Homeowner Contract 2008-letterhead[1]

SHOWHOMES OF ATLANTA HOMEOWNER CONTRACT On this the____25______ day of_July_______________________, 2008, SHOWHOMES OF ATLANTA (herein after referred to as “SHOWHOMES”), and __Euwanta Williams________________________ (herein after referred to as “HOMEOWNER” whether plural or singular), for and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Relationship of the parties. SHOWHOMES is in the business of managing residential real estate, which is on the market for sale to the public. SHOWHOMES is not in any respect as a result of this contract or any other reason acting as a Real Estate Agent, Leasing Agent or Landlord as those terms may be defined under any state statutes, local or municipal ordinances, regulations of any Federal Agencies, or any relevant local, state or federal case law. Furthermore, as a manager of residential real estate, SHOWHOMES has no ownership or other beneficial interest in the property, which it manages, and SHOWHOMES shall not remove any signs or lettering which identify such property as that of the HOMEOWNER, or that said property is for sale. HOMEOWNER is an individual; individuals or entity that wishes to contract with SHOWHOMES for the purpose of having SHOWHOMES manage, decorate and maintain their residential property. HOMEOWNER understands that SHOWHOMES contracts with individuals referred to as Home Managers to occupy and aid in the performance of these services. 2. Property to be managed. HOMEOWNER, for the purposes described herein, delivers possession of the property to SHOWHOMES which is located at 585 and 520 Settles Brook Court______________________________________________________ in the city of _Suwanee___________________, in the state of _GA______ having a zip code of _____________ (referred to herein as the “subject property” whether one or more). HOMEOWNER agrees to allow the subject property to be occupied by a SHOWHOMES Home Manager and further agrees that the Home Manager will pay a fee to SHOWHOMES for its services. 3. Services of SHOWHOMES a. SHOWHOMES, in conjunction with its Home Manager, is to manage, maintain, and decorate the subject property. This service will include minor interior maintenance and the upkeep of the general appearance of the property. Such services will commence on the date the subject property is occupied by SHOWHOMES’ Home Manager and end on the date the Home Manager vacates the subject property or as a consequence of termination of this contract. “Homeowner Contract” Showhomes of America

b. SHOWHOMES, in conjunction with its Home Manager, will be responsible for the payment of charges for electricity, gas and sanitation commencing on the date the subject property is occupied by the Home Manager and ending on the date the Home Manager vacates the subject property. Water will be paid by the HOMEOWNER (Some City Governments will not allow Home Managers to transfer water/sewer service in their name). Lawn maintenance and pool maintenance costs will be determined and made apart of this agreement. As a general rule the Home Manager will be allowed to maintain the lawn and pool at his or her expense. Home Manager lawn maintenance will consist of basic mowing, edging, and blowing of a reasonable area usually ½ acre or less. Planting of flowers, major trimming, the application of pine straw/mulch, fertilizers, and weed/pest control will continue to be the responsibility of the Home Owner. If the HOMEOWNER retains his/her own lawn and/or pool service, the Home Manager will pay a negotiated monthly fee to the HOMEOWNER. If the HOMEOWNER does not retain his/her lawn and/or pool service, the HOMEOWNER will be responsible for canceling any existing service beginning on the move in date of the Home Manager. c. SHOWHOMES and its Home Manager will use the subject property only as it is designed and intended to be used and for no other purposes. Specifically, residential property shall be used only as private residence. d. SHOWHOMES and its Home Manager will exercise due care in keeping, caring for, and preserving subject property and shall return the same to HOMEOWNER in as good of condition as existed when the subject property was first occupied by SHOWHOMES’ Home Manager, ordinary wear and tear excepted. SHOWHOMES will inspect the subject property prior to occupancy by a Home Manager and prepare a STATEMENT OF CONDITION to serve as proof of the condition of the property. e. SHOWHOMES and its Home Manager will allow HOMEOWNER and his agents or representatives access at reasonable times to inspect and examine said property, including placing a lock box on the subject property and showing it to prospective buyers. f. SHOWHOMES will require its Home Managers to carry comprehensive personal liability coverage with respect to their liability at the subject property. Such coverage shall not be less than $300,000 per occurrence. g. SHOWHOMES shall maintain a liability insurance policy providing $2,000,000 comprehensive general liability, and property damage coverage equal to the approximate value of the structure. In most cases the property damage coverage will be an amount equal to 80% of the list price of the subject property. 4. Indemnity a. SHOWHOMES will indemnify and hold HOMEOWNER harmless for any loss or damage to the subject property caused by the negligence of SHOWHOMES or SHOWHOMES’ Home Manager. b. SHOWHOMES will indemnify and hold HOMEOWNER harmless for any loss or damages as a result of any personal injury to SHOWHOMES’ Home Manager or Home Manager’s invitees. “Homeowner Contract” Showhomes of America

