$2200

Large townhome with a great kitchen. Fenced in back yard providing a great private green space for you and your family. Master suite with private bath and walk in closet. Two additional bedrooms and bathrooms. Open concept living space with a fireplace. Two stall attached garage and street parking. Washer and dryer in unit. Bonus living space up stairs and excellent closet space throughout. Snow and lawn care included. No smoking. Section 1. Lease Premises; Personal Property; No Warranties. Upon and subject to the terms and conditions set forth in this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the residential premises described above under the Leased Premises Address (the "Property"). The personal property owned by Landlord (collectively, the "Personal Property") currently installed or located within the Property and furnished with the Property is listed in the attached Exhibit A Personal Property. Tenant shall not remove any Personal Property from the Property without Landlord's prior written consent. TENANT ACKNOWLEDGES AND AGREES THAT TENANT HAS INSPECTED THE PROPERTY AND THE PROPERTY IS IN GOOD, SATISFACTORY AND TENANTABLE CONDITION, AND TENANT HEREBY ACCEPTS THE PROPERTY "AS IS". WITHOUT LIMITING THE FOREGOING, LANDLORD HAS MADE NO PROMISES REGARDING, AND IS UNDER NO OBLIGATION TO MAKE, ANY ALTERATIONS, IMPROVEMENTS OR REPAIRS TO THE PROPERTY. Section 2. Term. The initial term of this Lease shall commence on the Commencement Date and termination on the Termination Date as set forth above (the "Original Term"), unless sooner terminated as provided in this Lease. Landlord shall not be liable for damages of any kind for any delay in giving Tenant possession of the Property, regardless of the cause of the delay. Section 3. Month-to-Month Upon Expiration of Term. Upon the expiration of the Original Term, and if Tenant remains in possession of the Property after the expiration of the tenancy created hereunder with the consent of Landlord and without execution of a new lease, Tenant shall be deemed to be occupying the Property as a Tenant from month to month, subject to all other conditions, provisions, and obligations of this Lease insofar as the same are applicable to the month to month tenancy. Section 4. Rent; Late Rent. For the Original Term, the rent shall be the Monthly Rent shown above. Tenant shall pay all Monthly Rent to Landlord in advance, on or before the first (1st) day of each month, at Landlord's address first set forth above (or at such other place(s) as Landlord may designate from time-to-time), or via wire transfer to such accounts using such means as Landlord may designate from time-to-time, without prior demand therefor; provided that the Monthly Rent for any partial months at the beginning and end of the term shall be prorated, and the Monthly Rent for the first (1st) month of the Original Term shall be paid on or before the Commencement Date. If at any time the full rental payment is not made by the fifth (5th) day of any month, Tenant shall pay to Landlord a late charge of One Hundred Dollars ($100.00). Notwithstanding anything to the contrary in this Lease, Landlord may require, upon reasonable notice to Tenant, that Tenant make all payments under this Lease electronically, via the nationwide Automatic Clearing House network (ACH), by providing all necessary financial institution routing numbers and account numbers, and executing any documentation required to implement the same Section 5. Security Deposit. Immediately upon execution of this Lease, Tenant shall pay to Landlord, via cashier's check or money order, a security deposit in the amount equal to the Security Deposit shown above. The Security Deposit shall be used to secure Tenant's performance of Tenant's obligations hereunder. Section 6. Use. Tenant shall use and occupy the Property exclusively as a private, single family residence, and for no other purpose whatsoever without Landlord's prior written consent. Tenant may not allow any other person (other than guests on a temporary basis and members of Tenant's immediate family, provided the names and ages of any family members residing with Tenant are disclosed to Landlord) to reside at or otherwise occupy or use the Property or any part thereof. Tenant shall, at Tenant's expense, ensure that the Property and the use thereof complies at all times with: (A) all applicable federal, state and local laws, rules, regulations and ordinances (including, without limitation, environmental laws and zoning ordinances), (B) all applicable covenants and homeowners' or condominium bylaws, rules and regulations (if any), and (C) with such rules and regulations as Landlord may adopt from time-to-time in its sole discretion. Tenant shall not keep or have on the Property any article or thing of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire on the Property or that might be considered hazardous by any responsible insurance company. Section 7. Pets; No Smoking. Tenant is not permitted to have pets in the Property. There is no smoking permitted in the Property, including without limitation the garage. "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe, or any other heated tobacco or plant product intended for