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Buyer Qualifications

Landlord hereby rents to Tenant(s) (hereinafter, “Tenant”) and Tenant hereby rents from Landlord the above-described Premises (the “Premises”), which is located in the manufactured housing community identified above (the “Community”), on the terms and conditions set forth below. 

1. Term – The term of this Rental Agreement shall begin on the Commencement Date set forth above and shall end on December 31 of the same year (the “Term”). If the ending date in the preceding period denotes less than a one (1) year term, the lesser period is intended to conform to a standard Community-wide anniversary date. Upon expiration of this Rental Agreement, tenancy shall be on a month-to-month basis on the same terms and conditions as set forth herein unless a new written Rental Agreement is executed as provided in A.R.S. § 33-1413. Any renewal or month-to-month tenancy shall be at the rental rate established by Landlord in a rent adjustment notice issued pursuant to applicable Arizona law. Landlord reserves the right to refuse renewal of this Rental Agreement and require Tenant to sign an updated Rental Agreement if Landlord wishes to change any terms set forth herein and enter into a new Rental Agreement with Tenant. 

2. Rent – Rents must be paid by check, cashier’s check, money order or via the online Tenant portal. Cash is not acceptable under any circumstance. In the event that any check from Tenant is returned NSF, Landlord may require payment by money order or cashier’s check only. Landlord reserves the right, upon thirty (30) days’ notice, to specify the form or location of payment, including but not limited to requiring Tenant to pay via an electronic portal, or canceling the allowance of payment by credit card, if so allowed. In the event of electronic payments to Landlord, Tenant agrees that Landlord or Landlord’s agents’ electronic records shall be conclusive evidence regarding the payment status, rejection, non-acceptance, or other failure of payment. All fees and charges hereunder and set forth anywhere in this Rental Agreement shall constitute additional rent, and all rents under this Rental Agreement, which shall be paid without deductions or offset, shall be paid as follows:

A. The base rent shall be Four Hundred Ninety-Five Dollars ($495.00) per month to which applicable Arizona Transaction Privilege Tax (TPT) will be applied. The TPT will be increased or decreased as the published rate changes periodically. Currently, the TPT on residential rent is 2%. 

B. Other fees and charges that the Tenant must pay each month are: i. NSF Payment Fee: $25.00 per returned payment. 

ii. Legal Notice Fee: $10.00 for any formal legal notice of material breach of Rental Agreement or the Verde Ranch Estates Rules and Regulations as currently drafted and as amended from time to time (“Community Rules and Regulations”), attached hereto as Exhibit A and made a part of this Rental Agreement (notice served on one tenant or to an occupant of responsible age shall be deemed notice to all tenants and occupants). 

C. This Community has a standard rent increase anniversary date of January 1 (the “Anniversary Date”). If this Rental Agreement is signed less than ninety (90) days before the Anniversary Date, then on the Anniversary Date, the base rent set forth in section 2(A) above shall increase by $_________________ per month, or by such lesser amount as applicable to the type of site under this Rental Agreement, as established in a Community-wide rental increase effective that date. 

D. Landlord may, at any time, increase rents to compensate Landlord for increases in Landlord’s costs of insurance, taxes, or utility rate increases, as provided in A.R.S. § 33-1413. 

E. In all instances, rent must be paid on the first (1st) day of each month at the Community Manager’s Office or the online Tenant portal without notice or demand and rent forwarded by mail shall not be deemed paid until it is received by the Community Manager (as defined in Section 16 below). In the event this Rental Agreement commences on a date other than the first day of the month, the rent for the partial month shall be prorated on a monthly basis (based upon a thirty (30) day month) for the fractional month during which the Rental Agreement commences and shall be payable at the execution of this Rental Agreement. Tenant shall pay, in addition to rent, all transaction privilege, sales, or similar taxes applicable to rent. If a drop-box is provided for after-hours payment, Tenant agrees that use of a drop-box is at the sole risk of the Tenant, and any payment placed in the after-hours drop-box is not deemed paid until it is received by the Community Manager. Landlord may designate another place for payment of rent, but such designation must be in writing and signed by Landlord. Any rent received after the due date and time will be considered delinquent and will be subject to charges hereinafter defined. DELINQUENT RENT MUST BE PAID NO LATER THAN FIVE (5) DAYS FROM THE DATE OF DELINQUENCY BY MONEY ORDER OR CERTIFIED FUNDS, IN FULL, INCLUDING ALL CHARGES DETAILED BELOW, PLUS ALL CHARGES ALLOWED BY LAW TO AVOID DEFAULT. Any rent or charges not paid become due and payable, as rent, on the subsequent periodic rental due date. Landlord may, at any time, require future rent and/or other sums due Landlord be paid by money order or certified funds. Tenant assumes the risk of loss for any payment not hand delivered to Landlord. 

