809 SE 61, LLC v. Julio Cesar Barron Retamoza

IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA 809 SE 61, LLC., vs. JULIO CESAR BARRON RETAMOZA; THE UNKNOWN SPOUSE, IF ANY, OF JULIO CESAR BARRON RETAMOZA; MARICELA ROMERO LOPEZ; THE UNKNOWN SPOUSE, IF ANY, OF MARICELA ROMERO LOPEZ; and THE UNKNOWN OCCUPANTS OR TENANTS, IF ANY, OF THE SUBJECT PROPERTY, Plaintiff, Defendants. FILED IN DISTRICT COURT OKLAHOMA COUNTY FEB 13 2026 RICK WARREN COURT CLERK Case No. CJ- 2026 - 1172 PETITION COMES NOW the Plaintiff, 809 SE 61, LLC (hereafter "Plaintiff"), and for its Petition against the Defendants herein, alleges and states as follows: JURISDICTION 1. Plaintiff is a domestic limited liability company duly licensed to conduct business in the State of Oklahoma. 2. The real property which is the subject matter of this action is located in OKLAHOMA COUNTY, Oklahoma. Jurisdiction and venue are properly vested in this Court. 3. Upon information and belief, Plaintiff verily believes and therefore alleges that none of the Defendants herein is in the military service. Accordingly, Plaintiff alleges that the provisions of the Servicemembers Civil Relief Act of 2003, 50 U.S.C.A. Appx. §501, et seq., as amended, are not applicable. 4. The Defendants JULIO CESAR BARRON RETAMOZA and MARICELA ROMERO LOPEZ, are hereby advised, in accordance with the Fair Debt Collection Practices Act, Title 15 U.S.C.A., §1692g, that unless a person or entity responsible for the payment of the above debt, within thirty-five (35) days after receipt of this notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid; and if said person or entity notifies the undersigned attorney for Plaintiff in writing within said thirty (35) day period that the debt, or any portion thereof, is disputed, said attorney will obtain verification of the debt and a copy of such verification will be mailed to said person or entity by the undersigned attorney for Plaintiff; and upon written request by you within the thirty (30) day period, the undersigned attorney for Plaintiff will provide the name and address of the original creditor, if different from the current creditor. SAID DEFENDANT IS FURTHER ADVISED THAT PLAINTIFF AND PLAINTIFF'S COUNSEL ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FIRST CAUSE OF ACTION COMES NOW Plaintiff, and for its First Cause of Action against JULIO CESAR BARRON RETAMOZA and MARICELA ROMERO LOPEZ, ("Defendants Retamoza and Lopez"), alleges and states as follows: 5. To the extent relevant, Plaintiff realleges and incorporates by reference the statements and allegations contained above, the same as if set forth fully herein. 6. That on or about the 1st day of November, 2016, Defendants Retamoza and Lopez, for good and valuable consideration, made, executed and delivered to Plaintiff a certain Residential Lease Agreement with Option to Purchase and Tenant Savings Account ("Agreement"), whereby Defendants Retamoza and Lopez promised to pay to the holder thereof the sum of $47,404.20, at the time of exercising the option to purchase. A copy of said Agreement is attached hereto as Exhibit “1” and incorporated by reference. 7. Defendants Retamoza and Lopez have failed to make payments required under the terms of the Agreement, and have not exercised the purchase option, which Plaintiff elects to treat as if it were an equitable mortgage lien on the premises. Plaintiff is entitled to enforce its rights under the Agreement, and to foreclose the equitable interest of Defendants Retamoza and Lopez. 8. That default has been made upon the Agreement described above in that Defendants Retamoza and Lopez have failed to pay or otherwise remit certain installment payments as they have become due and owing despite demand duly made. The last payment received by Plaintiff from Defendants Retamoza and Lopez on the Agreement was in August, 2025. Plaintiff, who is the owner and holder of said Agreement, has elected to declare and does declare the entire principal amount, together with interest thereon, to be now due and payable. 9. That as of January 10, 2026, there was and is due and owing to Plaintiff on said Agreement the Principal Balance of $56,450.00, with interest accrued and accruing thereafter on the unpaid balance at the contract rate until paid in full, plus abstracting expenses, late fees accrued and accruing, and all necessary costs and expenses, and a reasonable attorney's fee as provided in said Contract. WHEREFORE, for its First Cause of Action, Plaintiff prays that it have judgment all as set forth hereafter in its combined prayer. SECOND CAUSE OF ACTION COMES NOW Plaintiff, and for its Second Cause of Action against all Defendants herein, alleges and states as follows: 10. To the extent relevant, Plaintiff realleges and incorporates by reference the statements and allegations contained above, the same as if set forth fully herein. 11. The Agreement referred to above operates as an equitable mortgage lien to secure the payment of the said Agreement, and any renewals and the indebtedness represented thereby. Defendants Retamoza and Lopez made, executed and delivered said Agreement covering the following described real property, to-wit: Lot NINE (9), in Block THREE (3), in CLOVER LEAF MANOR NO. 2, SECTION 3, in Oklahoma City, Oklahoma County, Oklahoma according to the recorded plat thereof (the “Property”), with all the improvements thereon and the appurtenances thereunto appertaining or belonging. Said Agreement, attached as Exhibit “A”, has been previously incorporated by reference herein. 12. That Plaintiff is the owner and holder of the original Agreement, and has standing to bring this action. 13. The Agreement referred to above provides that, in case of default, Defendants Retamoza and Lopez will pay all necessary costs, expenses and a reasonable attorney's fee, and that the same shall be a further charge and lien upon the said premises. 14. Plaintiff, as holder, will elect to sell the property either with or without appraisement at the time judgment is rendered herein. 15. The Agreement further provides that, should it be necessary to make any advancements to preserve the collateral of Plaintiff, said advancements shall be a further charge and lien upon said premises, with interest thereon at the Agreement rate from date of advancement until paid. 16. The Agreement referred to above provides that upon default in the performance of the terms and conditions of said Contract, that the holder thereof shall be entitled to enforce said Agreement and recover the unpaid amount of principal of the Agreement secured thereby, the unpaid finance charge thereon and all expenditures of the holder made thereunder, with interest thereon, and to have said premises sold and the proceeds applied to the payment of the indebtedness secured thereby, together with all necessary legal expenses and costs. 17. The Agreement described above further provides that it secures the payment of all indebtedness of maker to holder, then existing or thereafter created, and any renewals and extensions thereof. 18. That the following Defendants may be claiming some right, title, interest, estate, equity or right of redemption in and to the real property hereinbefore described, the nature of which is to Plaintiff unknown except as hereinafter stated: a. Defendant JULIO CESAR BARRON RETAMOZA may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, or right of occupancy, as the record equitable title owner of the property and as the maker on the subject Agreement; and, b. Defendant MARICELA ROMERO LOPEZ may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, or right of occupancy, as the record equitable title owner of the property and as the maker on the subject Agreement; and d. Defendants Unknown Spouses of Defendants Retamoza and Lopez may claim some right, title, interest, estate, equity or right of redemption in and to the subject property, or right of occupancy, by virtue of marital interest, or otherwise; and e. Defendants The Unknown Occupants or Tenants, if any, of the subject property, are named as defendants herein by virtue of any occupancy or right of occupancy which they may have or claim in and to the subject premises, whether as lessees/tenants or otherwise. Plaintiff further alleges that all claims of right, title, interest, estate, equity, right of redemption, liens, mortgages or otherwise of all Defendants herein are junior and inferior to Plaintiff's lien, and that Plaintiff is entitled to an Order of this Court foreclosing its lien against the above-described property. WHEREFORE, for its Second Cause of Action, Plaintiff