inhalation. Smoking includes electronic smoking devices. Section 8. Utilities. Subject to other terms and conditions in this Lease, Tenant shall pay for all utilities serving the Property, including (without limitation) all electricity, gas, water, sewer, telephone, cable, internet. All utilities are to be in Tenant's name from the first (1st) day of the Original Term through the last day for which Tenant is responsible for the Monthly Rent, whether or not the Property is occupied. Landlord shall not be responsible for any interruption or impairment of utilities or other services to the Property. TENANT SHALL SUBSCRIBE TO WEEKLY PROFESSIONAL GARBAGE REMOVAL SERVICE.. All utilities shall be used for ordinary household purposes only. Section 9. Maintenance and Repairs. During the term of this Lease, Landlord will be responsible for maintaining the electrical, plumbing and heating systems in good working order, and for repairs to the foundations, exterior walls, roof, doors and other structural portions of the home on the Property, except when the need for any such maintenance or repair is caused by the negligence, willful or malicious conduct of Tenant or Tenant's family members, guests, invitees or contractors, or other persons under Tenant's direction or control (in which case the required maintenance, repair or replacement shall be paid for by Tenant). Tenant shall immediately notify Landlord of any needed repairs or maintenance for which Landlord is responsible. Tenant shall be responsible for lawn care and snow/ice removal of the driveway and sidewalk and leading to the residence and the steps/porch (if any). Tenant is responsible for mowing, tree and bush trimming, weed and pest control, and care of trees and shrubs. Any damage to trees, shrubs, and lawn due to Tenant's actions or inactions will be repaired and/or replaced by Landlord, at Tenant's expense. Except only as set forth above in this Section 9, Tenant shall, at Tenant's expense, keep and maintain the Property (including, without limitation, all of the interior, exterior, glass, doors, flooring, driveways and sidewalks), and all fixtures and equipment serving the Property, and all of the Personal Property, in good condition, repair and working order (reasonable wear and tear through proper use excepted) and in a safe and clean condition. Tenant shall neither commit nor allow any waste of the Property. Tenant shall not use nails or double sided tape to hang items on walls. Tenant shall not paint any portion of the Property, whether interior or exterior, without Landlord's prior written consent. Tenant shall not remove, demolish or materially alter any building, improvement or fixture that is now or hereafter located on or a part of the Property, nor shall Tenant add or construct any buildings or other improvements on the Property, without the prior written consent of Landlord. If Tenant does engage a contractor or other person to provide services or materials to the Property with Landlord's permission, all contractors, subcontractors and other professionals providing such services and/or materials must be duly licensed, bonded and qualified, and approved in advance by Landlord in writing. Tenant shall not change any of the locks without Landlord's prior written consent. Tenant shall neither cause nor permit any mechanic's lien or other lien, charge, encumbrance or claim (each, an "Encumbrance") to be filed against or attach to the Property. If any Encumbrance is filed against or attaches to the Property, then, within fifteen (15) days after notice of such filing or attachment, Tenant shall, at Tenant's expense, cause the Encumbrance to be cancelled and discharged of record, or bonded; and, if Tenant fails to do so, then, in addition to any other right or remedy available to Landlord, Landlord may, at Landlord's option, cancel or discharge the Encumbrance by paying the amount claimed to be due into court or directly to the claimant, and the amount so paid by Landlord and all of Landlord's costs and expenses incurred in connection with the Encumbrance and the cancellation, discharge and/or bonding thereof (including, without limitation, attorneys' fees) shall be due from Tenant to Landlord on demand, plus interest thereon at the rate of 18% per annum. Section 10. Insurance. Landlord may procure fire and extended coverage and other reasonable necessary insurance on the Property and improvements thereon, in an amount determined by Landlord. If the home or any other such building is located within a federally designated flood prone area, and if flood insurance is available for that area, Landlord may also procure flood insurance in an amount determined by Landlord. Landlord shall be the loss payee under all property and flood insurance policies acquired under this Section 10. Landlord may also procure liability insurance against claims for bodily injury, death and property damage occurring on or about the Property in amounts determined by Landlord. THE INSURANCE POLICIES (IF ANY) PROCURED BY LANDLORD WILL NOT COVER ANY OF TENANT'S PERSONAL PROPERTY AND MAY NOT COVER ANY OF TENANT'S INTEREST IN THE PROPERTY OR THE PERSONAL PROPERTY, OR PROTECT TENANT FROM LIABILITY ASSOCIATED WITH ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE OCCURRING ON OR ABOUT THE PROPERTY. TENANT IS ADVISED TO OBTAIN, AT TENANT'S EXPENSE, TENANT'S OWN RENTERS AND/OR OTHER INSURANCE COVERING (AT A MINIMUM) TENANT'S PERSONAL PROPERTY AND TENANT'S INTEREST IN THE PROPERTY AND PERSONAL PROPERTY, AND PROTECTING TENANT FROM LIABILITY ASSOCIATED WITH ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE OCCURRING ON OR ABOUT THE PROPERTY. Landlord shall not be responsible for loss of any of Tenant's property by theft, casualty or otherwise. TENANTS SHALL BE HELD RESPONSIBLE FOR ANY LIABILITIES DURING THEIR STAY. Section 11. Damage. In the event of damage or destruction rendering all or part of the Property uninhabitable, Landlord may, at its option, terminate this Lease or repair the damage or rebuild. If Landlord decides to not repair or rebuild, this Lease shall terminate as of the date of the damage or destruction. Nothing contained in this Lease may be construed as requiring Landlord to repair or rebuild, nor as limiting any of Tenant's maintenance, repair or indemnification obligations. Section 12. Default. In the event Tenant fails to pay any Monthly Rent or other amounts due hereunder when and as due or otherwise fails to fully perform in accordance with this Lease, such conduct shall constitute default and Landlord may proceed to evict Tenant in accordance with applicable law. Tenant shall also be in default of its obligations under this Lease if Tenant misrepresented any information provided by Tenant to Landlord, or if Tenant vacates the Property for more than ten (10) days without informing Landlord of Tenant's intention to return. Any such event of default shall not operate to release Tenant from liability for unpaid Monthly Rent for the entire remaining term of this Lease. In the event Landlord commences legal proceedings to forcibly remove Tenant or Tenant's guests or anyone claiming through Tenant from the Property, Landlord may recover from Tenant all of Landlord's attorneys' fees and costs incurred in such action, in addition to any other damages to which Landlord may be entitled. Should Landlord be in default under the terms of this Lease, Landlord shall have reasonable and adequate time (which in no case shall be less than thirty (30) days) in which to cure the same after written notice to Landlord by Tenant. Section 13. Substitute Performance. In the event Tenant fails to fully or timely perform any obligation of Tenant's under this Lease, Landlord may, at its option, perform such obligation, in which case Tenant shall, immediately upon demand, reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith, plus reasonable overhead. Nothing in this Section 13 may be construed as limiting any of Tenant's obligations, nor any of Landlord's rights, under this Lease. Section 14. Inspection of Property by Landlord. Tenant agrees to permit Landlord and the authorized representatives of Landlord to enter the Premises at all reasonable times for the purposes of (a) inspecting the Property same, (b) making such repairs or reconstruction to the Property permitted to be made by Landlord, (c) changing HVAC filters, and (d) performing any work therein which may be necessary by reason of Tenant's default under the terms of this Lease. Landlord is hereby given the right to enter the Property and to exhibit the same for the purpose of sale or mortgage, and to exhibit the same to any prospective Tenant. Landlord agrees when possible to provide Tenant with at least Twenty-Four (24) hours' notice prior to any inspection or exhibit of the Property. During the last sixty (60) days of the Original Term of this Lease, Landlord and Landlord's agents shall be entitled to display "For Sale" or "For Rent" or similar signs on the Property, and to show the Property to prospective tenants and purchaser. Section 15. Indemnity. Tenant shall indemnify and save Landlord harmless against any and all claims, demands, damages, costs and expenses, including reasonable attorneys' fees, arising from the conduct or management of the use of the Property as conducted by Tenant or from any default of Tenant in the performance of any covenant or agreement of Tenant to be performed pursuant to this Lease, or from any act or negligence of Tenant, its invitees, patrons, members, customers, agents, contractors, servants, employees, sublessees, concessionaires or licensees, in or about the Property. Tenant's obligations under this section will survive the expiration or early termination of the Lease. Landlord shall not be liable and Tenant waives all claims for damage to person or property sustained by Tenant or Tenant's agents, servants, contractors and invitees resulting from the Property or resulting from any equipment becoming out of repair, or resulting from any accident in or about the Property, or resulting directly or indirectly from any act or neglect of Tenant. This shall apply to flooding of the Property, and to damage caused by steam, excessive heat or cold, falling plaster, broken glass, sewage, gas odors, or the bursting or leaking of pipes or plumbing fixtures. All property of Tenant or any occupant of the Property shall be there at the risk of Tenant or such person only, and Landlord shall not be liable