or Purchase Right Holder is in
default of the Right to Purchase Agreement, upon each scheduled Expiration Date, the Term of this Lease will
automatically renew for one (1) additional Renewal Term unless Tenant shall have given Landlord written notice of
Tenant’s intention to terminate this Lease effective as of the then-scheduled Expiration Date, which notice
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 8
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 9 of 90
Tenant Name: _____________________________________ Page 4
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
must be given at least sixty (60) days prior to the then-scheduled Expiration Date. Each Renewal Term shall be upon the
same terms and conditions as are contained in this Lease, except for the amount of the Monthly Base Rent. Notwithstanding
anything contained herein or in the Right to Purchase Agreement to the contrary, (a) the Term shall not automatically renew
at the end of the Fourth (4
th
) Renewal Term and (b) the last day of the Term shall be no later than the last day of the Fourth
Renewal Term.
Each Tenant acknowledges and agrees that his or her right to continue leasing and/or occupying the Premises may cease
sooner than the scheduled Expiration Date in the event (i) the Purchase Right Holder purchases the Premises, in which event the
Term of this Lease shall terminate effective as of the actual Closing Date (as defined in the Right to Purchase Agreement) or (ii)
Landlord terminates this Lease in the event of a default by Tenant under this Lease. If Tenant is in default of this Lease, Landlord
shall have the right to exercise Landlord’s Rights and Remedies including the right to terminate this Lease (that would
automatically result in a termination of the Right to Purchase Agreement) or the right to notify Tenant that this Lease shall
expire upon the expiration of the then-existing Term and shall not automatically renew for any subsequent Renewal Term.
Except where required by Applicable Laws, this Lease will not renew on a month-to-month basis under any circumstances. Tenant
may have rights under Applicable Laws to terminate this Lease in certain situations involving family violence, sexual assault or
military deployment or transfer.
If the Premises is part of an HOA and this Lease, Tenant and/or the Occupants must be approved by such HOA, then this
Lease is expressly contingent upon receiving such approvals from the HOA. Any application fee or separate security deposit
required by the HOA shall be paid by Landlord. If any required HOA approval is not obtained prior to the Estimated
Commencement Date (as same may be extended pursuant to Section 44), then upon notice from Landlord, this Lease shall
terminate and Tenant shall receive a return of any Security Deposit and pre-paid Rent. Tenant agrees to use due diligence in
applying for HOA approval and to comply with the requirements for obtaining approval. Furthermore, and notwithstanding
anything contained in this Lease to the contrary, in the event the HOA should amend or modify any applicable HOA Rules resulting
in the restriction or prohibition of Landlord’s right to lease the Premises to Tenant beyond the then-applicable Initial Term or Renewal
Term or in the event that the HOA refuses to approve the Lease and/or the Tenant for any applicable Renewal Term, then Landlord
shall have the right to terminate the Term of this Lease upon notice to Tenant, which notice shall be given promptly after Landlord
has actual knowledge of such HOA restriction or refusal. Upon the giving of such termination notice by Landlord, the Term of this
Lease shall terminate and expire effective as of the date set forth in such notice, which date shall be the then-scheduled Expiration
Date (or such earlier date as may be required by the HOA) and Tenant shall have no further rights to renew the Term of this Lease.
4. RENT AND LATE CHARGES. Tenant agrees to pay to Landlord the Monthly Base Rent together with any
Additional Rent in advance, and without demand, on or before 11:59 p.m. on the first day of every month during the Term at the
address contained herein for payment of Rent (or such other address as Landlord may designate in writing to Tenant) or pursuant to
an online rent payment system designated by Landlord or Landlord’s Agents). On or before three (3) Business Days after Tenant’s
receipt of notice that Landlord has closed on the acquisition of title to the Premises (thePro-Rated Rent Due Date”), Tenant shall
pay to Landlord the Pro-Rated Rent due for the month of the Commencement Date. If the Expiration Date is not the last day of a
calendar month, then the Monthly Base Rent for such last month of the Term shall be prorated based upon the number of days in
such calendar month. Landlord shall provide Tenant with a Commencement Date Notification, which form is attached hereto,
identifying the Commencement Date, Expiration Date and Pro-Rated Rent. If the first day of a Renewal Term is not the first day of
a calendar month, then the Monthly Base Rent for the month in which it occurs shall be prorated based upon the amounts payable
before and after the commencement of such Renewal Term.
Tenant agrees to make all Rent payments on or before the date when due and all Rent shall be paid by check or certified
funds (e.g., money order, wire transfer or cashier’s check). If payment is made by personal check, Landlord is authorized to scan the
check and convert it into a one-time electronic debit from the bank account against which the check was written. In addition to
Landlord’s Rights and Remedies, Tenant agrees to pay a service charge equal to the sum of Thirty-Five Dollars ($35.00) for each
check or other bank instrument tendered for payment of any of Tenant’s obligations hereunder that is returned, dishonored or unpaid
by the institution upon which it was drawn (whether for insufficient funds, stop payment or any other reason) or is a rejected electronic
payment (but in no event an amount that is higher than permitted by Applicable Law) to offset Landlord's administrative costs (each,
a Returned Payment and each such service charge, a Returned Payment Fee”). Returned Payment Fees shall be considered
Additional Rent. Additionally, after two (2) or more Returned Payments within any rolling twelve-month period or upon the
occurrence of a default by Tenant under this Lease, Landlord shall have the right to require Tenant to make all future Rent payments
with certified funds (e.g., money order, wire transfer or cashier’s check). Rent sent by U.S. mail or otherwise shall be deemed paid
on the date actually received by Landlord or Landlord’s Agent. This Section does not limit Landlord from seeking other remedies
under this Lease for Tenant’s failure to make timely payments of amounts due under this Lease with good funds.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 9
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 10 of 90
Tenant Name: _____________________________________ Page 5
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
If any portion of any required Rent payment is not received by Landlord on or before five (5) days from the date when due
including any Returned Payment (each such unpaid amount, an “Overdue Payment Amount”), then Tenant shall pay to Landlord, in
addition to such Overdue Payment Amount, a late fee” in the amount of five percent (5%) of the applicable Overdue Payment
Amount (not to exceed the maximum late fee permitted by Applicable Law) (each, a Late Payment Fee”) to cover administrative
expenses for the late payment. In the event that any such payment is due to a Returned Payment, Tenant shall also pay the Returned
Payment Fee in addition to the Late Payment Fee, plus any applicable bank fees. Tenant and Landlord each agrees that the Late
Payment Fee is based on a fair and reasonable estimate of uncertain damages and actual expenses incurred by Landlord as a result
of Tenant’s failure to pay Rent when due, and that the amount of actual expenses and damages are not susceptible to precise
calculation but include Landlord’s costs of communicating with Tenant regarding the late payment, loss of use of funds, and increased
accounting and administrative expenses resulting from the late payment of Rent. Landlord’s acceptance of a Late Payment Fee does
not waive any of Landlord’s Rights and Remedies. Any Late Payment Fees shall be automatically due and payable and considered
Additional Rent.
Timely payment of all sums due under this Lease by Tenant is an independent covenant of each and every other covenant
of this Lease. Tenant agrees that it shall not have the right to deduct, withhold or offset any portion of the Rent from any claim it
may have against Landlord, in any action by Tenant, except to the extent expressly authorized by Applicable Laws. Regardless of
any notation or restrictions on a check or money order, all sums received by Landlord from Tenant shall be applied to the oldest
outstanding monetary obligation owed by Tenant to Landlord (except if Applicable Law requires that it be applied in a different
order). After the applicable Rent due date, Landlord is not obligated to accept Rent payments, any Overdue Payment Amounts or
Rent in less than the full amount due, and Landlord’s refusal to accept such payments (or acceptance of less than the full amount
due) shall not constitute a waiver of any of Landlord’s Rights and Remedies, except as may otherwise be required by Applicable
Laws. Should Tenant fail to make timely Rent payments under this Lease, Tenant agrees to pay Landlord’s costs and expenses
incurred in collecting any such Rent, together with reasonable attorneys’ fees to the extent permitted under Applicable Law.
Furthermore, Tenant’s failure to make timely Rent payments shall constitute a default under this Lease and may result in its
termination by Landlord. It is understood and agreed that notwithstanding anything contained in this Lease to the contrary, in the
event any of Landlord's rights or remedies contained in this Lease are subject to, inconsistent with or are prohibited by the terms of
Applicable Laws, then Landlord's rights and remedies shall be limited so that they comply with and shall be subject to such
Applicable Laws. Likewise, nothing contained herein is intended to limit or interfere with any rights which are expressly granted to
Tenant pursuant to Applicable Laws and which are considered by such Applicable Laws to be non-waivable by Tenant. In construing
this Lease and the Right to Purchase Agreement, no provisions hereof or thereof shall require the performance or waiver of any
obligation or right, as applicable, which would violate Applicable Laws and any such provision shall be interpreted so as to comply
therewith. Notwithstanding any provision hereof to the contrary, the terms of this Lease shall be subject to, as limited by, and
applicable only to the extent permitted under Applicable Laws.
5. SECURITY DEPOSIT. Upon the last to occur of (i) the full execution and delivery of this Lease and the Right to
Purchase Agreement and (ii) Landlord’s acquisition of title to the Premises, all or a portion of the Deposit made by Tenant as required
by the Document Review Acknowledgment shall automatically convert to and become the Security Deposit required under this
Lease; however, (A) if it shall be insufficient to cover the entire required Security Deposit, then Tenant must deposit with Landlord
the shortfall within three (3) days after notice from Landlord (but in any event prior to Tenant gaining possession of the Premises)
and (B) if it shall exceed the Security Deposit required, the excess shall be credited against the Rent or Pro-Rated Rent then due. It
is understood and agreed that prior to the full execution and delivery of this Lease and the RTP Agreement, all funds deposited by
Tenant shall be deemed to be the “Deposit” under the Document Review Acknowledgment and not a security deposit or prepaid rent
under this Lease, unless Tenant is otherwise notified in writing by Landlord to the contrary.
The Security Deposit shall be held by Landlord as security for the complete performance by Tenant of each covenant and
obligation under this Lease, including the timely payment of Rent. The Security Deposit shall not be considered an advance payment
of Rent and Tenant is prohibited from applying any portion of the Security Deposit to Rent or other payments owed to Landlord and
may not be used to pay the last month’s Rent. The Security Deposit is not a measure of Tenant's liability for damages. Except and to
the extent otherwise required by Applicable Laws, Landlord shall have the right, from time-to-time, without prejudice to any other
remedy and without waiving such default, to use all or any portion of the Security Deposit to the extent necessary to cure or attempt
to cure, in whole or in part, any default of Tenant under this Lease subject to, and in accordance with, Applicable Laws. Following
any such application of the Security Deposit, Tenant shall pay to Landlord, within three (3) days after demand, the amount so applied
in order to restore the Security Deposit to its original amount. If Landlord transfers or assigns its interest in the Premises during the
Term, Landlord shall assign and transfer the Security Deposit to the transferee or assignee and to the maximum extent permitted by
Applicable Laws, Landlord shall thereafter have no further liability for the return of such Security Deposit. Landlord shall deposit
the Security Deposit and pay Tenant interest thereon as and to the extent required by Applicable Law.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 10
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 11 of 90
Tenant Name: _____________________________________ Page 6
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
Upon the expiration or earlier termination of this Lease and within the time periods required by and in accordance with
Applicable Law, Landlord will (I) notify Tenant of its intention to impose a claim on the Security Deposit and the reasons for
imposing such claim (including an itemized accounting of any set-offs or deductions made by Landlord from the Security Deposit)
which reasons may include, but shall not be limited to, to the extent permitted by Applicable Laws, the cost of: replacing any missing
keys, cleaning the Premises to the extent same was not cleaned in accordance with the terms of this Lease, repairing any damage to
the Premises (normal wear and tear excepted), repairing any damage caused by scratches or indentations caused by furniture or other
means in wood or resilient floorings within the Premises, cleaning, repairing or replacing more than normal wear and tear on floors
and carpeting, repairing, the cost of steam cleaning carpeting, re-painting and performing or taking such other actions as Landlord
deems reasonable to eliminate smells of smoke, pets, animals or other odors, restoring or replacing personal property, payment of
outstanding Rent obligations pursuant to this Lease, and any other reason permitted by Applicable Law and (II) refund to Tenant the
balance of the Security Deposit, if any, together with accrued but unpaid interest remaining after permitted deductions and
applications have been made therefrom.
Pursuant to Section 8-203 et seq. of the Real Property Article of the Annotated Code of Maryland,
Tenant is hereby notified of the following rights:
(a) Tenant shall have the right to have the Premises inspected by Landlord in Tenant’s presence for the
purpose of making a written list of damages that exist at the commencement of the Term, if Tenant so requests
by certified mail within 15 days of Tenant’s occupancy.
(b) Tenant shall have the right to be present when Landlord inspects the Premises at the end of the Term
in order to determine if any damage was done to the Premises, if Tenant gives Landlord Notice by certified
mail, at least 15 days prior to the date of Tenant’s intended move, of the Tenant’s intention to move, the date
of moving, and Tenant’s new address.
(c) Landlord shall conduct the inspection within 5 days before or after Tenant’s stated date of intended
moving.
(d) To the extent required by Applicable Law, Landlord shall give Tenant written notice of the inspection
date.
(e) Tenant shall have the right to receive, by first-class mail, delivered to Tenant’s last known address
within 45 days after termination of the tenancy, a written list of the charges against the Security Deposit
claimed by Landlord and the actual costs.
(f) Landlord shall return any unused portion of the Security Deposit, by first-class mail, addressed to
Tenant’s last known address, within 45 days after termination of the tenancy.
(g) Landlord’s failure to comply with the security deposit law, as set forth in Title 8 of the Real Property
Article of the Annotated Code of Maryland, may result in Landlord’s being liable to Tenant for a penalty of
up to three times the Security Deposit withheld, plus reasonable attorney’s fees.
(h) Landlord need not notify Tenant of Landlord’s intention to withhold all or any part of the Security
Deposit, if Tenant has been evicted or ejected for breach of condition or covenant of the Lease before termination
of the tenancy, or if Tenant has abandoned the Premises before termination of the tenancy. In that event, Tenant
may make demand for return of the Security Deposit by giving Landlord written notice by first class mail within
45 days after being evicted or ejected, or abandoning the Premises. The Notice shall specify Tenant’s new
address. Within 30 days after receiving that Notice, Landlord shall supply Tenant with a list of damages and
costs, by first-class mail.
If there shall be more than one Tenant who executes this Lease, any deductions to be made from the Security Deposit will
be joint and several, and Landlord shall not be liable for any understanding that may exist among two (2) or more Tenants as to the
portion of the Security Deposit that one Tenant may be entitled to, as opposed to another Tenant. Security Deposit refunds shall be
made by one check payable collectively to all Tenants or, at Landlord’s election, to any one Tenant, and shall be sent to the forwarding
address provided by the Tenant Notice Recipient (otherwise, it shall be mailed to the Premises for forwarding by the postal service)
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 11
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 12 of 90
Tenant Name: _____________________________________ Page 7
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
in accordance with Sections 25 and 39 below, in which event that Tenant shall be responsible for distribution of such refund and the
itemization, if any, to the other Tenants.
6. UTILITIES AND SERVICES. In addition to Monthly Base Rent, Tenant shall be responsible for obtaining and
paying the cost of all utilities and services provided to the Premises during the Term which are identified as Excluded Utilities &
Services (collectively, “Excluded Utilities & Services”) on Attachment A including any related deposits, connection, disconnection,
re-connection or other charges or fees charged by such utility or service provider. Tenant shall transfer and commence utility
service for each of the Excluded Utilities & Services into the name of one or more Tenant no later than 72 hours after the
Commencement Date, it being understood and agreed that if it shall fail to do so, then Tenant shall pay Landlord the sum of Fifty
Dollars ($50.00) as an administrative fee for each month or partial month where Tenant shall have failed to do so (and same shall
constitute Additional Rent which the parties agree is a fair and reasonable estimate of uncertain damages and actual expenses incurred
by Landlord as a result of Tenant’s failure as aforesaid) and subject to Applicable Laws, Landlord shall have the right to cause all
such Excluded Utilities & Services to be cancelled or disconnected without notice to Tenant. Landlord shall have the right, but not
the obligation, subject to Applicable Laws, to transfer water, sewer and/or garbage/trash removal service into Landlord’s name
notwithstanding that they are included within Excluded Utilities & Services (as well as any other Excluded Utilities & Services that
Tenant has failed to transfer into Tenant’s name), and bill Tenant for such services to the Premises during the Term as Additional
Rent which shall be due and payable with the next Monthly Base Rent payment. Except for amounts billed to Tenant by Landlord,
all Excluded Utilities & Services shall be paid by Tenant directly to the service providers. During the Term, Tenant shall not allow
Excluded Utilities & Services to be disconnected for any reason including due to Tenant’s failure to pay the same (but excepting
only when such failure is due to force majeure beyond Tenant’s reasonable control, or when the applicable system is to be repaired
or under repair). Tenant shall pay Landlord, as Additional Rent: (a) the Utility Billing Service Fee along with the Monthly Base
Rent for each month where Landlord provides Tenant a bill for reimbursement for any Excluded Utility & Service paid for by
Landlord plus (b) the Utility One-Time Fee on or before the date set forth in Section 1.K.
Landlord shall be responsible for payment of the utilities and services which are identified as Included Utilities & Services
(collectively, Included Utilities & Services”) on Attachment A including any related deposits, charges or fees. Landlord shall not be
liable for failure to furnish such Included Utilities & Services when such failure is beyond Landlord’s reasonable control, due to
force majeure, or when the applicable system is to be repaired or under repair, subject to Applicable Laws.
7. PETS/ANIMALS. No animals or pets (including but not limited to mammals, farm animals, livestock, fowl, vermin,
reptiles, birds, rodents, insects, poisonous and venomous creatures as well as fish tanks in excess of twenty (20) gallons [fresh or
saltwater]) (for purposes of this Lease, each shall be referred to as a “Pet”, whether approved or disallowed under this Lease or the
Pet Addendum) are allowed, even temporarily, anywhere on the Premises without Landlord’s prior written consent, which consent
may be withheld in Landlord’s sole discretion. As a condition of obtaining Landlord’s consent, Tenant must sign a separate “Pet
Addendumto this Lease (for the addition of each pet after the initial Pet Addendum) which may require the payment of separate
pet fees, separate deposits, pet rents and/or other charges (all of which shall be considered and collectable as Additional Rent for all
purposes under this Lease) and which may set limits on the number, types and weight of allowable pets.
8. USE OF PREMISES; COMPLIANCE. The Premises shall be used and occupied only as a private, single-family
dwelling/residence by Tenant and the Household Members identified in Section 1.B and no others except as Tenant may notify
Landlord in the case of minors who are under 18 years of age. Tenant shall not allow any other person to use or occupy the Premises
for more than 14 days within any one calendar month without Landlord’s prior written consent. No part of the Premises shall be used
at any time during the Term by any Occupant for the purpose of carrying on any business, profession, or trade of any kind, or for any
purpose other than as a private, single-family dwelling/residence; provided, however, that Tenant shall be entitled to have a home-
office provided that customers or clients do not visit the Premises and the same does not violate Applicable Laws or the HOA Rules.
Under no circumstances shall the Premises be used for the establishment and/or operation of a medical marijuana, cannabis
dispensary, cultivation site and/or infusion shop or kitchen.
Tenant shall ensure that all Occupants comply with all Applicable Laws and HOA Rules as well as any occupancy rules
and regulations of Landlord which Landlord may distribute from time to time and failure to comply with same will be considered
a default under the terms of this Lease. Tenant shall be responsible for any fees, penalties, charges or payments for violation of
any HOA Rules to the extent caused by or on behalf of any Occupant and if Tenant fails to timely pay the same, then Landlord
shall have the right to pay them on Tenant’s behalf which payments by Landlord shall be considered Additional Rent to be
included with the next Monthly Base Rent payment, it being understood and agreed that Landlord’s obligation to pay HOA dues
or fees as part of the Included Utilities & Services shall not include any such payments to the extent due to a violation or alleged
violation of HOA Rules by or on behalf of any Occupant.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 12
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 13 of 90
Tenant Name: _____________________________________ Page 8
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
9. DISCLOSURE RIGHTS. If a third party requests information on Tenant or Tenant’s rental history, whether for law-
enforcement or governmental purposes or otherwise pursuant to an order of any court of competent jurisdiction, Landlord may
provide such information as may be permitted by Applicable Law without claim from Tenant.
10. MOVE-IN CONDITION OF PREMISES. Tenant confirms that it has physically inspected the Premises and
acknowledges that the Premises are in good order and repair and in a safe and clean condition. No representations as to the condition
or repair of the Premises have been made by Landlord prior to or at the execution of this Lease that are not contained in this Lease.
Tenant will be provided with a Move-In Condition Form (Condition Form”) for the Premises on or before the Commencement Date
and, within three (3) Business Days after the Commencement Date, Tenant must sign and return one counterpart of the
Condition Form to Landlord’s Agent on which Tenant must note all defects or damage relating to the Premises existing as of the
Commencement Date (except to the extent such damage was caused by or on behalf of any Occupant). Tenant acknowledges that
any damage to the Premises beyond normal wear and tear which is not so noted on the Condition Form returned by Tenant will be
presumed to have been caused by Tenant; therefore, it is important to note any such damage and to timely return the Condition Form.
Except for the covenants of Landlord expressly contained in this Lease or other documents executed by Landlord, or as otherwise
required or specified by Applicable Laws, Tenant agrees that (a) it is leasing the Premises in its "AS-IS, WHERE-IS, WITH ALL
FAULTS" condition as of the Effective Date and specifically and expressly without any warranties, representations or guarantees,
either express or implied, as to its condition, fitness for any particular purpose, merchantability or any other warranty of any kind,
nature, or type whatsoever from or on behalf of Landlord, and (b) except as may be required by Applicable Laws, Landlord has no
obligation to perform any work, supply any materials, incur any expense or make any alterations or improvements to any portion of
the Premises. Notwithstanding the foregoing, nothing contained in this Lease, any addendum to this Lease, or the RTP Agreement
shall constitute, or be construed as, a waiver by Tenant of any statutory or other legal obligation on the part of Landlord to deliver or
maintain the Premises as required by Applicable Law, or any limitation on or impairment of Tenant’s recourse against Landlord with
respect thereto, to the extent same would be a violation of Applicable Law.
Attachment B to this Lease entitled State and Federal Disclosures contains a list, summary and/or copies of certain
disclosures provided by Landlord to Tenant prior to execution of this Lease and by its execution of this Lease, Tenant acknowledges
receipt thereof.
Landlord shall not discriminate against Tenant in the provision of services or in any other manner on the basis of race,
religion, sex, national origin, familial status or disability, nor on the basis of any class protected by Applicable Law.
11. TENANT SAFETY AND PROPERTY LOSS. Each Occupant must exercise due care for their safety and security,
especially in the use of smoke and carbon monoxide detectors, keyed deadbolt locks, window latches and other safety or security
devices. Tenant must promptly notify Landlord in the event any window or door locks are inoperable. Unless Landlord instructs
otherwise, during freezing weather conditions, Tenant must keep the Premises heated to at least 50 degrees Fahrenheit. Tenant will
be liable for damage to the Premises and others’ property if damage is caused due to violation of these requirements including but
not limited to, by frozen, leaking or broken water pipes. Tenant shall be responsible for maintaining the Premises (including
sidewalks and driveways) reasonably clean and free from dirt, weeds and rubbish, snow and ice (including ice melt or salting when
necessary) so that same are in a safe condition. Landlord has the right, but no obligation, to remove any ice, sleet, snow, dirt, weeds
and rubbish, and the cost thereof shall be considered and collectable as Additional Rent. Landlord makes no promise or in any way
guarantees the safety or security of any Occupant against the criminal actions of other Occupants or third parties, it being understood
and agreed that the responsibility of protecting Occupants and their property, family, guests, agents and invitees from acts of crime
is solely the responsibility of Tenant and law enforcement agencies. Landlord has not in any way stated or implied to Tenant that the
security of any person or property was or is provided or that the Premises and/or surrounding neighborhood has been or will be free
of crime.
Except as may be required by Applicable Laws, Landlord shall (a) not be liable to any Occupant or such Occupant’s
licensees or invitees, for injury, damage, or loss to person or property caused by criminal conduct of other persons, including theft,
burglary, assault, vandalism or other crimes, (b) not be obligated to furnish security personnel, security lighting, security gates or
fences, alarm systems or other forms of security, and (c) not be responsible for obtaining criminal-history checks on any Occupant.
If Tenant or any Occupant is affected by a crime involving damage to person or property or theft in or about the Premises, Tenant
must promptly notify Landlord and provide a written report to Landlord and to the appropriate law-enforcement agency and Tenant
also must furnish Landlord with the law-enforcement agency’s incident report number upon request. Tenant should dial 911 or
immediately call local rescue/emergency, fire, or police personnel in case of accident, fire, smoke, suspected criminal activity,
or other emergency involving imminent damage or harm in or about the Premises.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 13
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 14 of 90
Tenant Name: _____________________________________ Page 9
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
12. INSURANCE; LIMITATION OF LIABILITY. Landlord is not an insurer and does not maintain insurance to cover
the personal property, possessions or personal injury of any Occupant. Except to the extent required by Applicable Laws, Landlord
shall not be liable for any destruction, damage, loss of personal property, possessions or personal injury to any Occupant (including
as may be occasioned by fire, smoke, mold, rain, flood, leaking plumbing, gas or water pipes, water, snow, hail, ice, lightning, wind,
explosions, earthquake, interruption of utilities, theft, hurricane or other causes) or for any damage arising from acts, omissions or
neglect of Landlord or anyone claiming through Landlord, all of which are expressly waived by Tenant, to the maximum extent
waivable under Applicable Law.
Tenant agrees that all damage to personal property and possessions and any personal injury of any Occupant in the Premises
shall be at the risk of the owner of such personal property. During the Term, Tenant shall maintain in full force and effect, renter’s
insurance (“Renter’s Insurance) on an occurrence basis which must include (1) general liability coverage in an amount of not less
than $300,000.00 (or such higher amount as may be required by any Addendum now or hereafter made a part of this Lease or, if
lower, the maximum amount permitted by Applicable Law) and (2) personal property coverage in an amount that Tenant deems
sufficient to cover the repair or replacement costs of any loss to Tenant’s personal property located at the Premises. Tenant is required
to (a) cause Landlord to be named as an additional interested party(or similar status) on the general liability portion of the Renter’s
Insurance policy, (b) cause the insurer or agent to provide Landlord with written evidence of such insurance prior to taking possession
of the Premises (e.g., by delivery of a certificate of insurance) and (c) take all actions necessary for Landlord to be notified by the
issuer of the Renter’s Insurance if such coverage is terminated or not renewed (i.e., the issuer of such insurance must agree to name
Landlord as an additional interested party and provide at least 30 days’ prior written notice to Landlord of its intention to cancel or
not renew such policy, 10 days for nonpayment). Unless Landlord otherwise indicates in writing, evidence of insurance required to
be maintained by Tenant pursuant to this Lease shall be delivered by Tenant to Landlord’s Agent at the address indicated in Section
1.C.
Tenant’s failure to maintain or provide evidence of the required Renter’s Insurance is a default under this Lease and may
result in, with or without notice to Tenant and/or Tenant’s opportunity to cure (except as otherwise provided by Applicable Laws),
Landlord’s purchasing insurance up to the amounts specified herein for Renter’s Insurance (such insurance being referred to herein
as “Replacement Renter Insurance”), in which event (A) the cost of such Replacement Renter Insurance plus an administrative fee
in the amount of $3.00 for each month or partial month during the period during which such Replacement Renter Insurance is
applicable (or, if lower, the maximum amount of such administrative fee as is permitted by Applicable Law, it being understood and
agreed that such administrative fee is a fair and reasonable estimate of actual expenses incurred by Landlord as a result of having to
obtain the Replacement Renter Insurance and that the amount of actual expenses are not susceptible to ready calculation but include
Landlord’s costs of communicating with Tenant, and increased accounting and administrative expenses resulting from Tenant’s
failure to provide Landlord with evidence of the required Renter’s Insurance) shall constitute Additional Rent payable by Tenant
with Tenant’s next Monthly Base Rent payment due, (B) Landlord shall not be obligated to include Tenant as an insured on such
Replacement Renter Insurance (or if included, Tenant may be a secondary beneficiary under such policy while Landlord is the
primary beneficiary thereof), (C) Landlord shall not be obligated to include Tenant’s personal belongings in the coverage of such
Replacement Renter Insurance, and (D) Landlord shall have no liability for failure to obtain any Replacement Renter Insurance or
for the failure of such insurance to cover Tenant’s belongings. Any Replacement Renter Insurance policy obtained by Landlord
shall terminate contemporaneously with the expiration or termination of this Lease. At least fifteen (15) days prior to the
cancellation or expiration of each policy of Renter’s Insurance, Tenant shall provide Landlord with written evidence of renewal
thereof and payment of the premium therefor. Any Renter’s Insurance maintained (or required to be maintained) by Tenant hereunder
shall be primary to any insurance carried independently by Landlord, and Tenant agrees to look solely to, and seek recovery only
from, Tenant’s insurance carriers in the event of a loss. To the maximum extent allowed under Applicable Laws, Tenant hereby
waives and releases every right and claim against Landlord Indemnitees and their respective insurance companies for any and all
losses or damages to the Premises, the contents thereof or injury or death to any person, except to the extent such loss, damage or
injury is due to Landlords gross negligence; provided, however, nothing contained in this Lease shall require indemnification or
a release of Landlord to the extent same is prohibited by Applicable Law.
13. SUBLET; ASSIGNMENT. Tenant shall not (a) assign this Lease (in whole or in part), (b) sublet or grant any license
to use the Premises (in whole or in part), nor (c) permit the transfer of any interest in the Premises acquired through this Lease. Any
assignment, subletting or license in violation of this Section shall be null and void and shall, at Landlord's option, be a default under
this Lease for which Landlord may terminate the same. Subject to Applicable Laws, Landlord shall have the absolute right to transfer
and/or assign, in whole or in part, all of its rights and obligations under this Lease and in the Premises whereupon (i) Landlord shall
be released from any further obligations under this Lease and (ii) Tenant shall look solely to such successor in interest of Landlord
for the performance of such obligations, subject to Landlord’s transfer of the remaining Security Deposit in accordance with Section
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 14
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 15 of 90
Tenant Name: _____________________________________ Page 10
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
5. The Premises shall not be used or occupied as a hotel or for any other transient use, rented for any short-term basis, nor advertised
or listed for rental on sites such as Airbnb, VRBO, Craigslist or the like.
14. ALTERATIONS AND IMPROVEMENTS. Tenant will use customary diligence in maintaining the Premises and
will not make or permit any alterations or improvements to any part of the Premises (including painting, wall papering and other
decorating or installation of any appliances or other equipment of any kind [except those that only need to merely be plugged into an
outlet]), nor allow any signs or placards posted or placed thereon, without the prior written consent of Landlord, which consent may
be withheld in Landlord’s reasonable discretion. Landlord will permit Tenant to install a satellite dish, antennas or cables for personal,
private use on the Premises only if Tenant so requests in advance of any installation and enters into a separate Satellite Dish and
Antenna Addendum in such form as Landlord may reasonably require governing such installation and use. Any such installation
must be performed in a professional manner and in conformity with any applicable HOA Rules. In no event shall any such work or
equipment penetrate the roof of the Premises nor do anything which could void any warranties on any portion of the Premises.
Tenant shall not alter, damage, disable or remove any part of the Premises or property therefrom including alarm systems,
telephone and internet/television cables or wiring, screens, locks, security devices or fire extinguishers. Any alterations or
improvements that are made to the Premises (whether made by Tenant or Landlord) will become the property of Landlord and will
remain upon termination of this Lease. Should Landlord give its prior written consent to any alterations or improvements, Tenant
shall promptly pay for same in full and shall obtain lien waivers from all third party vendors as Landlord may require. Tenant shall
not create or permit to be created any mechanic, contractor, materialman or other liens or security interests against the Premises.
Tenant shall be responsible for all costs and expenses incurred by Landlord for repair or restoration as a result of any alterations or
improvements made by or on behalf of Tenant to the Premises (whether approved or unapproved by Landlord, however, if the same
were not approved by Landlord, Landlord shall have the right to restore the Premises to the condition existing on the Commencement
Date and the cost of such restoration shall be borne by Tenant), including all attorneys’ fees and costs incurred to remove any liens
from the Premises, all of which shall be considered Additional Rent.
15. KEYS; LOCKS; DAMAGE CHARGE LIST. Locks to the Premises have been changed or re-keyed or the access
code changed prior to the Commencement Date. Tenant will be provided two (2) copies of keys for each lock on the Premises and
one (1) access device for remote garage access (if applicable) on the Premises and Tenant shall pay for any other keys, access device,
or locks replaced by Landlord. No additional alarm systems, lock changes, additions or re-keying is permitted unless allowed by
Applicable Laws or Landlord has given prior written consent thereto. Tenant shall not remove any locks from the Premises, even if
installed by Tenant. The cost of Landlord or its agent opening or re-keying the Premises if Tenant is locked out or loses keys and
requires or requests access to the Premises or re-keying to the Premises shall be borne by Tenant as Additional Rent.
