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BOH MH-Park Model lease

Site Number:

LEASE AGREEMENT

MANUFACTURED HOME/PARK MODEL SITE

STATE OF TEXAS

COUNTY OF HIDALGO

Lessor Name: Bit-O-Heaven, SPE, LLC dba Bit-O-Heaven Resort

Lessor's Mailing Address: 1051 W. Business Highway 83, Donna, Texas 78537

Lessee/s Name/s:

Lessee/s Primary Address:

This Lease Agreement ("Agreement") is made and executed by and between Bit-O-Heaven SPE, LLC, a Delaware limited liability company, ("Lessor") and the above named ("Lessee/s") on this . Lessor hereby Leases to Lessee/s and Lessee/s hereby Leases from Lessor that certain Manufactured Home/Park Model Site described below located at Bit-O-Heaven Resort: (circle one below)

Manufactured Home Site OR Park Models: Standard Site / Premium Site / Premium Deluxe Site

Site Number.: hereinafter referred to as the "Site" subject to the terms and conditions of this Lease.

This Agreement must be signed by Lessor and Lessee/s before Lessee/s shall have the right to use or occupy the Site for residential purposes only. The Site shall not be used for any illegal purposes, nor in violation of any regulation of any governmental body or agency, nor in any manner to create any nuisance or trespass.

APPLICATION APPROVAL: This Resort is an age-restricted Resort, and therefore, all Lessee/s shall be subject to the Resort age restrictions as stated in the Resort Rules and Regulations. Every resident is required to allow Resort Management to make a photocopy of the resident's driver's license, birth certificate, passport, immigration card, military identification or other local, state, federal or international documentation as may convincingly provide evidence of the resident's age. Every resident must verify his/her age in writing upon request by Resort Management. It shall constitute a violation of this Lease for Resident to make any misrepresentation in connection with the application for residency or otherwise, in which event the Resort shall be entitled to all remedies provided under the terms of this Lease, including eviction for just cause as that term is defined under law.

Term (months):

Six-Month Tenancy

Commencement Date:

Termination Date:

If a Six-Month Tenancy is selected, Lessee/s is granted a right, pursuant to Section B.1.r. of this Lease, to terminate the Lease, on at least thirty (30) days prior written notice to Lessor, without penalty, and with the effective date of such termination of this Lease being the earlier of the Termination Date (as such date may be extended by Lease renewals) or the date stated in the written notice.

If a Six-Month Tenancy is selected, Lessor will comply with Section C.1.e. of this Lease regarding written notice to Lessee/s to vacate the Site on the Termination Date (as such date may be extended by Lease renewals), or of Lessor's offer to renew the Lease on the terms set forth in the written notice. If Lessee/s fails to notify Lessor that Lessee/s rejects Lessor's offer to renew this Lease at least thirty (30) days before the Termination Date (as such Termination Date may be extended by Lease renewals), by notifying Lessor that Lessee/s will remove Lessee's Manufactured Home/Park Model from the Site and vacate the Site at the end of the applicable term, this Lease will automatically renew under the modified terms offered by Lessor beginning on the first day after the expiration of the then applicable Six Month Tenancy.

Month to Month Tenancy

Commencement Date:

If a Month-to-Month Tenancy is selected, this Lease will automatically renew for successive one-month periods until Lessee/s or Lessor notifies the other party of Lessor's or Lessee/s's election to terminate the Lease as provided in Section B.1.q. (notice from Lessee/s) or Section C.1.f. (notice from Lessor) of this Lease.

RENT: Lessee/s shall pay the following amount annually for rental, without deduction, for the Site, payable in advance on the first day of each annual term:

Annual Rent for through $

Lessee/s shall pay the following amount monthly for rental, without deduction, for the Site, payable in advance on the first day of each month as follows:

Monthly Rent for through $ on or before the first day of each month.