for damage thereto and theft or misappropriation thereof. The provisions of this section shall not, however, apply to any damages or injury caused by Landlord's gross negligence or breach of this Lease. Section 16. Hazardous Waste. Tenant shall not install, use, generate, store or dispose of in or about the Property any hazardous substance, toxic chemical, pollutant or other material regulated by the Comprehensive Environmental Response, Compensation and Liability Act of 1985 or in any South Dakota statute, rule, or regulation or any similar law or regulation (including without limitation any material containing asbestos or PCB) without Landlord's written approval of each such substance. Section 17. Assignment and Subletting. The Tenant shall not assign or sublet the whole or part of the Property either voluntarily or by operation of law without the prior written consent of the Landlord. Section 18. Surrender of Property. Unless otherwise agreed by the parties hereto, at the expiration of the lease term, whether by lapse of time or otherwise, Tenant shall surrender the Property in good condition and repair, reasonable wear and tear excepted. Subject to other agreements, if the Property is not surrendered at the end of the lease term, Tenant shall indemnify Landlord against loss or liability resulting from delay in so surrendering the Property. Tenant shall promptly surrender all keys for the Property to Landlord. Upon the expiration of the tenancy herein created, Tenant shall repair any damage occasioned by its tenancy, or removal of its fixtures, at Tenant's expense, and in default thereof, Landlord may remove such items and repair any such damage at Tenant's cost. Upon surrender of the Property, Tenant shall clean the Property and have the carpets professionally cleaned. Section 19. Successors and Assigns. This Lease shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. Section 20. Severability. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unreasonable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 21. Law Governing. This Lease shall be governed by and construed in accordance with the laws of the State of South Dakota. Section 22. Entire Agreement. This Lease, together with any written modifications or amendments hereto, hereinafter entered into, shall constitute the entire agreement between the parties relative to the subject matter hereof and shall supersede any prior agreements or understandings, if any, whether written or oral, which the parties may have had relating to the subject matter hereof. Section 23. Cumulative Remedies and Non-waiver. Landlord's various rights and remedies contained in this Lease shall not be considered as exclusive of any other right or remedy, but shall be construed as cumulative and shall be in addition to every other remedy now or hereafter existing at law, in equity, or by statute. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or shall be construed as a waiver of any default or as acquiescence therein. One or more consents or waivers of any covenant, term or condition of this Lease by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. Section 24. Notices. In order to be effective, all notices required or permitted under this Lease shall be in writing and personally delivered to the intended recipient, or sent via United States Certified Mail, Return Receipt Requested, to the intended recipient at its address referred to below: If to Landlord: To Landlord at its address first set forth above. If to Tenant: To Tenant at the address of the Property. Any party may change its notice address via written notice to the other party consistent with this subsection. Notice shall be deemed given immediately upon personal delivery to the intended recipient or immediately upon deposit into the mail as aforesaid, as applicable. Section 25. Recording. Tenant shall not, directly or indirectly, record this Lease or any memorandum or short form hereof without the prior written consent of Landlord. Section 26. Construction. The language set forth herein is and shall be deemed to be the language chosen by the parties jointly to express their mutual intent. No rule of construction based on which party drafted the Lease or certain of its provisions shall be applied against any party. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, or neuter, or the singular or plural, as the identity of the person, persons, entity, or entities and context may require. Titles of sections of this Lease are included for convenience purposes only, and shall not be construed as substantive parts of this Lease. Section 27. Counterparts, Time; Etc. This Lease is valid if signed in any number of counterparts. A copy of this Lease bearing a facsimile or other copy of a party's signature may serve as an original counterpart. The time of performance by Tenant of the terms of this Lease is an essential part of this Lease. Section 28. Joint and Several Liability. The liability of each Tenant under this Lease is joint and several for all of Tenant's obligations under this Lease. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. Tenant(s): Landlord: Sodak Housing LLC (Date) EXHIBIT "A" PERSONAL PROPERTY Lease of Residential Property Page