F. The acceptance by Landlord of any late or partial payment shall not change the due date or the amount of any required payment in the future nor shall it relieve Tenant from any obligation to pay the balance of any rent and applicable late fees or charges on the next periodic rent due date. 

3. Late Charges – In addition to all other rights and remedies of Landlord, and without prejudice to Landlord’s right to terminate this Rental Agreement for non-payment of rent, Tenant shall pay to Landlord a late charge in the amount of fifty dollars ($50.00) for any rent not received within six (6) days after it is due. Separate late charges will accrue on each month’s rent that is late or unpaid. 

4. Use of Premises/Property Taxes/Improvements to Premises 

A. The Premises will be used solely as the site for the manufactured home described below (the “Manufactured Home”), which shall be used solely for residential purposes (and not for commercial or business purposes). No improper or unlawful use shall be made of the Premises or any part thereof, nor shall any nuisance be allowed thereon. Tenant shall promptly comply with any present and future laws, ordinances, orders, rules, regulations and requirements of all Federal, State, and Local governments, courts, departments, commissions or any other body or board exercising functions similar to those of the foregoing, and whether or not radical, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises and the improvements thereon, or any part thereof, or to the use or manner of use of the same or any part thereof.

Tenant may not build improvements on the Premises or put a different manufactured home on the Premises from that described in Section 4(B) below unless Landlord first agrees, in writing, and then solely in conformity with the Community Rules and Regulations and the Verde Ranch Estates Manufactured Home Sites Statements of Policy as currently drafted and as amended from time to time (“Community Statements of Policy”), attached hereto as Exhibit B and made a part of this Rental Agreement. Tenant may not allow the Premises or the Community to become encumbered by any mechanic’s, laborer’s, or materialmen’s liens. The Premises shall be occupied only by Tenant and the following named persons:

C. Tenant agrees to notify Landlord within ten (10) days of any changes in the above information, the release of any lien on the Manufactured Home, or the creation of a new lien on the Manufactured Home. Tenant agrees and warrants that the owner of record of the Manufactured Home will not be changed during the term of this Rental Agreement. Tenant agrees that Tenant will provide Landlord with a copy of the title to the Manufactured Home before entering into this Rental Agreement, and immediately upon Landlord’s request. Tenant further agrees that Tenant is responsible for ensuring that all personal property taxes on the Manufactured Home are paid in full; failure to pay personal property taxes on the Manufactured Home is a material breach of this Rental Agreement.

5. Improvements – Tenant must make any and all improvements to any Tenant-owned Manufactured Home or Tenant-owned appurtenances maintained on the Premises, until said Manufactured Home and appurtenances meet or surpass all standards set forth in the Community Rules and Regulations and Community Statements of Policy. Additionally, Tenant shall make repairs when necessary to maintain said Tenant-owned Manufactured Home at the standard set forth in the Community Rules and Regulations and Community Statements of Policy. Permanent improvements required by the Community Statements of Policy apply to sites on which Tenant is placing Tenant-owned Manufactured Homes or Tenant-owned appurtenances (the “Site”) and not to manufactured homes already in the Community at the time of creation of tenancy under this Rental Agreement.

6. Conduct – Tenant is fully responsible for the conduct of all members of Tenant’s household and for all guests and visitors of Tenant while in the Community. Tenant, Tenant’s occupants, guests, and visitors, must behave in a reasonable and respectful manner at all times in the Community towards all persons, including, but not limited to, other tenants, and Community employees, management, vendors, and staff. Offensive or inappropriate conduct towards anyone, and/or harassment of anyone, including but not limited to Community employees, management, vendors, and staff, will not be tolerated and is grounds for termination of tenancy. Tenant, Tenant’s occupants, guests, or visitors shall not interfere in the management or operation of the Community.

7. Ongoing Obligation to Meet Community Rental Criteria – Tenant and all occupants of the Premises have an ongoing obligation to meet the Community’s criminal background screening criteria. If Tenant or any occupant is convicted of any crime that would render them ineligible for residency or occupancy in the Community, whether or not the crime occurs in the Community, such conviction shall be deemed a material breach of this Rental Agreement. Appearance or listing of Tenant or any occupant’s name on any government sex offender registry shall be deemed a material and irreparable breach of this Rental Agreement. This obligation is in addition to any provisions set forth in any Crime Free Addendum to this Rental Agreement and in A.R.S. § 33-1476. No one may reside on the Premises without having met the Community’s rental criteria.