16. MAINTENANCE AND REPAIR. Subject to the terms of this Section, Sections 8 and 17 hereof, Landlord shall use
reasonable efforts to maintain, at its cost (but subject to the terms of the Right to Purchase Agreement): (1) the foundations, roof,
exterior walls, structural members and mechanical systems (including HVAC systems, hot water heater, electrical and plumbing
systems and sump pump, if any) of the residence located at the Premises, in habitable condition, together with (2) any items which
are required by Applicable Laws to be maintained by Landlord. Landlord shall not be required to repaint, re-carpet or re-finish the
floors of the Premises either prior to or during the Term (unless same is included within "Landlord Work," in the Renovation
Addendum For Landlord Work) nor to repair conditions caused by any Occupants. Any appliances contained in the Premises are
provided for the Tenant’s convenience and except as required by Applicable Law, Landlord does not warrant the fitness or
uninterrupted use or enjoyment of such appliances by Tenant and Landlord shall not be liable for any damages caused by such
appliances’ failure nor for their repair or replacement except Landlord shall exercise reasonable efforts to cause the following
appliances to be in working order throughout the Term (except if such failure is caused by an Occupant), to the extent same were
provided by Landlord as of the Commencement Date: refrigerator, dishwasher, oven and stove. Landlord shall not be responsible for
any appliances owned by Tenant. To the extent permitted by Applicable Law, any interruption of Tenant’s use and enjoyment of
appliances shall not constitute “constructive eviction,” nor form the basis for any defense, set-off or counter-claim by Tenant. Tenant
shall be responsible for the maintenance, repair and replacement of all appliances owned by Tenant and for all damage caused by
them, including if Tenant fails to remove any appliances from the Premises on or before the last day of the Term. Nothing set forth
herein is intended to abrogate or waive any obligations of Landlord required by Applicable Laws to repair conditions at the Premises.
Tenant shall, at Tenant’s expense, maintain the Premises (including all appliances, systems and fixtures located
thereon but excluding only those items which are required to be maintained by Landlord) and keep same in a clean, safe and
healthy condition and in good working order, at all times during the Term, and shall suffer no waste therein, and shall be responsible
for payment of the cost of (a) all repairs, maintenance or replacement required to the Premises, including the walls, windows, storms
doors/windows and screens, ceilings, paint, plastering, plumbing work, pipes, appliances and fixtures belonging to the Premises,
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 15
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 16 of 90
Tenant Name: _____________________________________ Page 11
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
whenever such damage or injury to the same shall have resulted from misuse, waste or neglect by any Occupant, and (b) any
and all repairs, maintenance or replacement required to the Premises that shall be necessary to restore the Premises to the same
condition as when Tenant took possession of the Premises (including any work performed by Landlord thereafter), normal wear and
tear excepted. Landlord shall have the right to cause such repairs, maintenance or replacements described in this Section 16 to be
made and to recover all costs and expenses relating thereto from Tenant as Additional Rent and shall be due and payable with the
next Monthly Base Rent payment after receipt of notification from Landlord of the costs thereof. Unless otherwise permitted by
Applicable Laws, Tenant shall not, without the prior written consent of Landlord, have the right to make repairs to the Premises and
set them off or deduct them against Rent due or otherwise withhold Rent (including Monthly Base Rent or Additional Rent). The
amount of Rent was agreed upon based on the express understanding that Tenant will be responsible for the maintenance
needs of the Premises as provided in this Lease and in the absence of Tenant’s agreement to maintain the Premises at its cost
in accordance with the terms of this Lease, Landlord would have charged a higher rent amount.
Tenant shall maintain the irrigation system, if any, garden, landscaping, trees and shrubs located at the Premises and provide
regular and routine landscape care. Tenant agrees to water, on a regular and routine basis, the lawn and landscaping at the Premises
but shall observe all Applicable Laws and HOA Rules pertaining thereto, such as times watering is permitted. Tenant shall be
responsible for complying with any water restrictions and shall be liable for any fines resulting from violations of water restrictions.
Tenant shall be charged an amount equal to $75.00 (or such higher amount as may be charged for no-shows by the service
provider) (“No-Show Fee”) any time that Landlord shall have the right or shall be obligated to perform work or inspections or
Landlord’s Agents are entitled to show the Premises to the extent Landlord or Landlord’s Agent has (A) scheduled an appointment
with Tenant and (B) Tenant was not at the Premises at the scheduled time of the appointment or Tenant has repeatedly refused to
schedule an appointment. Additionally, Landlord reserves the right to charge Tenant a fee for each service call (“Service Call Fee)
resulting from Tenant’s maintenance or repair request regarding the Premises (in addition to any other charges which Tenant may be
responsible in connection with such service call); provided, however, (x) no Service Call Fee shall exceed the sum of $35.00 and (y)
Service Call Fees shall be waived if the service call relates solely to an item that Landlord is required to maintain pursuant to the first
grammatical paragraph of this Section 16. No-Show Fees and Service Call Fees shall constitute and be collectable as Additional
Rent.
Tenant shall, at Tenant’s expense: (aa) take all such actions as are reasonably necessary to promptly eliminate any dangerous
condition on the Premises, (bb) not keep on the Premises any item of a dangerous, flammable or explosive character that might
unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or toxic, such as kerosene
or fuel oil heaters which are expressly prohibited, (cc) know the location and operation of the main water cut-off valve and all electric
breakers and how to switch the valve or breakers off at appropriate times to mitigate any potential damage, (dd) keep the Premises
and exterior in a neat and sanitary condition and in compliance with all applicable health and safety regulations, Applicable Laws
and HOA Rules, (ee) supply and immediately replace at Tenant’s cost: (1) all light bulbs, fluorescent tubes, and batteries for smoke
detectors and carbon monoxide detectors, garage door openers, ceiling fan remotes and (2) air conditioning/furnace filters at least
once every three (3) calendar months, (ff) inspect and maintain in compliance with the information tag thereon, all Landlord-supplied
fire extinguishers, if any, it being understood and agreed that any fire extinguishers supplied are without charge for convenience of
Tenant only and no warranty is made as to their sufficiency for the Premises, and (gg) use reasonable efforts (including providing
appropriate climate control) to maintain the Premises in such a condition as to prevent the accumulation of moisture and the growth
of mold or mildew in the Premises and remove any standing water from the Premises. No waterbeds or other liquid-filled furniture
are permitted inside the Premises.
Applicable Laws may require that the Premises be equipped with carbon monoxide or smoke detectors and/or other detectors
in certain locations. Requests from Tenant for additional installation, inspection or repair of any detectors provided by Landlord
must be in writing and delivered to Landlord. Disconnecting, relocating, damaging or disturbing a carbon monoxide, smoke or other
detector or removing a battery without immediately replacing it with a working battery are expressly prohibited by this Lease and
may subject Tenant to civil penalties and liability for damages and attorneys’ fees. Tenant agrees that Tenant shall check the operation
of each detector at least monthly, change each battery, at Tenant’s cost, at least once every six (6) months and immediately notify
Landlord if it becomes aware that the detectors cease working at any time.
17. DAMAGE TO PREMISES. Tenant must promptly reimburse Landlord for all loss, damage, government or HOA
fines, and cost/expenses of repairs or service to the extent caused by an Occupant or resulting from a violation of Tenant’s obligations
under this Lease (including damages resulting from Tenant’s failure to maintain utilities or services resulting in damage to the
Premises such as from frozen pipes). Except to the extent expressly provided by Applicable Laws, Tenant shall provide Landlord
with immediate notice of any fire or other casualty that occurs and causes damage to the Premises.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 16
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 17 of 90
Tenant Name: _____________________________________ Page 12
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
To the extent permitted by Applicable Laws, if (a) the Premises is destroyed or rendered wholly or partially uninhabitable
by fire, storm, earthquake or other casualty, or (b) Landlord reasonably believes that such damage to the Premises is catastrophic or
substantial (for example, if water enters the Premises in significant amounts), or (c) performance of needed repairs to the Premises
would pose a danger to the Occupants, then Landlord shall notify Tenant within thirty (30) days after Landlord becomes aware of
such casualty whether Landlord has elected to repair the Premises or terminate this Lease (including the effective date of such
termination). If the Premises are not habitable and repairing the Premises would be expected to take more than thirty (30) days from
the date of such casualty, then Tenant shall have the right to terminate this Lease upon written notice given to Landlord within ten
(10) days after such casualty. The Term shall expire upon receipt of a termination notice from the other party given pursuant to this
Section (or the termination date set forth in such notice if from Landlord), Landlord shall have the right to remove Tenant’s personal
property and belongings from the Premises if Landlord believes they would cause a health or safety hazard (including the creation
of mold in the event of water infiltration) and Landlord shall refund any prepaid Rent (on a pro-rata basis) accruing from and after
the date of such termination of this Lease. Tenant shall be responsible for all costs and expenses incurred by Landlord to repair or
restore the Premises to the condition it was in immediately prior to the fire or other casualty to the extent the damage was caused by
any Occupant. Landlord shall not be obligated to repair or restore the Premises if insurance proceeds are insufficient to complete
same.
18. REQUESTS, REPAIRS, MALFUNCTIONS. All notices and requests (e.g., for repairs, installations, services or
security related matters) from Tenant must be in writing (except in the case of emergencies). IN CASE OF EMERGENCIES
SUCH AS FIRE, SMOKE, GAS, EXPLOSION, OVERFLOWING SEWAGE, UNCONTROLLABLE RUNNING WATER,
WATER LEAKS, ELECTRICAL SHORTS OR CRIME IN PROGRESS OR OTHER EMERGENCY SITUATION,
TENANT MUST PROMPTLY NOTIFY LANDLORD AND LANDLORD’S AGENTS BY TELEPHONE OR
ELECTRONIC MAIL IN ADDITION TO THE FOREGOING FORMAL NOTICE REQUIREMENT. Landlord’s written
notes or responses to Tenant’s verbal requests do not constitute a written request from Tenant and do not waive the strict requirement
for written notices under this Lease. Tenant must promptly notify Landlord of any conditions that pose a hazard to the Premises,
personal property, health, or safety of the Tenant or any Occupants, including but not limited to electrical problems, malfunctioning
lights, broken or missing locks or latches. Air conditioning problems are not emergencies; however, if air conditioning or other
equipment malfunctions, Tenant must notify Landlord as soon as possible. Landlord may change or install utility lines or equipment
serving the Premises if the work is done without unreasonably and substantially increasing Tenant’s utility costs, to the extent
permitted by Applicable Laws. Landlord may turn off equipment and interrupt utilities as needed to avoid property damage or to
perform work. If utilities malfunction or are damaged by fire, water, or similar cause, Tenant must notify Landlord immediately.
Landlord will act with reasonable diligence to make repairs and reconnections, taking into consideration when casualty insurance
proceeds are received. Rent will not abate in whole or in part except to the extent required under Applicable Laws.
19. LANDLORD’S RIGHT OF ENTRY AND ACCESS. Except to the extent prohibited by Applicable Law, Landlord
and Landlord’s Agents shall have the right (but not the obligation) to enter the interior and exterior of the Premises at all reasonable
times with reasonable notice (which notice shall be at least twenty-four (24) hours in advance of the intended entry unless Tenant
otherwise agrees to a shorter notice period), and at all times in the event of an emergency, in order to inspect, make necessary or
agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, test smoke and other detectors, or
exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen or contractors, or enforce the provisions of
this Lease. Tenant shall not unreasonably withhold consent (to the extent such consent is required by Applicable Law) to Landlord’s
entering the Premises at a specified time where the Landlord has given the advance notice, if any, specified above or required by
Applicable Law of intent to enter. Tenant will allow Landlord to have prominently placed upon the Premises, at all times, For
Rent/Lease/Salenotices or similarly worded notices and will not interfere therewith, it being understood and agreed that Landlord
shall not post such signs unless Tenant is in default under this Lease or during the two (2) months prior to the scheduled Expiration
Date if Tenant shall have provided notice of its intention not to renew this Lease or if there shall be no remaining Renewal Term.
Landlord’s Agents are authorized to place and use a keysafe/lockbox (Keybox”) on the Premises containing a key to the
Premises which is opened by a special combination, key or programmed access device so that persons with the access device may,
in Tenant’s absence, access the interior of the home from time to time in order to show it to prospective residents or purchasers
during the last two (2) months prior to the then-scheduled Expiration Date. Tenant shall have the right to withdraw Tenant’s
authorization to use a Keybox by providing written notice to Landlord in which event Landlord will remove the Keybox within a
reasonable period of time. Landlord’s removal of the Keybox does not alleviate Tenant’s obligation to make the Premises available
for showings and inspections pursuant to this Lease. If Landlord’s Agent has given Tenant the requisite notice of their intent to access
the Premises in order to show it to prospective residents or purchasers and are denied or are not able to access the Premises because
either of Tenant’s failure to make it accessible or is absent after having scheduled a time for a showing, then as consideration for the
withdrawal of the Keybox, Landlord shall have the right to charge Tenant the No-Show Fee for each time that Landlord or Landlord’s
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Tenant Name: _____________________________________ Page 13
Premises Address: _________________________________
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Agent shall have the right to show the Premises pursuant to this Section and Tenant has either (A) refused to schedule an appointment
for at the time requested for such showing or (B) Tenant was not at the Premises at the scheduled appointment time. The Keybox is
a convenience but involves risk (such as unauthorized entry, theft, property damage, or personal injury) and Landlord and Landlord’s
Agents are not responsible to any Occupants for any damages, injuries, or losses arising from use of the Keybox. Tenant
acknowledges that Landlord has advised Tenant of the need for safeguarding and insuring Tenant’s personal property and valuables
located on the Premises. During any inspection of the Premises, Tenant hereby authorizes Landlord and Landlord’s Agents to take
videos or photographs or other images of the interior and exterior of the Premises and to use same in any advertisements to lease or
sell the Premises as well as to document the condition of the Premises.
20. SUBORDINATION; ATTORNMENT; ESTOPPEL CERTIFICATES. This Lease and Tenant’s interest
hereunder are and shall be subject to and subordinate, junior and inferior to (a) any and all mortgages, deeds of trust, deeds to secure
debt, security devices, liens or encumbrances now or hereafter placed on or against any part of the Premises and any and all renewals,
extensions or modifications thereof (“Liens) and to any and all advances now or hereafter made under any such Liens (including
future advances) and the interest payable on such Liens, (b) any restrictive covenants affecting the Premises, (c) the rights of any
HOA affecting the Premises (including any HOA Rules), and (d) any existing or future deeds placed on the Premises. Upon
Landlord’s request, Tenant will execute such instruments evidencing such subordination at Landlord’s request and shall recognize
and attorn to any successor to Landlord’s interest in this Lease (including a mortgagee or other person acquiring Landlord’s interest
by way of foreclosure, deed in lieu of foreclosure or other proceedings) as “Landlord” hereunder. Tenant shall within ten (10) days
after receiving a request from Landlord, provide a certificate signed by Tenant stating whether or not all conditions under this Lease
to be performed by Landlord prior the date of such certificate have been satisfied and whether or not Landlord is then in default in
the performance of any covenant, agreement or condition contained in this Lease and specifying, if any, each such unsatisfied
condition and each such default. Landlord and anyone identified in such estoppel shall have the right to rely upon the information
provided by Tenant therein.
Upon the first day of each Renewal Term, each person constituting Tenant shall be deemed to have acknowledged and agreed
that as of such date: (i) Tenant has no claims arising under this Lease against Landlord or Landlord’s Agents, (ii) to the best of his/her
knowledge, Tenant is not aware of any default or failure on the part of Landlord to keep or perform any covenant, condition or
undertaking to be kept or performed by Landlord under this Lease, and (iii) the Premises is in good working order and repair.
21. TIME IS OF THE ESSENCE. Tenant agrees that time is of the essence for any and all payments, charges, costs
and expenses required to be paid by Tenant and the performance of each and every covenant, term, agreement and condition
hereunder including but not limited to the giving of notices, and Tenant shall be held in strict compliance with the same.
22. TENANT’S HOLDOVER. Except as set forth in Section 3, if Tenant continues to occupy any portion of the Premises
after the expiration or other termination of this Lease or the termination of Tenant's right of possession, then such occupancy shall
be that of a tenancy at sufferance. Tenant shall, throughout the entire holdover period, be subject to all the terms and provisions of
this Lease (excluding all Tenant rights, if any, to extend the Term) and, subject to Applicable Law, shall pay for its use and occupancy
of the Premises an amount (on a per month basis without reduction for any partial months during any such holdover) equal to one
hundred fifty percent (150%) of the Monthly Base Rent for the then-existing Term beyond which Tenant retained possession plus
applicable Additional Rent and any other damages suffered by Landlord as a result of the holdover including the loss of prospective
income and/or claims for damages asserted by a successor tenant or purchaser. No holding over by Tenant or payments of money by
Tenant to Landlord after the expiration of the Term shall be construed to extend the Term, as a waiver of the Landlord’s rights or
remedies and/or prevent Landlord from recovery of immediate possession of the Premises by summary proceedings or otherwise
and Landlord shall be entitled to exercise any of Landlord’s Rights and Remedies and recover from Tenant all damages sustained as
a result of Tenant’s failure to vacate the Premises, including direct and consequential damages, lost rent, court costs and reasonable
attorneys’ fees, to the extent permitted or provided for by Applicable Laws.
23. RELEASE; INDEMNIFICATION; LIMITATION OF LIABILITY. There are some limitations on Tenant’s
ability to bring an action against Landlord which are described in this Section. Some of these limitations are, however, subject to
Applicable Laws. Tenant, on behalf of all Occupants (and their respective personal representatives, heirs, executors, administrators,
agents and permitted assigns), agrees that, to the greatest extent permitted by Applicable Laws: (a) Landlord Indemnitees shall not
be liable for any injury or harm to any person or property caused by a defective condition of the Premises and (b) all Occupants
release and discharge the Landlord Indemnitees from any and all suits, actions, causes of action, damages, demands, claims,
liabilities, judgments, fines, penalties and costs, and fees and expenses including, without limitation, reasonable attorneys’ fees and
costs of enforcement for the subject matter therein, whether known or unknown (collectively, Claims) arising out of Occupants’
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Tenant Name: _____________________________________ Page 14
Premises Address: _________________________________
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use of, or acts or omissions in or about the Premises, or this Lease, except to the extent such Claims are due to gross negligence on
the part of Landlord.
TENANT ACKNOWLEDGES THAT, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE
LAWS: (i) TENANT HAS CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTANDS THAT
IT IS A RELEASE OF LIABILITY, and (ii) ON BEHALF OF ALL OCCUPANTS, TENANT IS RELEASING THE
LANDLORD INDEMNITEES FROM, AND WAIVING ANY RIGHTS WHICH SUCH OCCUPANTS MAY HAVE, TO
BRING OR ASSERT A CLAIM OR ACTION AGAINST THE LANDLORD INDEMNITEES, WITH RESPECT TO ANY
CLAIMS AGAINST ANY LANDLORD INDEMNITEES, THE PREMISES OR THIS LEASE, EXCEPT TO THE
EXTENT SUCH CLAIMS ARE DUE TO LANDLORD’S GROSS NEGLIGENCE.
To the extent permitted by Applicable Laws, Tenant shall indemnify, protect, defend and hold Landlord Indemnitees
harmless from any and all Claims associated with any injury or harm to any person or property occurring on or about the Premises
including but not limited to any breach by Tenant of this Lease and/or any damage or liability caused by any Occupant during the
Lease Term, except to the extent that the injury or harm is caused by gross negligence on the part of Landlord; provided, however,
nothing contained in this Lease shall require indemnification prohibited by Applicable Law.
Any liability of Landlord under this Lease shall be limited solely to its interest in the Premises or the proceeds therefrom
and in no event shall any individual or personal liability be asserted against Landlord or any Landlord Indemnitees in connection
with this Lease or the Premises nor shall any recourse be had to any other property or assets of any Landlord Indemnitees. In no
event shall Landlord be liable for consequential or punitive damages as a result of a breach or default under or otherwise in connection
with this Lease. None of Landlord’s Agents shall be personally liable for any of Landlord’s contractual, statutory, or other obligations
merely by virtue of acting on Landlord’s behalf. All provisions contained in this Lease regarding Landlord’s non-liability and non-
duty apply to Landlord’s Agents.
24. DEFAULT. If (a) Tenant fails to comply with any of the provisions of this Lease (including but not limited to the
failure to timely pay Rent or perform any other obligations under this Lease) and fails to cure such default within any applicable
notice or cure periods contained in this Lease or under Applicable Laws, (b) the Right to Purchase Agreement is terminated due to a
default on the part of the Purchase Right Holder, or (c) the Executed Purchase Contract is terminated due to a default on the part of
the purchaser thereunder, then such default shall constitute a default under this Lease and Landlord shall have the right, at any time
thereafter, at its election, without limiting Landlord’s Rights and Remedies, to do any one or more of the following in accordance
with Applicable Laws: (i) terminate this Lease (in which event notice of termination shall operate as a notice to quit, and Landlord
may proceed to recover possession of the Premises under Applicable Law), (ii) terminate Tenant’s right of possession of the Premises
(including that of any Occupants), (iii) terminate the Right to Purchase Agreement and/or Executed Purchase Contract, if applicable,
(iv) exercise any of Landlord’s Rights and Remedies, and/or (v) re-enter the Premises or any part thereof, with or without (to the
extent permitted by Applicable Laws) notice or process of law, regain possession thereof, and remove Tenant and any Occupants
therefrom. To the extent not prohibited by Applicable Laws, upon any default by Tenant, all Rent for the remainder of the Term will
be accelerated and will be immediately due and payable together with such expenses as Landlord may incur including, but not limited
to, attorney’s fees, court costs and constable fees, brokerage fees and costs of putting the Premises in good order and/or preparing
the Premises for re-rental, in addition to all other costs, expenses, and damages available to Landlord under this Lease or Applicable
Laws. Tenant’s right of possession may be terminated without terminating Tenant’s liability to pay Rent.
25. MULTIPLE TENANTS. Each person constituting Tenant (should there be more than one) is and shall be jointly and
severally liable for all obligations of Tenant under this Lease. If there is a violation of this Lease by any one Occupant, then all
persons constituting Tenant will be considered to have violated this Lease. Each person constituting Tenant irrevocably
acknowledges and agrees that Landlord’s requests and notices required or permitted to be sent pursuant to the terms of this Lease
shall be sent to the Tenant Notice Recipient at the Premises and such notice shall conclusively constitute notice to all persons
constituting Tenant and Occupant. Notices and requests from any Tenant to Landlord (including notices of Lease termination, repair
requests, and entry permissions) shall constitute notice from all persons constituting Tenant. Tenant shall have the right to change
the person identified as the Tenant Notice Recipient pursuant to a notice to Landlord signed by all of the Tenants identifying such
new Tenant Notice Recipient. Tenant shall cause the Tenant Notice Recipient to be the same person who is identified as the Purchase
Right Holder Notice Recipient under the Right to Purchase Agreement.
26. SURRENDER; ABANDONMENT; RIGHT TO RE-LET. If at any time during the Term, Tenant surrenders,
abandons or vacates the Premises (or any material part thereof), Landlord shall have the right, at its option, to re-enter and obtain
possession of the Premises in accordance with Applicable Laws and without becoming liable to Tenant for damages or for any
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 20 of 90
Tenant Name: _____________________________________ Page 15
Premises Address: _________________________________
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payment of any kind whatsoever. Tenant shall give Landlord notice of any anticipated extended absence from the Premises of more
than fourteen (14) days. If Tenant is absent from the Premises for three (3) consecutive weeks without notifying Landlord in writing
of Tenant’s absence, Landlord may deem the Premises abandoned unless there is no outstanding default in the payment of Rent.
Landlord may, at its discretion, on behalf of Tenant, re-let the Premises for such rent and on such other terms and conditions as
Landlord may see fit, including re-letting Premises, for the whole or any part of the then unexpired Term. Landlord shall have the
right to receive and collect all rent payable by virtue of such re-letting and, at Landlord’s option, hold Tenant liable for any difference
between: (i) the Rent that would have been payable under this Lease during the balance of the unexpired Term as if this Lease had
continued in force, and (ii) the net rent for such period realized by Landlord by means of such re-letting. If Landlord’s right of re-
entry is exercised following abandonment, surrender or vacation of the Premises by Tenant or at any time after the Term has expired
or been terminated, then Landlord shall have the right to consider any personal property left on the Premises to also have been
abandoned and title thereto shall automatically transfer to Landlord without the necessity of a bill of sale and Landlord may, at its
election, dispose of such personal property in any manner allowed by Applicable Law which Landlord, it its sole discretion,
determines is appropriate, including, without limitation: (a) disposing of such personal property in the trash or a landfill; (b) giving
such personal property to a charitable organization; and/or (c) storing and selling such personal property, and Tenant shall be liable
for reimbursing Landlord for all of Landlord’s reasonable costs for packing, removing, storing and/or selling the personal property
left in the Premises after surrender or abandonment to the extent permitted by Applicable Law. Tenant agrees that the value of any
personal property left in the Premises after Tenant’s move-out has a value of $0. Surrender, abandonment, or judicial eviction shall
end Tenant’s right of possession for all purposes under this Lease and shall give Landlord the immediate right, in accordance with
Applicable Laws, to: clean up, make repairs in, and re-let the Premises; determine any Security Deposit set-offs or deductions;
remove abandoned property left on the Premises; and/or exercise any other of Landlord’s Rights and Remedies.
27. EMINENT DOMAIN. If any portion of the Premises is condemned or expropriated by any governmental authority
or title thereto is conveyed in lieu of condemnation (“Eminent Domain”) in a manner that would prevent lawful occupancy of the
remainder of the Premises, then this Lease shall be terminated effective as of the date of such taking, in which event Rent and other
charges shall be prorated based upon such termination date and Landlord shall refund to Tenant any Rent or other charges paid in
advance. Unless this Lease is so terminated, Rent shall not abate. Landlord shall not be liable to Tenant for any damages, payments,
amounts or compensation due or payable to Landlord as a result of Eminent Domain and Landlord shall be entitled to (and Tenant
hereby assigns to Landlord) the entire award or compensation and any portion of any compensation awarded for the diminution in
value of the leasehold interest or fee of the Premises.
28. CLEANING PRIOR TO MOVE-OUT. Tenant shall surrender the Premises to Landlord on the last day of the Term
or any earlier termination of this Lease as provided herein, as clean as and otherwise in the same condition as when Tenant took
possession of the Premises, normal wear and tear excepted. Prior to the last day of the Term, Tenant must thoroughly clean the entire
Premises, all personal property and furniture belonging to Tenant must be removed and all debris removed and placed in appropriate
garbage containers. Tenant must follow any move-out cleaning instructions if provided. If Tenant does not clean adequately, as
determined in the reasonable discretion of Landlord, Tenant will be liable for reasonable cleaning charges.
29. MOVE-OUT INSPECTION. Tenant shall give Landlord prior notice of the date on which Tenant is moving out of
the Premises, if prior to the last day of the Term (it being understood and agreed that such move-out notice will not release Tenant
from liability for the remainder of the Term). Tenant shall have the right to be present when Landlord inspects the Premises at the
end of the Term in order to determine if any damage was done to the Premises provided that Tenant has given Landlord Notice in
accordance with Section 5(b) of this Lease. Landlord’s Agent will conduct a move-out inspection of the Premises upon expiration
of the Term, it being understood and agreed that Landlord’s Agent has no authority to bind or limit Landlord regarding set-offs or
deductions for repairs, damages, or charges for items discussed during any move-out inspection, and any statements or estimates
made by Landlord’s Agent during or after any inspection are subject to correction, modification, or disapproval before Tenant is
provided with final refunding or accounting. Landlord encourages Tenant to take pictures of the interior and exterior of Premises at
the move-out inspection to document the condition of the Premises.
30. ATTORNEYS’ FEES. To the extent permitted by Applicable Laws, if at any time after the Effective Date, either
Landlord or Tenant institutes any action or proceeding against the other relating to the provisions of this Lease, the Right to Purchase
Agreement or any other document entered into among the parties hereto pertaining to the Premises, or any default under any of them
or the Premises (whether founded in tort, contract, equity or to secure a declaration of rights thereunder), the party not prevailing in
the action or proceeding or appeal therefrom will reimburse the prevailing party for its reasonable attorneys’ fees (not to exceed the
sum of $2,000.00 in the aggregate for any such action which amount shall be inclusive of (a) fees incurred at trial or arbitration, any
appeal therefrom, or in connection with any bankruptcy proceedings, and (b) all costs and expenses incurred in connection with such
action, proceeding, appeal or in collection of any judgment including expert fees, any post-judgment fees and costs). Such fees and
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 21 of 90
Tenant Name: _____________________________________ Page 16
Premises Address: _________________________________
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costs may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision.
The term “prevailing partyshall include, without limitation, a party who substantially obtains or defeats the relief sought, as the
case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense.
31. RENT AFTER NOTICE OR SUIT. After giving notice to vacate to Tenant, the service of notice or commencement
of a suit (including eviction), or after final judgment for possession of the Premises, Landlord shall have the right to receive, accept
and collect any Rent or other sums due, and the payment of such shall not waive or affect said notice, filing or judgment or diminish
Landlord’s Rights and Remedies, including right of eviction, or any other contractual or statutory right, as allowed by Applicable
Laws. Accepting money at any time does not waive Landlord’s right to damages, or past or future Rent or other sums nor shall it be
or be construed to be, a waiver of any breach of any term or provision of this Lease, or any rule, regulation, term or provision
contained in any document referred to in this Lease, nor shall it reinstate, continue or extend the Term of this Lease or affect any
notice, demand or suit hereunder.
32. RECORDING. Tenant shall not record this Lease nor any memorandum hereof in the public records of any public
office. In the event that Tenant shall violate such no-recording prohibition, Landlord shall have the right to immediately terminate
this Lease and to unilaterally record a termination notice in such public records.
33. GOVERNING LAW; APPLICABLE LAWS. This Lease shall be governed, construed and interpreted by, through
and in accordance with Maryland law, without reference to its conflict of law provisions. The parties agree that any suit or proceeding
arising under this Lease shall be brought solely in a federal or state court serving the county in which the Premises is located. Each
party consents to the jurisdiction of these courts and waives any objection to jurisdiction or venue. Notwithstanding anything
contained in this Lease to the contrary, in the event any of Landlord’s rights, obligations or remedies contained in this Lease
are subject to, inconsistent with or are prohibited by the terms of Applicable Laws, then each such provision shall
automatically be deemed to have been modified and limited so that it complies with such Applicable Laws (for example, if
Applicable Law requires that Landlord perform an obligation within 3 days but the Lease states that it will be performed promptly,
the 3-day period of time shall govern). Likewise, nothing contained herein is intended to limit or interfere with any rights which are
expressly granted to Tenant pursuant to Applicable Laws and which are considered by such Applicable Laws to be non-waivable by
Tenant. In construing this Lease and the Right to Purchase Agreement, no provision hereof or thereof shall require the performance
or waiver by Tenant of any applicable obligation or right that would violate Applicable Laws and any such provision shall be
interpreted so as to comply therewith.
34. SEVERABILITY. If any clause, phrase, provision or portion of this Lease or the application thereof, including without
limitation, to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable under Applicable Laws,
such event shall not affect, impair or render invalid or unenforceable, the remainder of this Lease nor any other clause, phrase,
provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or
circumstances, but instead the remainder shall remain in full force and effect as though any invalid or unenforceable part was not
written into this Lease and shall be enforced to the maximum extent permitted by Applicable Laws. The omission of initials on any
page shall not invalidate this Lease.
35. SURVIVAL. Notwithstanding anything contained in this Lease to the contrary, all of Landlord’s rights and Tenant’s
outstanding payment obligations shall survive the expiration or earlier termination of this Lease, whether by lapse of time or
otherwise, and shall not relieve Tenant from Tenant's obligations accruing prior to the expiration of the Term.
36. CONSTRUCTION; SUCCESSORS; BINDING EFFECT. The words Landlord” and “Tenant” wherever used
herein shall be construed to mean “Landlordsand “Tenants” in case more than one person constitutes either party to this Lease.
The covenants, obligations, conditions and agreements herein shall be binding upon and inure to the benefit of their respective
successors, heirs, executors, administrators and permitted assigns. The pronouns used herein shall include, where appropriate, either
gender or both, singular and plural.
37. NO WAIVER. All rights and remedies of Landlord provided herein shall be cumulative, the exercise or use of any
one or more shall not bar Landlord from the exercise or use of any other right or remedy provided herein or otherwise provided by
law nor shall the exercise of any right waive any other right or remedy of Landlord. No waiver of a breach or default by either party
shall be deemed a continuing waiver and no indulgence, waiver, election or non-election by Landlord under this Lease or the Right
to Purchase Agreement shall affect Tenant’s or Purchase Right Holder’s duties and liabilities hereunder or under the Right to
Purchase Agreement, as the case may be. Failure of Landlord to declare any default immediately upon its occurrence, or delay of
Landlord in taking any action or pursuing remedies in connection with an event of default shall not constitute a waiver of such
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Tenant Name: _____________________________________ Page 17
Premises Address: _________________________________
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default, nor shall it constitute an estoppel against Landlord nor a waiver with respect to any subsequent default. The acceptance by
Landlord of Rent hereunder shall not be construed to be a waiver of any breach by Tenant of any term, covenant or condition of this
Lease. No act or omission by Landlord or Landlord’s Agents during the Term shall be deemed an acceptance of a surrender of the
Premises, and no agreement to accept such a surrender shall be valid unless in writing and signed by Landlord. Except when notice
or demand is required by statute, Tenant waives any notice and demand for performance from Landlord if Tenant defaults under this
Lease. Landlord’s exercising one remedy will not constitute an election or waiver of any other of Landlord’s Rights and Remedies.