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c. SHOWHOMES will not be responsible for any damages, injury or theft arising through no fault or negligence on the part of SHOWHOMES or SHOWHOMES’ Home Manager including, but not limited to, damage or injury resulting from acts of God, acts of a third party, acts of the HOMEOWNER, and/or his agents, or any pre-existing condition of which HOMEOWNER is aware, such as the property being located in a flood zone. 5.

HOMEOWNER Responsibilities.

a. HOMEOWNER shall pay his or her own mortgage payments, taxes, co-operative, condominium or association fees and maintenance or repairs not necessitated by conditions or actions of SHOWHOMES or SHOWHOMES’ Home Manager, and any other items which SHOWHOMES has not expressly agreed to pay. b. HOMEOWNER hereby authorizes SHOWHOMES to arrange for emergency repairs necessary to provide for the continued habitability of the subject property, only in the instance where approval from HOMEOWNER or HOMEOWNER’S agent cannot be obtained within a reasonable time for such repairs to be made in order to prevent further damages to the property or injury to SHOWHOMES’ Home Manager. HOMEOWNER agrees to reimburse SHOWHOMES for the reasonable expenses for such emergency repairs not covered by the HOMEOWNER’S warranty in effect. c. HOMEOWNER will continue to maintain their liability, property damage, fire and flood insurance and the like on the subject property. d. HOMEOWNER will be responsible for the initial cleaning of the interior of the home, the initial lawn maintenance, i.e.: leaf removal, weed control/removal, mowing, edging, trimming of hedges, trees, cleaning of gutters, exterior windows and opening and closing expenses of their pool or hot tub. HOMEOWNER will be responsible for any/all maintenance of a closed pool or hot tub. e. HOMEOWNER will be responsible for taking all necessary steps to establish a procedure for collecting his or her mail addressed to or otherwise delivered to the subject property. Neither Showhomes or it’s Home Manager will be liable for the handling of any mail or deliveries addressed to the Home Owner. f. HOMEOWNER agrees to provide closet shelving, window treatments in selected private areas as well as normal appliances except for refrigerator and washer/dryer. 6. Termination. a. This agreement automatically terminates with respect to the subject property upon the closing of the sale of that property. SHOWHOMES is responsible for removing the Home Manager from the subject property prior to closing. “Homeowner Contract” Showhomes of America