8. Manufactured Home, Premises, and Tree Maintenance – Tenant is responsible for maintaining the Premises and Manufactured Home in a neat and clean condition. Tenant shall maintain all trees and landscaping on the site, including but not limited to regularly trimming all trees and landscaping. However, Tenant shall not remove or damage any tree on the site without prior written permission from Community Manager. Landlord reserves the right to require Tenant to remove any trees, plants, shrubs, or other landscaping on the Premises if Landlord determines, in Landlord’s sole discretion, that such trees, plants, shrubs, or other items interfere with any improvements in the Community, including but not limited to utility lines, sidewalks, streets, driveways, or any concrete, asphalt, or foundation work, or pose a threat to any home. The Premises and Manufactured Home shall at all times comply with the Community Rules and Regulations and all applicable laws.

9. Utilities – Landlord shall not provide utility services to Tenant under this Rental Agreement. It is Tenant’s responsibility to arrange connection of all utility services and shall pay all costs and fees associated with the set-up and utility services to the Premises. Tenant shall establish utility services in Tenant’s own name and arrange to be billed for utility service directly from utility providers. 

Tenant must maintain utility service at all times without interruption. Tenant is responsible for the maintenance and repairs of all water, electrical, and sewage connections, and shall be responsible for any malfunction occurring between the point of connection and Tenant-owned Manufactured Home. The “point of connection” is defined as follows for each such utility: (i) for water: at Tenant’s side of the meter or at the underground stop and waste valve; (ii) for electric: from and including the meter box; and (iii) for sewage: from the Manufactured Home up to and including the connection point at the sewer outlet (if applicable). If any malfunction is reported with respect to any utility connection, Landlord reserves the right to inspect said malfunction. If said malfunction is found to be the responsibility of Tenant and Landlord is unable to contact Tenant with respect to same, or if Tenant refuses to repair the same, Landlord may (but shall not be obligated to) provide applicable notice to Tenant and bill Tenant for such repairs, and such amounts shall be treated as additional rent. 

The installation of any home or structure, and/or the pouring of any concrete, over utilities/utility lines is strictly prohibited. If it is determined at any time that any service lines, meters, or other utility connections or lines are located under Tenant’s Manufactured Home, carport, patio, appurtenances, landscaping, or any improvements or additions of any kind on the Premises, Tenant must remove any obstructions and provide access to such items, and must pay the cost of all such work. If such items must be moved, Landlord is not obligated to put them back or to pay any costs of re-installing them. Tenant is responsible for and bears the risk that Tenant’s Manufactured Home and appurtenances may be installed over utility lines. Landlord is not responsible for the restoration or repair of any items damaged or removed during any repair, replacement, or servicing of any utilities. 

10. Pets – No pets of any kind, or by whatever name they are called, are permitted on the Premises at any time, except by prior written consent of the Landlord. All pets that are approved by Landlord must be registered at the Community Office, with a limit of two (2) pets per Premises. A more comprehensive explanation of the rules and regulations regarding pets in the Community are provided in Section 21 of the Community Rules and Regulations, attached hereto at Exhibit A. For a pet to be approved, a separate pet approval agreement must be signed, and a deposit may be required. The keeping of a pet or allowing a pet in the Home (visiting), for any duration of time shall constitute a breach of this Rental Agreement and may result in the termination of this Rental Agreement and eviction of Tenant(s). Reasonable exceptions to pet restrictions will be made as necessary for assistive animals as needed to assist such persons that legally require the aid of assistive animals, and pet fees will not apply to them. 

11. Guests – If a guest stays more than thirty (30) days in any twelve-month period, that guest becomes a prospective tenant and unauthorized occupant, who must immediately vacate the Premises and the Community until the prospective tenant submits an application for residency as required by Landlord, is approved for residency by Landlord in writing, and a written rental agreement for tenancy or an agreement for occupancy is signed by Landlord and all other tenants on the Premises allowing the prospective tenant to become an authorized occupant or tenant. 

12. Lot Lines – There are no lot lines separating individual sites (a “Community Site”) within the Community. The configuration of each Community Site is designated by Community Management, and each Community Site shall remain under the direct control of Community management. Landlord reserves the right to adjust the dimensions of each Community Site and/or the Premises at any time for any reason that Landlord deems appropriate, in the Landlord’s sole discretion, including, but not limited, to compliance with code setback requirements, either for existing homes, or to accommodate homes being brought into the Community. The Community Site designated for Tenant’s use shall consist of a rough approximation of the Premises designated on a map of the Community maintained by Landlord from time to time. However, the Community Sites are not precisely legally described, and the Landlord shall not be liable for variances between the map and the actual Premises. Additionally, as the size of Manufactured Homes vary and setback requirements change, the approximate boundaries between Community Sites may be reasonably adjusted. Any adjustments made to the Premises shall not change the rental amount due under this Rental Agreement. 