38. ATTORNEY REVIEW. Tenant acknowledges that (a) it has received a copy of the Right to Purchase
Agreement and that it is familiar with the terms thereof, (b) certain terms and provisions of the Right to Purchase Agreement
may affect Tenant’s rights under this Lease (and vice versa) and (c) Tenant has had an adequate opportunity to read and
study this Lease and the Right to Purchase Agreement (and associated documents) and to consult with legal counsel if Tenant
so desired. Accordingly, the terms of this Lease and the Right to Purchase Agreement are not to be construed against any
party because of that party’s role in drafting such documents nor construed in favor of any party because that party failed
to understand the legal effect of the provisions of such documents.
39. NOTICES. Except as otherwise provided elsewhere in this Lease, all notices permitted or required under this Lease
shall be in writing and shall be served by one party to the other party (each, aNotice) at the addresses set forth below. If notice is
required to be given to Landlord, notice must be sent to both Landlord and Landlord’s Agent at the addresses set forth
below. Notice shall be given in the following manner (or otherwise as permitted or required by Maryland law): (i) by personal
delivery of such Notice (in which event such Notice shall be effective on the date of such delivery); (ii) in the case of Notice to
Tenant, Landlord shall have the right to post the Notice upon the front door of the Premises and mail a copy if required by Applicable
Law (in which event such Notice shall be effective on the date of such delivery); (iii) in any other manner permitted by Applicable
Law; (iv) by mailing the Notice to the addresses contained herein by U.S. regular, registered or certified mail, return receipt requested
(in which event such notice shall be effective three (3) Business Days after the date of mailing); (v) by facsimile transmission in
which event it shall be effective as of date and time of delivery thereof provided that the Notice transmitted shall be received on a
Business Day and during Business Hours and in the event such Notice is received either on a non-Business Day or during non-
Business Hours, then the effective date and time of delivery of such Notice shall be 9:00 a.m. Central Time of the first Business
Day after delivery; (vi) by electronic mail transmission in which event it shall be effective as of the date and time of the electronic
mail transmission, provided that the Notice transmitted shall be sent on a Business Day during Business Hours and recipient shall
have acknowledged such transmission (or it can be shown that the transmission was opened by the recipient). In the event an
electronic mail transmission Notice is transmitted either during non-Business Hours or a non-Business Day, the effective date and
time of Notice shall be 9:00 a.m. Central Time of the first Business Day after delivery; or (vii) by a nationally-recognized overnight
delivery or courier company (e.g., FedEx) in which event such Notice shall be effective one (1) Business Day after the date of deposit
with the courier, shipping prepaid. In addition to the foregoing delivery options, notices from Landlord may be delivered to Tenant
via a link to Landlord’s portal.
Notices to Landlord shall be sent to Landlord’s Notice Address in Section 1.C and Notices to Tenant shall be addressed to
the Tenant Notice Recipient and sent to the Premises; provided, however, that if a physical mailing address other than the Premises
is inserted in Section 1.H as Tenant’s Notice Address, then such address shall be used solely for the mailing by U.S. regular mail of
an informational copy of Notices otherwise sent to the Premises, it being agreed that Landlord’s failure to send such informational
copy shall not affect the effectiveness of Notices sent to the Premises or otherwise delivered in accordance with this Section. The
person identified as the Tenant Notice Recipient in Section 1.I is authorized to deliver and accept Notices on behalf of all Tenants
and Occupants pursuant to Section 25 above. THERE SHALL BE ONLY ONE DESIGNATED TENANT NOTICE RECIPIENT.
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this Section
(or, in the case of notices to Tenant Notice Recipient, where an informational copy is to be sent) by written notice thereof to the other
party. Written notice from Landlord, Landlord’s Agent or Landlord’s attorney shall constitute notice from Landlord. Any person
giving a notice under this Lease should retain a copy of the memo, letter, or facsimile document that was given. Facsimiles and
portable document format (pdf) signatures are binding. All notices must be signed (if by email, signature may be typed within the
email). Tenant must give Landlord Tenant’s forwarding address in writing within five (5) days after the Expiration Date.
40. DESCRIPTIVE HEADINGS; ENTIRE AGREEMENT; MODIFICATION. The descriptive headings used herein
are for convenience of reference only, and they are not intended to have any effect whatsoever in determining the rights or obligations
of the Landlord or Tenant. This Lease, together with any Addenda and attachments hereto which are by this reference incorporated
herein and made a part hereof, the Right to Purchase Agreement, the Document Review Acknowledgment signed by Tenant, together
with any other written documents signed by Landlord and/or Tenant and delivered to the other, constitute the complete and entire
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 22
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 23 of 90
Tenant Name: _____________________________________ Page 18
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
agreement among the parties with respect to the Premises, and no representations or oral statements of either party are binding unless
contained herein or therein; however, the statements made and information contained in Tenant’s lease application shall be
considered material representations in this Lease such that any omissions or misrepresentations therein shall be considered a default
of this Lease by Tenant. Neither Landlord nor any of Landlord’s Agents has made any oral or other promises, representations, or
agreements except to the extent contained in this Lease, the Right to Purchase Agreement, the Document Review Acknowledgment
and any other written documents signed by Landlord and delivered to Tenant. Landlord’s Agents have no authority to waive, amend,
or terminate this Lease or the Right to Purchase Agreement or any part of either and no authority to make promises, representations,
or agreements that impose security duties or other obligations on Landlord or Landlord’s Agents unless in each instance such
authority is in writing from Landlord. Landlord and Tenant expressly agree that except as otherwise provided by Applicable Laws,
there are and shall be no implied warranties of merchantability, suitability, fitness for a particular purpose or of any other kind arising
out of this Lease or the Premises, all of which are hereby waived by Tenant, and that there are no warranties which extend beyond
those expressly set forth in this Lease. This Lease and the Right to Purchase Agreement and other written documents signed by
Landlord and/or Tenant pertaining to the Premises shall not be modified, changed, altered or amended in any way except through a
written amendment signed by all of the parties hereto and thereto, as applicable.
41. RIGHT TO PURCHASE AGREEMENT. Notwithstanding anything contained in this Lease to the contrary, (a)
Tenant authorizes and directs Landlord to apply a credit against the Purchase Price for the benefit of the Purchaser at Closing (in the
event the Premises are sold as a result of the exercise of the Purchase Right contained in the Right to Purchase Agreement), in an
amount equal to (i) the pro-rated amount of pre-paid Rent owing to Tenant under this Lease based upon the Closing Date, if any,
plus (ii) any remaining Security Deposit then being held by Landlord as of the date of Closing (subject to permitted setoffs) together
with any applicable accrued but unpaid interest, in each of the foregoing cases to the extent same would otherwise be due and owing
to Tenant under this Lease; provided, however, that if all (but not less than all) of the persons who comprise Tenant collectively
direct Landlord, in writing delivered at least five (5) days prior to the scheduled Closing Date, that any or all of such amounts not be
applied against the Purchase Price, then Landlord shall comply with such direction; (b) the Term of this Lease may be extended
pursuant to the terms of the Right to Purchase Agreement; and (c) this Lease shall automatically terminate and expire on the date on
which the sale of the Premises is consummated pursuant to the Right to Purchase Agreement or Executed Purchase Contract, as
applicable, and such Closing Date shall, for all purposes under this Lease, be deemed to be the last day of the Term of this Lease.
Tenant specifically waives any right it may have to a return of the Security Deposit together with any applicable accrued
but unpaid interest or pre-paid Rent so long as same are paid or credited to the Purchaser at Closing as set forth in the immediately
preceding paragraph or are otherwise applied by Landlord as permitted by this Lease and Applicable Law, and hereby irrevocably
assigns to the Purchase Right Holder and/or the Purchaser under the Right to Purchase Agreement or the Executed Purchase Contract,
as applicable, any and all rights Tenant may have thereto, it being understood and agreed that any amounts credited against the
Purchase Price as aforesaid shall automatically be deemed to have been returned to the Tenant under this Lease and Landlord shall
have no further obligation to account to Tenant for same under this Lease. Furthermore, Landlord shall have the absolute right to
terminate the Right to Purchase Agreement upon a default by Tenant hereunder which is not cured within any applicable notice or
cure periods. Likewise, a default by the Purchase Right Holder and/or the Purchaser, as applicable or a termination of the Right to
Purchase Agreement or the Executed Purchase Contract shall constitute a default under this Lease and Landlord shall have the right
(but not the obligation) to exercise any of Landlord’s Rights and Remedies.
42. NO THIRD PARTY BENEFICIARIES. This Lease does not create any rights, claims or benefits inuring to any
person or entity that is not a party to this Lease, nor does it create or establish any third party beneficiary to this Lease. Tenant shall
not be a third party beneficiary of any agreements entered into by Landlord which may affect the Premises.
43. NON-TERRORIST REPRESENTATION. Each person or entity constituting Tenant by its execution of this Lease
certifies that he/she has not been nor will be designated or named as a terrorist, a Specially Designated National and Blocked
Person, or any other banned or blocked individual or entity pursuant to any law, order, rule or regulation that is enforced or
administered by the Office of Foreign Assets Control or on the most current list published by the U.S. Treasury Department Office
of Foreign Assets Control at its official website. Any violation of this Section shall constitute a default under this Lease. Tenant
shall defend, indemnify, and hold harmless the Landlord Indemnitees from and against any and all claims, damages, losses, risks,
liabilities, and expenses (including reasonable attorneys’ fees and costs) arising from or related to any current or future breach of the
foregoing certification.
44. POSSESSION; AGREEMENT EFFECTIVENESS; NO OFFER. In the event Landlord cannot deliver possession
of the Premises to Tenant upon the Estimated Commencement Date identified in Section 2.F, then Landlord shall have no liability
to Tenant, but Rent shall abate until possession is given and the Commencement Date and Expiration Date shall automatically be
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 23
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 24 of 90
Tenant Name: _____________________________________ Page 19
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
extended for such additional period of time until possession can be given to Tenant; provided, however, that if (a) Landlord is unable
to deliver possession of the Premises to Tenant within thirty (30) days after the Estimated Commencement Date (and such delay was
not caused by Landlord’s performance of Landlord Work, Repair & Maintenance Work or other work requested by Tenant and
agreed to by Landlord in writing) or (b) Landlord has not acquired title to the Premises within thirty (30) days after the Estimated
Commencement Date (it being understood and agreed that Landlord’s obligations under this Lease are expressly contingent upon
Landlord acquiring title to the Premises prior to the expiration of such 30-day period), then Landlord and Tenant shall each have the
right to terminate this Lease and the Right to Purchase Agreement (but not one without the other) upon notice to the other delivered
after the 30
th
day after the Estimated Commencement Date but prior to Landlord’s actual delivery of the Premises to Tenant, in which
event this Lease and the Right to Purchase Agreement shall each be deemed to have been void ab initio (to have never been of any
force or effect), neither party shall have any further obligation to the other hereunder or thereunder, and any Security Deposit and
prepaid Rent shall be promptly refunded to Tenant, except as otherwise provided in the Document Review Agreement to the contrary.
Notwithstanding the foregoing to the contrary, it is understood that if Landlord has not acquired title to the Premises based upon
Tenant’s indication that it has withdrawn or revoked (or attempted to withdraw or revoke) this Lease or the Right to Purchase
Agreement prior to their full execution and delivery (or thereafter but prior to the Commencement Date), whether or not same is
prohibited by the terms thereof, then Landlord shall be entitled to retain the Deposit described in the Document Review
Acknowledgment.
Landlord has delivered a copy of this Lease to Tenant for Tenant's review only, and the delivery hereof does not constitute
an offer or an option to Tenant. Notwithstanding anything contained in this Lease to the contrary, the submission of this Lease
to Landlord, executed on behalf of Tenant, shall constitute an irrevocable offer to Landlord to enter into this Lease which
may be accepted by Landlord within fifteen (15) days after Tenant’s submission thereof to Landlord, and Tenant shall not
have the right to terminate this Lease nor revoke its offer within such 15-day period.
Landlord has made or will be making an offer to purchase the Premises in reliance upon Tenant’s having submitted
a signed copy of this Lease and the Purchase Right Holder having submitted a signed Right to Purchase Agreement to
Landlord. Tenant acknowledges that Landlord shall have incurred significant costs in an attempt to purchase (or the actual purchase
of) the Premises in material reliance upon such irrevocable offer. As such, in the event Tenant or the Purchase Right Holder changes
its mind or attempts to revoke or terminate this Lease or the Right to Purchase Agreement prior to the last to occur of (i) the full
execution and delivery of this Lease and the Right to Purchase Agreement by Landlord and (ii) Landlord’s acquisition of title to the
Premises, then if Landlord agrees to a termination of Tenant’s irrevocable submission of this Lease and the Right to Purchase
Agreement to Landlord within such 15-day period (it being understood and agreed that Landlord shall have no obligation to so agree
in either event), Landlord shall have the right to retain the Deposit made by Tenant pursuant to the Document Acknowledgement
Agreement (regardless of whether or not same is deemed to be prepaid Rent, Security Deposit or otherwise) to reimburse Landlord
for the out-of-pocket costs and expenses incurred by Landlord in connection with purchasing or attempting to purchase the Premises
(including but not limited to inspection costs, third party professional costs, closing costs, rehabilitation costs of the Premises,
attorneys’ fees and the like, as more particularly described in the Document Review Acknowledgment, collectively, the Termination
Costs), and to the extent that amount of the Deposit retained by Landlord exceeds the aggregate amount of the Termination Costs,
such difference shall be deemed to be liquidated damages to compensate Landlord for the loss of its bargain. The parties acknowledge
and agree that the amount of Landlord's actual damages in such circumstance would be difficult, if not impossible, to determine and
that the amount of the Deposit in excess of Termination Costs is a reasonable estimate of Landlord’s damages and not a penalty.
Except for the rights and obligations of Landlord and Tenant contained in Paragraph 21 of the Right to Purchase Agreement, this
Section and the obligations contained in the Document Review Acknowledgment (which shall all become binding against Tenant
and Purchase Right Holder upon their execution and submission to Landlord of this Lease, the Right to Purchase Agreement and the
Document Review Acknowledgment, whether or not they are accepted by Landlord or if accepted, later terminated), this Lease (and
the Right to Purchase Agreement) shall not otherwise become effective against Landlord until this Lease and the Right to Purchase
Agreement have been executed by Landlord and Tenant or Purchase Right Holder, as applicable, and a fully executed copy of each
is delivered to Tenant and the Purchase Right Holder, as applicable.
45. PRIVACY STATEMENT. By executing this Lease, Tenant hereby (a) reaffirms its consent to be bound by Landlord’s
Privacy Statement which can be found at www.homepartners.com ("Site"), as same may be modified from time to time (“Privacy
Statement”), (b) consents to the collection and use by Landlord and Landlord’s Agents (on Landlord’s behalf) of Tenant’s personally
identifiable information (“Personal Information”) whether via use of the Site, provided offline to or obtained by Landlord (e.g., a
paper lease application, social security number, information contained in a credit or employment history check, etc.) and (c) expressly
authorizes Landlord to use and/or disclose Personal Information for any of the following reasons: (i) to communicate with Tenant,
(ii) to share or use such Personal Information to process and verify information contained in Tenant’s lease application, to perform
background and credit checks, and to enforce this Lease, the Right to Purchase Agreement and other Tenant obligations, (iii)
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 24
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 25 of 90
Tenant Name: _____________________________________ Page 20
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
promotional or marketing purposes, (iv) to share such Personal Information with Landlord’s Agents, affiliates or third parties in
connection with the business purposes of Landlord, the Site or the Premises, (v) as required or permitted by Applicable Laws in the
event of a criminal investigation, suspected illegal activity or as requested by government or regulatory authorities, (vi) in connection
with an acquisition, financing, merger, restructuring, sale or other transfer involving the Premises, this Lease or all or any portion of
Landlord’s business and/or (vii) for other business purposes of Landlord. If Tenant does not wish to receive future commercial email
messages from Landlord, it may opt out of receiving such commercial email messages by following the link and instructions provided
in the Site or in such email messages, which opt-out right applies to commercial email messages only.
46. REPRESENTATIONS IN APPLICATION FOR LEASE. This Lease has been entered into in reliance on the
information given by Tenant on Tenant’s application for Lease which information is made a part of this Lease by this reference.
Tenant shall promptly advise Landlord in writing of any changes to the information contained in the application. If any of Tenant’s
material representations are found to be misleading, incorrect, untrue or omitted, it shall constitute a default under this Lease and
Landlord shall have the right to immediately terminate this Lease in accordance with Applicable Law and require Tenant to vacate
the Premises, to the extent permitted by Applicable Law.
[remainder of page intentionally left blank]
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 25
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 26 of 90
Tenant Name: _____________________________________ Page 21
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
47. ORIGINALS AND ATTACHMENTS. This Lease has been executed in multiple originals, each with original
signatures. When the Condition Form is completed, both Tenant and Landlord should retain a copy. The items checked below are
attached to this Lease and are incorporated herein by this reference and are binding upon the parties even if not initialed or signed:
Attachment A (Utilities & Services)
Attachment B (State and Federal Disclosures)
Attachment B-1 (Montgomery County, MD provisions)
Attachment C (Minimum Required Insurance Addendum)
Crime Free Lease Addendum
Utilities Transfer Authorization
Pet Addendum
HOA Rules and Related Documents
Rules and Regulations
Renovation Addendum For Landlord Work
Repair, Maintenance & Improvement Addendum
Mold Addendum
Commencement Date Notification (form attached)
Condition Form (to be provided on or about the Commencement Date)
Other:________________________________
Tenant understands that this Lease will automatically renew at the end of the Initial Term, and for up to four (4) additional
Renewal Terms of one (1) year each, unless Tenant gives Landlord at least sixty (60) days’ prior written notice of Tenant’s
intention to terminate the Lease effective as of the then-scheduled Expiration Date, or unless the Lease is terminated in
another manner. By initialing below, Tenant indicates its consent to the automatic renewal provision which is more
particularly described in Section 3 of this Lease.
Tenant's Initials: _____________________________
THISLEASEISNOTACONTRACTTOBUY.THISAGREEMENTISANINTEGRALPARTOFYOURLEASE
ANDISGOVERNEDBYTITLE8OFTHEREALPROPERTYARTICLEOFTHEANNOTATEDCODEOF
MARYLANDANDATENANTORPROSPECTIVETENANTSHALLHAVEALLAPPLICABLERIGHTSAND
REMEDIESPROVIDEDUNDERTHATTITLE.
In Witness Whereof, the parties have executed this Lease, intending to be legally bound thereby, effective as of the
date set forth after Landlord’s signature below as the Effective Date.
AirFilterAddendum
Tenant:
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 26
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 27 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
ATTACHMENT A
UTILITIES & SERVICES
Excluded Utilities & Services* (Tenant’s responsibility and expense) (check all that apply):
Electricity
Gas/Heating fuel
Window and Door storms & screens replacement, except to the extent performance of same is required by Landlord
pursuant to Applicable Law
Pest control (interior and exterior), except to the extent performance of same is required by Landlord pursuant to Applicable
Law
Furnace/HVAC - supply and change heating and air conditioning filters at least once a month
Water service and, where applicable, irrigation service
Sewage disposal and storm sewer service
Rubbish removal
Regular lawn mowing
Landscape maintenance which includes, but is not limited to, lawn mowing, removing weeds and debris, fertilizing,
mulching and trimming all lawns, shrubbery, flowers, trees and other landscaping and foliage
Snow and ice removal (including ice melt or salting), as necessary
Replacement with working batteries in smoke/carbon monoxide detectors no less than every 6 months
Replacement of light bulbs, as needed
Day-to-day maintenance and repairs but excluding any repairs required to be made by Landlord pursuant to Applicable
Laws
Other: _________________________________________
Included Utilities & Services* (Landlord’s responsibility and expense [except as otherwise noted]) (check all that apply):
Real property taxes assessed on the Premises, including water and sewer improvement assessments (but specifically
excluding any component thereof that would be included as Excluded Utilities & Services)
HOA dues or fees, if any (but specifically excluding any so-called amenity service fees and any usage, sales or other taxes
thereon, the payment of which shall be Tenant’s sole responsibility)**
Furnace/HVAC cleaning and servicing (if Landlord elects to perform same, which it shall not be obligated to do)
Storms & Screens replacement, but only to the extent Applicable Law requires same to be performed by Landlord
Pest control (interior and exterior), but only to the extent Applicable Law requires same to be performed by Landlord
Any repairs required to be made by Landlord pursuant to Applicable Laws (except as otherwise provided in the Lease,
Right to Purchase Agreement or the Executed Purchase Contract)
Other: _________________________________________
* Tenant shall at all times be responsible for all service fees, usage and sales taxes and any other taxes and fees whatsoever
related to any utility or service provided to the Premises regardless of whether they are related to Included Utilities &
Services or Excluded Utilities & Services.
** To the extent any Excluded Utilities & Services are included within HOA dues and fees, Tenant shall not be responsible
for payment thereof.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 27
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 28 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
ATTACHMENT B
STATE (MARYLAND) AND FEDERAL PURCHASE AND LEASE DISCLOSURES
1. ASBESTOS: If the Premises was constructed before 1981, it may contain asbestos-containing materials. If checked, Landlord
has provided Tenant with an Asbestos Addendum disclosing any information known by Landlord regarding the location and
condition of asbestos actually known to exist in the Premises. Tenant may not disturb in any manner any areas noted in any
Asbestos Addendum.
Check if Premises was built before 1981.
Check and Tenant to initial if Landlord provided Tenant with an Asbestos Addendum.
2. LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint. Lead-based paint, paint chips, and
dust can pose health hazards if not maintained properly. Lead exposure is especially harmful to young children and pregnant
women. Before renting pre-1978 housing, (i) landlords must disclose in writing the presence of known lead-based paint and/or
lead-based paint hazards in the Premises in an owners “Disclosure of Information on Lead-Based Paint and/or Lead Based
Hazards” and (ii) tenants must also receive a federally-approved EPA information pamphlet “Protect Your Family From Lead
in Your Home” on lead poisoning prevention (jointly, "Lead Disclosures"). Note to Tenant and Landlord: Waiver of Statutory
and Lead Disclosures is prohibited by Applicable Law.
Check if Premises was built before 1978.
Check and Tenant to initial if Tenant acknowledges that it received both of the Lead
Disclosures from Landlord prior to the Commencement Date.
Title X, Section 10108, Residential Lead-Based Paint Hazard Reduction Act of 1992 (the Federal Program) requires the
disclosure of certain information regarding lead-based paint and lead-based paint hazards in connection with the rental of
residential real property. An owner of pre-1978 housing is required to disclose to the tenant, based upon the owners actual
knowledge, all known lead-based paint hazards in the Premises and provide the tenant with any available reports in the
owner’s possession relating to lead-based paint or lead-based paint hazards applicable to the Premises.
If the Premises was built before 1979, the Premises is also subject to the Maryland Lead Paint Poisoning Prevention Program
Act contained in Sections 6-801 et seq. of the Environmental Article of the Annotated Code of Maryland (“Maryland
Program”). If the Premises was built before 1950, all terms of the Maryland Program apply to the Premises. If the Premises
was built during or after 1950 but not later than 1978, the terms of the Maryland Program also apply to the Premises except
that Landlord will have the option to participate in the liability limitation portion of the Maryland Program. Pursuant to the
Maryland Program, Landlord represents and warrants to Tenant, intending that they rely upon such warranty and
representation, that (Landlord shall check and initial the section that applies):
The Premises was built prior to 1950, the Maryland Program applies fully.
The Premises was built after 1949 but before 1979, and by checking this item, Landlord, at its option, has
elected to have the Maryland Program apply.
The Premises was built after 1979, the Maryland Program does not apply.
Age Classification Unknown: Landlord is uncertain as to age classification; therefore, Landlord
acknowledges that, for the purposes of the rental contemplated by this Lease, the Premises will be treated as though it had
been constructed prior to 1950, and agrees that the Premises is fully subject to Federal and Maryland law as to the presence
of lead-based paint and/or lead-based paint hazards.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 28
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 29 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
Notice to Tenant - lead-based paint and lead-based paint hazards: Tenant acknowledges that the Premises may be subject to
Federal and Maryland law as to the presence of lead-based paint and/or lead-based paint hazards. Tenant acknowledges the
receipt of the following required brochures pursuant to the Maryland Program:
(i) The Notice of Tenants’ Rights, Lead Poisoning Prevention, published by the Maryland Department of the Environment;
(ii) The “Protect Your Family From Lead In Your Home” brochure, published by the United States Environmental Protection
Agency; and
(iii) The “Keep Your Home Lead-Safe” pamphlet, published by the Maryland Department of the Environment.
________ Check and Tenant to initial acknowledging receipt of items (i) - (iii) and confirming that Tenant understands
and acknowledges that compliance under Federal and Maryland laws is the sole responsibility of Landlord to the extent set
forth in Applicable Laws and that Tenant agrees to read and become familiar with the requirements of Federal and Maryland
law as contained in the above brochures and notice.
3. RADON GAS NOTIFICATION: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building, in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Maryland. Additional information regarding radon and radon testing may
be obtained from your county public health unit.
4. HISTORIC DISTRICT:
(CHECK IF PREMISES IS LOCATED WITHIN AN HISTORIC DISTRICT AND THIS
SECTION IS APPLICABLE). Tenant acknowledges that the Premises is located in the ____ historic district and is subject to
strict covenants concerning (a) architectural changes and additions to the Premises and other real property within that district,
and (b) other uses of the Premises. Tenant agrees not to violate or allow any Occupant to violate those covenants. Landlord
will provide a copy of those covenants to Tenant promptly on written request by Tenant.
5. HOMEOWNERS’ ASSOCIATION:
Check if Premises is located within an HOA. See Section 3 of the Lease for additional HOA provisions.
6. MARIJUANA. On January 20, 2011, the U.S. Department of Housing and Urban Development issued a Memorandum on the
Subject of Medical Use of Marijuana and Reasonable Accommodation in Federal and Public Housing. The Memorandum states
that even though "otherwise disabled medical marijuana users are not excluded from the Fair Housing Act's definition of
'handicap', accommodations allowing for the use of medical marijuana in public housing or other federally assisted housing are
not reasonable." In the final analysis, it appears that the U.S. Department of Housing and Urban Development has unequivocally
determined that a landlord can refuse to permit the use of medical marijuana and other medical marijuana-related conduct.
Accordingly, to the maximum extent permitted by Applicable Laws, giving primacy to federal laws to the extent they supersede
state or local laws, the storage, transportation, use or consumption of medical marijuana or similar substances on the Premises
is strictly prohibited.
________ Tenant to initial.
7. See Commencement Date Notification and the Right to Purchase Agreement for additional disclosures which may have been
provided to and acknowledged by Tenant.
________ Check and Tenant to initial if Landlord provided Tenant with a Real Property Disclosure.
8.
Check if the Premises is located in Montgomery County, Maryland, in which event Attachment D-1 attached hereto shall
be incorporated into the Lease by this reference; otherwise, it shall be disregarded.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 29
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 30 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
FOR PURPOSES OF THIS ATTACHMENT B, REFERENCES TO TENANT SHALL INCLUDE THE PURCHASE
RIGHT HOLDER.
THE UNDERSIGNED ACKNOWLEDGES HAVING RECEIVED AND READ THE FOREGOING LIST OF
DISCLOSURES AS WELL AS HAVING RECEIVED ANY SEPARATE DISCLOSURES REFERENCED IN THIS
ATTACHMENT B AS OF _______________________________.
Tenant:
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name
:
_______________________________
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 30
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 31 of 90
ATTACHMENT C
MINIMUM REQUIRED INSURANCE ADDENDUM TO LEASE AGREEMENT
This Addendum is attached to and becomes a part of that certain Residential Lease Agreement (the "Lease") by and
between the Tenant and Landlord dated the date hereof. All capitalized terms herein shall have the meaning ascribed to
such term in the Lease, unless such term is otherwise defined herein. Notwithstanding anything to the contrary set forth in
the Lease, this Addendum shall control with regard to any conflicts that may arise. Landlord and Tenant, as a condition
precedent to the execution of the Lease, agree as follows:
1. During the entire Term of the Lease, minimum insurance coverage (Minimum Required Insurance”) for the
Premises must remain in full force and effect. The Minimum Required Insurance requirement may be met in one of two
ways.
A. OPTION 1: As an alternative to Landlord obtaining Replacement Renter’s Insurance as set forth in
Section 12 of the Lease, Tenant understands and agrees that if Tenant declines (or otherwise fails) to obtain their own
insurance pursuant to Option 2 below in Section 1(B), Tenant shall automatically be enrolled into the Master Resident
Liability Program (“MRLP”). Pursuant to the MRLP, Landlord shall purchase One Hundred Thousand Dollars
($100,000.00) of property damage liability insurance on its own behalf solely to bring Tenant into compliance of the
Minimum Required Insurance requirement, with such insurance being referred to herein as MRLP Replacement
Coverage.” Other terms and conditions regarding this option are further set forth below in Section 2.
B. OPTION 2: Tenant obtains their own insurance which, on an occurrence basis which must include (i)
general liability coverage in an amount of not less than Three Hundred Thousand Dollars ($300,000.00, or Five Hundred
Thousand Dollars ($500,000) if the Premises has a pool/spa, or such higher amount as may be required by any Pool/Spa
or other Addendum now or hereafter made a part of the Lease) covering Tenant’s legal liability for damage to the
Landlord’s property for no less than the following causes of loss: fire, smoke, explosion, backup or overflow of sewer,
drain or sump, water damage, and falling objects, and (ii) personal property coverage in an amount that Tenant deems
sufficient to cover the repair or replacement costs of any loss to Tenant’s personal property located at the Premises. Under
this Option 2, Tenant is required to (a) cause the insurer or agent to provide Landlord with written evidence of such
insurance prior to taking possession of the Premises (e.g., by delivery of a certificate of insurance or other evidence in
Landlord’s sole and absolute discretion) (b) take all actions necessary for Landlord, in Landlord’s sole and absolute
discretion, to be notified by the issuer of the Minimum Required Insurance if such coverage is terminated or not renewed
(i.e., the issuer of such insurance must agree to name Landlord as an additionally insured party and provide at least 30
days’ prior written notice to Landlord of its intention to cancel or not renew such policy, 10 days for nonpayment), and (c)
Name POPIC, LLC Pathlight Property Management” as an additional interest, and list its address as: 1200 Newport
Center Drive, Ste. 185, Newport Beach, CA 92660. Unless Landlord otherwise indicates in writing, evidence of
insurance required to be maintained by Tenant pursuant to this Addendum shall be delivered by Tenant to
notices@pathlightmgt.comand [email protected].
2. If MRLP Replacement Coverage is purchased pursuant to the MRLP as described in Option 1 above, it is
understood that such policy will be purchased by the Landlord for its own benefit. However the cost of such MRLP
Replacement Coverage, Thirteen Dollars ($13.00) for each month or partial month during the period during which
such MRLP Replacement Coverage is applicable, shall be passed on to the Tenant and constitute Additional Rent
payable by Tenant with Tenant’s next Monthly Base Rent payment due. Additionally, Tenant acknowledges and
agrees that with regard to any MRLP Replacement Coverage:
(a) Landlord shall not be obligated to include Tenant as an insured on such MRLP Replacement
Coverage (or if included, Tenant may be a secondary beneficiary under such policy while Landlord is the primary
beneficiary thereof).
(b) MRLP Replacement Coverage is strictly property damage liability insurance independently
purchased and carried by the Landlord for its own benefit in part to satisfy Tenant’s obligation to carry Minimum
Required Insurance. IT IS NOT PERSONAL LIABILITY INSURANCE OR RENTER’S INSURANCE
BENEFITTING TENANT, NOR IS IT A POLICY IN THE NAME OF THE TENANT OR PURCHASED
FOR TENANT. Landlord makes no representation that MRLP Replacement Coverage covers the Tenant’s
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 31
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 32 of 90
personal property (contents), additional living expense or liability arising out of bodily injury to any third party, only
a renter’s insurance policy will do this. Therefore, if Tenant desires any of these coverages, then Tenant should
contact an insurance agent or insurance company of Tenant’s choice to obtain such coverage because Landlord shall
not be obligated to include Tenant’s personal liability or Tenant’s personal belongings in the coverage of such
MRLP Replacement Coverage.
(c) Landlord is not required to obtain MRLP Replacement Coverage and shall have no liability for
failure to obtain any MRLP Replacement Coverage or for the failure of such insurance to cover Tenant’s personal
liability, personal property or other belongings.
(d) The MRLP Replacement Coverage may be more expensive than the cost of insurance obtainable by
Tenant elsewhere. At any time Tenant may obtain Minimum Required Insurance or broader coverage from an insurance
agent or insurance company of Tenant’s choice; provided however, Tenant must immediately furnish evidence of such
new insurance to Landlord consistent with Paragraph 1 above, and if Tenant fails to do so, they shall be in material default
under the Lease. If Tenant furnishes evidence of such Minimum Required Insurance and maintains that insurance for the
duration of the Lease Agreement, then the MRLP Replacement Coverage shall be cancelled by Landlord and nothing more
is required.
(e) Licensed insurance agents may receive a commission on the MRLP Replacement Coverage.