prays that it have judgment, all as set forth hereafter in its combined prayer. COMBINED PRAYER For its combined prayer, Plaintiff prays that it be awarded judgment and relief as follows: A. That Plaintiff have judgment in personam against JULIO CESAR BARRON RETAMOZA and MARICELA ROMERO LOPEZ in the amount of $56,450.00, with interest accrued and accruing thereafter on the unpaid balance at the contract rate until paid in full, plus abstracting expenses, late fees accrued and accruing, and all necessary costs and expenses, and a reasonable attorney's fee, all as set forth in Plaintiff's First Cause of Action; and B. That Plaintiff have judgment in rem as against all Defendants herein, quieting Plaintiff's right, title and interest in and to the property and establishing Plaintiff as the owner and holder of the subject Agreement, superior to any right in said property of all Defendants herein; that each Defendant be required to establish his, her or its interest in said property; that the subject property be foreclosed with or without appraisement, as Plaintiff may elect at the time judgment is rendered; that the property be sold by the Sheriff, and the proceeds from said sale be first applied to the costs accrued and accruing herein, with the balance of the sale proceeds being applied to Plaintiff's claim in the amounts set forth above, all as set forth in Plaintiff's Second Cause of Action; C. That Plaintiff be awarded all of its costs, accrued and accruing, abstract expenses, costs of protecting the subject property and reasonable attorney fees as provided in the subject Agreement, and that such costs and attorney fees be adjudged to be a part and parcel of Plaintiff's judgment as prayed for above, thereby determining such costs and attorney fees to be a superior lien and judgment as to the claims of any of the Defendants herein; D. That Plaintiff be awarded any and all other relief this Honorable Court deems just and proper. Respectfully submitted, [Signature] Gary L. Giessmann, OBA #11318 William B. McAntire, OBA #36201 NASH, COHENOUR & GIESSMANN, P.C. 4101 Perimeter Center Dr., Suite 200 Oklahoma City, OK 73112 (405) 917-5000 (Telephone) (405) 917-5005 (Facsimile) Email: [email protected] Email: [email protected] Attorneys for Plaintiff, TRIPLE NET RESIDENTIAL LEASE AGREEMENT WITH OPTION TO PURCHASE AND TENANT SAVINGS ACCOUNT BETWEEN 809 SE 61, LLC "LANDLORD" AND JULIO CESAR BARRON RETAMOZA, MARICELA ROMERO LOPEZ "TENANT" FOR THE PROPERTY LOCATED AT 809 SE 61st Street Oklahoma City, Oklahoma 73149 PREPARED BY Dean Lemons & Juan Burciaga DISCLOSURES: Contemporaneous with the delivery of this Agreement, Landlord has delivered to Tenant the following documents or attachments, (check box as applicable): ☑ Disclosure of Brokerage Duties, Responsibilities, and Services ☐ Renter's Insurance Disclaimer ☑ Lead Based Paint Addendum ☑ Lead Paint Pamphlet ESTIMATED SCHEDULE: The following is an estimated schedule setting forth the expected monthly expenses relating to the leasing and the purchase of the below described Property. The following figures and calculations are for informational purposes only and may adjust as provided for in this Agreement: <table> <tr> <th>PROPERTY INFORMATION</th> <th></th> </tr> <tr> <td>Address</td> <td>809 SE 61^st, Oklahoma City, Oklahoma</td> </tr> <tr> <td>Expected Move-In Date</td> <td>November 1, 2016</td> </tr> <tr> <td>Deposit:</td> <td>$ NA</td> </tr> <tr> <td>First Payment:</td> <td>December 1, 2016</td> </tr> <tr> <th colspan="2">5 YEAR LEASE WITH OPTION TO PURCHASE</th> </tr> <tr> <td>Option Payment</td> <td>$10,000.00 - Credit on 10-31-16</td> </tr> <tr> <td>Purchase Price After 60 Months Lease Payments</td> <td>$56,450.00</td> </tr> <tr> <td>Monthly Payment Information</td> <td> Base Rent (Monthly) $790.07<br> Real Property Taxes (Monthly Average) $41.17<br> Insurance Premiums (Monthly Average) $37.20<br> Homeowner Association Fees $<br> Tenant Savings Plan $ To be initiated at a later date at Tenants option </td> </tr> <tr> <th>TOTAL MONTHLY PAYMENT</th> <th>$868.44</th> </tr> <tr> <th colspan="2">15 YEAR LEASE WITH OPTION TO PURCHASE</th> </tr> <tr> <td>Option Payment</td> <td>$ NA</td> </tr> <tr> <td>Purchase Price</td> <td>$</td> </tr> <tr> <td>Monthly Payment Information</td> <td> Base Rent (Monthly) $<br> Real Property Taxes (Monthly Average) $<br> Insurance Premiums (Monthly Average) $<br> Homeowner Association Fees $<br> Tenant Savings Plan $ </td> </tr> <tr> <th>TOTAL MONTHLY PAYMENT</th> <th>$</th> </tr> </table> THIS TRIPLE NET RESIDENTIAL LEASE AGREEMENT WITH OPTION TO PURCHASE AND TENANT SAVINGS ACCOUNT ("Agreement"), is made and entered into this 1st day of November, 2016, by and between 809 SE 61, LLC ("Landlord"), whose address is 1415 W. Wynona Ave, Enid, Oklahoma 71703 and Julio Cesar Barron Retamoza & Maricela Romero Lopez ("Tenant") whether one or more), whose address is 3224 SW 37th, Oklahoma City, Oklahoma 73119 RECITALS WHEREAS, Landlord desires to lease to Tenant certain real property that has a commonly known address of 809 SE 61st, Oklahoma City, Oklahoma, hereafter the "Property"; and WHEREAS, Tenant requests Landlord’s assistance in saving the funds necessary to purchase the Property, assuming Tenant elects to purchase the Property, by Tenant participating in the Tenant Savings Account program, ("TSA") as defined below; and, WHEREAS, Tenant has requested that Landlord give Tenant an option to purchase the Property at a fixed Purchase Price, regardless of any increase in the fair market value of the Property, in consideration of Tenant agreeing to participate in the TSA; and, WHEREAS, Landlord has agreed to lease the Property to Tenant at a fair market rental rate because Tenant has agreed to enter into this Agreement pursuant to the terms set forth herein; and, WHEREAS, subject to the terms and conditions below, Tenant shall make a monthly contribution to Tenant’s TSA in order to save the funds required to purchase the Property should Tenant elect to exercise Tenant’s option to purchase the Property; and, WHEREAS, Landlord agrees to allow Tenant to deposit Tenant’s monthly TSA contribution into Landlord’s escrow account, provided that the funds deposited under the TSA shall at all times remain Tenant’s sole and exclusive property, but subject to Landlord’s lien as set forth in this Agreement. NOW THEREFORE, in consideration of the Recitals set forth above, the Agreements set forth below, and in further consideration of the sum of ten dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, it is therefore agreed as follows: AGREEMENTS 1. Primary Term. Unless terminated earlier as provided for herein, the term of this Agreement shall be for a period of sixty (60) months, commencing the 1st day of November, 2016, (the “Commencement Date”), and shall automatically expire on the 31st day of October, 2021. (referred to as the “Primary Term”). Prior to the Expiration of the Primary Term, Tenant has the option to either (i) purchase the Property before the expiration of the Primary Term, or (ii) agree to extend this Agreement into the Secondary Term. In the event that Tenant does not purchase the Property, AND does not agree to extend this Agreement into the Secondary Term, this Agreement, including Tenant's Purchase Option and right to lease the Property, shall automatically terminate without further action or notice being required by Landlord. 2. Base Rent during Primary Term. During the Primary Term, Tenant agrees to pay as rent for the Property the total sum of Forty Seven Thousand Four Hundred Four and 20/100 Dollars ($47,404.20) (the "Total Primary Base Rent"), payable in monthly installment payments and payable in advance on the first day of each month during the Primary Term, in equal monthly installments of Seven Hundred Ninety and 07/100 Dollars ($790.07), ("Monthly Primary Base Rent"). The Monthly Primary Base Rent for the first month of the Primary Term is due December 1, 2016. If the term of this Agreement begins on a day other than the first day of the month, then in addition to Tenant paying the first full month's rent, Tenant shall also pay the current month’s rent on a pro-rata basis based upon a 30-day month. The next ensuing installment of Monthly Primary Base Rent is payable on January 1, 2016. A late charge in the amount of Eighty and No/100 Dollars ($80.00) is due on all Monthly Primary Base Rent not received by the 10th day of the month. In the event that any check delivered by Tenant is returned by Tenant’s bank for any reason (insufficient funds, stopped payment, etc.), Tenant agrees: (i) To replace the returned check with certified funds within twenty-four (24) hours. Dishonored checks will not be redeposited; (ii) Tenant shall be charged thirty-five dollars ($35.00) for each and every dishonored check in addition to any other applicable late charges or fees set forth herein; and (iii) Upon the second occurrence of Tenant’s checks being returned as insufficient or otherwise dishonored by Tenant’s bank, Tenant shall pay all further and future Rent with cashier’s checks or money orders. 