13. Transfer – This Rental Agreement and/or possession of the Premises may not be assigned, sublet, or otherwise transferred without the prior written consent of Landlord, which consent may be withheld at Landlord’s sole discretion. 

14. Sale of the Manufactured Home – Any buyer of the Manufactured Home in the Community, under circumstances where the buyer desires that the Manufactured Home remain in the Community, shall be subject to the prior written approval by Landlord of the buyer as a tenant. To be eligible for such approval, the buyer must comply with Landlord’s pre-qualification procedures and standards, sign a new Manufactured Home Site Rental Agreement, and meet any other conditions and requirements set forth in the Community Rules and Regulations and Community Statements of Policy. Any buyer of the Manufactured Home in the Community shall begin a new tenancy (and does not assume Tenant’s tenancy), and Landlord has the right to set the rent in the buyer’s rental agreement as Landlord chooses in Landlord’s sole discretion. Tenant and Tenant’s buyer should visit the Community office to inquire regarding the then-current market rent rate in the Community. As an additional condition to approval, Landlord may require that any outstanding balance owed to Landlord be paid and may require upgrading of the Manufactured Home and/or the Premises to meet the standards contained in the Community Rules and Regulations in effect on the date of such proposed sale. If the provisions of this paragraph are not complied with, the Manufactured Home must be removed from the Community upon sale by Tenant or Tenant’s successor in interest. 

15. Default and Attorneys’ Fees – If either Tenant or Landlord fails to perform any obligation required under this Rental Agreement, including, but not limited to, the timely payment of rent, the non-defaulting party may exercise all rights and remedies against the defaulting party as shall be allowed by law and equity. In the event Landlord or Tenant commences litigation to construe or to enforce any provision of this Rental Agreement, to obtain possession of the Premises, or if such litigation is in any way related to this Rental Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs in addition to actual damages sustained and all amounts recoverable by law. This includes but is not limited to attorneys’ fees incurred in administrative hearings under A.R.S. §§ 41-4061, et seq. 

17. Insurance 

A. Tenant is responsible for insuring Tenant’s personal property, including but not limited to the Manufactured Home. Tenant must carry adequate property damage insurance known as “Special Form” or “All-Risk” insurance on the Manufactured Home and Premises and must also maintain reasonable general liability insurance. 

B. Before occupying the Premises, Tenant must provide Landlord with a Certificate of Insurance evidencing insurance pursuant to this Section 17 and naming as additional insured thereunder. Landlord, at its address as listed in this Rental Agreement, shall receive thirty (30) days’ advance written notice of cancellation from the insured under the insurance policy. 

C. If at any time the Manufactured Home is damaged or destroyed, Tenant remains obligated to pay rent for the Premises and any/all other fees and costs owed to Landlord under this Rental Agreement. Such obligation shall only cease if this Rental Agreement is properly terminated pursuant to the terms of this Rental Agreement and applicable law, and the Manufactured Home is removed from the Premises and the Premises is restored in compliance with this Rental Agreement, applicable Arizona law, and all Community Rules and Regulations. 

18. JURY TRIAL WAIVER  The parties hereby waive their respective rights to trial by jury in any action arising out of or related in any way to this Rental Agreement, including but not limited to eviction actions. 

19. Right of First Refusal – If during the term of this Rental Agreement or any extension thereof, the Tenant shall accept an offer to purchase Tenant’s Manufactured Home or if Tenant intends to enter into an agreement for the sale of the Manufactured Home, Tenant shall first give Landlord written notice setting forth the name, phone number, and address of the prospective buyer, the purchase price, and all of the terms and conditions of the proposed sale. Tenant shall attach a true and correct copy of the purchase offer to the required written notice. After delivery of such written notice, the Landlord shall have the right to purchase the Manufactured Home upon the same terms and conditions. This right of first refusal shall be exercised by certified mailing or personal delivery to Tenant within seventy-two (72) hours of receipt of the written notice. Should Landlord elect not to purchase the Manufactured Home on such terms and within said seventy-two (72) hours, the right of first refusal shall be deemed expired and Tenant may proceed to sell the property on the terms and conditions set forth in the notice to Landlord. This provision shall not apply to sales by Tenant to individuals who intend to keep the Manufactured Home on the Premises, who intend to reside therein for a period of twelve (12) months or more immediately following the sale of the Manufactured Home, and who make application to Landlord for approval, and are so approved, as Tenants. Tenant acknowledges and agrees that this right of first refusal is a material term of this Rental Agreement and that, in its absence, the rent provided for herein would be significantly higher. 