(f) Any MRLP Replacement Coverage policy obtained by Landlord shall terminate
contemporaneously with the expiration or termination of this Lease. At least fifteen (15) days prior to the cancellation
or expiration of each policy of Minimum Required Insurance, Tenant shall provide Landlord with written evidence of
renewal thereof and payment of the premium therefor. Any Minimum Required Insurance maintained (or required to be
maintained) by Tenant hereunder shall be primary to any insurance carried independently by Landlord, and Tenant agrees
to look solely to, and seek recovery only from, Tenant’s insurance carriers in the event of a loss.
3. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original. This
Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted
assigns.
_______________________________________
Tenant Signature
_______________________________________
Date
_______________________________________
Tenant Signature
_______________________________________
Date
_______________________________________
Tenant Signature
_______________________________________
Date
_______________________________________
Tenant Signature
_______________________________________
Date
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
7/27/2021
7/27/2021
7/27/2021
7/27/2021
7/28/2021
Ex. A - 32
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 33 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
CRIME FREE LEASE ADDENDUM
As part of the consideration for the execution or renewal of a lease of the Premises identified in the Residential Lease Agreement (Lease”) among the
undersigned parties to which this Crime Free Lease Addendum (“Crime Free Addendum or Addendum) is attached, in addition to all other terms of the
Lease, Landlord and Tenant hereby agree that this Crime Free Addendum expressly amends the Lease as follows:
1. Tenant covenants and agrees that each Occupant:
a. Shall not engage in any criminal activity or violation of local municipal code or any other violations as defined by local, state or federal law,
including drug-related criminal activity, on, near or off the Premises. Drug related criminal activity shall mean the illegal manufacture, sale,
distribution, use, possession and possession with intent to manufacture, sell, distribute, or use an illegal or controlled substance (also as
defined in § 102 of the Controlled Substance Act [21 U.S.C. 802]).
b. Shall not engage in any act that is intended to facilitate any criminal activity or violation of local municipal ordinances or any other violations
as defined by any local, state or federal law and/or obstruct or resist law enforcement’s efforts against criminal activity on, near or off the
Premises.
c. Shall not permit the Premises to be used for or to facilitate any violations of Applicable Laws.
d. Shall not engage in the unlawful manufacturing, selling, using, storing, keeping or giving of an illegal or controlled substance as defined in
any Applicable Laws, at any locations, whether on, near or off the Premises.
e. Shall not engage in any illegal activity, including, but not limited to prostitution, criminal street gang activity, threatening or intimidating
acts, the unlawful discharge of a weapon on, near or off the Premises, or any breach of the Lease that otherwise jeopardizes the health,
safety and welfare of Landlord, Landlord’s Agents, or any person or Occupant, or involving risk of imminent or actual damage to person or
property.
To the maximum extent not prohibited by Applicable Laws, Tenant agrees to be responsible for the actions of all Occupants, regardless of
whether Tenant knew or should have known about any such actions.
2. VIOLATION OF ANY OF THE PROVISIONS CONTAINED IN PARAGRAPH 1 ABOVE SHALL BE A MATERIAL AND IRREPARABLE
VIOLATION OF THE LEASE AND SHALL CONSTITUTE GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE LEASE, TENANT’S
TENANCY AND EVICTION FROM THE PREMISES, SUBJECT TO APPLICABLE LAWS. It is understood and agreed that a single violation of
any of the provisions of this Addendum shall be deemed to constitute a serious, material and irreparable breach of the Lease for which no notice or
opportunity to cure shall be required to be given unless required by Applicable Laws, and that such violation shall constitute good cause for imme d i a t e
termination of the Lease or the exercise of other Landlord’s Rights and Remedies. Unless otherwise provided by law, proof of violation shall not
require a criminal conviction, but shall only require a preponderance of the evidence.
3. To the extent permitted by Applicable Law, Tenant hereby authorizes Landlord and Landlord’s Agents to use police-generated reports and/or
business records as a hearsay exemption against Tenant and agrees that same shall constitute reliable, direct evidence in all eviction hearings and
other litigation matters.
4. This Addendum is incorporated into the Lease as though fully set forth therein. In case of conflict between the provisions of this Addendum and
any provisions of the Lease, the provisions of this Addendum shall govern. Capitalized terms used in this Addendum which are not otherwise
defined herein shall have the meanings ascribed thereto in the Lease. This Addendum may be executed in one or more counterparts, each of which
shall be deemed an original. The Lease, as amended by this Addendum, shall continue in full force and effect, subject to the terms and provisions
thereof. This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the Effective Date of the Lease.
Tenant:
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 33
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 34 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
UTILITIES TRANSFER AUTHORIZATION
As part of the consideration for the execution or renewal of a lease of the Premises identified in the Residential Lease Agreement
(Lease) to which this Utilities Transfer Authorization (“Utilities Authorization”) is attached, in addition to all other terms of the
Lease, Landlord and Tenant hereby agree as follows:
If Tenant fails to transfer accounts for utilities and services for which Tenant is responsible under the Lease (i.e., Excluded Utilities
& Services) into the name of one or more of the persons who constitute Tenant within 72 hours of the Commencement Date,
the same shall constitute a default under the terms of the Lease, and Tenant hereby unconditionally authorizes Landlord and its
representatives to do so on Tenant’s behalf (in the name of one or more of the persons who constitute Tenant, in Landlord’s
discretion) and to provide any information and take any actions necessary to do so.
Tenant agrees that if Tenant fails to timely pay for all Excluded Utilities & Services, Landlord shall have the right, but not the
obligation, to pay them on Tenant’s behalf, and such payment shall not be considered a waiver under any circumstances under
the Lease, but any and all such payments made by Landlord on Tenant’s behalf shall be considered Additional Rent to be included
with Tenant’s next Monthly Base Rent payment due and payable in accordance with the terms of the Lease.
This Utilities Authorization is attached to and incorporated into the Lease as though fully set forth therein. In case of conflict
between the provisions of this Utilities Authorization and any provisions of the Lease, the provisions of this Utilities Authorization
shall govern. Capitalized terms used in this Utilities Authorization which are not otherwise defined herein shall have the meanings
ascribed thereto in the Lease. This Utilities Authorization shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
IN WITNESS WHEREOF, the undersigned has executed this Utilities Authorization as of ________________________ with
respect to the Premises located at: ________________________________________________________________.
Tenant:
_____________________________________
Name: _______________________________
_____________________________________
Name: _______________________________
_____________________________________
Name: _______________________________
_____________________________________
Name: _______________________________
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
8/24/2021
Ex. A - 34
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 35 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
PET ADDENDUM
As part of the consideration for the execution or renewal of a lease of the Premises identified in the Residential Lease Agreement (Lease)
to which the undersigned Landlord and Tenant are parties and to which this Pet Addendum to Residential Lease Agreement (Pet Addendum) is
attached, Landlord and Tenant hereby agree that this Pet Addendum expressly amends the Lease. Landlord and Tenant each hereby agrees
to the following rules and regulations regarding the presence of Pets in or around the Premises.
1. Tenant agrees that only the Pets listed and named below may occupy the Premises. No additional, replacement or different Pets are
allowed without the prior written consent of the Landlord and execution of a new Pet Addendum. Only a combined maximum number
of three (3) Pets are allowed on the Premises at any time, each must be a non-aggressive breed and all must weigh less than 180 pounds
in total combined weight. Any dog which is one of or a mix of the following breeds is expressly prohibited from being on the Premises:
Rottweiler, Pit Bull, Doberman or Mastiff. Any Pet that demonstrates aggressive behavior toward an individual or another animal shall
be promptly and permanently removed from the Premises and failure to do so will constitute a default under the Lease and could result
in legal action.
2. Tenant shall abide by all Applicable Laws, insurance requirements and HOA Rules with respect to Pets (including but not limited to
licensing and shot requirements), and agrees that Pets will not cause: danger, damage, nuisance, noise, health hazard or soil the
Premises, grounds, or landscaping in or around the Premises and agrees to indemnify Landlord for same. Tenant hereby accepts full
responsibility and liability for any damage, injury or actions arising from or caused by the Pets (both to the interior and exterior of the
Premises). Tenant shall be responsible for ensuring that the Pets do not damage property (including the Premises and property of others)
and Tenant shall be solely responsible for all costs involved to restore same to the original undamaged condition, it being agreed that
if same cannot be repaired or restored, then Tenant agrees to pay the full cost of replacement. Tenant shall be responsible for preventing
the Pets from engaging in behaviors or creating excessive noise at levels that may disturb neighbors including, but not limited to,
barking, jumping, and running off-leash. Pets must be restrained or confined whenever a service call is requested or whenever it is
likely to limit or prohibit Landlord or Landlord’s Agents or others access to the Premises as permitted by the Lease. Landlord reserves
the right to require that Tenant purchase and maintain dog bite liability insurance if Landlord has approved a dog at the Premises (other
than a service or assistance animal).
3. If there is reasonable cause to believe an emergency situation exists with respect to a Pet and if reasonable efforts to contact Tenant are
unsuccessful, Landlord or Landlord’s Agents shall have the right to contact the local animal control authority and assist its staff in
entering the home. Examples of an emergency situation include suspected abuse, abandonment, fire or other disaster, or any prolonged
disturbance. If it becomes necessary for the Pet to be boarded, all costs incurred will be the sole responsibility of Tenant.
4. As a condition of Landlord consenting to Tenant having the Pet(s) identified in this Pet Addendum at the Premises, Tenant agrees to
pay a $300.00 pet fee and, upon such payment, shall be entitled to have one (1) Pet at the Premises at any given time. For clarification
purposes, if as of the Commencement Date or anytime thereafter, two (2) Pets have been approved by Landlord for the Premises and
are identified on one or more Pet Addenda, Tenant shall pay a $300.00 pet fee for each Pet or $600.00 total; provided, however, that
if, during the Term, one of those Pets is replaced by a different approved Pet, then no additional pet fee shall be charged for the
replacement Pet; provided, further, however, that if a third (3
rd
) Pet is approved and brought into the Premises, then an additional Pet
Addendum must be executed and one additional pet fee shall be due and payable. The initial pet fee shall be due and payable on or
before the Commencement Date or the date that the Pet is first brought into the Premises, if after the Commencement Date. It is
understood and agreed that any damage to the Premises caused by a Pet shall be deemed to have been caused by and accepted by
Tenant, Purchase Right Holder and Purchaser, as the case may be, and neither Seller nor Landlord shall be responsible for repairing
same. Landlord shall have the right, in accordance with Applicable Laws, to deduct from the Security Deposit the cost of repairing any
damage caused to the Premises by any Pet during the Term which shall include, but not be limited to, the cost to professionally treat
the Premises (interior and exterior) for fleas, ticks and the like if there is reasonable evidence of pet damage, repaint and clean carpets
and window treatments, in each case with contractors selected by Landlord. Neither the amount of the pet fee, Security Deposit nor
Pet Rent shall limit Tenant’s liability for damages as a result of any Pet under the terms of this Pet Addendum or the Lease nor waive
any of Landlord’s Rights and Remedies. In addition to each pet fee, Tenant agrees to pay to Landlord the sum of $30.00 per
month (prorated for partial months) as Pet Rent, which amount shall be considered and payable as Additional Rent under
the Lease, for all periods of time where there is one or more Pets at the Premises.
The
pet fee and the Pet Rent are (a) non-
refundable, (b) shall be deemed to have been earned upon
payment and (c) shall not constitute a deposit. Landlord shall not
be required to deduct the cost of pet damage from the nonrefundable pet fee nor the nonrefundable Pet Rent.
In no way
is this Section intended to be interpreted to apply to service or assistance animals to the extent same would violate Applicable Laws.
5. In the event of a violation of this Pet Addendum or any agreement in the Lease pertaining to Pets, Landlord shall have the right to take
any or all of the following actions: (a) declare Tenant to be in default of this Pet Addendum and the Lease and exercise Landlord’s
Rights and Remedies including but not limited to termination of the Lease, (b) charge Tenant, as Additional Rent, an initial amount of
$60.00 for the first day and $25.00 per day thereafter per pet for each day that such violation exists, (c) terminate this Pet Addendum
(and Tenant’s right to have a Pet at the Premises) and require Tenant to immediately remove or cause to be removed the applicable Pet
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 35
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 36 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
from the Premises, with such removal time to depend on the severity of the situation, but in no event more than three (3) days after
notice from Landlord, and/or (d) if Tenant fails to have the Pet removed pursuant to (c), Landlord may remove or cause to be removed
such Pet from the Premises and deliver it to appropriate local authorities by providing at least 24 hours’ prior notice to Tenant of
Landlord’s intention to remove the unauthorized Pet; and (e) charge Tenant Landlord’s cost to remove any unauthorized animal,
exterminate the Premises for fleas and other insects, clean and deodorize the carpets and drapes located in the Premises and repair any
damage to the Premises caused by the unauthorized pet (including repainting if necessary). When taking any action under this Pet
Addendum (including this Paragraph 5), and to the maximum extent allowed under Applicable Laws, Landlord shall not be liable for
any harm, injury, death or sickness to any Pet.
6. Tenant agrees that even if no Pets occupy the Premises upon execution of the Lease, if a Pet is brought onto the Premises at any time
(or permanently removed from the Premises), the above conditions apply and Tenant shall be obligated to immediately notify Landlord
of same and execute a new copy of this Pet Addendum in the event of a replacement or additional Pet.
7. Notwithstanding anything to the contrary contained herein, no Pet Rent, pet fee or deposit shall be required under this Pet Addendum
to the extent same is prohibited under the Americans with Disabilities Act, the Fair Housing Act or other Applicable Laws with respect
to a “service or assistance” or similar animals. Landlord reserves the right to require that such service or assistance animal be governed
by a separate agreement in accordance with Applicable Laws.
8. This Pet Addendum is incorporated into the Lease as though fully set forth therein. In case of conflict between the provisions of this
Pet Addendum and any provisions of the Lease, the provisions of this Pet Addendum shall govern. Capitalized terms used in this Pet
Addendum which are not otherwise defined herein shall have the meanings ascribed thereto in the Lease. This Pet Addendum may be
executed in one or more counterparts, each of which shall be deemed an original. The Lease, as amended by this Pet Addendum, shall
continue in full force and effect, subject to the terms and provisions thereof. This Pet Addendum shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and permitted assigns.
Type of House Pet Description (identify if House Dog or House Cat and if the animal is neither, it must be pre-approved by Landlord):
Type: Breed: Weight:
Type: Breed: Weight:
Type: Breed: Weight:
IN WITNESS WHEREOF, the parties hereto have executed this Pet Addendum as of the date set forth below.
The undersigned Tenant has read and agrees to the conditions of this Pet Addendum and WILL have the pet(s) listed and named
above occupying the Premises or WILL NOT have any Pet occupying the Premises.
Tenant:
___________________________________________
Name:
___________________________________________
Name:
Date: __________________________
___________________________________________
Name:
___________________________________________
Name:
Landlord:
, a Delaware limited liability company
By:_________________________________________________ Date: __________________
Name: __________________________________________
Its: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
X
X
7/27/2021
TrinityDurham
8/24/2021
Ex. A - 36
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 37 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
RENOVATION ADDENDUM FOR LANDLORD WORK
This Renovation Addendum For Landlord Work (“Addendum”) is attached to and made a part of that certain Residential Lease
Agreement (as heretofore amended and together with any other addenda thereto, the Lease”) to which the undersigned Landlord and
Tenant are parties with respect to that certain home located at __________________________________________________
(“Premises”). Landlord and Tenant agree as follows:
1. Landlord has agreed to perform or cause to be performed the renovation work to the Premises which is identified on Exhibit A
attached to this Addendum and by this reference made a part hereof (collectively, Landlord Work”) and Landlord shall make a good
faith effort to have such work substantially completed prior to the Commencement Date of the Lease.
2. Other than as provided in this Addendum or the Lease, Landlord has no obligation to improve, alter or remodel the Premises.
All installations made to the Premises shall be and shall remain the property of Landlord. If Landlord Work has not been substantially
completed on or before the Commencement Date (provided the Premises may be occupied as a residence without material inconvenience
to the Tenant and any life and safety issues of which Landlord has actual knowledge have been adequately addressed (Life Safety
Issues”)), then within three (3) Business Days after the Commencement Date, Tenant shall provide Landlord with a written Punch List
of any items constituting Landlord Work that Tenant identifies as being incomplete or incorrect (which Tenant may include in the
Condition Form), the Commencement Date shall remain unchanged and Landlord shall exercise reasonable efforts to cause the Punch
List items to be promptly completed or corrected. In the event of any dispute as to whether the Landlord Work has been substantially
completed, Life Safety Issues have been adequately addressed, or whether the Punch List items have been completed, the decision of
Landlord shall be final and binding on Landlord and Tenant absent manifest error. By taking possession of the Premises, Tenant shall
be deemed to have accepted the physical condition of Premises and agreed that the Premises is in good order and satisfactory condition
with all Landlord Work having been completed, except for items identified in the Punch List. The failure of Tenant to prepare and
deliver to Landlord a written Punch List within the aforesaid period of time (time being of the essence), shall be deemed an acceptance
by Tenant of the Premises and Landlord Work and a waiver of Tenant’s right to provide a Punch List relative thereto. Landlord and
Landlord’s Agents together with their respective agents, contractors, mechanics and workmen, shall have the right to enter the Premises,
at any time and with proper notice (if required by Applicable Law), to complete Punch List items, except to the extent prohibited by
Applicable Laws, and such entry for such purpose shall not constitute an actual or constructive eviction in whole or in part, nor shall it
entitle Tenant to any abatement or diminution of Rent, nor shall it relieve Tenant from any of its obligations under the Lease, nor shall
it impose any liability upon Landlord or Landlord’s Agents, to the maximum extent allowed under Applicable Laws.
3. Tenant acknowledges that the Purchase Price (as defined in the Right to Purchase Agreement) may be adjusted in accordance
with the terms of Paragraph 22 of the Right to Purchase Agreement based, in part, on the cost of performing Landlord Work. The cost
of Landlord Work shall not affect Tenant’s Monthly Base Rent obligations under the Lease.
4. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original. In case of a conflict
between the provisions of this Addendum and any provisions of the Lease, the provisions of this Addendum shall govern and control.
Capitalized terms used in this Addendum which are not otherwise defined herein shall have the meanings ascribed thereto in the Lease.
This Addendum may be executed in one or more counterparts, each of which shall be deemed an original. This Addendum shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum as of the Effective Date.
Tenant:
________________________________________
Name:
________________________________________
Name:
________________________________________
Name:
________________________________________
Name:
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 37
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 38 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
EXHIBIT A
TO RENOVATION ADDENDUM FOR LANDLORD WORK
Landlord Work consists solely of the following items of work:
1.
2.
[end of Exhibit A]
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
None
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 38
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 39 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
REPAIR, MAINTENANCE & IMPROVEMENT ADDENDUM
This Repair, Maintenance & Improvement Addendum to Residential Lease & Right to Purchase (“Addendum) expressly amends
both that certain Residential Lease Agreement (“Lease”) and that certain Residential Right to Purchase Agreement (“RTP
Agreement and together with the Lease and any addenda or modifications to either of them, the Agreements”), each between
the Landlord identified below ("Landlord”) and the Tenant and Purchase Right Holder, as applicable, who are identified below
(who shall collectively be referred to herein as “Tenantfor purposes of this Addendum) with respect to that certain home located
at ___________________________________________________________________________________ (“Premises”).
Capitalized terms which are used in this Addendum but are not defined herein shall have the meaning ascribed thereto in the
Agreements.
1. Tenant has agreed to accept possession of the Premises in its current AS-IS, WHERE-IS, WITH ALL FAULTS condition
and, except as expressly set forth in the Agreements or as provided by Applicable Laws, Landlord has no obligation to repair,
improve, alter or remodel the Premises. The Rent and Purchase Price amounts were negotiated with the express understanding
that Tenant will be responsible for repair and maintenance needs of the Premises, as specified in the Lease and RTP
Agreement. In the absence of Tenant’s agreement to maintain the Premises, Landlord would have charged a higher Rent and
Purchase Price amount.
2. Repair & Maintenance Costsshall mean Landlord’s aggregate cost of repairing, replacing and improving any portion of
the Premises including but not limited to (a) the appliances and fixtures currently or hereafter located within or serving same
which shall include but not be limited to the range, oven, broiler, washer/dryer, microwave, refrigerator, sinks, toilets, dry-
wall, cabinets, showers/tubs, and any other improvement, appliance or fixture located in or serving the Premises, to the extent
same are owned by Landlord and Landlord has either agreed or is required to repair or replace same, (b) the items which are
required to be maintained by Landlord pursuant to Section 16 of the Lease, Applicable Law, or otherwise, (c) any items which
Landlord has expressly agreed to perform at its sole cost and expense (including at Tenant’s request) pursuant to the
Agreements (excluding Landlord Work) (collectively, Repair & Maintenance Work”). The aggregate cost to Landlord of
performing or causing to be performed all Repair & Maintenance Work is referred to as Repair & Maintenance Costs”.
Repair & Maintenance Costs shall exclude any items which Tenant owns or is otherwise obligated to maintain and/or repair
at Tenant’s cost pursuant to the terms of the Lease and/or Applicable law and nothing contained herein shall relieve Tenant
of the repair, maintenance or payment obligation relating thereto. Nothing contained herein is intended to modify any of the
terms of the Renovation Addendum For Landlord Work which forms a part of the Lease.
3. Landlord shall have the right to perform or cause to be performed any of the Repair & Maintenance Work and all such items
shall become part of the Premises and shall be and shall remain the property of Landlord. Tenant shall provide Landlord with
a Punch List any Repair & Maintenance Work that Tenant identifies as being incomplete or incorrect within ten (10) days
after the performance thereof, in which event Landlord shall exercise reasonable efforts to cause the Punch List items to be
promptly completed or corrected. In the event of any dispute as to whether any portion of the Repair & Maintenance Work
has been completed, the decision of Landlord shall be final and binding on Landlord and Tenant absent manifest error. The
failure of Tenant to notify Landlord of any deficiencies in the performance of any Repair & Maintenance Work within ten
(10) days after the performance thereof (time being of the essence) shall be deemed an acceptance of the Repair &
Maintenance Work, and a waiver of Tenant’s right to provide a Punch List relative thereto or dispute same, subject to
Applicable Law.
4. Landlord, Landlord’s Agents, contractors, mechanics and workmen shall have the right to enter the Premises at any time to
perform the Repair & Maintenance Work and complete the Punch List items in accordance with Applicable Law and such
entry for such purpose shall not constitute an actual or constructive eviction in whole or in part, nor shall it entitle Tenant to
any abatement or diminution of Rent, nor shall it relieve Tenant from any of its obligations under the Agreements, nor shall
it impose any liability upon Landlord, to the maximum extent allowed under Applicable Laws.
5. The Purchase Price as set forth in the RTP Agreement includes a Repair & Maintenance Reserve (as defined in the RTP
Agreement) in the initial amount of $2,500.00 which may result in either a credit against or a reduction in the final Purchase
Price by an amount equal to the balance, if any, then remaining in such Repair & Maintenance Reserve as of the Closing. In
accordance with the RTP Agreement, the amount of the Repair & Maintenance Reserve shall be reduced from time to time
(but not below zero) by, among other things, the Price Adjustment (as defined in the RTP Agreement) and the aggregate
Repair & Maintenance Costs incurred by Landlord; provided, however, that (a) except as set forth in the remainder of this
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 39
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 40 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
Paragraph or the RTP Agreement, the aggregate Repair & Maintenance Costs applied as a reduction to the amount of the
Repair & Maintenance Reserve shall not exceed the aggregate sum of $2,500.00 and (b) any adjustments to the Repair &
Maintenance Reserve shall become effective as of the substantial completion of the applicable item of Repair & Maintenance
Work, it being understood that there may be more than one item of Repair & Maintenance Work prior to Closing. From time
to time, Landlord shall have the right to provide Tenant (and shall so provide Tenant promptly after receipt of the Exercise
Notice) an update of the calculation of the amount of the Purchase Price (including the amount of the Repair & Maintenance
Reserve that has been used as of the date of such update) based upon any adjustments to the Purchase Price pursuant to this
Addendum or any other provision of the Lease or RTP Agreement, it being understood and agreed that Landlord’s calculation
of the adjusted Purchase Price and the Repair & Maintenance Reserve, provided same is calculated consistently with the
terms hereof and thereof shall be final and binding on Landlord and Tenant absent manifest error. The Monthly Base Rent
payable under the Lease shall not be adjusted based upon any adjustments to the Purchase Price or the Repair & Maintenance
Reserve. Nothing contained in this Addendum shall affect Tenant’s obligation under the Lease to perform or pay for any
repair or maintenance work to the Premises which was Tenant’s obligation pursuant to the terms of the Lease or the cost of
which is otherwise deemed to be Additional Rent.
6. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original. The Agreements,
as amended by this Addendum, shall continue in full force and effect, subject to the terms and provisions thereof. In the
event of any conflict between the terms of the Agreements and the terms of this Addendum, the terms of this Addendum shall
control. This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective successors
and permitted assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Repair, Maintenance & Improvement Addendum to
Residential Lease & Right to Purchase as of _____________________________.
Tenant/Purchase Right Holder:
___________________________________________
Name:
___________________________________________
Name:
___________________________________________
Name:
___________________________________________
Name:
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
8/24/2021
Ex. A - 40
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 41 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
MOLD ADDENDUM
This Mold Addendum to Residential Lease Agreement (“Addendum”) is attached to and made a part of that certain Residential
Lease Agreement (as heretofore amended and together with any other addenda thereto, the Lease”) to which the undersigned
Landlord and Tenant are parties with respect to that certain home located at
_________________________________________________________________________(“Premises”). Landlord and Tenant
hereby agree to the following terms and provisions:
1. NATURE OF MOLD GROWTH. Mold is a type of fungi which occurs naturally in the environment and is necessary
for the natural decomposition of plant and other organic material. It spreads by means of sharing in microscopic spores borne on
the wind, and is found everywhere life can be supported. Most people are familiar with mold growth in the form of bread mold,
and mold that may grow on bathroom tile. Residential home construction is not, and cannot be, designed to exclude mold spores.
If the growing conditions are right, mold can grow in the Premises. In order to grow, mold requires a food source. This might
be supplied by items found in the home, such as fabric, carpet, or even wallpaper, or by building materials, such as drywall, wood,
and insulation, to name a few. Also, mold growth requires a temperate climate. The best growth occurs at temperatures between
40ºF and 100ºF. Most importantly, mold growth requires moisture.
2. MOISTURE AND MOLD GROWTH. Moisture availability is the only mold growth factor that can be controlled in
a residential setting. By minimizing moisture, Tenant can reduce or eliminate mold growth. Moisture in the home can have many
causes. Spills, leaks, overflows, condensation, and high humidity are common sources of home moisture. Good housekeeping
and home maintenance practices are essential in the effort to prevent or eliminate mold growth. If moisture is allowed to remain
on the growth medium, mold can develop within 24 to 48 hours. If moisture sources are not removed or addressed, mold will
continue to grow. All mold growth is not necessarily harmful, but mold has been linked with adverse health effects in susceptible
persons. The most common effects are allergic reactions, including skin irritation, watery eyes, runny nose, coughing, sneezing,
congestion, sore throat and headache. However, there are no specific mold cleanup levels or established numerical abatement
standards for mold remediation. The most effective remedy for mold is to remove the source(s) of excess water or continuing
moisture intrusion.
3. STEPS TO REDUCE MOLD GROWTH. Mold growth depends largely on how Tenant maintains the Premises.
Tenant shall take action to prevent conditions which cause mold, mildew or moisture build-up, and minimize any effects that may
be caused by mold growth, including the following actions:
· Before bringing items into the Premises, Tenant shall check for signs of mold on the items. For example, potted plants
(roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could
already contain mold growth.
· Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective
in eliminating or preventing mold growth if used in accordance with the manufacturer’s recommendations.
· Keep the humidity in the Premises low. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by
opening the windows, by using exhaust fans, or by running the air conditioning to remove excess moisture in the air, and
to facilitate evaporation of water from wet surfaces.
· Promptly clean up spills, condensation, and other sources of moisture. Thoroughly dry any wet surfaces or material. Do
not let water pool or stand in the home. Promptly replace any materials that cannot be thoroughly dried, such as drywall
or insulation.
· Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Empty water from
condensation pans (refrigerators and air conditioners). Take notice of musty odors, and any visible signs of mold.
· Should mold develop, thoroughly clean the affected area. First, test to see if the affected material or surface is color safe.
Porous materials, such as fabric, upholstery, or carpet should be discarded. Should the mold growth be substantial, contact
Landlord for further direction on the use of services from a qualified mold abatement professional.
4. FURTHER INFORMATION AND RESOURCES. The U.S. EPA provides information and numerous resources
regarding excess water, moisture intrusion and mold: http://www.epa.gov/mold/. The U.S. Centers for Disease Control and
Prevention also provide details about mold growth and human health: http://www.cdc.gov/mold/.
5. DUTIES OF TENANT. Tenant agrees to assume responsibility for following the recommendations set forth in this
Addendum. It is the responsibility of Tenant to take action to reduce or eliminate the occurrence of mold growth in the home.
Tenant’s failure to take preventative actions may reduce or preclude Landlord’s responsibility for water damage or water intrusion.
If there is any water damage or water intrusion to the Premises, Tenant shall take prompt action to prevent conditions which cause
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
6290 Cracklingtown Road, Hughesville, MD 20637
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 41
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 42 of 90
Tenant Name: _____________________________________
Premises Address: _________________________________
Lease-RTP-MD: 2020-03
mold growth to develop. Tenant shall immediately notify Landlord in writing of water intrusion or mold and allow Landlord the
opportunity to inspect the problem. Failure to notify Landlord of water intrusion or water damage or mold and/or the failure of
Tenant to allow Landlord access to the Premises for the purpose of inspection, evaluation and/or corrective action shall be an
affirmative defense to any Claims by Tenant arising from water damage or water intrusion.
6. NO REPRESENTATIONS. Tenant acknowledges and accepts that, except as expressly contained in the Lease, as
provided to Tenant in a writing signed by Landlord or as required by Applicable Law, Landlord and Landlord’s Agents (i) have
not made any representations, warranties nor indemnifications, either expressed or implied, as to (a) the physical condition of the
Premises, nor (b) indoor air quality conditions (including the presence or absence of Substances [defined below]) at the Premises,
and (ii) are not responsible in any way for conditions that may exist at the Premises or health problems or property damage that
might develop from or be related to such conditions or Substances. Naturally occurring radon, molds, fungi, spores, pollens and/or
botanical substances or other allergens (e.g., dust, pet dander, insect waste material, etc.) may be found in a home, including radon
and mold. In addition, certain building materials (such as asbestos, urea-formaldehyde foam insulation (“UFFI”) and drywall
also known as wallboard, gypsum board or plasterboard manufactured in China (Chinese Drywall”)) have been linked to health
concerns and/or property damage. These are all collectively referred to as Substances.” To the greatest extent permitted by
Applicable Law, Tenant (for itself and all others claiming through Tenant) hereby releases Landlord Indemnitees (and prior
owners) from any claims or liability relating to the presence or non-disclosure of Substances in or about the Premises. Tenant is
directed to consult the U.S. Environmental Protection Agency website at www.epa.gov or the equivalent state
environmental/health services agency if additional information concerning indoor air quality and Substances is desired.
7. LIMITATIONS ON LANDLORD LIABILITY. To the maximum extent allowed under Applicable Laws, Tenant
acknowledges and agrees that Landlord shall not be liable for (and hereby releases Landlord from) any and all Claims
with respect to the presence and/or existence of molds, mildew, and/or microscopic spores unless caused by the sole gross
negligence or willful misconduct on the part of Landlord. To the extent Landlord may be liable, if at all, Tenant, on behalf
of itself, and any Occupants, hereby indemnifies Landlord Indemnitees from and against any and all Claims for property
damage, injury, or death resulting from the exposure to microscopic spores, mold, fungi, and/or mildew and from any loss
of resale value due to the presence and/or existence of mold, mildew and/or microscopic spores; provided, however, that
in no event is Tenant indemnifying Landlord as a result of the presence and/or existence of mold, mildew, and/or
microscopic spores if caused by the sole gross negligence or willful misconduct on the part of Landlord; provided, however,
nothing contained in this Lease shall require indemnification of or a release of Landlord to the extent same is prohibited
by or would constitute a violation of Applicable Law.
8. CONFLICT/LEASE. This Addendum is incorporated into the Lease as though fully set forth therein and in case of a
conflict between the provisions of this Addendum and any provisions of the Lease, the provisions of this Addendum shall govern
and control. Capitalized terms used in this Addendum which are not otherwise defined herein shall have the meanings ascribed
thereto in the Lease. This Addendum may be executed in one or more counterparts, each of which shall be deemed an original.
This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted
assigns.
Tenant: It is important that you carefully inspect the Premises for mold before the Commencement Date and identify any
problems to Landlord. To minimize the likelihood of mold it is important that you read and follow the requests and
recommendations in this Addendum.
IN WITNESS WHEREOF, the parties hereto have executed this Mold Addendum as of the Effective Date.
Tenant:
________________________________________
Name:
________________________________________
Name:
________________________________________
Name:
________________________________________
Name:
Landlord:
,
a Delaware limited liability company
By:______________________________________
Name: ___________________________
Title: Authorized Agent
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
6290 Cracklingtown Road, Hughesville, MD 20637
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 42
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 43 of 90
COMMENCEMENT DATE NOTIFICATION
This Commencement Date Notification to Residential Lease & Right to Purchase (“Notification”) is being
delivered to _______________________________________________________________________________
(“Tenant”) by Landlord pursuant to that certain Residential Lease Agreement (“Lease”) and that certain
Residential Right to Purchase Agreement (“RTP Agreement and together with the Lease, the Agreements”) to
which the undersigned Landlord ("Landlord”) and Tenant are parties with respect to that certain home located at
______________________________________________________ __________ (“Premises”). Capitalized
terms which are used in this Notification but are not defined herein shall have the meaning ascribed thereto in the
Agreements.