3. Secondary Term. In the event that Tenant does not purchase the Property before the expiration of the Primary Term, but Tenant still desires to lease the Property, the Secondary Term shall begin at the expiration of the Primary Term, and shall automatically expire on the 31st day of October, 2026. (referred to as the “Secondary Term”). If Tenant does not close the purchase of the Property before the Secondary Term expires, this Agreement, including Tenant’s Purchase Option and right to lease the Property, shall automatically terminate. 4. Base Rent during Secondary Term. In the event that this Agreement is extended into a Secondary Term, Tenant agrees to pay as rent for the Property the total sum of Forty Seven Thousand Four Hundred Four and 20/100 Dollars ($47,404.20) (the "Total Secondary Base Rent"), payable in monthly installment payments and payable in advance on the first day of each month during the Secondary Term, in equal monthly installments of Seven Hundred Ninety and 20/100 Dollars ($790.07) ("Monthly Secondary Base Rent"). The Monthly Secondary Base Rent for the first month of the Secondary Term is payable concurrently with the expiration of the Primary Term. All prior fees, late charges, and payment requirements provided for during the Primary Term, shall continue in full force and effect during the Secondary Term of the Agreement. For convenience purposes only, Monthly Primary Base Rent and Monthly Secondary Base Rent may generally be referred to hereafter as “Monthly Rent Payments”. 5. Reimbursement of Real Property Taxes. During either the Primary Term or the Secondary Term, in addition to the Base Rent, Tenant shall also reimburse Landlord for all real property ad valorem taxes ("Real Property Taxes") assessed against the Property. Tenant agrees to reimburse Landlord on a pro-rata monthly basis. The parties have estimated that the initial average monthly expense for the Real Property Taxes is $41.17. If the initial monthly expense paid by Tenant, based upon a twelve (12) month total average, is determined by Landlord to be insufficient to pay the subject taxes in full, and/or if the subject taxes are increased during any Term hereof, Landlord shall be entitled to adjust the amount that Tenant is paying monthly for such taxes, so as to ensure that all taxes assessed against the Property are paid in full by Tenant, based upon the cumulative amount of twelve (12) monthly consecutive payments. An escrow account will be established and maintained for the annual taxes and insurance payments. Tenant agrees to deposit and keep an additional three (3) months of taxes and insurance in said escrow account at all times. 6. Reimbursement of Dwelling General Liability Insurance. During either the Primary Term or the Secondary Term, in addition to the Monthly Rent Payments of either Term and reimbursement of the Real Property Taxes, Tenant shall also reimburse Landlord for the expense ("Insurance Premiums") of maintaining dwelling general liability insurance and full replacement coverage insurance for the Property. Tenant agrees to reimburse Landlord for all Insurance Premiums paid or incurred by Landlord to maintain general liability insurance and full replacement coverage insurance on the Property on a pro-rata monthly basis. The parties have estimated that the average monthly cost for the general liability insurance for the Property is $37.20. If, and as often as, Landlord's expense for the Insurance Premiums are increased, Landlord shall be entitled to adjust the amount that Tenant is paying monthly for such Insurance Premiums, so as to ensure that all Insurance Premiums billed to Landlord are paid in full by Tenant, based upon the cumulative amount of twelve (12) monthly consecutive payments 7. Tenant Savings Account. To assist in Tenant's efforts to save the money required to purchase the Property, Tenant is required to participate in the TSA program as set forth below. A. TSA Monthly Contribution. During the Primary Term, Tenant agrees to contribute the sum of __To be determined, if any, at Tenants option________ Dollars and No/100 ($______________) (the "TSA Contribution") each month to their TSA. In the event that this Agreement is continued into the Secondary Term, the TSA Contribution shall be adjusted to a new amount of ________________ Dollars and No/100 ($________________). The TSA Contribution shall be in addition to the Monthly Rent Payments, Real Property Taxes and Insurance Premiums required to lease the Property. Tenant, at Tenant's sole discretion, may elect to contribute more than the minimum monthly TSA Contribution amount, which said funds will also be deposited into Tenant's TSA. The TSA Contribution shall be made at the same time Tenant makes Tenant's Monthly Rent Payments. Tenant may make their TSA Contribution by either separate payment, due at the same time that the monthly rent payment is due, or by including the TSA Contribution in a single payment with Tenant's rent payment. In the event that Tenant elects to make one payment, Landlord shall be authorized to deduct the TSA Contribution from the single payment and deposit that amount in Tenant's TSA. In the event that Tenant fails to make the required monthly TSA contribution, this Agreement, including Tenant’s Purchase Option and right to lease the Property, shall immediately and automatically terminate without any further action or notice by the Landlord, and Landlord shall be entitled to retain the Option Fee; and Landlord shall be entitled to retain any TSA funds on deposit with Landlord’s escrow account as may be required to compensate Landlord for Landlord’s damages. B. Escrow Account. Landlord agrees to allow Tenant to deposit Tenant’s monthly TSA contribution into Landlord’s escrow account, provided that the funds deposited under the TSA shall remain Tenant’s sole and exclusive property and can be withdrawn at any time as long as Tenant is not otherwise in default of this Agreement. Tenant agrees that Landlord may deposit Tenant’s TSA Contribution in an escrow account which may contain funds from other TSA accounts owned by other tenants of Landlord and/or Landlord’s Management Company, provided that Landlord and Landlord’s Management Company will always account for Tenant’s individual TSA balance. The funds deposited into Tenant’s TSA shall not accrue interest. All ownership of Tenant’s funds on deposit in Landlord’s escrow account shall remain with Tenant, subject to Landlord’s Lien as provided for below. Tenant acknowledges and agrees that Landlord will comply with any garnishment, order or writ of attachment issued by a court of competent jurisdiction regarding any of Tenant’s funds deposited in the TSA. C. Lien. Tenant hereby grants Landlord a lien on, a security interest in, and the right of setoff against the funds deposited into Tenant’s TSA to secure the prompt payment of Tenant’s Monthly Rent Payments and any other of Tenant’s obligations required by this Agreement, whether now existing or hereafter arising as a result of a breach by Tenant, including Landlords’ damages, reasonable expenses, charges and legal fees that may be required to enforce any provision of this Agreement. D. Withdrawal. As long as Tenant is not in default, Tenant shall be entitled to withdraw the funds from Tenant’s TSA at any time, PROVIDED, that in the event that Tenant withdraws funds from the TSA, this Agreement, including Tenant’s right to lease the Property, shall immediately and automatically terminate without any further action or notice required by Landlord, and Tenant’s Purchase Option shall be considered null and void, and Landlord shall be entitled to retain the Option Fee as and for Landlord’s liquidated damages. Further, Landlord shall be entitled to retain any of Tenant’s TSA funds on deposit with Landlord’s escrow account as may be required to compensate Landlord for Landlord’s damages and losses. 