20. Access – Landlord reserves the right to access all portions of the Site at reasonable times for all legitimate purposes. Landlord has no right of access to Tenant’s Manufactured Home, however, in accordance with A.R.S. § 33-1453, Tenant agrees that Landlord or Landlord’s agents may enter Tenant’s Manufactured Home without prior notice in the event of an emergency where Landlord reasonably believes that it is necessary to do so in order to prevent or address a threat of damage or injury to life or property. 

21. Removal of Home From Community – As provided in A.R.S § 33-1485.01, Tenant shall not remove the Manufactured Home from the Community until a Clearance For Removal (as defined in the Community Rules and Regulations attached at Exhibit A) is received from Landlord. The Community Rules and Regulations set forth requirements pertaining to the condition of the Premises following removal of the Manufactured Home which must be complied with. 

22. Abandonment of Manufactured Home – The parties agree that Tenant’s Manufactured Home shall be deemed abandoned, as provided by law, if: (a) the Tenant is absent from the Manufactured Home without notice to the Landlord for at least thirty (30) days; (b) rent for the Premises is outstanding and unpaid for at least thirty (30) days; and (c) there is no reasonable evidence other than the presence of the Manufactured Home and the Tenant’s personal property that the Tenant is occupying the Manufactured Home. In that case, Tenant agrees that Landlord may enter the Manufactured Home to determine if it is occupied and to ensure there are no dangerous conditions therein. Tenant further agrees in such case that Landlord may notify the lienholder, if any, of the abandonment, and pursuant to A.R.S. §§ 33-1704, 33-1023, 33-1478, and/or any other applicable Arizona law, may seize the Manufactured Home and pursue a landlord lien, bonded title, or other remedy as necessary to dispose of the Manufactured Home. 

23. Community Rules and Regulations – Tenant agrees to abide by all provisions of the Community Rules and Regulations as currently written and as amended, including but not limited to special rules posted at the Community’s facilities. The Community Rules and Regulations are as binding upon Tenant as this Rental Agreement and are hereby incorporated as part of this Rental Agreement. By signing this Rental Agreement, Tenant acknowledges that Tenant has been furnished a copy of the Community Rules and Regulations, has read them, and understands them. 

24. Community Statements of Policy – Tenant agrees to abide by all provisions of the Community Statements of Policy as currently written and as amended from time to time. A copy of the current Community Statements of Policy is attached hereto and incorporated herein by this reference. 

25. Acceptance of Premises – Tenant affirms that Tenant has inspected the Premises and the Community, and Tenant acknowledges that the Premises and the Community are in a good state of repair, sanitary, in fit and habitable condition, and accepts the Premises and the Community “as is.” 

26. Waiver – Any failure of Landlord to require compliance or exercise any right pursuant to this Rental Agreement and the Community Rules and Regulations shall not be construed as a waiver by Landlord of any term of this Rental Agreement or of the Community Rules and Regulations, and shall not affect the validity or enforceability of any portion of this Rental Agreement or of the Community Rules and Regulations. Tenant will attorn to any purchaser of the property at a foreclosure sale or by deed or other proceeding in lieu of foreclosure and agrees that neither the holder of any Deed of Trust encumbering the property nor any purchaser at a foreclosure sale or by deed or any proceeding in lieu of foreclosure shall be responsible for any act, omission, or default by any prior landlord (including Landlord), the return of any security deposit, or the payment of any tenant allowance or other concession, be bound by any rent paid more than one month in advance, or be subject to any offset, defense, or counterclaim against any prior landlord (including the Landlord). 

27. Entire Agreement – This Rental Agreement supersedes any prior agreements, written or oral, with respect to the subject matter of this Rental Agreement. NO PERSON HAS BEEN AUTHORIZED TO MAKE ANY REPRESENTATIONS NOT CONTAINED IN THIS RENTAL AGREEMENT OR TO STRIKE OR AMEND THE PROVISIONS OF THIS RENTAL AGREEMENT IN ANY WAY. Any modifications to this Rental Agreement must be in writing and signed by all parties hereto. 

28. Severability. If any provision of this Rental Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Rental Agreement shall not be affected thereby, and each term and provision of this Rental Agreement shall be valid and enforceable to the fullest extent permitted by law. 

29. Execution – Tenant has ten (10) days from ____which corresponds with the date of Landlord’s tender of this partially executed Rental Agreement, to sign and return to Landlord both this Rental Agreement and the Acknowledgement of Receipt, attached hereto as Exhibit C and made a part of this Rental Agreement.