1. The Commencement Date of the Lease is _____________________________.
2. The Initial Term of the Lease (i.e., Year 1) shall expire on _____________________________.
3. The First Renewal Term shall begin on ____________________________________________ (the First
Renewal Term Start Date”).
4. The Pro-Rated Rent for the month in which the Commencement Date occurs is $______________ and is
due on or before _______________ (“Pro-Rated Rent Due Date”).
5. If the Commencement Date and/or the Initial Term set forth in this Notification is different from the dates
set forth in the Agreements, then the dates contained in this Notification shall supersede and control (e.g., if
the Lease states that the Estimated Commencement Date is March 1, 2020 but the Commencement Date
does not in fact occur until March 5, 2020, then the March 5, 2020 date contained in the Notification shall
be the date used to calculate the Initial Term, Renewal Terms and all other dates which are calculated from
the Commencement Date). The Agreements shall continue in full force and effect, subject to the terms and
provisions of this Notification.
6. Landlord hereby acknowledges receipt of a Security Deposit from Tenant in the total amount of
$____________________ and this statement shall constitute a receipt for purposes of Applicable Law.
7. Tenant has been provided with a Condition Form ("Condition Form") for the Premises and has had the
opportunity to note any defects or damage relating to the Premises on the Condition Form before returning
same to Landlord. Tenant must return the Condition Form to Landlord within three (3) Business Days
after the Commencement Date in accordance with the Lease -- any damage to the Premises beyond normal
wear and tear which is not so noted by Tenant on the Condition Form will be presumed to have been caused
by Tenant.
Landlord:
,
a Delaware limited liability company
By:_______________________________
Name: ___________________________
Title: Authorized Agent
Date: ______________________
HP Maryland I LLC
5840.00
09/04/2021
09/03/2022
09/04/2022
2628.00
09/04/2021
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
8/24/2021
MariaGarcia
Ex. A - 43
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 44 of 90
ASBESTOS ADDENDUM
Tenant is renting from Landlord the Premises/Residence located at:
_____________________________________________
in the Community of ___________________________
Before 1981, asbestos was commonly used in construction. The Residence was built before 1981.
Landlord knowledge of asbestos hazards in the Residence or Community:
X (If checked) Landlord has no knowledge of any asbestos hazards in the Residence or Community, but because of the age of the
Residence and Community it is possible that they exist at the Residence or Community.
(If checked) Landlord is aware of the following asbestos hazards in the Residence or Community:
________________________________________________________________________
Reports or records pertaining to asbestos hazards in the Residence or Community:
X (If checked) Landlord is not aware of any reports or records pertaining to asbestos hazards in the Residence or Community.
(If checked) The following reports or records pertaining to asbestos hazards in the Residence or Community are available:
Copies of the reports or records identified are available for Tenant’s review at .
Asbestos is a chemical known to cause cancer. Disturbing or damaging certain interior Residence or Community surfaces may
increase the potential exposure to asbestos. Tenant may not pierce, damage, disturb, or remove any portions of the Residence or
Community known or suspected to contain asbestos. Tenant must notify Landlord immediately in writing if any portion of the
Residence or Community known or suspected to contain asbestos are pierced, damaged, disturbed or removed.
Date: Name:
Date: Name:
Landlord:
By:
Date:
Name: _______________________________
Its: Authorized Agent
Name:
Name:
Date:
6290 Cracklingtown Road
Hughesville MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
7/27/2021
7/27/2021
7/27/2021
TrinityDurham7/27/2021
7/28/2021
Ex. A - 44
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 45 of 90
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
Ex. A - 45
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 46 of 90
AIR FILTER ADDENDUM
Resident Name: _____________________________________
Premises Address: _________________________________
Lease: 2020-02
As part of the consideration for the execution of a lease of the Premises identified in the Residential Lease Agreement (“Lease”)
to which the undersigned Owner and Resident are parties and to which this Air Filter Addendum to Residential Lease Agreement
(Air Filter Addendum”) is attached, subject to applicable laws, Owner and Resident hereby agree that this Air Filter Addendum
expressly amends the Lease as follows:
Resident agrees to pay Owner a monthly Utility & Maintenance Reduction Program fee of $15 payable without demand with rent
on or before the (1st) first day of each calendar month.
UTILITY & MAINTENANCE REDUCTION PROGRAM: With Resident’s monthly payment HVAC filters will be
delivered to their home approximately every 60 days under the Utility & Maintenance Reduction Program. Resident shall properly
install the filter(s) provided within two (2) days of receipt. Resident hereby acknowledges that the filters will be dated and subject
to inspection by Owner upon reasonable notice to verify replacement has been timely made. If at any time Resident is unable to
properly or timely install a filter Resident shall immediately notify Owner in writing. Resident’s failure to properly and timely
replace filters is a material breach of this Agreement and Lease and Owner shall be entitled to exercise all rights and remedies it
has against Resident and Resident shall be liable to Owner for all damages to the property or HVAC system caused by Resident’s
neglect or misuse.
IN WITNESS WHEREOF, the parties hereto have executed this Air Filter Addendum as of the Effective Date.
Resident:
___________________________________________
Name:
___________________________________________
Name:
___________________________________________
Name:
___________________________________________
Name:
Owner:
,
a Delaware limited liability company
By: Pathlight Property Management, its authorized
agent
By:______________________________________
Name: ___________________________
Title: Authorized Agent
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
Ex. A - 46
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 47 of 90
What is Second Nature?
Second Nature is a service that is partnered with Pathlight Property Management to deliver air filters
directly to your home in a way that ensures the best care for your HVAC system and in turn, the air
quality in your home. Each shipment contains the exact number of high-quality filters your home needs,
at the time you need to change them. This acts as a physical reminder that it is time to switch your filter.
Why do I need to change my furnace filter?
Changing filters keeps your HVAC system functioning properly and ensures that you have the best
possible air quality in your home. A dirty filter is the #1 reason for HVAC system failures. It restricts the
airflow into your HVAC systems air handler, which then strains, and oftentimes burns out the motor
controlling airflow. Having a clean air filter also assists in the energy efficiency of your HVAC unit, which
helps to cut costs on your energy bill.
How often will I receive my filter(s)?
Filters will be sent directly to your door every 60 days, unless your HVAC system has different
requirements.
Do I install the filter myself?
Yes! Once received, you will remove and dispose of your old filter(s) and replace it with the new filter(s).
There will be instructions in your shipment on how to locate and change your filter(s).
Where is my air filter located?
There are several ways to locate your air filter(s):
1. Check your home for a return grate. This is usually found inside on a wall or ceiling. Opening the
grate will allow you to access the filter.
2. Some filters are located directly at/in the HVAC unit. Looks for a 1-5 inch wide hinge or removable
cover. Opening this compartment will allow you to access the filter.
NOTE: Air filters should be placed at one location or the other, not both.
Why am I paying this monthly when I get filter shipments bi-monthly?
Balances are collected on a monthly basis right alongside rent so that you only have to take the time once
per month to pay what’s on your ledger.
Why do I have to pay for this?
Pathlight residents are responsible for cost and replacement of HVAC filters. Keeping this in mind,
our goal is to make the process as easy as possible for you to remember by sending the filters
right to your door.
Can I opt-out of changing filters?
Air filter maintenance is an important part of caring for your home. A dirty HVAC filter is the #1 cause of
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system malfunction, which can result in an uncomfortable living environment for you and your family.
There is not an opt-out option for this program, as it is designed to ensure that the air quality in your home
is safe, and your system is functioning properly. If there is a problem with the HVAC system, we will be
able to easily rule out a filter issue if they are being replaced on a regular schedule.
Shipment didn’t arrive/Wrong Size/Damaged shipment:
Contact Second Nature customer care at the 1-800 number with your name and address so they can look
into it for you. If there was an error, it will be taken care of promptly.
Will I be notified when the filter(s) has been shipped?
Yes, we will email you when your shipment has left our warehouse. You’ll be able to track your shipment
throughout its journey before arriving on your doorstep.
What if I have asthma or another condition and need an upgraded filter:
Pathlight will be happy to upgrade you to a super allergen grade filter at no additional cost. Please let us
know if you have a need for an upgraded filter, as we want to ensure you have the best possible living
conditions in your home.
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 49 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 1
RTP - MD: 2020-03
RESIDENTIAL RIGHT TO PURCHASE AGREEMENT
(HOME PARTNERS MARYLAND)
This Residential Right to Purchase Agreement (the Right to Purchase Agreement, RTP Agreementor
Agreement) is made and entered into as of the date set forth on the signature page hereof by and among the person(s)
identified on the signature page hereof as the Purchase Right Holder (individually or if more than one person is named,
collectively, Purchase Right Holder”) and the Landlord identified on the signature page hereof, as seller (herein,
Landlord or “Seller).
WHEREAS, concurrently with the execution of this Agreement, Seller, as landlord, has entered into a
Residential Lease Agreement of approximately even date herewith (the Lease”) with Purchase Right Holder and the
additional other tenants, if any, who are named therein (collectively, the Tenant”), as tenant, upon the terms and
conditions contained therein with respect to the real property having a street address of
_____________________________________________________________________________________ and which is
legally described on Exhibit B attached hereto (together with improvements thereon now or hereafter owned by Seller,
the Premises”). Capitalized terms used in this Agreement which are not otherwise defined herein shall have the meanings
ascribed to them in the Lease; and
WHEREAS, Purchase Right Holder and Seller desire to enter into this Agreement with respect to the Premises
upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations stated herein and in the Lease
and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto hereby agree that the recitals set forth above are incorporated into this Agreement as though fully set forth below,
and otherwise agree as follows:
1. RIGHT TO PURCHASE. Subject to the terms and conditions of this Agreement, Seller hereby grants to Purchase
Right Holder the right to purchase the Premises (thePurchase Right”) during the Term of the Lease at the purchase
price which is set forth on Exhibit A attached hereto which corresponds to the actual Closing Date (defined below)
(as applicable, the Purchase Price) and in accordance with the terms and conditions which are contained in this
Agreement and the Real Estate Sale Contract (or successor form reflecting substantially similar terms) attached
hereto as Exhibit C including any addenda attached hereto or thereto or disclosures that may be provided relative
thereto (such Real Estate Sale Contract, together with such addenda or disclosures, is referred to as the Purchase
Contract”). The PurchasePrice may be further adjusted in accordance with Paragraph 22 below. The Purchase
Right is expressly conditionedupon Purchase Right Holder’s compliance with each the following conditions:
a. If Purchase Right Holder wishes to exercise its Purchase Right, Purchase Right Holder must notify Seller in
writing of its election to exercise such Purchase Right (“Exercise Notice”) at least thirty (30) but no more than
sixty (60) calendar days prior to the proposed Closing Date (which proposed Closing Date must be identified in
the Exercise Notice). If the Purchase Right Holder consists of more than one (1) person, then the Exercise Notice
shall not be valid unless all persons constituting Purchase Right Holder shall sign the same Exercise Notice (it
being understood and agreed that such Exercise Notice may be signed in counterparts, but all shall be delivered
to Seller simultaneously). Provided that all steps and conditions specified below are met, title to the Premises
shall be transferred to such persons who are identified as the purchasers in such Exercise Notice (collectively,
Purchasers”), as tenants in common, unless otherwise designated in the Exercise Notice or in the Executed
Purchase Contract (defined below), upon the terms specified below. Furthermore, if less than all Purchase Right
Holders sign an Exercise Notice, it will be of no force or effect.
b. At the time of delivery of the Exercise Notice and continuing through the Closing Date, (i) Purchase Right
Holder shall not be in default or have defaulted in the performance of any of its obligations under this Agreement
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
6290 Cracklingtown Road, Hughesville, MD 20637
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 2
RTP - MD: 2020-03
(beyond expiration of applicable notice and cure periods) and (ii) Tenant shall not then be in default in the
performance of any of its obligations under the Lease (beyond expiration of applicable notice and cure periods);
otherwise, in either event, at Landlord’s option and upon notice to Purchase Right Holder, the Exercise Notice
shall be of no force or effect.
c. At the time of delivery of the Exercise Notice and continuing through the Closing Date (subject to Paragraph
1(f).ii.), the Lease shall not have expired or been terminated; otherwise, the Exercise Notice shall be of no force
or effect.
d. Within ten (10) days after delivery of the Exercise Notice, Purchaser must execute and deliver (i) to Seller
counterparts (originals if required by Seller) of the Purchase Contract reflecting the Purchase Price (as adjusted
pursuant to this Agreement and/or the Lease) as of the proposed Closing Date (such agreement, once fully
executed and delivered by Seller, the Executed Purchase Contract) together with (ii) the $1,000 earnest money
deposit required by the Purchase Contract, in good and collectible funds, made payable and delivered to Seller
or as Seller shall otherwise direct. Notwithstanding anything contained in this Agreement to the contrary,
in the event that any of the conditions contained in this Paragraph 1 has not been completely satisfied at
the time Seller receives either the Exercise Notice or the Purchase Contract signed on behalf of the
Purchaser, then Seller shall not be obligated to execute the submitted Purchase Contract and the Exercise
Notice shall be deemed invalid for all purposes. In the event that Seller does not execute and return to
Purchaser the Executed Purchase Contract as aforesaid, then Seller shall refund the earnest money
deposit made by Purchase Right Holder pursuant to this Subparagraph 1.d.
e. Purchase Right Holder shall not have the right to assign any of their rights under this Agreement or the Executed
Purchase Contract it being understood and agreed that only the persons identified in this Agreement as the
Purchase Right Holder shall be named as Purchaser in the Purchase Contract, and Purchase Right Holder shall
not be permitted to name additional purchasers to the Purchase Contract nor remove any person identified as a
Purchase Right Holder; provided, however, that notwithstanding the foregoing, if more than one person is
identified in this Agreement as the Purchase Right Holder, then all (but not less than all) of the Purchase Right
Holders identified in this Agreement may designate a subset of Purchase Right Holders to be Purchaser in the
Purchase Contract provided that such designation is contained in the Exercise Notice signed by all of the
Purchase Right Holders and all (but not less than all) of the Purchase Right Holders agree to execute such
documents or instruments as may be necessary to effectuate such designation in connection with the Closing
(defined below).
f. The closing date pursuant to the Executed Purchase Contract (the Closing Date”) shall be a date that is mutually
agreed to by Purchaser and Seller, but shall be a date that is:
i. no sooner than thirty (30) but no more than sixty (60) days after the date of delivery of the Exercise Notice
provided that the Executed Purchase Contract is fully executed no less than ten (10) days after the Exercise
Notice; and
ii. no later than the scheduled Expiration Date of the Term of the Lease; provided, however, in the event that
the Closing Date is scheduled for, or is delayed such that it will actually occur after the scheduled
Expiration Date of the current Term of the Lease (but in no event beyond the last day of the Fourth
Renewal Term of the Lease), then:
A. the Term of the Lease shall automatically be extended for the subsequent Renewal Term of the Lease
(should one remain) and any termination notice given by Tenant pursuant to Section 3 of the Lease
shall automatically and irrevocably be deemed to have been rescinded by Tenant; and
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 3
RTP - MD: 2020-03
B. the Purchase Price shall be adjusted pursuant to the terms of this Agreement to reflect the actual
Closing Date.
Notwithstanding anything contained in the Lease or this Agreement to the contrary, the Term of the Lease shall
automatically terminate and expire (and such date shall become the “Expiration Date” under the Lease for all
purposes) effective as of the earliest to occur of: (I) the actual Closing Date, (II) the last day of the Fourth
Renewal Term of the Lease, and (III) such other Expiration Date as may be provided in the Lease, it being
understood and agreed that any holdover of the Premises beyond the date set forth in this paragraph shall be
subject to the holdover provisions contained in the Lease.
g. The Purchase Right (and the Executed Purchase Contract if same shall have been entered into) shall, at
Seller’s option and upon notice to Purchase Right Holder, terminate, become null and void and of no force
or effect (subject to Applicable Laws [as defined in the Lease]), upon the occurrence of any of the
following:
i. Purchase Right Holder fails to duly deliver an Exercise Notice to Seller in accordance with this Agreement
at least sixty (60) days prior to the scheduled Expiration Date of the Lease (subject to Paragraph 1.f.ii
above) but in all events at least sixty (60) days prior to the last day of the Fourth Renewal Term of the
Lease;
ii. Purchase Right Holder defaults under this Agreement including, without limitation, if the Purchase Right
Holder violates the restrictions on who may be named as Purchaser in the Purchase Contract, the
restrictions against changing the person(s) named as Purchaser in the Executed Purchase Contract, or the
restrictions on transfer of the Purchase Right set forth herein;
iii. Purchaser assigns or attempts to assign any rights it may have in the Executed Purchase Contract, except
as expressly allowed in this Agreement;
iv. Tenant assigns or attempts to assign the Lease or any interest therein, sublets or attempts to sublet (whether
Landlord consents to same or not) all or any portion of the Premises, or issues or attempts to issue a license
to use all or any portion of the Premises, in violation of the Lease;
v. Tenant has defaulted under its obligations under the Lease and such default has not been cured within any
applicable notice and cure periods, if the Lease has expired or is terminated for any reason or if Tenant
has been lawfully evicted from the Premises; or
vi. Upon failure of the Closing to occur within thirty (30) days after the initially scheduled Closing Date due
to Purchaser’s default under the Executed Purchase Contract (but in no event later than the last day of the
Fourth Renewal Term of the Lease).
In the event the first Executed Purchase Contract is terminated by the Purchaser as a result of the Appraisal
Contingency contained therein, then (and only then) shall Purchase Right Holder have the right to submit a
second (2
nd
) Exercise Notice in accordance with the terms of this Agreement (and execute a second Purchase
Contract). For clarification purposes, Purchase Right Holder shall be entitled to issue an Exercise Notice no
more than two (2) times provided that the initial Exercise Notice resulted in a termination of the Executed
Purchase Contract due to an Appraisal Contingency. It shall be irrelevant that any such Exercise Notice may be
deemed invalid, revoked, of no force or effect, void or terminated pursuant to the terms of this Agreement.
h. Upon Closing, (A) Landlord or Seller, as the case may be, shall credit Purchaser against the Purchase Price an
amount equal to (i) any unapplied Security Deposit then held by Landlord under the Lease (subject to permitted
setoffs), (ii) a pro-rated amount of any prepaid Rent as of the Closing Date, plus (iii) any other amounts which
Landlord has expressly agreed to credit to Tenant in accordance with the terms of the Lease and (B) all such
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 4
RTP - MD: 2020-03
amounts so applied or credited shall automatically be deemed to have been returned to the Tenant under the
Lease and Landlord shall, except as expressly otherwise provided by Applicable Law, have no further obligation
to account for same to the Tenant under the Lease. However, at least five (5) days prior to the scheduled Closing
Date, Purchase Right Holder shall have the right to direct Seller in writing to refund the Security Deposit and
prepaid Rent to the Tenant in accordance with the terms of the Lease, in lieu of such credit.
i. The Purchase Right is personal to Purchase Right Holder. Purchase Right Holder shall not permit the transfer,
assignment or other conveyance (including by operation of law) of all or any interest in the Purchase Right or in
this Agreement, except as otherwise expressly stated in this Agreement. Likewise, Purchaser shall not have the
right to assign any right or interest it may have in and to the Executed Purchase Contract.
j. Notwithstanding anything contained in this Agreement to the contrary, Purchase Right Holder’s delivery of the
Exercise Notice or Purchaser’s entering into an Executed Purchase Contract shall not extinguish or release
Purchase Right Holder or any Tenant from any liability or obligations under this Agreement or the Lease, as
applicable, including but not limited to the obligation to pay Rent through the last day of the Term of the Lease.
Landlord shall have the right to collect all outstanding payments due under the Lease as a condition of
consummating the Closing.
Each of the terms and conditions contained in this Paragraph 1 must be fully satisfied in order for the Purchase Right
Holder to validly exercise the Purchase Right and for the Purchaser to consummate the Closing. The consummation
of the purchase of the Premises by Purchaser pursuant to the Executed Purchase Contract is referred to as the
Closing”.
2. CONDITION OF PREMISES. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER
EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY OTHER DOCUMENT EXECUTED BY
SELLER PURSUANT TO THIS AGREEMENT OR THE EXECUTED PURCHASE CONTRACT, AND TO THE
GREATEST EXTENT ALLOWED BY APPLICABLE LAW, (A) PURCHASE RIGHT HOLDER, FOR ITSELF
AND ON BEHALF OF PURCHASER, REPRESENTS, WARRANTS AND ACKNOWLEDGES THAT
PURCHASER IS PURCHASING THE PREMISES IN ITS "AS-IS, WHERE-IS, WITH ALL FAULTS"
CONDITION AS OF THE DATE OF EXECUTION OF THE EXECUTED PURCHASE CONTRACT AND THE
CLOSING DATE AND SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES,
REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO ITS CONDITION,
FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, HABITABILITY OR ANY OTHER
WARRANTY OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM OR ON BEHALF OF SELLER; (B)
SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY, GUARANTY OR REPRESENTATION, ORAL OR
WRITTEN, PAST OR PRESENT, EXPRESS OR IMPLIED, CONCERNING THE PREMISES; AND (C)
PURCHASE RIGHT HOLDER, IN ITS CAPACITY AS TENANT UNDER THE LEASE, SHALL BE DEEMED
TO BE FULLY AWARE OF THE CONDITION OF THE PREMISES AND ACKNOWLEDGES THAT IT SHALL
HAVE HAD AMPLE OPPORTUNITY TO INSPECT THE PREMISES PRIOR TO ISSUANCE OF THE
EXERCISE NOTICE AND THE EXECUTION OF THE PURCHASE CONTRACT AND, TO THE EXTENT
THAT THE PREMISES HAS BEEN DAMAGED PRIOR TO CLOSING, PURCHASE RIGHT HOLDER (AND
PURCHASER) SHALL BE DEEMED TO HAVE CONSENTED TO AND/OR CAUSED SUCH DAMAGE AND
TO ACCEPT THE PREMISES IN ITS DAMAGED CONDITION AS OF THE CLOSING. IN FURTHERANCE
THEREOF, TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, SELLER SHALL HAVE NO
OBLIGATION UNDER THIS AGREEMENT OR THE EXECUTED PURCHASE CONTRACT TO REPAIR OR
RESTORE THE PREMISES. PURCHASE RIGHT HOLDER ACKNOWLEDGES AND AGREES THAT: (I) THE
PURCHASE PRICE WAS NEGOTIATED WITH THE EXPRESS UNDERSTANDING THAT PURCHASE
RIGHT HOLDER IS RESPONSIBLE FOR ALL PROPERTY MAINTENANCE NEEDS OF THE PREMISES
PURSUANT TO THE LEASE (EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE LEASE OR
APPLICABLE LAW TO THE CONTRARY), THIS AGREEMENT AND THE EXECUTED PURCHASE
CONTRACT AND (II) THE LEASE PROVIDES THAT THE TENANT (WHICH INCLUDES THE
PURCHASE RIGHT HOLDER) WILL OCCUPY THE PREMISES DURING THE TERM OF THE LEASE,
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 53 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 5
RTP - MD: 2020-03
AND THE PARTIES HERETO EXPRESSLY CONTEMPLATE THAT TENANT/PURCHASE RIGHT
HOLDER WILL THEREFORE BE IN A UNIQUE POSITION TO INVESTIGATE ALL MATTERS
RELATED TO THE CONDITION OF THE PREMISES. ALL OBLIGATIONS SELLER MAY HAVE IN
ITS CAPACITY AS LANDLORD UNDER THE LEASE TO REPAIR OR RESTORE THE PREMISES
DURING THE TERM OF THE LEASE, WHETHER FULFILLED OR UNFULFILLED, SHALL EXPIRE
UPON CLOSING; ACCORDINGLY, SELLER SHALL HAVE NO OBLIGATION UNDER THIS
AGREEMENT OR OTHERWISE TO REPAIR OR RESTORE ALL OR ANY PART OF THE PREMISES
AFTER CLOSING, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW.
Purchase Right Holder acknowledges and agrees that it is familiar with and has been provided with each of the
disclosures identified in the Lease and that same shall be deemed to be incorporated into this Agreement and the
Executed Purchase Contract by this reference without the necessity of attaching same hereto or thereto.
Seller shall not discriminate against Purchase Right Holder in the provision of services or in any other manner on
the basis of race, religion, sex, national origin, familial status or disability, nor on the basis of any class protected by
Applicable Law.
3. SUBORDINATION. This Agreement and Purchase Right Holder’s interest in this Agreement are and shall be
subject to and subordinate, junior and inferior to any and all Liens (as defined in the Lease and to the extent not
prohibited by Applicable Laws) now or hereafter affecting the Premises and to any and all advances now or thereafter
made under any such Liens (including future advances) and the interest payable on such Liens and to any existing or
future deeds placed on the Premises. Purchase Right Holder will execute such instruments evidencing such
subordination and attornment at Seller’s request. If Purchase Right Holder fails to comply with such request,
Purchase Right Holder hereby irrevocably empowers and appoints Seller his/her attorney-in-fact to do so in Purchase
Right Holder’s name and on Purchase Right Holder’s behalf. Such power shall be deemed to be coupled with an
interest and shall be irrevocable.
4. TIME IS OF THE ESSENCE. Purchase Right Holder agrees that time is of the essence for the performance
of each and every covenant, term, agreement and condition contained in this Agreement and the Executed
Purchase Contract (including but not limited to delivery of notices and payment obligations) by or on behalf
of the Purchase Right Holder and Purchaser and that each of them shall be held in strict compliance with the
same.
5. DEFAULT. If Purchase Right Holder fails to comply with any of the provisions of this Agreement, if Purchaser
defaults in any of its obligations under the Executed Purchase Contract, or if any Tenant fails to comply with any of
the provisions of the Lease, and such failure or default is not cured within applicable notice and cure periods, if any,
then (a) Seller shall have the right, upon notice to Purchase Right Holder, to terminate this Agreement, the Lease
and/or the Executed Purchase Contract, or any of them, and (b) a default under any one of the Lease, this Agreement
and the Executed Purchase Contract shall constitute a default under all of them and shall afford Landlord the right to
exercise any or all of Seller’s or Landlord’s rights and remedies applicable thereto, at law or in equity. See also
Paragraph 21 of this Agreement.
6. ATTORNEYS’ FEES. If at any time after the date of this Agreement, either party institutes any action or proceeding
(including an arbitration proceeding) against the other relating to the provisions of the Lease, this Agreement or any
default under either of them or the Premises (whether founded in tort, contract, equity or to secure a declaration of
rights thereunder), to the extent permitted by Applicable Law, the party not prevailing in the action or proceeding or
appeal therefrom will reimburse the prevailing party for its reasonable attorneys’ fees (not to exceed the sum of
$2,000.00 in the aggregate for any such action which amount shall be inclusive of (a) fees incurred at trial or
arbitration, any appeal therefrom, or in connection with any bankruptcy proceedings, and (b) all costs and expenses
incurred in connection with such action, proceeding, appeal or in collection of any judgment including expert fees,
any post-judgment fees and costs). The term “prevailing party” shall include, without limitation, a party who
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 54 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 6
RTP - MD: 2020-03
substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment,
or the abandonment by the other party of its claim or defense.
7. RECORDING OF AGREEMENT. Neither Purchase Right Holder nor Purchaser shall record this Agreement or
the Executed Purchase Contract (or any memorandum hereof or thereof) in the public records of any public office
and should this provision be violated, then (a) same shall constitute a default under this Agreement and the Executed
Purchase Contract, (b) Seller shall have the right to immediately terminate this Agreement, the Lease and/or the
Executed Purchase Contract and shall be entitled to all of Seller’s and Landlord’s Rights and Remedies available at
law or in equity and (c) Purchase Right Holder and Purchaser hereby irrevocably empower and appoint Seller his/her
attorney-in-fact to record a termination of any such agreement in their name and on their behalf, such power shall be
deemed to be coupled with an interest and shall be irrevocable.
8. GOVERNING LAW; CONSTRUCTION; WAIVER OF TRIAL BY JURY. This Agreement shall be governed,
construed and interpreted by, through and in accordance with the laws of the state in which the Premises is located,
without reference to its conflict of law’s provisions. The parties hereto agree that any suit or proceeding arising
under this Agreement shall be brought solely in a federal or state court serving the county in which the Premises is
located. Each party consents to the jurisdiction of these courts and waives any objection to jurisdiction or venue.
EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING
BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT, BUT ONLY TO
THE EXTENT SUCH WAIVER IS NOT PROHIBITED BY APPLICABLE LAW. It is understood and agreed
that notwithstanding anything contained in this Agreement to the contrary, in the event that any of Seller’s rights or
remedies contained in this Agreement are subject to or are prohibited by the terms of Applicable Laws, then
Seller’s/Landlord’s rights and remedies shall be limited so that they comply with and shall be subject to such
Applicable Laws. Likewise, nothing contained herein is intended to limit or interfere with any rights which are
expressly granted to Purchase Right Holder pursuant to Applicable Laws and which are considered by such laws to
be non-waivable by Purchase Right Holder. In construing this Agreement and the Lease, no provision hereof or
thereof shall require the performance or waiver of any obligation or right, as applicable, which would violate any
Applicable Laws and any such provision shall be interpreted so as to comply therewith.
9. SEVERABILITY. If any clause, phrase, provision or portion of this Agreement or the application thereof, including
without limitation, to any person or circumstance, shall, for any reason and to any extent, be invalid or unenforceable
under applicable law, such event shall not affect, impair or render invalid or unenforceable, the remainder of this
Agreement nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause,
phrase, provision or portion hereof to other persons or circumstances, but instead the remainder shall remain in full
force and effect as though any invalid or unenforceable part was not written into this Agreement and shall be enforced
to the maximum extent permitted by law. The omission of initials on any page shall not invalidate this Agreement.
10. SURVIVAL. Except as otherwise expressly provided herein, nothing contained in this Agreement shall serve to
extinguish any of Tenant’s outstanding obligations under the Lease.
11. CONSTRUCTION; SUCCESSORS; BINDING EFFECT. The words “Landlord”, “Tenant,” “Purchaser” and
“Purchase Right Holder” wherever used herein shall be construed to mean “Landlords,“Tenants,” “Purchasers” and
“Purchase Right Holders” in case more than one person constitutes either party to this Agreement. The covenants,
obligations, conditions and agreements herein shall be binding upon and, to the extent expressly permitted in this
Agreement, inure to the benefit of, their respective successors, heirs, executors, administrators and permitted assigns.
The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
12. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only, and they
are not intended to have any effect whatsoever in determining the rights or obligations of the parties hereto.
13. NO WAIVER. All remedies provided herein shall be cumulative. No waiver of a breach or default by Seller shall
be deemed a continuing waiver. No indulgence, waiver, election or non-election by Seller under this Agreement or
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 7
RTP - MD: 2020-03
Landlord under the Lease shall affect such party’s duties and liabilities hereunder or thereunder, as the case may be.
No action or omission of Seller, including without limitation, making payments on behalf of Purchase Right Holder
or Tenant, not enforcing or belatedly enforcing written notice requirements, rental due dates, acceleration, liens, or
other of Seller’s or Landlord’s Rights and Remedies will be considered a waiver under any circumstances. Except
when notice or demand is required by statute, Purchase Right Holder waives any notice and demand for performance
from Seller if Purchase Right Holder defaults under this Agreement. Seller’s exercising one remedy will not
constitute an election or waiver of any other of Seller’s or Landlord’s Rights and Remedies. None of Seller’s or
Landlord’s Agents is personally liable for any of Seller’s contractual, statutory, or other obligations merely by virtue
of acting on Seller’s behalf, and all provisions regarding Seller’s non-liability and non-duty apply to the same.
14. COUNTERPART EXECUTION; MODIFICATION. This Agreement and the Purchase Contract may be
executed in one or more counterparts, each of which shall be deemed an original. Furthermore, executed counterparts
of this Agreement or the Purchase Contract, any amendment hereto or thereto may be delivered by facsimile or other
reliable electronic means (including emails of pdf/tif documents), and such facsimile or other electronic transmission
shall be valid and binding for all purposes when transmitted to and actually received by the other party.
Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means
agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the
request of the other party.
15. ATTORNEY REVIEW. Purchase Right Holder acknowledges that (a) it has received a copy of the Lease and
the Purchase Contract, (b) it is familiar with the terms thereof and (c) it has had the opportunity to consult
with its legal counsel regarding this Agreement, the Purchase Contract and the Lease, and that, accordingly,
the terms of this Agreement, the Purchase Contract and the Lease are not to be construed against any party
because of that party’s role in drafting same or construed in favor of any party because that party failed to
understand the legal effect of the provisions thereof.
16. MULTIPLE PURCHASE RIGHT HOLDERS. Each person constituting Purchase Right Holder is jointly and
severally liable for all obligations under this Agreement. If one person constituting Purchase Right Holder violates
its obligations under this Agreement, then all persons constituting Purchase Right Holder will be considered to have
violated this Agreement. Each person constituting Purchase Right Holder acknowledges and agrees that Seller’s
requests and notices (including sale notices) sent to the person and address identified as the Purchase Right Holder
Notice Recipient in Paragraph 17 below conclusively constitutes notice to all persons constituting Purchase Right
Holder. The Purchase Right Holder Notice Recipient for Seller’s requests and notices hereby acknowledges and
agrees that he or she (and not Seller) is responsible for ensuring that all other persons constituting Purchase Right
Holder receive all requests, notices to which they are entitled. Purchase Right Holder shall have the right to change
the person then-designated as the Purchase Right Holder Notice Recipient pursuant to a notice signed by all of the
persons constituting the Purchase Right Holder which identifies such new Purchase Right Holder Notice Recipient.