8. Tenant’s Total Monthly Payment. During either the Primary Term or the Secondary Term of this Agreement, Tenant shall pay the sum of the Monthly Rent Payments, the monthly average of the Real Property Taxes, the monthly average of the Insurance Premiums, and the monthly TSA Contribution (all of which is collectively referred to as the “Total Monthly Payment”) on or before the first day of each and every successive calendar month during either the Primary Term or the Secondary Term. Accordingly, Tenant’s initial Total Monthly Payment obligation to Landlord is calculated as follows: $790.07 (Monthly Primary Base Rent), Plus $41.17 (Initial Monthly Average of the Real Property Taxes), Plus $37.20 (Initial Monthly Average of the Insurance Premiums), Plus $ To follow, if any (Tenant’s Initial Monthly Payment to Tenant’s TSA Contribution), Equals $868.44 (Tenant’s Initial Total Monthly Payment to Landlord). Tenant also acknowledges and agrees that, from time to time, during the Primary Term or Secondary Term of this Agreement, the Real Property Taxes assessed by the county assessor, and the Insurance Premiums charged for the insurance coverage as required herein, may increase or decrease. Therefore, each and every time Landlord receives notice of an increase or decrease in the Real Property Taxes and/or Insurance Premiums, the Total Monthly Payment shall be immediately adjusted to account for such increases or decreases. When Landlord receives notice of an increase or decrease, Landlord will notify Tenant in writing, (which may be sent by email), regarding (1) the amount of the increase or decrease, (2) how much the new Total Monthly Payment will be, and (3) the effective date of the increase in the Total Monthly Payment ("Landlord’s Notice of Payment Adjustment"). Landlord’s Notice of Payment Adjustment shall serve as the Parties’ agreement to then adjust the Total Monthly Payment in accordance with Landlord’s notice, without the need or necessity of drafting an addendum or amendment to this Agreement. 9. Maintenance and Repairs. Tenant shall pay any and all costs of repairs with respect to the Property, including taxes and assessments, costs and expenses of every nature except as specifically provided for in this Agreement. Tenant shall keep the Property in good order and condition, and shall, at Tenant's own expense, keep all Tenant's personal property, fixtures, improvements and permitted alterations in good order, condition and repair, including but not limited to all interior and exterior portions thereof and to do all other necessary maintenance in connection with the Property while this Agreement is in effect. Tenant shall not undertake repairs to the Property that are reasonably estimated to cost more than $500.00, but instead shall notify Landlord concerning necessary repairs, and Landlord shall cause the same to be repaired by Landlord’s contractors, and Tenant shall pay the entire costs of any such repairs, plus an additional 15% administrative charge. Tenant also agrees to perform and pay for all maintenance and repair expenses with respect to all lawn shrubbery, snow removal and sprinkler system charges. As the possible future purchaser of the Property, Tenant further expressly waives any and all rights Tenant may have under any applicable Oklahoma law regarding Landlord being responsible for any repairs. Tenant shall not permit any mechanics' or materialmen's liens to attach to the Property. Any and all repairs, replacements, redecorations, improvements, modifications, alterations or otherwise (collectively “Improvements”) that Tenant may cause to occur shall be at Tenant’s sole and exclusive expense, with no right or claim of reimbursement from Landlord, regardless of whether or not Tenant ultimately purchases the Property pursuant to any separate agreement with Landlord. 10. "As-Is" Condition. Tenant hereby acknowledges that Tenant has inspected the Property and hereby accepts the same in its "AS-IS" condition. Tenant specifically confirms that the Property is suitable to Tenant for the purposes for which the same is leased and hereby waives any and all defects therein. Tenant acknowledges and agrees that Landlord has not and will not make any representations or warranties concerning the condition of the Property (whether expressed, implied, or fitness for a particular purpose). 11. Deposit. Tenant hereby deposits with Landlord simultaneously with the execution of this Agreement the sum of ________NA____________ ($______________) (the "Deposit"). The Deposit will be held by Landlord throughout either the Primary Term or Secondary Term without liability for interest and as security for the performance by Tenant of Tenant's obligations hereunder, it being expressly understood that the Deposit will not be considered an advance payment of any Total Monthly Payment or a measure of Landlord's damages for any Default (as hereafter defined) by the Tenant. In the event Landlord repossesses the Property following any Default by Tenant, Landlord may apply the Deposit to all damages suffered by Landlord to the date of such repossession and may retain the balance thereof to apply to such additional damage Landlord may thereafter suffer. If Tenant is not in Default at the termination of this Lease, the Deposit shall be applied in accordance with the Oklahoma Residential Landlord and Tenant Act. If Landlord transfers Landlord's interest in the Property during the Lease Term to any third party, Landlord may assign the Deposit to the transferee and thereafter Landlord will have no further liability with respect to the Deposit. 12. Occupancy. If for any reason Landlord is unable to deliver the Property to Tenant for occupancy on the Commencement Date, this Agreement will nevertheless continue in effect, provided, however, that: (a) Tenant's Initial Total Monthly Payment will abate and not commence until the Property is delivered to Tenant, vacant and ready for occupancy; and (b) the Primary Term will be extended by the period of time which elapses between the Commencement Date and the date Tenant actually takes occupancy. The foregoing abatement and extension will be for a period not to exceed two (2) days unless Landlord and Tenant otherwise agree in writing. The abatement of the Total Monthly Payment will constitute full settlement of all claims which Tenant might otherwise have against Landlord by reason of any such delay in occupancy of the Property. Tenant acknowledges receipt of two (2) keys to the Property and NA (NA) remote control garage door openers. At Tenant's expense, Tenant may re-key existing locks on the residence, but Tenant shall then promptly deliver duplicate keys to Landlord upon any such installation. 13. Use of Property. Tenant agrees not to use the Property for any purpose other than as a private residence to be occupied by Tenant and those members of Tenant's family whose names and ages appear below, and no others: NAME AGE RELATIONSHIP _________________________ __6__ Son Plus any additional childred born or adopted into the family _________________________ _____ __________________________ _________________________ _____ __________________________ _________________________ _____ __________________________ It is expressly understood and agreed by Tenant that the foregoing character of the occupancy of the Property and the limitation of the use of the same to Tenant's family, as above designated, is a special inducement for the granting of this Agreement by Landlord. Tenant agrees that no other person may occupy the Property other than the above-designated person or persons, other than another party married into, born into, or adopted into the family, without Landlord's written consent, which consent may be granted or withheld in Landlord's sole discretion. Tenant shall not use, or suffer or permit any person or persons in any manner whatsoever to use the Property for any purpose in violation of the laws of any governmental authority having jurisdiction over the Property. 