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b. In the event a contract is entered into for the purchase of the subject property prior to SHOWHOMES placing a Home Manager in such property; it is understood and agreed that this contract is terminated with respect to that property. c. HOMEOWNER shall notify SHOWHOMES in writing immediately after any contract is entered into for the purchase of the subject property, and shall notify SHOWHOMES at least twenty-one (21) days prior to the scheduled closing of the sale of the subject property, and further agrees to provide as much notice as possible of any scheduled closing. SHOWHOMES may elect to relocate the Home Manager to a new property after receipt of notification that a contract has been entered into for the purchase of the subject property or of the scheduled closing on the sale of the subject property. d. If HOMEOWNER is not satisfied with SHOWHOMES’ Home Manager or SHOWHOMES’ Home Manager Program, HOMEOWNER shall notify SHOWHOMES of the specific points of dissatisfaction and allow SHOWHOMES a reasonable amount of time (7-10 days) to cure such points of dissatisfaction. If after a reasonable amount of time, SHOWHOMES has been unable to cure the points of dissatisfaction of HOMEOWNER, then HOMEOWNER will allow SHOWHOMES a reasonable amount of time (30 days or less) to relocate the Home Manager. e. SHOWHOMES or HOMEOWNER may terminate this contract after the expiration of thirty (30) days from the date either party receives written notice from the other party of their intent to terminate this agreement. However, HOMEOWNER may not terminate this agreement for a period of ninety (90) days from the date such property is first occupied by a Home Manager except for cause, or as is otherwise provided for in this agreement. f. HOMEOWNER agrees not to initiate or participate in any discussions or negotiations with the Home Manager without prior approval from Showhomes. If HOMEOWNER leases or sells subject property to Home Manager during the course of this agreement, HOMEOWNER agrees to pay SHOWHOMES the equivalent of two months lease payments in case of a lease, or ½ of 1% of the sale price of the house in a case where the Home Manager purchases the subject property. The lease payment due will be equal to twice the highest amount paid for any one month during a twelve month period from the beginning of the lease. HOMEOWNER agrees not to enter into any agreement with SHOWHOMES’ Home Manager as pertains to the occupancy and/or management of the property without the express written consent of SHOWHOMES. 7. Entire Agreement. This constitutes the complete and final agreement between SHOWHOMES and HOMEOWNER. All prior agreements not contained herein are without any effect whatsoever. This agreement may be modified only in writing executed by all parties hereto. “Homeowner Contract” Showhomes of America

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IN WITNESS WHEREOF, SHOWHOMES OF ATLANTA AND THE HOMEOWNER OR HIS AGENT SET THEIR HANDS. SHOWHOMES OF ATLANTA By: __________________________________

Title: Home Owner

Date:__ _ ________________________ Showhomes of Atlanta 5895 Shiloh Rd. Ste 105 Alpharetta, GA 30005 770-391-0852 / 770-391-0902 fax HOMEOWNER OR ITS AUTHORIZED AGENT By: _

Euwanta Williams _________________________________

Date: _07/25/2008_________________________________

HOMEOWNER’S MAILING ADDRESS: (not property address) Street: 2610 Gravitt Road _______________________ City/State/Zip: Duluth/Georgia/30096_________________ Email Address: [email protected]_______________________ Phone: Home: 770-657-3386 Work: 678-618-0224_________ Cell: _678-618-0224_________________ Fax: _____________________

HOMEOWNER’S REAL ESTATE CO. Agency: _Metro Brokers____________________ Agent: _PHILAMENIA Rivers_______________________ Street: ________________________ City/State/Zip: ________________________ Phone: ________________________ Email Address:_ [email protected]________________________

HOMEOWNER’S INSURANCE CO. Agency: _______________________ Agent: _________________________ Street: _________________________ City/State/Zip: __________________ Phone: _________________________ “Homeowner Contract” Showhomes of America

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PROPERTY INFORMATION PROPERTY ADDRESS:____________________________________________________________________

POWER CO:

GAS CO:

Company: Telephone (If Available):

Company: Telephone (If Available):

Average Monthly Cost:

Average Monthly Cost:

WATER & SEWER CO:

GARBAGE SERVICE:

Company: REMAINS IN HOMEOWNERS NAME Telephone (If Available): Average Monthly Cost:

Company: Telephone (If Available): Average Monthly Cost:

LANDSCAPE SERVICE IF HOME MANAGER CHOOSES TO USE:

POOL SERVICE: IF HOME MANAGER CHOOSES TO USE:

Name: Contact: Telephone #: Monthly Fee: REQUIRED / *OPTIONAL (circle one)

Name: Contact: Telephone #: Description of Services:__________________________ Monthly Fee: REQUIRED / *OPTIONAL (circle one)

IN-HOME SECURITY SYSTEM IF HOME MANAGER CHOOSES TO USE:

OTHER SERVICES OR ITEMS WE SHOULD KNOW ABOUT:

Code: Operating Instructions:

Company: Telephone (If Available): Company: Telephone:

Company Name: Telephone (If Available): Contact: REQUIRED / *OPTIONAL (circle one)

Company: Telephone (If Available):

*If contractor is optional, please remember to terminate services upon Home Manager occupancy. Failure to terminate such service could result in duplication of contractors for which SHOWHOMES will not be responsible for services rendered by HOMEOWNER’S current contractor.

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