In the event Seller receives conflicting notices from the various persons constituting Purchase Right Holder, Seller
shall have the right to rely upon notices only from the person then-identified as the Purchase Right Holder Notice
Recipient and to disregard all other notices. Purchase Right Holder agrees that it shall, at all times, cause the Purchase
Right Holder Notice Recipient to be the same person who is identified as the Tenant Notice Recipient under the
Lease.
17. NOTICES. Except as otherwise provided herein (including, without limitation, the provisions of Paragraph 16
concerning a multiple-person party), all notices required shall be in writing and shall be served by one party to the
other party (each, a Notice”). If notice is required to be given to Seller, notice must be in writing and sent to
Seller at the address set forth below. Notice shall be given as required or permitted by Applicable Law and
otherwise in the following manner: (a) by personal delivery of such Notice (in which event such Notice shall be
effective on the date of such delivery); or (b) in the case of Notice to Purchase Right Holder, Seller shall have the
right to provide Notice to Purchase Right Holder by posting the Notice upon the front door of the Premises and, if
required by Applicable Law, mailing a copy; or (c) by mailing of such Notice to the addresses contained herein by
U.S. regular mail or U.S. registered or certified mail, return receipt requested (except as otherwise provided herein,
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 8
RTP - MD: 2020-03
Notice served pursuant to this subclause (c) shall be effective three (3) Business Days after the date of mailing); or
(d) Notice shall be effective as of date and time of receipt of a facsimile transmission, provided that the Notice
transmitted shall be received on a Business Day and during Business Hours (in the event such Notice is received
either on a non-Business Day or during non-Business Hours, the effective date and time of receipt of such Notice
shall be 9:00 a.m. Central Time of the first Business Day after receipt); or (e) Notice shall be effective as of date
and time of electronic mail transmission of a Notice, provided that the Notice transmitted shall be sent on a Business
Day during Business Hours and recipient shall have acknowledged such transmission (in the event an electronic mail
transmission Notice is transmitted either during non-Business Hours or a non-Business Day, the effective date and
time of Notice shall be 9:00 a.m. Central Time of the first Business Day after receipt); or (f) Notice by a nationally-
recognized overnight delivery or courier company (e.g., FedEx) shall be effective one Business Day after delivery
to the courier, shipping prepaid. In addition to the foregoing delivery options, notices from Landlord may be
delivered to Purchase Right Holder via a link to Seller’s portal.
Notice Addresses:
Seller’s Notice Address:
Attn: General Counsel
TELEPHONE: (877) 234-5155
FAX: (312) 780-1669
With a copy to:
c/o Pathlight Property Management
Attn: Property Manager
TELEPHONE: (800) 527-5030
FAX:
(
866
)
221
-
8563
Purchase Right Holder Notice Address:
THE FOLLOWING PERSON SHALL BE THE DESIGNATED PURCHASE RIGHT HOLDER
NOTICE RECIPIENT AUTHORIZED TO DELIVER AND ACCEPT NOTICES ON BEHALF OF
ALL PURCHASE RIGHT HOLDERS PURSUANT TO PARAGRAPH 16 ABOVE (THERE SHALL BE
ONLY ONE DESIGNATED PURCHASE RIGHT HOLDER NOTICE RECIPIENT AT ANY TIME)
AND THE PURCHASE RIGHT HOLDER NOTICE RECIPIENT ADDRESS SHALL BE THE
PREMISES; provided, however, that if a physical mailing address other than the Premises is inserted below,
such below address shall be used solely for the mailing by U.S. regular mail of an informational copy of Notices
otherwise sent to the Premises, it being agreed that Seller’s failure to send such informational copy shall not
affect the effectiveness of Notices sent to the Premises or otherwise delivered in accordance with this Paragraph):
PURCHASE RIGHT HOLDER NOTICE RECIPIENT: __________________________________
ADDRESS (for information purposes only): ___________________________________________
EMAIL: ________________________________________________________________________
TELEPHONE: __________________________________________________________________
FAX: __________________________________________________________________________
Each party shall have the right from time to time to change the place notice is to be given under this Paragraph (or,
in the case of notices to Purchase Right Holder Notice Recipient, where an informational copy is to be sent) by
written notice thereof to the other party. Written notice from Seller’s or Landlord’s Agent or Seller's or Landlord’s
attorney shall constitute notice from Seller. Any person giving a notice under this Agreement should retain a copy
of the memo, letter, or fax that was given. Facsimiles and portable document format (pdf) signatures are binding. All
notices must be signed (if by email, signature may be typed within the email).
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
6290 Cracklingtown Road, Hughesville, MD 20637
HP Maryland I LLC
120 S. Riverside Plaza, Suite 2000,
Chicago, IL 60606
HP Maryland I LLC
6500 International Pkwy #1100
Plano, TX 75093
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 9
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18. ENTIRE AGREEMENT. This Agreement, the Lease together with the Document Review Acknowledgment
signed by Tenant and any other written documents signed by Seller or Landlord and Purchase Right Holder or Tenant,
and delivered to the other (including the Executed Purchase Contract, if executed), constitute the complete and entire
agreement among the parties, and no representations or oral statements of either party are binding unless contained
herein or therein. None of those agreements may be modified, changed, altered or amended in any way except through
a written amendment signed by all of the parties thereto (except as otherwise provided in Paragraph 22.g below).
Neither Seller nor any of Seller’s or Landlord’s Agents has made any oral promises, representations, or agreements
not contained herein. Seller’s Agents have no authority to waive, amend, or terminate this Agreement, the Lease or
any part of it, unless such authority is in writing and signed by Landlord, and no authority to make promises,
representations, or agreements that impose security duties or other obligations that would be binding or enforceable
on Seller or Seller’s or Landlord’s Agents unless in each such instance such authority is in writing signed by
Landlord.
19. NO THIRD PARTY BENEFICIARIES. This Agreement does not create any rights, claims or benefits inuring to
any person or entity that is not a party to this Agreement nor does it create or establish any third party beneficiary to
this Agreement or the Purchase Contract. Purchase Right Holder shall not be a third party beneficiary of any
agreements entered into by Seller which may affect the Premises.
20. ASSIGNMENT BY SELLER; LIMITATION OF LIABILITY. Seller shall have the absolute right to sell,
transfer and/or assign, in whole or in part, all of its rights in the Premises and its rights and obligations under this
Agreement and upon such sale, transfer and/or assignment, Seller shall transfer all of its rights and obligations under
this Agreement to such assignee/transferee and Seller shall thereupon be released from any further obligations under
this Agreement, and Tenant agrees to look solely to such successor in interest of Seller for the performance of such
obligations. Any liability of Seller under this Agreement shall be limited solely to its interest in the Premises and in
no event shall any personal liability be asserted against Seller, its members, or their respective members, partners,
shareholders, officers, directors, agents or employees, in connection with this Agreement nor shall any recourse be
had to any other property or assets of Seller, its members, or their respective members, partners, shareholders,
officers, directors, agents or employees. In no event shall Seller nor any of its agents be liable for consequential or
punitive damages as a result of a breach or default under or otherwise in connection with this Agreement. No
member, officer, director, employee, agent, management representative, or personnel of Seller shall be personally
liable for any of Seller’s contractual, statutory, or other obligations merely by virtue of acting on Seller’s behalf.
21. AGREEMENT EFFECTIVENESS; NO OFFER. Seller has delivered a copy of this Agreement to Purchase Right
Holder for its review and Seller’s delivery thereof does not constitute an offer by Seller to Purchase Right Holder,
nor an option. Notwithstanding anything contained in this Agreement to the contrary, the submission of this
Agreement to Seller, executed on behalf of Purchase Right Holder, shall constitute an irrevocable offer to Seller to
enter into this Agreement which may be accepted by Seller within fifteen (15) days after Purchase Right Holder’s
submission thereof to Seller, and Purchase Right Holder shall not have the right to terminate this Agreement nor
revoke its offer within such 15-day period. Seller has made (or will be making) an offer to purchase the Premises in
reliance upon Purchase Right Holder’s having indicated its agreement to submit (or having submitted) a copy of this
Agreement signed by such Purchase Right Holder to Seller and Tenant’s agreement to submit (or having submitted)
a copy of the Lease signed by such Tenant to Landlord. Furthermore, Purchase Right Holder acknowledges that
Seller shall have incurred significant costs in an attempt to purchase (or the actual purchase of) the Premises in
material reliance upon such irrevocable offer and acknowledges and agrees that Seller shall have the right, to the
extent permitted by Applicable Laws, in the event that it agrees (it being understood and agreed that Seller/Landlord
shall have no obligation to so agree) to either (a) a revocation or termination of Purchase Right Holder’s irrevocable
submission of this Agreement and the Lease by the Tenant to Landlord within such 15-day period or (b) a termination
of the Lease or this Agreement prior to Seller’s acquisition of title to the Premises, to retain the “Deposit” under the
Document Review Acknowledgment submitted by one or more of the parties constituting Purchase Right Holder
(regardless of whether or not same is deemed to be prepaid Rent, Security Deposit or otherwise) to reimburse Seller
for out-of-pocket costs and expenses incurred by Seller in connection with purchasing or attempting to purchase the
Premises (including but not limited to inspection costs, third party professional costs, closing costs, rehabilitation
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 58 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 10
RTP - MD: 2020-03
costs of the Premises, attorneys’ fees and the like; collectively, the Termination Costs”) and to the extent that the
amount of the Deposit retained by Seller exceeds the aggregate amount of the Termination Costs, such difference
shall be deemed to be liquidated damages to compensate Seller for the loss of its bargain. The parties hereto
acknowledge and agree that the amount of Seller's actual damages in such circumstance would be difficult, if not
impossible, to determine and that the amount of the Deposit in excess of the Termination Costs is a reasonable
estimate of Seller’s damages and not a penalty.
Except for the rights and obligations of Seller and Purchase Right Holder contained in this Paragraph 21 and in
Section 44 of the Lease (which shall become binding against Tenant and Purchase Right Holder upon their execution
and submission of the Lease and this Agreement whether or not they are accepted by Seller or if accepted, later
terminated) and the obligations contained in the Document Review Acknowledgment, (a) this Agreement and the
Lease shall not otherwise become effective until this Agreement and the Lease have both been executed by Seller
and a fully executed copy of each is delivered to Tenant and the Purchase Right Holder, as applicable, (b) none of
Seller, Landlord, Tenant nor Purchase Right Holder shall be bound by the Lease nor this Agreement and neither shall
become effective unless and until each of the parties hereto and thereto shall have executed and delivered to each
other both the Lease and this Agreement, (c) this Agreement is expressly contingent upon Seller acquiring title to the
Premises on or before the scheduled Estimated Commencement Date under the Lease (as such date may be extended
by the terms of the Lease), and (d) in the event that the Lease is terminated pursuant to Section 44 of the Lease or
otherwise, then this Agreement shall automatically terminate and be of no further force or effect except for such
obligations which are expressly intended to survive such termination pursuant to the terms of this Agreement.
22. PURCHASE PRICE ADJUSTMENT. Purchase Right Holder acknowledges that it has been advised and
agrees that the Purchase Price of the Premises shall be calculated and adjusted in accordance with the
following provisions.
a. Purchase Right Holder acknowledges and agrees that (i) Seller’s final costs to be incurred in connection with
acquiring, improving and/or rehabilitating the Premises (which shall include, but not be limited to, amounts paid
by Seller to purchase the Premises, inspection and closing costs [including items such as transfer taxes, survey
costs, title insurance, escrow/closing fees], homeowner’s association application and approval fees, costs to
perform Landlord Work, make-ready work, life-safety repair work, asset preservation, lock changes, cleaning,
initial landscape clean-up, pool start-up (where applicable) and similar items of work that Seller elects or is
required to have made to the Premises together with a fee not to exceed 0.5% of such costs reflecting Seller’s
internal costs in completing the acquisition of the Premises) (collectively, Acquisition Costs) have not been
determined as of the Effective Date, (ii) the Purchase Price identified in the initial Exhibit A hereto has been
calculated as of the Effective Date and is the product of (x) Seller’s pre-inspection estimates of Acquisition Costs
(collectively, the “Estimated Acquisition Cost”) multiplied by (y) _____________________________________
(the Price Adjustment Factor”), which amounts have been approved in writing by Purchase Right Holder prior
to the Effective Date, and (iii) Seller shall have the right to perform a more thorough inspection of the Premises
either prior to or after the Effective Date (which may, at Seller’s option, include obtaining third-party cost
estimates to perform all or a portion of the improvements/rehabilitation work to the Premises) which may affect
the Purchase Price as provided below.
b. Within one hundred eighty (180) days after the Commencement Date of the Lease, Seller shall provide Purchase
Right Holder with a statement (“Price Adjustment Statement”) which shall identify, as applicable: (i) the
aggregate amount of actual Acquisition Costs (collectively, Final Acquisition Cost”) incurred by Seller in
acquiring, improving and/or rehabilitating the Premises as described in subparagraph (a) above, calculated as of
the date such Price Adjustment Statement is issued, (ii) the difference, if any, between the Estimated Acquisition
Cost and the Final Acquisition Cost, (iii) the amount of any resulting reduction in the amount of the Purchase
Price in the event that the Final Acquisition Cost is less than the Estimated Acquisition Cost (in which event an
updated Exhibit A to this Agreement shall be included), and (iv) the balance then remaining, if any, in the Repair
& Maintenance Reserve (defined below).
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
103.50%
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 11
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The Price Adjustment Statement may contain estimated costs (as opposed to actual costs) for one or more items
of work comprising Acquisition Costs to the extent that the performance thereof has been delayed or not yet
completed due to things like weather conditions (e.g., air-conditioning, roof or asphalt repairs which may not be
able to be performed during certain seasons depending on where the Premises is located), in which event the
Price Adjustment Statement shall be sent (or updated if previously sent) once all outstanding items of work have
been completed and the Final Acquisition Cost determined, which may be after such 180-day period but no later
than the Closing Date. Seller shall not be obligated to provide receipts nor a detailed breakdown of the various
cost components comprising the Final Acquisition Cost but will do so by general categories upon request from
Purchase Right Holder if such request is made within 60 days after issuance of the Price Adjustment Statement.
Price Adjustmentis equal to the product obtained by multiplying (A) the difference between the Estimated
Acquisition Cost and the Final Acquisition Cost by (B) the Price Adjustment Factor.
If the Final Acquisition Cost is less than the Estimated Acquisition Cost, then the Purchase Price contained in
the initial Exhibit A hereto shall be reduced by an amount equal to the Price Adjustment, which amount
shall be reflected in the updated Exhibit A provided with the Price Adjustment Statement and the Repair &
Maintenance Reserve shall remain unchanged.
Alternatively, if the Final Acquisition Cost is greater than the Estimated Acquisition Cost, then the Purchase
Price shall remain unchanged, however, the Repair & Maintenance Reserve shall be reduced by an amount
equal to the Price Adjustment and such amount shall be reflected on the Price Adjustment Statement.
c. The Purchase Price of the Premises as reflected on the initial Exhibit A hereto includes a repair and maintenance
reserve in the amount of $2,500.00 (“Repair & Maintenance Reserve) which amount shall be reduced (but not
below zero), by an amount equal to (i) the Price Adjustment (in the event that the Final Acquisition Cost is
greater than the Estimated Acquisition Cost as described in Paragraph 22.b above) and (ii) the aggregate amount
of Repair & Maintenance Costs that are incurred by Landlord from time to time during the Term of the Lease
(as described in the Repair, Maintenance & Improvement Addendum to Residential Lease & Right to Purchase
which is attached to the Lease and which shall be deemed to be incorporated into this Agreement by this reference
as though fully set forth herein).
If there shall be a balance remaining in the Repair & Maintenance Reserve as of the Closing, then Seller shall,
at its option, either (A) issue a credit against the Purchase Price or (B) reduce the Purchase Price, in each case
by the amount of such remaining balance which amount may be reflected on the closing disclosure statement at
the Closing.
Notwithstanding anything contained in this Paragraph 22.c to the contrary, to the extent that Tenant fails to either
pay for, reimburse Landlord or perform any portion of the Repair & Maintenance Work which is Tenant’s
obligation to pay or perform pursuant to the terms of the Lease or should there be any Rent payments outstanding,
then if such items have not been paid in full by Tenant prior to the Closing, then Landlord shall have the right to
either increase the Purchase Price or reduce the Repair & Maintenance Reserve then remaining by the
outstanding aggregate amount thereof.
d. Promptly after receipt of the Exercise Notice, Seller shall provide Purchase Right Holder with a calculation of
the Purchase Price (based upon the then-outstanding balance of the Repair & Maintenance Reserve as of the date
of such calculation) as of the proposed Closing Date which shall be the amount inserted into the Executed
Purchase Contract but which shall remain subject to adjustment in accordance with the terms of this Paragraph
22 including if the actual Closing Date would delay the Closing until the subsequent Renewal Term.
Additionally, Seller shall provide Purchase Right Holder with a calculation of the Purchase Price as aforesaid
upon request from Purchase Right Holder, no more than once during any calendar year.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 12
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e. Prior to the Closing, Purchase Right Holder agrees that Seller shall have the right to adjust the amount of the
Purchase Price and/or the amount of any closing credit contained in such Executed Purchase Contract (or the
closing disclosure): (i) for any matters that have either not yet occurred or the final cost thereof determined as
of the date such calculation was initially made, (ii) based upon any reductions to the Repair & Maintenance
Reserve (including Repair & Maintenance Costs incurred after the date of the Executed Purchase Contract), (iii)
as permitted by the Lease and this Agreement, (iv) in accordance with the Executed Purchase Contract and (v)
if the actual Closing Date would cause the Purchase Price to be adjusted based on Exhibit A.
f. It is expressly understood and agreed by the Parties that any adjustments to Purchase Price contained in the
Executed Purchase Contract as a result of matters occurring prior to the Closing shall occur, if at all, prior to the
Closing. Once the Closing has occurred, each party hereto waives the right to dispute the calculation of the
Purchase Price (including the calculation of the Repair & Maintenance Reserve) paid pursuant to the Executed
Purchase Contract (including credits or adjustments shown on the final disclosure statement), all of which shall
be final and binding on the parties hereto and to the Executed Purchase Contract.
g. Any updated or revised Exhibit A to this Agreement or calculation of the Repair & Maintenance Reserve
prepared by Seller and delivered to Purchase Right Holder in accordance with the terms of this Agreement shall
automatically be deemed to supersede and replace any then-existing Exhibit A to this Agreement and the Repair
& Maintenance Reserve for all purposes, it being understood and agreed that Seller's calculation of any revisions
to the Repair & Maintenance Reserve and/or the Purchase Price (provided same shall have been calculated in
accordance with the terms of this Agreement and the Lease and absent manifest error) shall be final and binding
on Seller and Purchase Right Holder irrespective of whether Purchase Right Holder executes same or not.
Purchase Right Holder acknowledges that adjustments to the dates of the Initial Term under the Lease could
affect the Purchase Price.
23. FIRE OR CASUALTY. Notwithstanding anything contained in this Agreement to the contrary, if all or a material
part of the Premises is damaged or destroyed or is taken by eminent domain, then each of Purchase Right Holder and
Seller shall have the right to terminate this Agreement, upon written notice to the other, whereupon this Agreement
shall be of no further force or effect. For purposes hereof, “material damage” shall mean the time to repair the
Premises would take, in Landlord’s reasonable estimation, more than thirty (30) days from the date of such casualty.
However, if the damage was caused, in whole or in part, by the negligence or intentional or willful acts or omissions
of Tenant or any Occupant, then Landlord shall have the right to terminate this Agreement upon notice to Tenant
regardless of the extent of the damage. If the damage occurs after execution of the Executed Purchase Contract, the
terms and provisions thereof shall govern such fire or casualty. Nothing contained herein shall relieve Tenant from
liability under the Lease with respect to such casualty.
24. ADEQUATE CONSIDERATION. Purchase Right Holder and Seller each acknowledges and agrees that their
respective rights and obligations contained in this Agreement as well as the Purchase Right are supported by adequate
consideration, which consideration includes but is not limited to (a) the payment of the “Deposit” pursuant to and as
defined in the Document Review Acknowledgment submitted by at least one of the Purchase Right Holders, (b) the
payment of the Security Deposit and the Rent pursuant to and in accordance with the terms of the Lease, (c) the
credits and other payments which would have been credited by Seller to the Purchaser under the Purchase Contract
if the sale of the Premises were consummated pursuant to the terms of this Agreement, and (d) Tenant’s entering into
the Lease and agreeing to be bound pursuant to the obligations contained therein.
25. EXPIRATION. Except as set forth in the last sentence of this Paragraph and the Executed Purchase Contract, if
applicable, all of Purchase Right Holder’s rights contained in this Agreement to purchase the Premises (including
the Purchase Right which must be exercised, if at all, in accordance with Paragraph 1 above), shall expire, terminate,
become null and void and of no force or effect in accordance with the terms of this Agreement but in no event
later than the earlier to occur of the Expiration Date of the Lease or the day immediately preceding the fifth
(5
th
) anniversary of the Commencement Date of the Lease, time being of the essence and notwithstanding
anything contained in this Agreement to the contrary. Notwithstanding the immediately preceding sentence, the
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 61 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ Page 13
RTP - MD: 2020-03
provisions contained in this Agreement and the Lease pertaining to the calculation of the Purchase Price and the
Repair & Maintenance Reserve and adjustments thereto in the event the Executed Purchase Contract is entered into
shall survive and be binding in connection with the Executed Purchase Contract.
THISRIGHTTOPURCHASEAGREEMENTISNOTACONTRACTTOBUY.THISAGREEMENTISAN
INTEGRAL PART OF YOUR LEASE AND IS GOVERNED BY TITLE 8 OF THE REAL PROPERTY
ARTICLEOFTHEANNOTATEDCODEOFMARYLANDANDATENANTORPROSPECTIVETENANT
(INCLUDINGPURCHASERIGHTHOLDER)SHALLHAVEALLAPPLICABLERIGHTSANDREMEDIES
PROVIDEDUNDERTHATTITLE.
In Witness Whereof, and intending to be legally bound hereby, the parties have executed this Residential Right to
Purchase Agreement effective as of ___________________________________ (“Effective Date”).
Purchase Right Holder:
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
___________________________________________
Name: _______________________________
Landlord/Seller:
,
a Delaware limited liability company
By:______________________________________
Name:___________________________
Title: Authorized Agent
LIST OF EXHIBITS:
Exhibit A - Purchase Price
Exhibit B - Legal Description of Premises
Exhibit C - Purchase Contract
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
HP Maryland I LLC
DocuSignEnvelopeID:531D1EC1-D569-457F-8CD9-5CDC55289273
TrinityDurham
8/24/2021
Ex. A - 61
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 62 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT A
RTP - MD: 2020-03
EXHIBIT A
TO RESIDENTIAL RIGHT TO PURCHASE AGREEMENT
(Effective as of _______________________)
Date of Closing: Purchase Price*
(as of the date of this Exhibit A)
Initial Term of Lease (Year 1)
First Renewal Term of Lease (Year 2)
Second Renewal Term of Lease (Year 3)
Third Renewal Term of Lease (Year 4)
Fourth Renewal Term of Lease (Year 5)
$____________
$____________
$____________
$____________
$____________
* The Purchase Price set forth in this Exhibit A shall be: (1) calculated and adjusted in accordance with
Paragraph 22 of the Right to Purchase Agreement and (2) subject to adjustment pursuant to and in
accordance with the terms of the Right to Purchase Agreement and/or the terms of the Lease (including the
Repair, Maintenance & Improvement Addendum thereto).
The Purchase Price set forth herein includes a Repair & Maintenance Reserve in the initial amount of
$2,500. Any balance in the Repair & Maintenance Reserve at the time of Closing may result in a credit or
reduction in the Purchase Price in accordance with Paragraph 22 of the Right to Purchase Agreement.
This Exhibit A may be updated from time to time pursuant to and in accordance with the terms of Paragraph
22 of the Right to Purchase Agreement.
For the avoidance of doubt, the Purchase Price shall be calculated based upon the actual Closing Date, not
the estimated or target Closing Date contained in the Executed Purchase Contract.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
501200.00
518700.00
536800.00
555500.00
574900.00
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8/24/2021
Ex. A - 62
Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 63 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT B
RTP - MD: 2020-03
EXHIBIT B
TO RESIDENTIAL RIGHT TO PURCHASE AGREEMENT
LEGAL DESCRIPTION OF PREMISES
If not available at time of execution of the Right to Purchase Agreement, to be provided by Seller at Purchase Right
Holder’s request or as part of the Executed Purchase Contract.
6290 Cracklingtown Road, Hughesville, MD 20637
Marcus Wendall Durham
Ayoka A Ross-Durham
Jordan M Durham
Tyrique K Durham
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Case 8:23-cv-03490-LKG Document 1-6 Filed 12/22/23 Page 64 of 90
Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 1
RTP - MD: 2020-03
EXHIBIT C
TO RESIDENTIAL RIGHT TO PURCHASE AGREEMENT
REAL ESTATE SALE CONTRACT
(Maryland)
[To Be Conformed to any Requirements of Applicable Law at the time of Closing]
This REAL ESTATE SALE CONTRACT (“Contract”) is made as of the Date of Ratification (defined below) between the
person(s) who are identified on the signature page hereof as the Purchaser (individually or if more than one person is named, collectively,
“Purchaser”) who is identified as one or all of the persons constituting the Purchase Right Holder in that certain Residential Right to
Purchase Agreement (“Right to Purchase Agreement”) and the seller (or its predecessor in interest) who is identified on the signature
page of this Contract (“Seller”). Capitalized terms which are used in this Contract but which are not otherwise defined herein shall have
the meaning ascribed thereto in the Lease (defined below) or the Right to Purchase Agreement, as applicable. In consideration of the
mutual promises and covenants set forth below, and other good and valuable consideration the receipt and sufficiency of which is
acknowledged, the parties agree as follows:
1. REAL PROPERTY Purchaser will buy and Seller will sell for the Purchase Price (defined below), Seller’s entire interest in the
real property (with all improvements, rights and appurtenances) described as follows (“Property” [sometimes referred to as the
Premises herein and in the Right to Purchase Agreement]):
TAX Map/ID #____________ Legal Description: Lot(s) ____________ Block/Square ___________
Section ____________ Subdivision or Condominium
Parking Space(s) # ____________ County/Municipality
Deed Book/Liber # _______________________ Page/Folio #
Street Address
Unit # ______________ City ___________ State ____________ Zip Code
2. JURISDICTIONAL ADDENDUM A Jurisdictional Addendum for __________________ County, Maryland, if ratified and
attached, is attached to and by this reference made a part of this Contract.
3. PURCHASE PRICE Purchaser shall pay or satisfy the purchase price to Seller in the amount of
_______________________________________________________________ Dollars ($__________________________)
(“Purchase Price”), on the Settlement Date (sometimes referred to as the Closing Date in the Right to Purchase Agreement) on the
terms set forth herein:
a. The payment of the balance of the Purchase Price by wire transfer or certified funds, adjusted for the Deposit, prorations and
customary closing and settlement costs (which amounts shall be identified on the closing disclosure). For proration and other
purposes, Purchaser shall be deemed to own the Premises as of the Settlement Date.
b. Purchaser directs Seller (or confirms that Purchase Right Holder has directed Seller in the Exercise Notice) that an amount
equal to any unapplied Security Deposit and any prepaid Rent then held by Landlord under the Lease, in each case subject to
permitted setoffs as of Settlement, be applied or credited against the Purchase Price (or closing costs or credits), unless
otherwise agreed in writing. Seller shall have the right (but will not be required) to require written authorization from all
Tenants or Purchase Right Holders confirming such direction. Upon Settlement, such amounts so applied toward the Purchase
Price (or closing costs or credits) will be deemed to have been returned to Tenant pursuant to the terms of the Lease and
Landlord will have no further obligation to account for same under the Lease.
As of the Date of Ratification, Seller confirms that the Security Deposit currently being held by Landlord under the Lease is in
the amount of $_____________________. Such amounts (adjusted as of Settlement) shall be identified on the
disclosure/settlement statement.
c. The Purchase Price contained in this Contract (i) was determined in accordance with the Right to Purchase Agreement and (ii)
was based on the initial Settlement Date contained in this Contract (it being understood and agreed that if the Settlement Date
should be delayed and the actual Settlement Date would result in an increase in the Purchase Price in accordance with the Right
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 2
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to Purchase Agreement, then the Purchase Price contained in this Contract shall automatically be increased by the same
amount).
d. Seller shall have the right to adjust the amount of the Purchase Price and/or the amount of any closing credit contained in this
Contract (or any credits contained in the settlement statement): (i) for any matters that were not known or finalized as of the
date the Purchase Price contained in this Contract was calculated, (ii) based upon any reductions to the Repair & Maintenance
Reserve (including Repair & Maintenance Costs incurred after or not known/finalized as of the Date of Ratification), and (iii)
as expressly permitted by the Lease and the Right to Purchase Agreement; and
e. Prior to Settlement, Seller shall determine the outstanding balance, if any, of the Repair & Maintenance Reserve and such
balance shall either (i) be given to Purchaser as a closing credit or (ii) the Purchase Price shall be reduced by such amount.
It is expressly understood and agreed by Purchaser and Seller that any adjustments to Purchase Price contained in this Contract shall
occur, if at all, prior to consummation of the Settlement. Once the Settlement has occurred, each party hereto waives the right to
dispute the calculation of the Purchase Price (including the calculation of the Repair & Maintenance Reserve) paid pursuant to this
Contract (including credits or adjustments shown on the final settlement statement), all of which shall be final and binding on the
parties to this Contract, the Lease and the Right to Purchase Agreement notwithstanding anything contained therein to the contrary
(however Tenant shall not be relieved of any obligations under the Lease accruing prior to the Settlement Date).
4. DEPOSIT Simultaneously herewith, Purchaser shall deliver a deposit in the amount of $1,000.00 (“Deposit”) to Seller or as Seller
shall otherwise direct as earnest money to be applied to the Purchase Price (or closing costs or credits, unless otherwise subsequently
mutually agreed in writing) at Settlement, and agrees to pay or satisfy the balance of the purchase price. At Seller’s option, the
earnest money shall be held, at Seller’s option, (a) by a title company or escrow agent identified by Seller or (b) by Seller, for the
mutual benefit of the parties. Purchaser shall have no right to interest on the Deposit.
5. SETTLEMENT Seller and Purchaser will make full settlement in accordance with the terms of this Contract (“Settlement” or
“Closing”) on _____________ or on the date, if any, to which such time is extended by reasons of paragraph 2 of the Conditions
and Stipulations hereafter becoming operative (whichever date is later) (“Settlement Date" or “Closing Date”), unless subsequently
mutually agreed otherwise, at the office of _____________________________________________ (to be designated by Seller
unless all title insurance and closing costs are borne solely by Purchaser) ("Settlement Agent"), provided title is shown to be good
or is accepted by Purchaser. Either party may retain their own legal counsel.
6. PROPERTY MAINTENANCE AND CONDITION This Contract is for the sale of the real estate and property (including
fixtures, equipment and personal property) in their “AS IS, WHERE IS, WITH ALL FAULTS” condition, and Purchaser
acknowledges and agrees that, except as expressly set forth in this Contract, (a) no representations, warranties or guarantees with
respect to the condition of the Property, the real estate or property located thereon have been made by Seller other than those known
defects, if any, disclosed in writing by Seller, (b) the sale of the Property is without any representations or warranties by Seller,
including, without limitation, habitability or fitness for a particular purpose, (c) one or more of the persons who constitute Purchaser
has been in occupancy of the Property in its capacity as Tenant pursuant to that certain Residential Lease Agreement (“Lease”) with
the Seller, Purchaser shall be deemed to be fully aware of the condition of the entire Property and acknowledges that it has had
ample opportunity to inspect the Property prior to execution of this Contract, (d) to the extent that the Property has been damaged
prior to Settlement, Purchaser shall be deemed to have caused and/or consented to/accepted such damage and expressly accepts the
Property including all such damage, and (e) Seller has not agreed to and shall have no obligation to perform any repair or
maintenance work to the Property under this Contract. IN FURTHERANCE THEREOF, TO THE GREATEST EXTENT
ALLOWED BY APPLICABLE LAWS, SELLER SHALL HAVE NO OBLIGATION UNDER THIS CONTRACT TO REPAIR
OR RESTORE THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT: (I) THE PURCHASE PRICE WAS
NEGOTIATED WITH THE EXPRESS UNDERSTANDING THAT PURCHASER IS RESPONSIBLE FOR THE COST OF ALL
REPAIR AND MAINTENANCE NEEDS OF THE PROPERTY PURSUANT TO THE LEASE, THE RIGHT TO PURCHASE
AGREEMENT AND THIS CONTRACT; (II) TENANT (WHICH INCLUDES THE PURCHASER) HAS BEEN IN
OCCUPANCY OF THE PROPERTY SINCE THE COMMENCEMENT DATE UNDER THE LEASE AND IS AND WAS IN A
UNIQUE POSITION TO INVESTIGATE ALL MATTERS RELATED TO THE CONDITION OF THE PROPERTY; (III) THIS
OFFER IS MADE BY PURCHASER PURSUANT TO THE RIGHT TO PURCHASE AGREEMENT; (IV) TENANT SHALL
NOT BE RELIEVED OF OBLIGATIONS ACCRUING UNDER THE LEASE PRIOR TO THE EXPIRATION OR
TERMINATION THEREOF, AND (V) UPON SETTLEMENT/CLOSING, PURCHASER SHALL BE DEEMED TO HAVE
UNCONDITIONALLY WAIVED AND RELEASED SELLER FROM ALL OBLIGATIONS SELLER MAY HAVE UNDER
THE LEASE, THE RIGHT TO PURCHASE AGREEMENT AND THIS CONTRACT TO PERFORM ANY REPAIR OR
MAINTENANCE OBLIGATIONS THEREUNDER, IT BEING UNDERSTOOD AND AGREED THAT ALL SUCH
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 3
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OBLIGATIONS THAT REMAIN OUTSTANDING AS OF SETTLEMENT SHALL EXPIRE AND TERMINATE UPON
SETTLEMENT; ACCORDINGLY, SELLER SHALL HAVE NO OBLIGATION UNDER THIS CONTRACT OR OTHERWISE
TO REPAIR OR RESTORE ALL OR ANY PART OF THE PREMISES AFTER THE SETTLEMENT DATE.