14. Duties and Maintenance by Tenant. Except for structural repairs, Tenant shall at all times during the term of this Agreement: A. Make all repairs and do whatever is necessary to put and keep the Property in a fit and habitable condition; B. Keep in a fit and habitable condition the walls, floor and roof of the residence, and all water, sewer, gas, and electrical lines from the outside service lines to the residence; and C. Tenant acknowledges that the Property is equipped with smoke detector(s) in good working order and repair. Tenant agrees to be solely responsible to check all smoke detectors every thirty (30) days and notify Landlord’s Management Company if any of the smoke detectors are not functioning properly. Tenant shall maintain batteries in all smoke detectors as needed; and D. Tenant agrees to keep and maintain the Property in good condition and repair, including keeping the yard mowed, watered and the shrubbery trimmed. (Maintenance of all trees located on the Property shall be governed as set forth in subparagraph “E” immediately below.) If Tenant fails to maintain the Property, yard and shrubbery, as set forth above, Landlord’s Management Company shall notify Tenant of Tenant’s failure to properly maintain the said landscaping, and Tenant shall have ten (10) calendar days to mow, trim, water or otherwise maintain the landscaping as needed. If Tenant fails to properly maintain the landscaping, then Landlord’s Management Company may retain the services of a professional yard maintenance company to perform all such needed landscaping, and Tenant shall pay the cost of all such yard maintenance and landscaping, plus a fifteen percent (15%) administration fee thereon in addition to the Total Monthly Payment; and E. Tenant and Landlord acknowledge and agree that for safety purposes, and to avoid injury, that neither Tenant nor Landlord should be charged with the duty of physically trimming and maintaining the trees located on the Property, and that in lieu of either Tenant or Landlord physically performing such work, that a professional tree-trimming company shall be utilized at all times for any such trimming and maintaining of trees as may be needed. Therefore, Tenant agrees that when either Tenant or Landlord determine that maintenance and trimming of any trees are needed on the Property, that it shall be Tenant’s responsibility to employ the professional services of a tree-trimming company to trim and maintain all trees on the Property. Tenant shall be exclusively responsible for all such expenses incurred in using a professional tree-trimming company. In the event that Landlord notifies Tenant of Landlord’s decision that tree maintenance and/or tree-trimming is necessary or needed, Tenant shall have thirty (30) calendar days from receipt of Landlord’s oral or written notice that tree-trimming is needed in which to employ a professional tree-trimming company and to trim all such trees as are then needed. In such event, Tenant shall pay all expenses incurred with the tree-trimming company. In the event Tenant fails to timely have the trees trimmed within the thirty (30) calendar day time period as stated above, Landlord shall have the right and option to employ a professional tree-trimming company for the purpose of trimming all trees on the Property as Landlord then deems necessary or needed. In such event, Tenant shall pay all expenses attributable to the tree-trimming company. If Landlord is required to pay the tree-trimming company, then Tenant shall reimburse Landlord for all such expenses incurred and paid by Landlord, plus a fifteen percent (15%) administrative charge, all as set forth in paragraph 9 entitled “Maintenance and Repairs”. F. Keep the Property as safe, clean, and sanitary as the condition of the Property permits; and G. Landlord’s Management Company shall be responsible for eradicating any pest infestation reported by Tenant within the first seven (7) days of Tenant’s possession of the Property. Tenant’s failure to notify Landlord’s Management Company of any pest infestation within the said seven (7) days shall constitute Tenant’s agreement that the Property has or had no pest infestation of any kind. Thereafter, Tenant is solely responsible for treating all pest control and pest infestation, except for termite control. Landlord shall pay all expenses incurred for termite control; and H. Dispose from the Property all garbage, rubbish, trash and other waste in a safe, clean and sanitary manner; and I. Keep all plumbing fixtures, heat and air systems, ventilation systems, electrical systems, plumbing systems, water heaters, or otherwise, in or about the residence as clean and sanitary as their condition permits, and at all times keep and maintain the same in good operating and working order and condition; and J. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Property or permit any person or animal to do so; and if any such event occurs, to immediately take all action as is necessary to effect all needed repairs, including cosmetic repairs to all such damaged portions of the Property; and K. Not engage in any conduct or allow any person or animal on the Property with the express or implied permission or consent of Tenant to engage in conduct that will disturb the quiet and peaceful enjoyment of the neighborhood of which the Property is a part; and L. Comply with all covenants regarding and concerning specified repairs to and maintenance of the Property to be performed by Tenant, as agreed by Tenant and Landlord in a conspicuous writing independent of this Agreement. 15. Smoking Prohibited. Smoking in the Property is not permitted. Should any smoke damage occur due to Tenant or Tenant’s visitors and/or invitees smoking within the Property, and Tenant does not purchase the Property, Tenant agrees to pay the cost of having the Property painted, walls washed, interior deodorized, air ducts and filters cleaned, carpets and draperies professionally cleaned, and any other cost to repair the smoke damage (collectively "Smoke Damage"). All expenses incurred by Landlord and/or its Management Company for Smoke Damage shall be paid by Tenant, plus a fifteen percent (15%) administrative charge thereon. If smoking occurs without prior written consent of Landlord's Management Company, such event may be considered an event of Default of this Agreement. 16. Pets. No animal, bird, or pet shall be kept on or about the Property without Landlord's prior written consent, except as follows: Under no circumstances shall Tenant have any vicious or dangerous pets or animals on the Property such as Pitt Bulls, American Bulldog, Rottweiler, etc. In every instance it shall be Landlord's sole discretion and judgment regarding whether or not any such pet or animal is considered to be vicious or dangerous. 17. Utilities. Tenant agrees to pay for all utilities and services based upon occupancy of the Property. Tenant shall be responsible for arranging initiation of utility services to the Property as of the Tenant's occupancy thereof and shall make all deposits required for commencement of such services. 18. Tenant's Insurance. Tenant may, at Tenant's option, purchase and maintain an insurance policy covering Tenant's personal property located upon the Property. Tenant acknowledges that Tenant's personal property is not insured by Landlord and Landlord shall in no way be held liable for damages or destruction of Tenant's personal property resulting from fire, theft, burglary, Acts of God, or any other acts or events beyond Landlord's control. Tenant expressly releases Landlord, Landlord's Management Company, and their respective owners, employees, agents, servants, representatives, or otherwise, from any and all liability for any damages or injury to Tenant, or any other person, or to any property, occurring on the premises unless such damage is the direct result of the gross negligence or unlawful act of Landlord or Landlord's Management Company. 19. Destruction. In the event the Property is damaged, partially destroyed or rendered partially unfit for its accustomed use by fire, tornado, or any other casualty to an extent that enjoyment of the Property is substantially impaired, unless the impairment is caused by the deliberate or negligent act or omission of Tenant, a member of Tenant's family, Tenant's animal or pet, or other person or animal on the Property with Tenant's consent (in which case Tenant shall remain liable for the entire Total Monthly Payment under this Agreement), Tenant may: (a) vacate the Property and notify Landlord in writing within thirty (30) days thereafter of Tenant's intention to terminate this Agreement, in which case this Agreement shall terminate as of the date of vacating; or (b) if continued occupancy is possible, vacate any part of the Property rendered unusable by fire or other casualty, in which case Tenant's liability for payment of the Monthly Rent Payments shall be reduced in proportion to the diminution in the fair rental value of the Property. If this Agreement is terminated under this Section, Landlord shall return the Deposit and all funds in Tenant’s TSA and all prepaid and unearned Base Rent to Tenant, PROVIDED THAT Landlord shall not be obligated to return the Option Fee under any circumstances or for any reason. Immediately upon the restoration of the Property to substantially the condition in which it was immediately prior to such casualty, the abatement of the Total Monthly Payment shall cease and the full Total Monthly Payment charged hereunder shall commence and be due and payable as otherwise provided herein. 