7. PERSONAL PROPERTY AND FIXTURES. The Property includes the personal property and fixtures owned by Seller which
are located at the Property as of the Settlement Date. Unless otherwise agreed to in writing, all surface or wall mounted electronic
components/devices owned by Seller DO convey.
8. PURCHASER’S REPRESENTATIONS. Purchaser will occupy the Property as Purchaser’s principal residence. Neither this
Contract nor the financing is dependent or contingent on the sale and settlement or lease of other real property. Purchaser
acknowledges that Seller is relying upon all of Purchaser’s representations, including without limitation, the accuracy of financial
or credit information given to Seller or the lender by Purchaser.
9. DAMAGE OR LOSS Notwithstanding anything contained in this Contract to the contrary, in case, after execution of this Contract
but prior to delivery of the Deed, all or a material part of the Premises is damaged or destroyed by fire or other casualty, then
Purchaser and Seller shall each have the right, within ten (10) days after receipt of notice of such event, to notify the other that such
party has elected to terminate this Contract, whereupon this Contract shall be of no further force or effect and neither party shall
have any liability to the other under this Contract except that the Deposit shall be returned to Purchaser. If all or a portion of the
Premises is taken by eminent domain (or deed in lieu thereof) prior to Settlement, then Purchaser and Seller shall each have the
right, within ten (10) days after receipt of notice of such event, to notify the other that such party has elected to terminate this
Contract, whereupon this Contract shall be of no further force or effect and neither party shall have any liability to the other under
this Contract except that the Deposit shall be returned to Purchaser. If this Contract is not terminated pursuant to this paragraph,
then the parties shall proceed to Settlement and Seller shall (i) in the event of a casualty, at Seller’s option, either (A) repair such
damage and/or provide Purchaser with a credit for the estimated remaining cost of such repairs or (B) assign to Purchaser the
applicable insurance proceeds pertaining to such damage, or (ii) in the event of a condemnation, Purchaser shall pay the Purchase
Price and Seller will assign to Purchaser the right to recover all condemnation proceeds to which Seller may be entitled under
applicable law. Seller shall notify Purchaser prior to Settlement how it has elected to proceed. Nothing contained in this Contract
shall relieve Tenant from liability under the Lease with respect to damage or a casualty occurring on or before the Expiration Date
of the Lease.
10. TITLE. Seller shall deliver or cause to be delivered to Purchaser or Purchaser’s agent, not less than 5 days prior to the Settlement
Date, a title commitment for an owner's title insurance policy issued by a title insurance company or agent selected by Seller in the
amount of the purchase price, covering title to the real estate on or after the Date of Ratification. Seller shall not be obligated to
provide Purchaser with a current survey of the Property but agrees that if it has a copy of a survey in its possession, it will provide
a copy thereof to Purchaser. Purchaser acknowledges that should its lender or the title company require a current survey of the
Property, obtaining such current survey shall be Purchaser’s obligation and at Purchaser’s sole cost. Fee simple title to the Property,
and everything that conveys with it, will be sold free of liens except for any loans assumed by or obtained by Purchaser. Title is to
be good and marketable, and insurable by a licensed title insurance company with no additional risk premium. Title may be subject
to commonly acceptable easements, covenants, conditions and restrictions of record, if any, not unduly interfering with Purchaser’s
reasonable use of the Premises as a single family residence; otherwise, Purchaser may declare this Contract void, unless the defects
are of such character that they may be remedied within 30 Days beyond the Settlement Date. In case action is required to perfect
the title, such action must be taken promptly by Seller at Seller’s expense. Seller will convey the Property by special warranty deed
(“Deed”) to Purchaser (as tenants in common unless Seller is notified that Purchaser desires to hold title differently at least five (5)
Business Days prior to Closing). Seller will sign such affidavits, lien waivers, tax certifications, and other documents as may be
required by the lender, title insurance company, Settlement Agent, or government authority, and authorizes the Settlement Agent
to obtain pay-off or assumption information from any existing lenders. The manner of taking title may have significant legal and
tax consequences. Purchaser is advised to seek the appropriate professional advice concerning the manner of taking title. Unless
otherwise agreed to in writing, Seller will pay any special assessments and will comply with all orders or notices of violations of
any county or local authority, condominium unit owners’ association, homeowners’ or property owners’ association or actions in
any court on account thereof, against or affecting the Property on the Settlement Date covering periods through the Settlement Date;
Purchaser shall be responsible for and shall take subject to same for periods from and after the Settlement Date.
11. POSSESSION DATE. Possession of the Property shall be deemed to have been delivered by Seller on the Settlement Date. Seller
will not be obligated to deliver the Property to Purchaser vacant at the time of Settlement, it being understood and agreed that one
or more of the persons who constitute Purchaser has been in possession of the Property pursuant to the terms of the Lease and
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Purchase Right Holder Name: ___________________________________
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although the Lease provides that it shall automatically terminate and expire upon the sale of the Property pursuant to this Contract,
Purchaser is expressly taking title subject to any holdover by any tenant or occupant under the Lease. Keys and/or means to operate
all locks, mailboxes, security systems, alarms and garage door openers have previously been provided to Purchaser and no additional
copies will be provided to Purchaser except to the extent in Seller’s possession.
12. FEES . Fees for the preparation of the Deed, that portion of the Settlement Agent’s fee billed to Seller, costs of releasing existing
encumbrances (unless assumed by Purchaser), Seller’s legal fees and any other proper charges assessed to Seller will be paid by
Seller. Fees for the title exam (except as otherwise provided), survey, recording (including those for any purchase money trusts)
and that portion of the Settlement Agent’s fee billed to Purchaser, Purchaser’s legal fees and any other proper charges assessed to
Purchaser will be paid by Purchaser. Fees to be charged will be reasonable and customary for the jurisdiction in which the Property
is located. (Recording, Transfer and Grantor’s Taxes are covered in the appropriate jurisdictional addenda).
13. ADJUSTMENTS. Rents, real estate taxes, water and sewer charges, front foot benefit and house connection charges, condominium
unit owners’ association, homeowners’ and/or property owners’ association regular periodic assessments (if any) and any other
operating charges, are to be adjusted to the day of Settlement. Any heating or cooking fuels remaining in supply tank(s) at Settlement
will become the property of Purchaser, unless leased. Real estate property taxes, general and special, are to be adjusted according
to the certificate of taxes issued by the collector of taxes, if any, except that recorded assessments for improvements completed
prior to Settlement, whether assessments have been levied or not, will be paid by Seller or allowance made at Settlement. If a loan
is assumed, interest will be adjusted to the Settlement Date and Purchaser will reimburse Seller for existing escrow accounts, if any.
The prorations set forth on the settlement statement constitute the final agreement between the parties and shall not be reprorated.
For proration and other purposes, Purchaser shall be deemed to own the Property on the Settlement Date.
14. ATTORNEY’S FEES. If any party breaches this Contract and a non-breaching party retains legal counsel to enforce its rights
hereunder, the non-breaching party shall be entitled to recover against the breaching party, in addition to any other damages
recoverable against any breaching party, all of its reasonable Legal Expenses incurred in enforcing its rights under this Contract,
whether or not suit is filed, and in obtaining, enforcing and/or defending any judgment related thereto. Should any tribunal of
competent jurisdiction determine that more than one party to the dispute has breached this Contract, then all such breaching parties
shall bear their own costs, unless the tribunal determines that one or more parties is a “Substantially Prevailing Party”, in which
case any such Substantially Prevailing Party shall be entitled to recover from any of the breaching parties, in addition to any other
damages recoverable against any breaching party, all of its reasonable Legal Expenses incurred in enforcing its rights under this
Contract, whether or not suit is filed, and in obtaining, enforcing and/or defending any judgment related thereto.
15. PERFORMANCE. Delivery of the required funds and executed documents to the Settlement Agent will constitute sufficient tender
of performance. Funds from this transaction at Settlement may be used to pay off any existing liens and encumbrances, including
interest, as required by lender(s) or lienholders.
16. DEFAULT. If Purchaser fails to complete Settlement for any reason other than default by Seller, at the option of Seller, the Deposit
may be forfeited as liquidated damages (not as a penalty) in which event Purchaser will be relieved from further liability to Seller.
If Seller does not elect to accept the Deposit as liquidated damages, the Deposit may not be the limit of Purchaser’s liability. If
Seller fails to perform or comply with any of the terms and conditions of this Contract or fails to complete Settlement for any reason
other than default by Purchaser, the earnest money shall be returned to the Purchaser as Purchaser’s sole remedy. If either Seller
or Purchaser refuses to execute a release of Deposit (“Release”) when requested to do so in writing and a court finds that such party
should have executed the Release, the party who so refused to execute the Release will pay the expenses, including, without
limitation, reasonable attorney’s fees, incurred by the other party in the litigation.
17. OTHER DISCLOSURES Purchaser and Seller should carefully read this Contract to be sure that the terms accurately
express their respective understanding as to their intentions and agreements. Purchaser and Seller are further advised to
seek appropriate professional advice concerning the condition of the Property or tax and insurance matters. The following
provisions of this paragraph disclose some matters which the parties may investigate further. These disclosures are NOT intended
to create a contingency. Any contingency must be specified by adding appropriate written terms to this Contract. The parties
acknowledge the following disclosures:
A. PROPERTY CONDITION Various inspection services and home warranty insurance programs are available. Information
relating to these issues may be available from appropriate government authorities.
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B. LEGAL REQUIREMENTS All contracts for the sale of real property must be in writing to be enforceable. Upon ratification
and Delivery, this Contract becomes a legally binding agreement. Any changes to this Contract must be made in writing for
such changes to be enforceable.
C. FINANCING Mortgage rates and associated charges vary with financial institutions and the marketplace. Purchaser has the
opportunity to select the lender and the right to negotiate terms and conditions of the financing subject to the terms of this
Contract. The financing may require substantial lump sum (balloon) payments on the due dates. Purchaser has not relied upon
any representations regarding the future availability of mortgage money or interest rates for the refinancing of any such lump
sum payments.
D. PROPERTY TAXES Purchaser’s property tax bill could substantially increase following Settlement. For more information
on property taxes contact the appropriate taxing authority in the jurisdiction where the Property is located.
E. PROPERTY INSURANCE Obtaining property insurance is typically a requirement of the lender in order to secure financing.
Insurance rates and availability are determined in part by the number and nature of claims and inquiries made on a property’s
policy as well as the number and nature of claims made by a prospective Purchaser. Property insurance has become difficult to
secure in some cases. Seller shall terminate and cancel all hazard and other insurance held by it in connection with the Property
as of Settlement. Purchaser shall obtain new insurance policies at Settlement, to the extent desired by Purchaser or required by
Purchaser’s lender.
F. RESPA. Purchaser and Seller agree to make all disclosures and do all things necessary to comply with the applicable provisions
of the Real Estate Settlement Procedures Act of 1974. In the event that either party shall fail to make appropriate disclosure
when asked, such failure shall be considered a breach on the part of said party.
G. NON-TERRORIST. Purchaser certifies that he/she/it has not been designated or named as a terrorist, a “Specially Designated
National and Blocked Person,” or any other banned or blocked individual or entity pursuant to any law, order, rule or regulation
that is enforced or administered by the Office of Foreign Assets Control or on the most current list published by the U.S.
Treasury Department Office of Foreign Assets Control at its official website. Purchaser shall defend, indemnify, and hold
harmless Seller from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable
attorneys’ fees and costs) arising from or related to any current or future breach of the foregoing certification.
H. OTHER DISCLOSURES Purchaser acknowledges that in addition to the disclosures made pursuant to the terms of this
Contract, prior to execution of this Contract: (a) it has received copies of and is familiar with each of the Disclosures which are
identified in the Lease and/or the Right to Purchase Agreement and all such disclosure shall be deemed to be incorporated into
this Contract by this reference without the necessity of attaching same hereto, and (b) it was provided with an opportunity to
conduct a paint inspection or risk assessment for lead-based paint or lead-based paint hazards (unless required by law to be
conducted by Landlord or Seller) and that it has either completed such inspections and is satisfied with the results thereof or
has waived the opportunity to perform such inspections.
18. ASSIGNABILITY; JOINT AND SEVERAL Purchaser shall not have the right to assign this Contract nor any rights or interests
herein. Each person constituting Purchaser (should there be more than one) is and shall be jointly and severally liable for all
obligations of Purchaser under this Contract. The inclusion of “and/or assigns” or similar language on the line identifying Purchaser
on shall not constitute Seller’s written consent to any names beyond those permitted by the Right to Purchase Agreement.
19. DEFINITIONS
A. “Intentionally omitted.
B. “Day(s)” or “day(s)” means calendar day(s) unless otherwise specified in this Contract.
C. All reference to time of day shall refer to the time of day in the Eastern Time Zone of the United States.
D. For the purpose of computing time periods, the first Day will be the Day following Delivery and the time period will end at 9
p.m. on the Day specified. If the Settlement Date falls on a Saturday, Sunday, or legal holiday, then the Settlement will be on
the prior business day.
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E. “Date of Ratification” means the date of final acceptance in writing by Purchaser and Seller, of all the terms of this Contract,
and all addenda hereto (not the date of expiration or removal of any contingencies).
F. For “Delivery” and “Notices” definitions, see appropriate Jurisdictional Addendum.
G. The masculine includes the feminine and the singular includes the plural.
H. “Possession Date” - See POSSESSION DATE paragraph.
I. “Legal Expenses” means attorney fees, court costs, and litigation expenses, if any, including, but not limited to, expert witness
fees and court reporter fees which shall not exceed the sum of $1,000 in the aggregate in any action.
J. “Business Days”, whenever used, means Monday through Friday, excluding federal holidays.
K. Computation of Time Periods: For the purpose of computing time periods, the first Day will be the Day following Delivery,
and the time period will end at 9 p.m. on the Day specified.
20. MISCELLANEOUS This Contract may be signed in one or more counterparts, each of which is deemed to be an original, and all
of which together constitute one and the same instrument. Documents obtained via facsimile machines will also be considered as
originals; however, each party delivering executed documents by facsimile or other electronic means agrees to provide the other
party with an original, hard copy of the relevant signed documents promptly after the request of the other party. Typewritten or
handwritten provisions included in this Contract will control all pre-printed provisions that are in conflict.
21. VOID CONTRACT If this Contract becomes void and of no further force and effect, without Default by either party, both parties
will immediately execute a release directing that the Deposit be refunded in full to Purchaser according to the terms of the DEPOSIT
paragraph.
22. TIME IS OF THE ESSENCE AS TO ALL TERMS OF THIS CONTRACT.
23. ENTIRE AGREEMENT This Contract will be binding upon the parties and each of their respective heirs, executors,
administrators, successors and permitted assigns. The provisions not satisfied at Settlement will survive the delivery of the deed
for a period of 6 months and will not be merged therein. This Contract, unless amended in writing, contains the final and entire
agreement of the parties pertaining to the sale of the Property and the parties will not be bound by any terms, conditions, oral
statements, warranties or representations not herein contained, except to the extent terms contained in the Lease and the Right to
Purchase Agreement are applicable. The interpretation of this Contract will be governed by the laws of the jurisdiction where the
Property is located. In case any provision of this Contract is held invalid, illegal, or unenforceable in any respect, the invalidity,
illegality, or unenforceability shall not affect any other provision of this Contract.
24. BROKER Purchaser represents to Seller that no broker was used in connection with this Contract and no commissions, fees or
other compensation shall be payable or owed to a broker as a result of the sale of the Property to Purchaser (except for any broker
retained by Seller in which event Seller shall be responsible for any commission due such broker) and Purchaser shall indemnify
Seller against a breach of such representation. This provision shall survive Settlement or termination of this Contract indefinitely.
Real estate broker fees or commissions, if any, shall be paid at Settlement in accordance with the listing agreement, buyer service
agreement or other written agreement for compensation by the party obligated to pay same per such agreement.
25. 1031 EXCHANGE Purchaser acknowledges that Seller may be entering into this transaction in connection with a tax-deferred
exchange (the "Exchange") and if requested by Seller, Purchaser shall cooperate with Seller’s request to effectuate such Exchange,
including executing any documents, instruments or agreements reasonably requested by Seller provided Purchaser shall not be
obligated to (i) expend any costs in connection with such Exchange or (ii) accept or assume any additional obligations or liabilities
in connection with such Exchange.
26. TRANSFER AND RECORDATION TAXES: (Select either A or B)
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 7
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A. Purchaser is NOT a First Time Maryland Homebuyer: Section 14-104(b) of the Real Property Article of the Annotated Code
of Maryland (“Real Property Article”) provides that, unless otherwise negotiated in the contract or provided by state or local law, the
cost of any recordation tax or any state or local transfer tax shall be shared equally between the purchaser and seller. PURCHASER
AND SELLER EXPRESSLY AGREE THAT THE COST OF ALL STATE RECORDATION TAX, STATE TRANSFER TAX
AND LOCAL (COUNTY) TRANSFER TAX SHALL BE PAID SOLELY BY THE PURCHASER.
OR
B. Purchaser is a First Time Maryland Homebuyer:
1) To qualify as a First-Time Maryland Homebuyer, each Purchaser must sign a statement under oath stating that:
a. The Purchaser has never owned residential real property in Maryland that has been the individual’s principal
residence; AND the Property will be occupied as a principal residence;
OR
b. The Purchaser is a Co-Maker or Guarantor of a mortgage or deed of trust to be secured by the Property AND the Co-
Maker or Guarantor will NOT occupy the Property as a principal residence.
2) If Purchaser is a First Time Maryland Homebuyer, then:
a. Under Section 13-203(b) of the Tax Property Article Annotated Code of Maryland, the amount of State Transfer Tax
due on the sale of the Property is reduced from .50% to .25% and shall be paid by the seller;
AND
b. Under Section 14-104(c) of the Real Property Article, the entire amount of the recordation tax and the local (county)
transfer tax shall be paid by the Seller unless there is an express written agreement stating otherwise. PURCHASER
AND SELLER EXPRESSLY AGREE THAT THE COST OF STATE RECORDATION TAX AND LOCAL
(COUNTY) TRANSFER TAX SHALL BE PAID SOLELY BY THE PURCHASER.
Purchaser and Seller expressly agree that payment of the recordation and local (county) transfer tax shall be shared
equally between Purchaser and Seller unless the space provided above in this subparagraph is completed specifying a
different express agreement. (Note: In the event the Purchaser elects to pay all of State Recordation Tax and Local
(County) Transfer Tax, the Seller must still pay the non-waived portion of the State Transfer Tax.)
27. FEDERAL LEAD-BASED PAINT REGULATIONS:
Lead-Based Paint Hazard: A Seller who fails to give the required Lead Paint - Federal Disclosure (“Federal Lead Disclosure”)
and EPA Pamphlet “Information and Disclosure of Lead-Based Paint and Lead-Based Paint Hazards” (pre 1978 properties) may be
liable under Federal law for three times the amount of damages. The foregoing Federal Lead Disclosure and EPA Pamphlet are
hereinafter collectively referred to as the “Required Lead Paint Information”. The Seller represents that this residential Property
was built prior to 1978 OR was not built prior to 1978 OR building date is uncertain. If the dwelling(s) was built prior to
1978 or if the building date is uncertain, this Contract is not complete and is not ratified unless, prior to ratification, the Purchaser
acknowledges receipt of the Required Lead Paint Information and has either taken the opportunity to incorporate a Lead-Based
Paint Inspection contingency or waived such right. The Seller and any agent involved in the transaction are required to retain a
copy of the completed Lead Paint Disclosure forms for a period of 3 years following the date of settlement. The Seller and Purchaser
acknowledge by their respective initials below that they have read and understand the provisions of this paragraph.
______ /______ Seller’s Initials ______ / ______ Purchaser’s Initials
28. NOTICES: All notices under this Contract shall be in writing. Notices to the Seller shall be effective when delivered to the Seller.
Notices to the Purchaser shall be effective when delivered to the Purchaser. “Purchaser” means “Buyer” and vice versa. “Delivery”
means hand carried, sent by overnight delivery service, sent by wired or electronic medium which produces a tangible record of the
transmission (such as telegram, mailgram, telecopier or “Fax”, email which includes an attachment with an actual copy of the
executed instruments being transmitted, or U.S. Postal mailing). In the event of overnight delivery service, Delivery will be deemed
to have been made on the next business Day following the sending, unless earlier receipt is acknowledged in writing. In the event
of U.S. Postal mailing, Delivery will be deemed to have been made on the third business Day following the mailing, unless earlier
receipt is acknowledged in writing.
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Purchase Right Holder Name: ___________________________________
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29. COOPERATIVE/CONDOMINIUM ASSOCIATION APPROVAL: If this sale is subject to the approval or right of first refusal
of the Council of Unit Owners or Board of Directors of the Cooperative/Condominium, then Seller agrees to immediately present
this Contract to such Council or Board for their action or consideration. In the event this sale is disallowed by the appropriate
Cooperative/Condominium authority, this Contract shall be null and void, and the Deposit shall be refunded when an “Agreement
of Release” is signed or in accordance with the provisions of this Contract. The Property IS NOT part of a
Cooperative/Condominium.
30. FOREIGN INVESTMENT TAXES - FIRPTA: Section 1445 of the United States Internal Revenue Code of 1986 provides that
a buyer of a residential real property located in the United States must withhold federal income taxes from the payment of the
purchase price if (a) the purchase price exceeds Three Hundred Thousand Dollars ($300,000.00) or the purchase price is less than
or equal to Three Hundred Thousand Dollars ($300,000.00) and the property will not be owner occupied, and (b) Seller is a foreign
person for purposes of U.S. income taxation. A foreign person includes, but is not limited to, a non-resident alien, foreign
corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined by the Internal Revenue Code and
applicable regulations). In the event the Seller is a foreign person (as described above), the Seller will be subject to the withholding
provisions of FIRPTA. If the Seller is not a foreign person, the Seller agrees to execute an affidavit to this effect at the time of
Settlement.
31. VOID CONTRACT: If this Contract becomes void, all principals will immediately execute a release directing that the Deposit be
refunded in full to the Purchaser according to the terms of the DEPOSIT paragraph. Except with respect to disbursement of the
Deposit at Settlement hereunder, the Deposit and accrued interest, if any, shall be given or returned to any of the principals to this
transaction only when an “Agreement of Release” has been ratified by all principals, in accordance with the laws and regulations
of the appropriate jurisdiction.
32. MARYLAND NON-RESIDENT SELLER: Except as otherwise provided by Maryland law, if the Property is not the Seller’s
principal residence, and the Seller is a nonresident individual of the State of Maryland or is a non-resident entity which is not formed
under the laws of the State of Maryland or qualified to do business in the State of Maryland, a portion of the proceeds of sale may
be withheld at the time of settlement and paid to the State of Maryland towards a potential capital gains tax liability. For more
information see: www.marylandtaxes.com
33. SINGLE FAMILY RESIDENTIAL REAL PROPERTY DISCLOSURE NOTICE: Maryland purchasers are advised of the
right to receive a Disclosure and Disclaimer Statement from seller unless exempt (Section 10-702 Real Property Article, Annotated
Code of Maryland).
34. WETLANDS NOTICE: The Purchaser is advised that if all or a portion of the Property being purchased is wetlands, the approval
of the U.S. Army Corps of Engineers will be necessary before a building permit can be issued for the Property. Additionally, the
future use of existing dwellings may be restricted due to wetlands. The Corps has adopted a broad definition of wetlands, which
encompasses a large portion of the Chesapeake Bay Region. Other portions of the State may also be considered wetlands. For
information as to whether the Property includes wetlands, Purchaser may contact the Baltimore District of the U.S. Army Corps of
Engineers. Purchaser may also elect, at Purchaser’s expense, to engage the services of a qualified specialist to inspect the Property
for the presence of wetlands prior to submitting a written offer to purchase the Property, or Purchaser may include in Purchaser’s
written offer, subject to the Seller’s acceptance, a clause making Purchaser’s purchase of the Property contingent upon a satisfactory
wetlands inspection.
35. RENOVATION, REPAIR AND PAINTING OF PROPERTY: In accordance with the Lead Renovation, Repair and Painting
Rule (“RRP”) as adopted by the Environmental Protection Agency (“the EPA”), effective April 22, 2010, if the improvements on
the Property were built before 1978, contractor(s) engaged by Seller to renovate, repair or paint the Property must be certified by
the EPA where such work will disturb more than six square feet of paint per room for interior projects; more than 20 square feet of
paint for any exterior project; or includes window replacement or demolition (“Covered Work”). Before and during any Covered
Work project, contractor(s) must comply with all requirements of the RRP.
A Seller who personally performs any Covered Work on a rental property is required to be certified by the EPA prior to performing
such Covered Work. No certification is required for a Seller who personally performs Covered Work on a Seller’s principal
residence. However, Seller has the ultimate responsibility for the safety of Seller’s family or children while performing such
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 9
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Covered Work. For detailed information regarding the RRP, Seller should visit: http://www2.epa.gov/lead/renovation-repair-and-
painting-program
Purchaser and Seller acknowledge that they have read and understand the provisions of this Section.
______ / ______ Seller’s Initials ______ / ______ Purchaser’s Initials
36. CRITICAL AREAS ADDENDUM: Purchaser is advised that all or a portion of the Property may be located in the “Critical Area”
of the Chesapeake and Atlantic Coastal Bays, and that additional zoning, land use, and resource protection regulations apply in this
area. The “Critical Area” generally consists of all land and water areas within 1,000 feet beyond the landward boundaries of state
or private wetlands, the Chesapeake Bay, the Atlantic Coastal Bays, and all their tidal tributaries. The “Critical Area” also includes
the waters of and lands under the Chesapeake Bay, the Atlantic Coastal Bays and all of their tidal tributaries to the head of the tide.
For information as to whether the property is located within the Critical Area, Purchaser may contact the local Department of
Planning and Zoning, which maintains maps showing the extent of the Critical Area in the jurisdiction. Allegany, Carroll, Frederick,
Garrett, Howard, Montgomery and Washington Counties do not include land located in the Critical Area.
37. PROPERTY TAX NOTICE 60 DAY APPEAL: If any real property is transferred after January 1 and before the beginning of
the next taxable year to a new owner, the new owner may submit a written appeal as to a value or classification on or before 60
days after the date of the transfer.
38. NOTICE CONCERNING CONSERVATION EASEMENTS: If the Property is encumbered by a Conservation Easement as
defined in Section 10-705 of the Real Property Article, Annotated Code of Maryland, this Contract must include the following
notice concerning the easement. The Property (CHECK ONE)
IS IS NOT encumbered by one or more conservation
easements or other restrictions limiting or affecting uses of the Property. Maryland law requires that the seller deliver to
the Purchaser copies of all conservation easements on or before the day the contract is entered into. Purchaser should review
all conservation easements carefully to ascertain the Purchaser's rights, responsibilities, and obligations under each
conservation easement, including any requirement that after the sale the Purchaser must inform the owner of the
conservation easement of the sale of the property.
39. GROUND RENT: If the Property is subject to ground rent and the ground rent is not timely paid, the ground lease holder (i.e., the
person to whom the ground rent is payable) may bring an action under Section 8-402.3 of the Real Property Article, Annotated
Code of Maryland. As a result of this action, a lien may be placed upon the property. If the Property is subject to ground rent,
Sections 14-116 and 14-116.1 of the Real Property Article provide the purchaser, upon obtaining ownership of the Property, with
certain rights and responsibilities relative to the ground rent. The Property IS NOT subject to a ground lease.
40. APPRAISAL CONTINGENCY.
______________________ (This section is applicable (a) only if checked and initialed by
Seller and (b) for the first Executed Purchase Contract associated with the Right to Purchase Agreement and there shall be no
Appraisal Contingency thereafter).
Appraisal Contingency. Purchaser shall have the right to terminate this Contract in the event an Appraisal (defined below) obtained
by Purchaser certifies an appraised value for the Premises that is less than the Purchase Price (“Appraisal Contingency”). For
purposes hereof, the “Appraisal” must be in writing, prepared and signed by a licensed real estate appraiser in the state in which the
Premises is located and must be dated no earlier than the Date of Ratification and no later than the scheduled Settlement Date set
forth above (as same may be extended in writing). In order to terminate this Contract due to an Appraisal Contingency, Purchaser
must provide Seller, prior to the scheduled Settlement Date, with a written notice of such termination together with a copy of the
Appraisal satisfying the foregoing requirements. Promptly after such termination due to an Appraisal Contingency, the earnest
money (minus any out-of-pocket costs incurred by Seller in connection with preparing for the Settlement such as ordering a title
commitment or obtaining a pay-off letter, which amounts shall be retained by Seller) shall be promptly refunded to Purchaser.
41. ADDENDA: The addenda checked below and attached hereto are incorporated into this Contract by reference and are an integral
part of this Contract.
____ Addendum #1 Maryland Residential Property Disclosure and Disclaimer Statement
____ Addendum #2 Lead Paint Federal Disclosure
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 10
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____ Addendum #3 Maryland Lead Poisoning Prevention Program Disclosure
____ Addendum #4 Homeowners Association (HOA) Seller Disclosure/Resale Addendum for Maryland
____ Addendum #5 Jurisdictional Addendum for ___________________ County, Maryland
____ Other: _____________________________________________________________________
42. ELECTRONIC SIGNATURES In accordance with the Uniform Electronic Transactions Act (UETA) and the Electronic
Signatures in Global and National Commerce Act, or E-Sign (the Act), and other applicable local or state legislation
regarding Electronic Signatures and Transactions, the parties do hereby expressly authorize and agree to the use of
electronic signatures as an additional method of signing and/or initialing this Contract. The parties hereby agree that either
party may sign electronically by utilizing a digital signature service.
Seller: _____/_____Purchaser: _____/_____
IN WITNES WHEREOF, the parties have executed this Contract as of the Date of Ratification indicated below.
SELLER:
_____________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
Seller’s Address:
________________________________
120 S. Riverside Plaza, Suite 2000
Chicago, Illinois 60606
Attention: Closing Department
PURCHASER:
___________________________ Date: _________
Print Name
____________________________ Date: _________
Print Name
____________________________ Date: _________
Print Name
Purchaser’s Address
if different from the Premises:
_______________________________________
_______________________________________
Date of Ratification (see DEFINITIONS):
__________________, 20____
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Purchase Right Holder Name: ___________________________________
Premises Address: _____________________________________ EXHIBIT C - Page 11
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Addendum #1
MARYLAND RESIDENTIAL PROPERTY DISCLOSURE AND DISCLAIMER STATEMENT
Property Address:
Legal Description:
NOTICE TO SELLER AND PURCHASER
Section 10-702 of the Real Property Article, Annotated Code of Maryland, requires the owner of certain residential real property to
furnish to the purchaser either (a) a RESIDENTIAL PROPERTY DISCLAIMER STATEMENT stating that the owner is selling the
property “as isand makes no representations or warranties as to the condition of the property or any improvements on the real property,
except as otherwise provided in the contract of sale, or in a listing of latent defects; or (b) a RESIDENTIAL PROPERTY DISCLOSURE
STATEMENT disclosing defects or other information about the condition of the real property actually known by the owner. Certain
transfers of residential property are excluded from this requirement (see the exemptions listed below).
10-702. EXEMPTIONS. The following are specifically excluded from the provisions of §10-702:
1. The initial sale of single family residential real property:
A. that has never been occupied; or
B. for which a certificate of occupancy has been issued within 1 year before the seller and purchaser enter into a contract
of sale;
2. A transfer that is exempt from the transfer tax under §13-207 of the Tax-Property Article, except land installment contracts
of sales under §13-207(a) (11) of the Tax-Property Article and options to purchase real property under §13-207(a)(12) of
the Tax-Property Article;
3. A sale by a lender or an affiliate or subsidiary of a lender that acquired the real property by foreclosure or deed in lieu of
foreclosure;
4. A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
5. A transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship. conservatorship, or trust;
6. A transfer of single family residential real property to be converted by the purchaser into use other than residential use or
to be demolished; or
7. A sale of unimproved real property.
Section 10-702 also requires the owner to disclose information about latent defects in the property that the owner has actual knowledge
of. The owner must provide this information even if selling the property “as is.” “Latent defects” are defined as: Material defects in real
property or an improvement to real property that:
(1) A purchaser would not reasonably be expected to ascertain or observe by a careful visual inspection of the real property;
and
(2) Would pose a direct threat to the health or safety of:
(i) the purchaser; or
(ii) an occupant of the real property, including a tenant or invitee of the purchaser.