20. Condemnation. If all or a substantial portion of the Property is taken or condemned for any public use or by right of eminent domain, or is transferred under threat of condemnation, the leasehold estate created hereby will terminate as of the date title rests in the condemnor or transferee. 21. Entry. Landlord will have the right upon reasonable advance notice and at reasonable times (or, in an emergency, at any hour) to enter the Property to inspect, repair, or preserve the Property as Landlord reasonably may deem necessary. 22. Landlord’s Transfer. In the event Landlord transfers Landlord's interest in the Property, Landlord will thereby be released from any further obligation hereunder and Tenant agrees to look solely and only to the transferee for the performance of such obligations. 23. Management Company. Tenant acknowledges that Landlord has appointed QUEST PROPERTIES, LLC as Landlord’s duly-appointed agent and attorney-in-fact ("Management Company"), all with respect to management of the Property. Tenant shall at all times deal directly with QUEST PROPERTIES, LLC, regarding any and all matters involving the Property. Unless otherwise notified by Landlord, all Total Monthly Payments, Option Fee, or Purchase Price payable hereunder shall be paid directly to Landlord’s Management Company as follows: 1425 W Wynona Ave. Enid, Oklahoma, 73703 24. Default and Early Termination This Agreement, including Tenant’s Purchase Option and right to lease the Property, shall automatically terminate immediately upon the first occurrence of any of the following events: (1) Tenant vacates or abandons the Property; (2) Tenant fails to pay any Total Monthly Payments when due; (3) Tenant breaches any of the other terms of this Agreement; (4) Tenant fails to give Landlord timely written notice of Tenant’s notice to exercise the Purchase Option or election to extend this Agreement into the Secondary Term no less than ninety (90) calendar days prior to the expiration of the Primary Term of this Agreement; (5) Tenant fails to timely close the purchase of the Property prior to the expiration of the Primary Term AND Tenant elects not to extend this Agreement into the Secondary Term; (6) upon the written mutual agreement of the parties; or (7) withdrawal of any of the TSA funds on deposit in Landlord’s escrow account. Upon the first occurrence of any of the above events, (collectively referred to as "Default"), this Agreement, including Tenant’s right to lease the Property, and Tenant’s option to purchase the Property, shall both immediately and automatically terminate without any further action or notice by the Landlord, and Landlord shall be entitled to retain the Option Fee as and for Tenant’s failure to purchase the Property and as Landlord’s liquidated damages due to Tenant’s failure to purchase the Property; further, Landlord may accelerate the remaining unpaid Total Base Rent for whichever Term this Agreement was in immediately prior to such default and declare all such unpaid Total Base Rent to be due and payable in the entirety; and Landlord shall be entitled to retain all of Tenant’s TSA Contributions as may be necessary, which are on deposit with Landlord’s escrow account, as may be required to compensate and pay Landlord for Landlord’s damages, including but not limited to payment of Tenant’s accelerated and unpaid balance of the Total Base Rent for either the Primary Term or the Secondary Term, whichever is applicable. 25. Purchase Price. During either the Primary Term or the Secondary Term of this Agreement, Landlord grants Tenant an option to purchase the Property, subject to the terms and conditions provided for herein ("Purchase Option" or "Option"). If Tenant timely exercises Tenant’s Purchase Option at the completion of the Primary Term, then the purchase price of the Property shall be: Fifty Six Thousand Four Hundred & No/100 Dollars ($56,450.00) ("Primary Term Purchase Price") provided that Tenant may only exercise Tenant’s Purchase Option at the completion of the Primary Term. If Tenant timely exercises Tenant’s Purchase Option at any time during the Secondary Term, then the Purchase shall remain at: Fifty Six Thousand Four Hundred Fifty & No/100 Dollars ($56,450.00) ("Secondary Term Purchase Price"). For convenience purposes only, the Primary Term Purchase Price and/or the Secondary Term Purchase Price may generally be referred to herein as the "Purchase Price". The Purchase Price shall be payable by Tenant to Landlord at the Closing. Tenant acknowledges and agrees that Tenant shall be solely responsible for obtaining Tenant’s own separate financing for the purchase of the Property. Landlord shall have no obligation to finance, "carry back", or accept a payout over time of all or any portion of the Purchase Price. Tenant acknowledges and agrees that Tenant shall not be given credit against the Purchase Price for any part or portion of any Monthly Rent Payments, Real Property Taxes or General Liability Insurance Payments that Tenant has paid or will pay to Landlord. 26. Non-Refundable Payment for Purchase Option. At the time of signing this Agreement, Tenant agrees to pay to Landlord a non-refundable payment in the amount of Ten Thousand & No/100 Dollars ($10,000.00) ("Option Fee") in consideration of the Landlord granting Tenant an option to purchase the Property during the Primary Term. If the Tenant elects to carry this Agreement into the Secondary Term, the Tenant agrees to pay to Landlord another non-refundable Option Fee in the amount of ____________ NA ________ Dollars ($____NA_____) in consideration of Landlord granting Tenant an option to purchase the Property during the Secondary Term. Tenant may use the Option Fee paid during the Primary Term as partial payment of the Option Fee required during the Secondary Term. Tenant acknowledges that Tenant is receiving good and valuable consideration in exchange for paying the non-refundable Option Fee because Landlord has agreed to sell the Property at a fixed price as provided herein during either the Primary Term or Secondary Term of this Agreement, regardless of how much the fair market value of the Property increases during the Term of this Agreement. Tenant expressly understands and agrees that the Option Fee is non-refundable, and is deemed earned by Landlord upon executing this Agreement, regardless of whether or not Tenant ever purchases the Property. If Tenant ultimately does not purchase the Property, Landlord shall be entitled to retain the Option Fee because Landlord will have waived the right to otherwise market and sell the Property to third parties during the Primary Term or the Secondary Term of this Agreement. Should the Tenant timely exercise Tenant’s Purchase Option and satisfy all the other terms and conditions provided for herein, at Closing the Option Fee will be applied as a credit against the Purchase Price. 27. Tenant’s Deadline for Giving Landlord Notice of Election to Purchase Property. During the Primary Term, Tenant must give Landlord written notice of Tenant’s election to exercise the Purchase Option or election to extend this Agreement into the Secondary Term no less than ninety (90) calendar days before the end of the Primary Term of this Agreement. If Tenant fails to give Landlord timely written notice during the Primary Term, then this Agreement, including Tenant’s Purchase Option, shall automatically expire without any further action or notice by Landlord. During the Secondary Term, Tenant must give Landlord written notice of Tenant’s election to exercise the Purchase Option no less than ninety (90) calendar days before they intend to purchase the property or the end of the Secondary Term of this Agreement. If Tenant fails to give Landlord timely written notice during the Secondary Term, then this Agreement, including Tenant’s Purchase Option, shall automatically expire without any further action or notice by Landlord required. 28. Deadline for Closing the Purchase. A. During the Primary Term, if Tenant delivers Tenant’s notice to purchase the Property to Landlord more than sixty (60) days prior to the expiration of the Primary Term, then Tenant must close the purchase of the Property no later than sixty (60) calendar days after Tenant gives Landlord notice of Tenant’s decision to exercise Tenant’s Purchase Option, regardless of the expiration date of the Primary Term. If Tenant fails to timely close the purchase of the Property, then Tenant’s failure to close shall be treated as though Tenant never exercised the Purchase Option in the first instance. Tenant shall be responsible for, and shall reimburse and pay Landlord within thirty (30) calendar days for any and all costs incurred by Landlord by reason of Tenant’s having previously given Tenant’s notice to Landlord regarding Tenant’s decision to exercise the Purchase Option. It shall be considered an event of Default if Tenant does not reimburse Landlord for the costs incurred by the Landlord in connection with Tenant’s decision to exercise the Purchase Option within thirty (30) calendar days, and Landlord shall be entitled to withdraw from Tenant’s TSA funds an amount sufficient to pay Landlord’s costs and expenses, including attorney fees. B. During the Secondary Term, if Tenant delivers Tenant’s notice to purchase the Property to Landlord more than sixty (60) days prior to the expiration of the Secondary Term, then Tenant must close the purchase of the Property no later than sixty (60) calendar days after Tenant gives Landlord notice of Tenant’s decision to exercise Tenant’s Purchase Option as set forth herein, regardless of the expiration date of the Secondary Term set forth in this Agreement. If Tenant fails to timely close the purchase of the Property, then Tenant’s failure to close shall be treated as though Tenant never exercised the Purchase Option in the first instance. Tenant shall be responsible for, and shall reimburse and pay Landlord within thirty (30) calendar days for any and all costs incurred by Landlord by reason of Tenant having previously given Tenant’s notice to Landlord regarding Tenant’s decision to exercise the Purchase Option. It shall be considered an event of Default if Tenant does not reimburse Landlord for the costs incurred by the Landlord in connection with Tenant’s decision to exercise the Purchase Option within thirty (30) calendar days, and Landlord shall be entitled to withdraw from Tenant’s TSA funds an amount sufficient to pay Landlord’s costs and expenses, including attorney fees. C. The last day Tenant is eligible to give timely notice to Landlord of Tenant’s decision to exercise the Purchase Option is sixty (60) calendar days prior to the expiration of the Term set forth herein. If Tenant attempts to give Landlord notice of Tenant’s election to exercise the Purchase Option as set forth herein, and such notice given by Tenant to Landlord is less than sixty (60) calendar days prior to the expiration of the Term stated herein, then Landlord, in Landlord’s sole, absolute and unappealable discretion, may (i) elect to permit Tenant to purchase the Property under the terms set forth herein, or (ii) elect to disregard Tenant’s notice to exercise the Purchase Option because of Tenant’s failure to provide Landlord with timely written notice of Tenant’s intent to exercise the Purchase Option. 29. Closing Costs. Tenant shall be solely responsible for paying any and all closing and financing costs associated with the Purchase Option, including but not limited to: costs associated with the delivery and examination of an updated abstract of title to the Property, costs incurred for the issuance of a title policy or attorney’s title opinion; costs associated with the filing fees and documentary stamps of any deed, all fees charged by the title/abstract company, and all costs associated with the Tenant’s financing of the Purchase Price. 30. Title. Tenant shall examine title to the Property, at Tenant’s own and sole expense, and notify Landlord of any objection or defect affecting the marketability of title to the Property no less than forty-five (45) days prior to Closing. All expenses for curing title, including but not limited to legal fees, discharge of liens and recording fees, will be paid solely by Tenant. It is specifically agreed and understood that NO equitable title in the Property has been created by this Agreement or the Purchase Option. Full title vests with Tenant only upon a successful Closing, Tenant’s payment of the Purchase Price to Landlord, and the execution and delivery of a Special Warranty Deed from Landlord to Tenant. The Property will be conveyed to Tenant subject to all rights of way, burdens, easements and restrictions of record. PROVIDED, if Tenant cannot, or elects to not, cure any title defects, then Landlord has the option of curing such title defects at Landlord’s cost. If Landlord cures all such title defects, then the Parties shall proceed to closing. If any title defects are not cured by either Tenant or Landlord, and if Landlord is unable to convey the Property to Tenant free and clear of title defects, then notwithstanding the Option Fee not otherwise being refundable, Landlord shall return the Option Fee to Tenant for the sole and only reason of Landlord’s inability to convey marketable title to Tenant free and clear of liens and mortgages, but subject to all rights of way, easements, burdens and other restrictions filed of record. The return of the Option Fee to Tenant by Landlord shall be Tenant’s sole and exclusive option, remedy and calculation of damages that shall be available to Tenant due to Landlord’s inability to cure any such title defects. If Landlord cures all title defects, and Tenant does not timely close the purchase of the Property, then Tenant’s failure to close shall be considered a breach and Default by Tenant of this Agreement. 31. X Brokers Involved. The Parties acknowledge that Dean Lemons & Associates & New Millennium Realty Broker(s) are involved in this transaction and shall provide services as per the terms of the attached “Disclosure To Seller Or Buyer Of Brokerage Duties, Responsibilities And Services” unless certain provisions are deleted by mutual consent of the Parties or ___ No Brokers Involved. The Parties acknowledge that no real estate brokers, salesmen, agents, or otherwise, have been used in connection with the Option granting Tenant an option to purchase the Property. As such, if any third party ever asserts a claim for compensation as a real estate broker, salesman, or agent due to the purchase of the Property, then in such event, the party responsible for such claimant’s involvement shall be solely responsible for such commissions and/or compensation as may be due. 32. Special Warranty Deed. At the Closing, Landlord shall convey title to the Property to Tenant by Special Warranty Deed, wherein Landlord shall warrant to Tenant that the Property shall be free and clear of any mortgages, liens and encumbrances created by Landlord, but not otherwise. 33. Non-Assignability by Tenant; Assignable by Landlord. This Agreement is non-assignable by the Tenant without the prior written consent of the Landlord. Any attempted assignment without such prior written consent shall be considered null and void and of no effect; PROVIDED, that the Landlord may assign its rights in this Agreement, and any other documents executed contemporaneously herewith, to any third Party at any time, without having to first obtain the consent of the Tenant. 34. Severability. In the event that any part of this Agreement is construed as unenforceable, the remaining parts of this Agreement shall remain in full force and effect as though the unenforceable part or parts were not written into this Agreement. 35. Survival of Representations and Warranties. All representations, warranties and agreements of all Parties shall be true, correct and binding upon all Parties in all respects as of the date of Tenant’s closing the purchase of the Property, and all such representations, warranties and agreements shall survive Tenant’s closing the purchase of the Property. 