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Purchase Right Holder Name: ___________________________________
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MARYLAND RESIDENTIAL PROPERTY DISCLAIMER STATEMENT (continued)
NOTICE TO OWNER(S): Sign this statement only if you elect to sell the property without representations and warranties as to its
condition, except as otherwise provided in the contract of sale and in the listing of latent defects set forth below; otherwise, complete
and sign the RESIDENTIAL PROPERTY DISCLOSURE STATEMENT.
Except for the latent defects listed below, the undersigned owner(s) of the real property make no representations or warranties as to the
condition of the real property or any improvements thereon, and the purchaser will be receiving the real property “as is” with all defects,
including latent defects, which may exist, except as otherwise provided in the real estate contract of sale. The owner(s) acknowledge
having carefully examined this statement and further acknowledge that they have been informed of their rights and obligations under
§10-702 of the Maryland Real Property Article.
The owner(s) has actual knowledge of the following latent defects:
Property Address: ______________________________________________________________
Owner Date
______________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
The purchaser(s) acknowledge receipt of a copy of this disclaimer statement and further acknowledge that they have been informed of
their rights and obligations under §10-702 of the Maryland Real Property Article.
Purchaser Date
Purchaser Date
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Addendum #2
Lead Paint - Federal Disclosure
Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Property Address:
LEAD WARNING STATEMENT
Every purchaser/tenant of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that
such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.
Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller/landlord
of any interest in residential real property is required to provide the buyer/tenant with any information on lead-based paint hazards from
risk assessments or inspections in the seller’s/landlord’s possession and notify the purchaser/tenant of any known lead-based paint
hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase/lease.
SELLER’S/LANDLORD’S DISCLOSURE (initial)
____ (a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
Seller/Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
____ (b) Records and reports available to the seller/landlord (check one below):
Seller/Landlord has provided the purchaser/tenant with all available records and reports pertaining to lead-based paint
and/or lead-based paint hazards in the housing (list documents below):
Seller/Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
PURCHASER’S/TENANT’S ACKNOWLEDGMENT (initial)
____ (c) Purchaser/Tenant has read the Lead Warning Statement above
____ (d) Purchaser/Tenant has received copies of all information listed above.
Yes
No
None listed
____ (e) Purchaser/Tenant has received the pamphlet Protect Your Family From Lead in Your Home.
Yes
No
____ (f) Purchaser has (check one below):
Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards (unless required by law to be conducted by Seller).
CERTIFICATION OF ACCURACY
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate.
SELLER/LANDLORD:
______________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
PURCHASER/TENANT:
___________________________ Date: _________
Print Name
____________________________ Date: _________
Print Name
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Addendum #3
MARYLAND LEAD POISONING PREVENTION PROGRAM DISCLOSURE
Property Address:
MARYLAND LEAD POISONING PREVENTION PROGRAM DISCLOSURE: Under the Maryland Lead Poisoning Prevention
Program (the “Maryland Program”), any leased residential dwelling constructed prior to 1978 is required to be registered with the
Maryland Department of the Environment (MOE). Detailed information regarding compliance requirements may be obtained at:
http://www.mde.state.md.us/programs/Land/LeadPoisoningPrevention/Pages/index.aspx.
1. Seller hereby discloses that the Property was constructed prior to 1978;
AND
The Property ________ IS or _______ IS NOT registered in the Maryland Program (Seller to initial applicable line).
2. If the Property was constructed prior to 1978 and Purchaser intends to lease the Property effective immediately following
settlement or in the future, Purchaser is required to register the Property with the Maryland Department of the Environment within thirty
(30) days following the date of settlement or within thirty (30) days following the conversion of the Property to rental property as
required by the Maryland Program. Purchaser is responsible for full compliance under the Maryland Program, including but not limited
to, registration; inspections; lead-paint risk reduction and abatement procedures; payment of all fees, costs and expenses; and the notice
requirements to tenants.
3. If the Property is registered under the Maryland Program as indicated above, Seller further discloses to Purchaser that an event as
defined under the Maryland Program (including, but not limited to, notice of the existence of lead-based paint hazards or notice of
elevated blood lead levels from a tenant or state, local or municipal health agency) (Seller to initial applicable line) ________ HAS; or
_______ HAS NOT occurred, which obligates Seller to perform either the modified or full risk reduction treatment of the Property as
required under the Maryland Program. If an event has occurred that obligates Seller to perform either the modified or full risk reduction
treatment of the Property, Seller hereby discloses the scope of such treatment as follows:
If such event has occurred, Seller (Seller to initial applicable line) ________ WILL; OR ________ WILL NOT perform the required
treatment prior to transfer of title of the Property to Purchaser.
ACKNOWLEDGEMENT: Purchaser acknowledges by Purchaser’s initials that Purchaser has read and understands the above
Paragraphs. ________I________ (PURCHASER)
CERTIFICATION OF ACCURACY: The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
SELLER:
______________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
PURCHASER:
___________________________ Date: _________
Print Name
____________________________ Date: _________
Print Name
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Addendum #4
Homeowners Association (HOA) Seller Disclosure/Resale Addendum for Maryland
Name of Purchaser _____________________________________________________
Property Address
City , State Zip Lot:
Block/Square: Unit: Section: Tax ID #
Parking Space(s) # Storage Unit(s) # Subdivision/Project:
PART 1 - SELLER DISCLOSURE:
1. SELLER’S ACKNOWLEDGMENT: ALL INFORMATION HEREIN WAS COMPLETED BY THE SELLER.
The information contained in this Disclosure issued pursuant to Section 11B-106(b) of the Maryland Homeowners Association Act
is based on the Seller’s actual knowledge and belief and is current as of the date hereof.
2. NAME OF HOMEOWNERS ASSOCIATION: The Lot, which is the subject of this Contract, is located within a
Development and is subject to the Homeowners Association.
3. CURRENT FEES AND ASSESSMENTS: Fees and assessments as of the date hereof amount respectively to:
A. HOA Fee: Potential buyers are hereby advised that the present HOA fee for the subject unit and parking space or
storage unit, if applicable, is $ per
B. Special Assessments: No Yes (If yes, complete 1-4 below.)
1) Reason for Assessment:
2) Payment Schedule: $ per
3) Number of payments remaining as of (Date)
4) Total Special Assessment balance remaining: $
C. Delinquency: Are there any delinquent Fees and/or Special Assessments? No Yes
D. Fee Includes: The following are included in the HOA Fee:
None
Trash
Lawn Care Other
4. FEES DURING PRIOR FISCAL YEAR: The total amount of fees, assessments and other charges imposed by the HOA
upon the Lot during the prior fiscal year of the HOA is as follows:
Fees: $
Assessments: $
Other Charges: $
Total: $
5. PARKING AND STORAGE: Parking space(s) and storage unit(s) may be designated by the Association Documents as:
1) general common elements for general use (possibly subject to a lease or license agreement), 2) limited common elements assigned
for the exclusive use of a particular unit, or 3) conveyed by deed. The following parking and/or storage units convey with this
property:
Parking Space #(s)
is is not conveyed by deed. If conveyed by deed,
Lot Block and Tax ID# , Lot Block and Tax ID#
Storage Unit #(s)
is is not conveyed by deed. If conveyed by deed,
Lot Block and Tax ID# , Lot Block and Tax ID#
6. MANAGEMENT AGENT OR AUTHORIZED PERSON: The management agent or person authorized by the HOA to
provide information to the public regarding the HOA and the Development is as follows:
Name: Phone:
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Address:
[OR] No agent or officer is presently authorized by the HOA to provide to the public information regarding the HOA and the
Development. If none, please initial here __________/__________
7. SELLER’S KNOWLEDGE OF UNSATISFIED JUDGMENTS OR LAWSUITS: The Seller has no actual knowledge
of any unsatisfied judgments, or pending lawsuits against the Homeowners Association, except as noted:
8. SELLER’S KNOWLEDGE OF PENDING CLAIMS, COVENANT VIOLATIONS OR DEFAULT: The Seller has
no actual knowledge of any pending claims, covenant violations, actions or notices of default against the Lot, except as noted:
9. NOTICE TO SELLER REGARDING OBLIGATIONS TO NOTIFY THE HOA: WITHIN THIRTY (30)
CALENDAR DAYS OF ANY RESALE TRANSFER OF A LOT WITHIN A DEVELOPMENT, THE TRANSFEROR [SELLER]
SHALL NOTIFY THE HOMEOWNERS ASSOCIATION FOR THE PRIMARY DEVELOPMENT OF THE TRANSFER. THE
NOTIFICATION SHALL INCLUDE, TO THE EXTENT REASONABLY AVAILABLE, THE NAME AND ADDRESS OF THE
TRANSFEROR [SELLER], THE DATE OF TRANSFER, THE NAME AND ADDRESS OF ANY MORTGAGEE, AND THE
PROPORTIONATE AMOUNT OF ANY OUTSTANDING HOMEOWNERS ASSOCIATION FEE OR ASSESSMENT
ASSUMED BY EACH OF THE PARTIES TO THE TRANSACTION.
10. NOTICE OF PURCHASER’S RIGHT TO RECEIVE DOCUMENTS PURSUANT TO THE MARYLAND
HOMEOWNERS ASSOCIATION ACT (HOA DOCUMENTS):
THIS SALE IS SUBJECT TO THE REQUIREMENTS OF THE MARYLAND HOMEOWNERS ASSOCIATION ACT (THE
“ACT”). THE ACT REQUIRES THAT THE SELLER DISCLOSE TO YOU AT OR BEFORE THE TIME THE CONTRACT IS
ENTERED INTO, OR WITHIN 20 CALENDAR DAYS OF ENTERING INTO THE CONTRACT, CERTAIN INFORMATION
CONCERNING THE DEVELOPMENT IN WHICH THE LOT YOU ARE PURCHASING IS LOCATED. THE CONTENT OF
THE INFORMATION TO BE DISCLOSED IS SET FORTH IN § 11B-106(B) OF THE ACT (THE “MHAA INFORMATION”)
AS FOLLOWS:
§11B-106(B) THE VENDOR SHALL PROVIDE THE PURCHASER THE FOLLOWING INFORMATION IN
WRITING:
(1) A STATEMENT AS TO WHETHER THE LOT IS LOCATED WITHIN A DEVELOPMENT;
(2) (I) THE CURRENT MONTHLY FEES OR ASSESSMENTS IMPOSED BY THE HOMEOWNERS
ASSOCIATION UPON THE LOT;
(II) THE TOTAL AMOUNT OF FEES, ASSESSMENTS, AND OTHER CHARGES IMPOSED BY THE
HOMEOWNERS ASSOCIATION UPON THE LOT DURING THE PRIOR FISCAL YEAR OF THE HOMEOWNERS
ASSOCIATION; AND
(III) A STATEMENT OF WHETHER ANY OF THE FEES, ASSESSMENTS, OR OTHER CHARGES
AGAINST THE LOT ARE DELINQUENT;
(3) THE NAME ADDRESS AND TELEPHONE NUMBER OF THE MANAGEMENT AGENT OF THE
HOMEOWNERS ASSOCIATION, OR OTHER OFFICER OR AGENT AUTHORIZED BY THE HOMEOWNERS
ASSOCIATION TO PROVIDE TO MEMBERS OF THE PUBLIC, INFORMATION REGARDING THE HOMEOWNERS
ASSOCIATION AND THE DEVELOPMENT, OR A STATEMENT THAT NO AGENT OR OFFICER IS PRESENTLY SO
AUTHORIZED BY THE HOMEOWNERS ASSOCIATION;
(4) A STATEMENT AS TO WHETHER THE OWNER HAS ACTUAL KNOWLEDGE OF:
(I) THE EXISTENCE OF ANY UNSATISFIED JUDGMENTS OR PENDING LAWSUITS AGAINST
THE HOMEOWNERS ASSOCIATION; AND
(II) ANY PENDING CLAIMS, COVENANT VIOLATIONS, ACTIONS, OR NOTICES OF DEFAULT
AGAINST THE LOT; AND
(5) A COPY OF:
(I) THE ARTICLES OF INCORPORATION, THE DECLARATION, AND ALL RECORDED
COVENANTS
AND RESTRICTIONS OF THE PRIMARY DEVELOPMENT, AND OF OTHER RELATED
DEVELOPMENTS
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TO THE EXTENT REASONABLY AVAILABLE, TO WHICH THE PURCHASER SHALL BECOME OBLIGATED ON
BECOMING AN OWNER OF THE LOT, INCLUDING A STATEMENT THAT THESE OBLIGATIONS ARE ENFORCEABLE
AGAINST AN OWNER’S TENANTS, IF APPLICABLE; AND
(II) THE BYLAWS AND RULES OF THE PRIMARY DEVELOPMENT, AND OF OTHER RELATED
DEVELOPMENTS TO THE EXTENT REASONABLY AVAILABLE, TO WHICH THE PURCHASER SHALL BECOME
OBLIGATED ON BECOMING AN OWNER OF THE LOT, INCLUDING A STATEMENT THAT THESE OBLIGATIONS ARE
ENFORCEABLE AGAINST AN OWNER AND THE OWNER’S TENANTS, IF APPLICABLE.
IF YOU HAVE NOT RECEIVED ALL OF THE MHAA INFORMATION FIVE (5) CALENDAR DAYS OR MORE
BEFORE ENTERING INTO THE CONTRACT, YOU HAVE FIVE (5) CALENDAR DAYS TO CANCEL THIS
CONTRACT AFTER RECEIVING ALL OF THE MHAA INFORMATION. YOU MUST CANCEL THE CONTRACT IN
WRITING, BUT YOU DO NOT HAVE TO STATE A REASON.
THE SELLER MUST ALSO PROVIDE YOU WITH NOTICE OF ANY CHANGES IN MANDATORY FEES EXCEEDING 10%
OF THE AMOUNT PREVIOUSLY STATED TO EXIST AND COPIES OF ANY OTHER SUBSTANTIAL AND MATERIAL
AMENDMENT TO THE INFORMATION PROVIDED TO YOU. YOU HAVE THREE (3) CALENDAR DAYS TO CANCEL
THIS CONTRACT AFTER RECEIVING NOTICE OF ANY CHANGES IN MANDATORY FEES, OR COPIES OF ANY OTHER
SUBSTANTIAL AND MATERIAL AMENDMENT TO THE MHAA INFORMATION WHICH ADVERSELY AFFECTS YOU.
IF YOU DO CANCEL THE CONTRACT YOU WILL BE ENTITLED TO A REFUND OF ANY DEPOSIT YOU MADE ON
ACCOUNT OF THE CONTRACT. HOWEVER, UNLESS YOU RETURN THE MHAA INFORMATION TO THE SELLER
WHEN YOU CANCEL THE CONTRACT, THE SELLER MAY KEEP OUT OF YOUR DEPOSIT THE COST OF
REPRODUCING THE MHAA INFORMATION, OR 100, WHICHEVER AMOUNT IS LESS.
BY PURCHASING A LOT WITHIN THIS DEVELOPMENT, YOU WILL AUTOMATICALLY BE SUBJECT TO VARIOUS
RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, INCLUDING THE OBLIGATION TO PAY CERTAIN ASSESSMENTS
TO THE HOMEOWNERS ASSOCIATION WITHIN THE DEVELOPMENT. THE LOT YOU ARE PURCHASING MAY HAVE
RESTRICTIONS ON:
(1) ARCHITECTURAL CHANGES, DESIGN, COLOR, LANDSCAPING, OR APPEARANCE;
(2) OCCUPANCY DENSITY;
(3) KIND, NUMBER, OR USE OF VEHICLES;
(4) RENTING, LEASING, MORTGAGING, OR CONVEYING PROPERTY;
(5) COMMERCIAL ACTIVITY; OR
(6) OTHER MATTERS.
YOU SHOULD REVIEW THE MHAA INFORMATION CAREFULLY TO ASCERTAIN YOUR RIGHTS, RESPONSIBILITIES,
AND OBLIGATIONS WITHIN THE DEVELOPMENT.
SELLER:
______________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
PURCHASER:
___________________________ Date: _________
Print Name
____________________________ Date: _________
Print Name
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Addendum #4
PART II - RESALE ADDENDUM
The Contract of Sale dated , between
Seller and
Purchaser is
hereby amended by the incorporation of Parts I and II herein, which shall supersede any provisions to the contrary in the Contract.
1. DEED AND TITLE/TITLE: Paragraph ___ is amended to include the agreement of the Purchaser to take title subject to
commonly acceptable easements, covenants, conditions and restrictions of record contained in HOA instruments, and the right of
other owners in the Common Elements of the HOA and the operation of the HOA.
2. PAYMENT OF FEES AND ASSESSMENTS: Purchaser agrees to pay such Fees and/or other special assessments as the
Board of Directors or Association of the HOA may from time to time assess against the unit, parking space and storage unit (as
applicable) for the payment of operating and maintenance or other proper charges. Regarding any existing or levied but not yet
collected special assessments: The
Seller agrees to pay OR Purchaser agrees to assume at the time of settlement any special
assessments as disclosed in the Current Fees and Assessments paragraph of part 1 of this Addendum.
3. ASSUMPTION OF HOA OBLIGATIONS: Purchaser hereby agrees to assume each and every obligation of, to be bound
by and to comply with the covenants and conditions contained in the HOA instruments and with the Rules and Regulations and
covenants and restrictions of the HOA, from and after the date of settlement hereunder.
4. RIGHT TO CANCEL: Purchaser shall have the right for a period of five (5) days following Purchaser’s receipt of
the HOA documents and statements referred to in Paragraph 10 of Part 1 of this Addendum, to cancel this Contract by giving
Notice thereof to Seller. In the event that such HOA documents and statements are delivered to Purchaser on or prior to the
ratification of this Contract by Purchaser, such five (5) day period shall commence upon ratification of this Contract. If the
HOA documents and statements are not delivered to Purchaser within the 20 day time period referred to in the HOA
Documents Paragraph (paragraph 10 of Part 1 of this Addendum), Purchaser shall have the option to cancel this Contract
by giving Notice thereof to Seller prior to receipt by Purchaser of such HOA documents and statements. Pursuant to the
provisions of this paragraph, in no event may the Purchaser have the right to cancel this Contract after Settlement.
SELLER:
______________, a ____________________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
Purchaser Date
Purchaser
Date
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Addendum #5
NOTE: ATTACH ONE OF THE FOLLOWING COUNTY-SPECIFIC ADDENDA AS APPROPRIATE
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Addenda #5
HOWARD COUNTY
MASTER PLAN. Seller hereby notifies Purchaser of Purchaser's rights to examine the Howard County general plan
and zoning maps. Purchaser understands that in order to be become fully informed of current and future roadway
improvements and land use plans affecting the property or area, the Purchaser should consult the appropriate county
agency for information regarding the plans. Purchaser may contact the Howard County Department of Planning and
Zoning, 3430 Courthouse Drive, Ellicott City, Maryland 21043.
Purchaser hereby acknowledges receipt of this notice.
Purchaser's Signature______________________________
Purchaser's Signature________________________
Date: ________________________
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Addenda #5
MONTGOMERY COUNTY
MASTER PLAN. Seller hereby notifies Purchaser of Purchaser's rights to examine the Montgomery County general plan and zoning
maps and any municipal land use plan for the area in which the property is located and any adopted amendment to such a plan.
Purchaser understands that in order to be become fully informed of current and future land uses, roads and highways, parks and other
public facilities affecting the property or the area contained in the plan, the Purchaser should consult the appropriate county agency
for information regarding the plans. Purchaser may contact the Montgomery County Planning Department, 8787 Georgia Ave., Silver
Spring, MD 20910.
Purchaser hereby acknowledges that (1) The seller has offered the Purchaser the opportunity to review the applicable master
plan and municipal land use plan and any adopted amendment; (2) The seller has informed the Purchaser that amendments
affecting the plan may be pending before the planning board or the county council or a municipal planning body; (3) (A) The
Purchaser has reviewed each plan and adopted amendment; or (B) The Purchaser has waived the right to review each plan
and adopted amendment; and (4) The Purchaser understands that, to stay informed of future changes in county and
municipal land use plans, the Purchaser should consult the planning board and the appropriate municipal planning body.
Purchaser's Signature____________________________________
Purchaser's Signature____________________________________
The Property (Seller initial) is __________ /is not __________ located in the City of Rockville.
CITY OF ROCKVILLE LAND USE PLAN. Seller hereby notifies Purchaser of Purchaser's rights to examine the City of Rockville
Approved and Adopted Land Use Plan Map portion of the plan for the City of Rockville and all amendments to the Map. Purchaser
understands that in order to be become fully informed of current and future roadway improvements and land use plans affecting the
property or area, the Purchaser should consult the appropriate county agency for information regarding the plans. Purchaser may
contact the City of Rockville Planning Commission at Rockville City Hall, 111 Maryland Avenue, Rockville, MD 20850.
Purchaser hereby acknowledges receipt of this notice. Purchaser acknowledged that Purchaser has been afforded an
opportunity to review the Land Use Plan Map.
Purchaser's Signature____________________________________
Purchaser's Signature____________________________________
DISCLOSURE OF AVAILABILITY OF WATER AND SEWER SERVICE: To the extent Seller knows, Seller hereby notifies
Purchaser: (1) the property (Seller initial) is __________ /is not __________ connected to, or has been approved for connection to,
a public water and sewer system; (2) if the property (Seller initial) is __________ /is not __________ connected to a public water
and sewer system: (A) the source, if any, of potable water for the property
is______________________________________________________________; and (B) an individual sewage disposal system
(Seller initial) has __________ /has not __________ been constructed on the property or (circle one) approved or disapproved for
construction; and (3) (A) the water and sewer service area category or categories that currently apply to the property are ___________,
and the category affects the availability of water and sewer service in the following way
______________________________________________________; (B) there (Seller initial) are ______ /are not ______
recommendations in the applicable master plan regarding water and sewer service to the property; and (C) there (Seller initial) are
______ /are not ______ pending water and sewer comprehensive plan amendments or service area category changes that would
apply to the property.
Purchaser hereby acknowledges that: (1) The seller has provided the information required above, or the seller has informed
the Purchaser that the seller does not know the information regarding water and sewer service above; and (2) The Purchaser
understands that, to stay informed of future changes in County and municipal water and sewer plans, the Purchaser should
consult the County Planning Board, the Washington Suburban Sanitary Commission, the County Department of
Environmental Protection, or any appropriate municipal planning or water and sewer body.
Purchaser's Signature____________________________________
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Purchaser's Signature____________________________________
DISCLOSURE OF AIRPORT OR HELIPORT: Seller hereby notified there (Seller initial) is __________ /is not __________ an
airport or heliport as defined in the county zoning ordinance, existing within five-mile radius of property, located
___________________________________________________________________________________________________relative to
the property.
DISCLOSURE OF COSTS ATTRIBUTABLE TO TRANSPORTATION RELATED FACILITIES: Seller herewith informs
Purchaser of the existence of deferred charges attributable to transportation-related facilities for which Purchaser assumes liability in
the estimated amount of $________ dollars.
NOTICE OF SPECIAL ASSESSMENTS/SPECIAL TAX
(COMPLETE IF APPLICABLE) Each year the Purchaser of the Unit may pay a special assessment or special tax imposed under
Chapter 14 of the Montgomery County Code. As of the Date of Ratification, the special assessment or special tax on the Unit amounts
to $_________________(dollar amount in Arabic numbers) each year. As of _____________________________ (date of each
scheduled increase), the assessment or tax is scheduled to increase to _______________________ (amount after each scheduled
increase). For further information on this assessment or tax, the Purchaser can contact the County Department of Finance at (301) 217-
2920.
(CHECK IF APPLICABLE): An increase in the foregoing special assessment or special tax is likely to occur in the foreseeable future
but the timing or amount of the increase is not certain as of the Date of Ratification.
DISCLOSURE OF LOCATION IN SPECIAL PROTECTION AREA: Seller hereby notifies Purchaser that the Property (Seller
initial) is __________ /is not __________ located in an area designated as a Special Protection Area under Section 19-62 due to the
existence of (1) existing water resources, or other environmental features directly relating to those water resources, are of high quality
or unusually sensitive; or (2) proposed land uses would threaten the quality or preservation of those resources or features in the
absence of special water quality protection measures which are closely coordinated with appropriate land use controls.
Purchaser hereby acknowledges that (1) the seller has provided the information required above; and (2) the Purchaser
understands that special water quality measures and certain restrictions on land uses and impervious surfaces may apply to
this property.
Purchaser's Signature____________________________________
Purchaser's Signature____________________________________
HISTORIC PROPERTY NOTICE: Seller hereby discloses to Purchaser that the Property (Seller initial) has __________ /has not
__________ been designated as a historic site in the master plan for historic preservation; is located in an area designated as a historic
district in that plan; or is listed as a historic resource on the County locational atlas of historic sites.
Purchaser hereby acknowledges that (1) the seller has provided the information required above; and (2) the Purchaser
understands that special restrictions on land uses and physical changes may apply to this property, and the Purchaser may
obtain more information about these restrictions from the staff of the County Historic Preservation Commission.
Purchaser's Signature____________________________________
Purchaser's Signature____________________________________
REAL PROPERTY SOLD IN AGRICULTURAL ZONES. As required under Montgomery County Code § 40-12B, you are
hereby notified that the state of Maryland and Montgomery County have enacted laws that establish agriculture as the preferred use
on land zoned Rural Density Transfer and as a permitted use in other agricultural zones, as defined in Section 59-C-9.1 of the County
Code. The property subject to this contract is located in, adjoins, or confronts an area zoned agricultural. Residents and other
occupants of property near land in agricultural zones should be prepared to accept effects of usual and customary agricultural
operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of
manure, unusual hours of operation, and other agricultural activities. Under Maryland law, an agricultural operation is not a nuisance,
and a lawsuit may not be successful alleging that an agri
cultural operation interferes with the use or enjoyment of other property, if
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the agricultural operation: (1) has continued for at least 1 year; (2) complies with applicable health, environmental, zoning, and permit
requirements; and (3) is not conducted negligently.
County law may provide additional protections for agricultural uses on agricultural-zoned land. For further information, contact the
Montgomery County Department of Economic Development."
Purchaser hereby acknowledges that (1) the seller has provided the information required by above; and (2) the Purchaser
understands that (A) adjacent property may be the source of agricultural-related nuisances; and (B) the Purchaser may
obtain more information about these nuisances from the County Department of Economic Development.
Purchaser's Signature____________________________________
Purchaser's Signature____________________________________
Date: ______________________
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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Addenda #5
FREDERICK COUNTY
THIS FORM OF NOTICE IS REQUIRED BY LAW AFTER OCTOBER 1, 2013 NOTICE OF SPECIAL ASSESSMENTS
OR TAXES, FEES, OR CHARGES: The Property (Seller initial) is __________ /is not __________ subject to a tax or fee
of a special taxing district as authorized in Article 23A, § 44A(b) of the Code or by a community development authority as
authorized in § 2-7-125(b) of the Public Local Laws of Frederick County. This sale is subject to a tax or fee of a (special
taxing district or community development authority) ___________________________________. State law requires that
the seller disclose to you at or before the time the contract is entered into, or within 20 calendar days after entering into
the contract, certain information concerning the property you are purchasing. The content of the information to be
disclosed is set forth in § 10-704 of the Real Property Article of the Maryland Annotated Code and includes the amount
of the current annual tax or fee of the (special taxing district or community development authority)
___________________________________ for the property, the number of years remaining for the tax or fee of the
(special taxing district or community development authority) ___________________________________, and a
statement of whether any tax or fee of the (special taxing district or community development authority)
___________________________________ against the property is delinquent. The amount of the current annual tax or
fee of the special taxing district or community development authority for the property is
$__________________________. The number of years remaining for the tax or fee of the special taxing district or
community development authority on the property is ___________. The tax or fee of the special taxing district or
community development authority against the property (Seller initial) is __________ /is not __________ delinquent.
RIGHT TO FARM NOTICE: THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN
THE COUNTY OF FREDERICK, STATE OF MARYLAND, DESCRIBED
AS_____________________________________________________. THIS STATEMENT IS A DISCLOSURE OF THE
EXISTENCE OF THE FREDERICK COUNTY RIGHT TO FARM ORDINANCE IN COMPLIANCE WITH FREDERICK
COUNTY ORDINANCE NO. _______ (THE FREDERICK COUNTY RIGHT TO FARM ORDINANCE). SELLER'S
INFORMATION THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE
REPRESENTATIONS OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT
INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE PURCHASER AND SELLER. FREDERICK COUNTY
ALLOWS AGRICULTURAL OPERATIONS (as defined in the Frederick County Right to Farm Ordinance) WITHIN THE
COUNTY. You may be subject to inconveniences or discomforts arising from such operations, including but not limited to
noise, odors, fumes, dust, flies, the operation of machinery of any kind during any 24-hour period (including aircraft), vibration,
the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, and
pesticides. Frederick County has determined that inconveniences or discomforts associated with such agricultural operations
shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in
accordance with generally accepted agricultural management practices. Frederick County has established a reconciliation
committee to assist in the resolution of disputes which might arise between persons in this County regarding whether
agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of
land or personal well being and whether those operations are being conducted in accordance with generally accepted
agricultural practices. If you have any question concerning this policy or the reconciliation committee, please contact the
Frederick County Planning Department for additional information.
SELLER:
______________, a ____________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
WE ACKNOWLEDGE RECEIPT OF A COPY OF
THIS STATEMENT:
PURCHASER:
___________________________ Date: _____
Print Name
____________________________Date: ______
Print Name
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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Addenda #5
CHARLES COUNTY
NOTICE: Under § 9-241 of the Environment Article of the Annotated Code of Maryland, the Department of the
Environment is required to maintain permanent records regarding every permit issued for the utilization of sewage
sludge, including the application of sewage sludge on farm land. A prospective Purchaser has the right to ascertain all
such information regarding the property being sold under this transaction.
This disclosure statement concerns the real property located in the County of Charles, State of Maryland, described
as:
This statement is a disclosure of the existence of the Charles County Right to Farm Ordinance in compliance with
Charles County Ordinance No. 00-60 (The Charles County Right to Farm Ordinance).
SELLER'S INFORMATION
The following are representations made by the seller and are not the representations of the agent(s), if any. This
information is a disclosure and is not intended to be part of any contract between the Purchaser and seller.
Charles County allows agricultural and forestry operations (as defined in the Charles County Right to Farm
Ordinance) within the county. You may be subject to inconveniences or discomforts arising from such operations,
including but not limited to noise, odors, fumes, dust, flies and other insects, the operation of machinery of any kind
(including aircraft) during any 24-hour period, vibration, the storage and disposal of manure and the application by
spraying or other means of dispersing chemical fertilizers and other soil amendments and pesticides, including but
not limited to herbicides. Charles County has determined that inconveniences or discomforts associated with such
agricultural and forestry operations shall not be considered to be an interference with reasonable use and enjoyment
of land, if such operations are conducted in accordance with generally accepted agricultural or forestry management
practices. Charles County has established a Reconciliation Committee to assist in the resolution of disputes which
might arise between persons in this county regarding whether agricultural or forestry operations conducted on
agricultural lands are causing an interference with the reasonable use and enjoyment of the land or personal well-
being and whether those operations are being conducted in accordance with generally accepted agricultural or forestry
practices. If you have any questions concerning this policy or the Reconciliation Committee, please contact the
Charles County Department of Planning and Growth Management for additional information.
SELLER:
______________, a ____________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
We acknowledge receipt of a copy of this statement:
Purchaser __________________________ Date:_________________________
Purchaser __________________________ Date:_________________________
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.
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Addenda #5
CALVERT COUNTY
THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY LOCATED IN THE COUNTY OF
CALVERT, STATE OF MARYLAND, DESCRIBED AS
THIS STATEMENT IS A DISCLOSURE OF THE EXISTENCE OF THE CALVERT COUNTY RIGHT TO FARM
ORDINANCE IN COMPLIANCE WITH CALVERT COUNTY ORDINANCE NO. ______ (The Calvert County Right to
Farm Ordinance).
SELLER'S INFORMATION
THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS
OF THE AGENT(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF
ANY CONTRACT BETWEEN THE PURCHASER AND SELLER.
CALVERT COUNTY ALLOWS AGRICULTURAL AND FORESTRY OPERATIONS (as defined in the Calvert County
Right to Farm Ordinance) WITHIN THE COUNTY. You may be subject to inconveniences or discomforts arising from such
operations, including but not limited to noise, odors, fumes, dust, flies, the operation of machinery of any kind during any
twenty- four-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or
otherwise of chemical fertilizers, soil amendments, and pesticides. Calvert County has determined that inconveniences or
discomforts associated with such agricultural and forestry operations shall not be considered to be an interference with
reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural or
forestry management practices. Calvert County has established a Reconciliation Committee to assist in the resolution of
disputes which might arise between persons in this county regarding whether agricultural or forestry operations conducted on
agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well-being and whether
those operations are being conducted in accordance with generally accepted agricultural or forestry practices. If you have any
questions concerning this policy or the Reconciliation Committee, please contact the Calvert County Planning Department for
additional information.
SELLER:
______________, a ____________________
By:
Printed Name:
Title: Authorized Agent
Date: _________________________
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT:
Purchaser ____________________________ Date:___________________________
Purchaser ____________________________ Date:___________________________
IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY
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