36. Lien. All property of Tenant, in or upon the Property, which is not exempt under the Oklahoma Residential Landlord and Tenant Act, including all monies held by Landlord in Landlord’s escrow account pursuant to Tenant’s TSA Contributions, and Tenant’s security deposit, shall all be subject to a lien for payment of the Total Monthly Payments, including but not limited to all unpaid Total Base Rent that is still owing under either the Primary Term or the Secondary Term, as applicable, and for all damages arising from any Default by Tenant of any of the covenants herein. If a Default should occur, Landlord may take possession of the property of Tenant, or any part thereof, and sell it at public or private sale, with or without auction, to the highest bidder for cash, and apply the proceeds of the sale first toward the cost of sale and then toward such debt or damages, any remainder to be paid to Tenant. In the event it becomes necessary for Landlord to take legal action for the enforcement of any obligation imposed upon Tenant by this Agreement, Tenant will bear all of Landlord's costs and expenses of such action, including reasonable attorney fees. 37. Insolvency. In the event of an attempted assignment of this Agreement to creditors, or the institution of bankruptcy, trustee, or receivership proceedings involving Tenant, such events, or any of them, shall be considered an immediate event of Default by Tenant, and such event of Default shall immediately terminate, cancel and void this Agreement, and possession of the Property shall immediately pass to Landlord at Landlord's option, without notice to Tenant. If Landlord exercises Landlord's option to recover possession of the Property upon the occurrence of one of such Defaults, Landlord shall not be held to have waived Landlord's cause of action against Tenant for Tenant's failure to perform fully under the terms of this Agreement prior to such Default. 38. Termination. In the event that Tenant does not elect to purchase the Property and Tenant intends to vacate the Property, Landlord may show the Property to prospective lessees or purchasers at any reasonable hour and upon reasonable advance notice to Tenant during the last sixty (60) days of either the Primary Term or Secondary Term. This Agreement shall not be deemed renewed except upon written agreement to that effect. Tenant agrees that Tenant will, without notice, deliver possession of the Property to Landlord upon the expiration of the Lease Term. 39. Surrender. In the event that Tenant does not elect to purchase the Property and this Agreement is terminated, Tenant shall quit and surrender the Property together with all additions, alterations and improvements thereto, and the residence shall be broom clean and in clean and good condition and repair, reasonable wear and tear and insured casualty loss excepted. Tenant, at Tenant's expense, shall repair any damage to the Property resulting from the removal of Tenant's unattached, movable property. This Agreement shall not be deemed renewed except upon written agreement to that effect. 40. Waiver. Any assents, express or implied, by Landlord to any Default by Tenant hereunder shall operate as such only in the specific instance and shall not be an assent or waiver thereof generally or of any subsequent breach thereof. The various rights, powers, elections, and remedies of Landlord contained herein are cumulative, and no one of them shall be exclusive of others or of any allowed by law. No right shall be exhausted by being exercised on one or more occasions. 41. NOTICE AND SERVICE. WHERE PROVISION IS MADE HEREIN FOR NOTICE OF ANY KIND, OR WHEN SERVICE OF PROCESS OR OF NOTICE IS TO BE SERVED, GIVEN, OR ACCEPTED UNDER THE OKLAHOMA RESIDENTIAL LANDLORD AND TENANT ACT OR ANY OTHER LAW OF THE STATE OF OKLAHOMA, IT SHALL BE DEEMED SUFFICIENT, IF SUCH SERVICE OR NOTICE IS TO TENANT, IF GIVEN TO TENANT AT THE LEASED PREMISES; AND IF TO LANDLORD, IF GIVEN TO LANDLORD'S MANAGEMENT COMPANY AT THE ADDRESS SHOWN BELOW. SUCH NOTICE MAY BE GIVEN BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, WITH POSTAGE PREPAID, OR MAY BE SERVED PERSONALLY ON THE PERSON TO BE SERVED OR NOTIFIED AT THE APPLICABLE ADDRESS DESIGNATED HEREIN, OR MAY BE SERVED AS OTHERWISE SPECIFIED BY THE LAW OF THE STATE OF OKLAHOMA. 42. Complete Agreement. The provisions contained herein, including any additional unique provisions as set forth in Exhibit "A" hereto, if any, are the complete terms of this Agreement, and no alterations or modifications of said terms shall be binding unless signed by both Parties. 43. Sublease and Assignment. Tenant may not sublease the Property or assign this Agreement without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. Any purported sublease or assignment made without such consent shall be null and void and shall constitute a Default hereunder, PROVIDED, that the Landlord may assign its rights in this Agreement, and any other documents executed contemporaneously herewith, to any third Party at any time, without having to first obtain the consent of the Tenant. 44. Disclosure, Confirmation and Addendums - Environmental Quality. A. Fair Housing. Tenant acknowledges and agrees that Landlord and its Management Company shall lease the Property to the Tenant without regard to sex, race, religion, color, handicap, familial status, or national origin. B. Lead Based Paint. Lead Based Paint Addendum and Disclosure will be provided to Tenant if the Property was built prior to 1978. 45. Air Quality. Landlord and Landlord’s Management Company have no knowledge and take no responsibility for any type of air quality problems that Tenant, Tenant’s family members or guests might encounter in the Property. In the event that Tenant or Tenant’s family members experience any type of respiratory problems, it is strongly recommended that Tenant have the Property tested immediately upon experiencing any type of respiratory problems or issues. The Tenant will pay all costs of air quality testing. 46. Mold and Mildew. Tenant acknowledges that mold and/or mildew can grow in any portion of the Property which is exposed to elevated levels of moisture, and many forms of mold and mildew can be harmful. Tenant agrees to report to Landlord’s Management Company any water intrusion problems (other than in sinks, showers, toilets, and other areas designed to hold water or to be wet areas). Tenant shall not block or cover any heating, ventilation, or air-condition ducts located in the Property. Landlord’s Management Company will not pay for any cost or expenses for Tenant or Tenant’s family members or guests for any problem that might arise from mold, mildew, and/or air quality within the Property. By signing this Agreement, Tenant agrees to indemnify and hold Landlord, and Landlord’s Management Company, harmless from any mold or air quality problems that might occur. 47. Binding Effect. Each of the covenants herein contained shall extend to and be binding upon the respective successors, survivors, heirs, administrators, and assigns of the Parties hereto. 48. Management. The persons authorized to manage the Property are the same persons with the same address as have been designated herein to receive notice and for service and acceptance of notice and process. 49. Time. Time is of the essence of this Agreement, and of all the terms and conditions hereof. 50. Joint and Several Liability. If Tenant comprises more than one person, Tenant's obligations hereunder are joint and several. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK EXECUTED the day and year first above written. "LANDLORD" 809 SE 61, LLC Signed: 10-31-16, 2016 BY: Michael Feldman, Manager Quest Properties LLC "TENANT" Signed: October 31, 2016 Julio Cesar Barron Retamoza (Print Name) Signed: October 31, 2016 Maricela Romero Lopez (Print Name) EXHIBIT “A” TO TRIPLE NET RESIDENTIAL LEASE AGREEMENT WITH OPTION TO PURCHASE AND TENANT SAVINGS ACCOUNT BY AND BETWEEN 809 SE 61, LLC, LANDLORD AND Julio Cesar Barron Retamoza & Maricela Romero Lopez, TENANTS DATED October 31, 2016 This Exhibit “A” is made a part of the above-referenced Agreement. If Landlord and Tenant have agreed to unique terms that are contrary to the pre-existing text contained in the foregoing Agreement, then those extra, unique terms are set forth below. If there are no unique terms, then the parties shall write “None” and initial the bottom of this page. 1) At Tenants option, Landlord agrees to allow Tenant to select the Insurance coverage, as long as the policy includes replacement coverage, for the Property, PROVIDED that Tenant shall be responsible for depositing all insurance payments in an escrow account as provided for in paragraph five (5) with current policy coverage of $60,280.00. In the event of a total loss to the Property, Tenant shall have the option to either (i) use any funds from the Insurance to rebuild/repair the property, provided that Landlord shall not be responsible for using any of Landlord’s own funds to rebuild/repair the Property, or (ii) Tenant may elect to terminate this Agreement. In the event that Tenant elects to terminate this Agreement, Tenant shall waive any claim that Tenant may have to any Insurance funds, and Landlord shall pay to Tenant his/her Option Fee. 2) Tenant, at Tenants option, may have the property inspected for termites during the initial 30 day period of this agreement. If termites exist, Landlord will have the property treated by a licensed professional termite treatment company.