Lessee's right to possession of the Site is expressly contingent upon the prompt and timely payment of rent and other charges due hereunder, and the use of the Site by Lessee/s is obtained only on the condition that such sums are promptly and timely paid. Post-dated checks and Partial Payments will not be accepted. In addition, Lessee/s shall pay promptly all sums other than rent pursuant to the provision of this Agreement within three (3) days following Lessor's delivery of a statement of account therefor. Monies received by Lessor from Lessee/s shall first be applied to discharge any past due amounts, including but not limited to, past due late charges, check charges, key charges and utility bills owed by Lessee/s. After such past-due amounts have been paid, the remainder of any monies received by Lessor from Lessee/s shall be applied to past due rent, then to current rent. If the rent or other sums payable hereunder are not paid within three (3) days of the date on which such are due, whichever is lower, will be assessed and be immediately due from Lessee/s to Lessor, and a late fee of $25.00 will be assessed. A fee of $35.00 will be assessed for all checks returned due to insufficient funds or for any other reason and be immediately due from Lessee/s to Lessor. Refer to Lessor's current Rate Sheet for a list of additional services and fees, and for terms of payment. The Rate Sheet is incorporated by reference into this Agreement. Lessee/s understands and agrees that Lessor has the right to increase rental charges at any time while this Agreement is in effect by giving Lessee/s at least thirty (30) days prior written notice of the increase.

LESSEE/S' INITIALS:

METHOD OF PAYMENT: Lessee/s shall make rental payments by Discover, Mastercard, Visa, AMEX, Check, or money order, provided however, that if Lessee/s fails to timely make a rental payment or submits a check that is dishonored, Lessor reserves the right to notify Lessee/s, in writing, that future rent payments must be made by money order. No forbearance of a late payment shall be deemed as a waiver by Lessor.

SECURITY DEPOSIT: NOTICE TO VACATE: Upon signing this Lease, Lessee/s must deposit the sum of $ to be held by Lessor as security for the performance of this Lease by Lessee/s. This Security Deposit shall not earn interest. Lessee/s agrees to give advance notice of surrender to Lessor as a condition for refunding the Security Deposit. Lessee/s must provide the forwarding address in writing to receive a refund of the Security Deposit. Lessor agrees to refund the Security Deposit to Lessee/s within thirty (30) days after Lessee/s surrenders the Site, provided advance notice of surrender is given. Lessor may deduct from the Security Deposit damages and charges for which Lessee/s is legally liable under the Lease or as a result of breaching the Lease. Lessee/s may not withhold payment of any portion of rental obligation on grounds that the Security Deposit is security for unpaid rent.

At least thirty (30) days written notice of intent to vacate must be given to Lessor, prior to move out, except as may otherwise be permitted in Chapter 92 or Chapter 94 of the Texas Property Code.

EMERGENCY MAINTENANCE NUMBER: The telephone number of the person(s) who may be contacted for emergency maintenance is:

Scott Campbell

(956) 733-5290

After Hours Number:

(956)472-6418

ADDRESS FOR OFFICIAL NOTICE TO LESSOR: The name and address of the person designated to accept official notice for the Lessor is:

Bit-O-Heaven, SPE LLC

1051 W. Business Highway 83

Donna, Texas 78537-9802

DISCOSURE OF OWNERSHIP AND MANAGEMENT: Lessor is the record title holder to the Resort and its address is:

Bit-O-Heaven, SPE LLC

1051 W. Business Highway 83

Donna, Texas 78537-9802

Management for the Resort is provided by the following person at the following address:

Scott Campbell

Bit-O-Heaven, SPE LLC

1051 W. Business Highway 83

Donna, Texas 78537-9802

UTILITIES: Lessor shall provide the following utility services for normal residential use only at no cost to Lessee/s: Water; Sewer; and Trash Collection

ELECTRIC SUB-METERING: Electricity is available to the Site via one of the following methods (check one):

If this section is checked, then ELECTRICITY FOR YOUR DWELLING UNIT IS SUB-METERED. LESSOR WILL ISSUE BILLS THEREON. ELECTRICAL CONSUMPTION CHARGES FOR ALL COMMON AREAS AND COMMON FACILITIES WILL BE THE RESPONSIBILITY OF THE LESSOR AND NOT OF THE LESSEE/S. ANY DISPUTES RELATING TO THE COMPUTATION OF YOUR BILL AND THE ACCURACY OF THE SUB-METERING DEVICE WILL BE BETWEEN THE LESSEE/S AND THE LESSOR. LESSOR HEREBY PROVIDES LESSEE/S WITH THE WEBSITE ADDRESS OF THE TEXAS PUBLIC UTLITIES COMMISSION SUBSTANTIVE RULE #25.242 (TPUC RULE #25.242) TO ASSURE THAT LESSEE/S IS INFORMED OF HIS RIGHTS AND THE LESSOR'S RESPONSIBILITIES UNDER THIS SECTION. https://www.puc.texas.gov/agency/rulesnlaws/subrules/electric/25.242/25.242.pdf

Utility Rate Increases: Rates for utilities billed to Lessee/s by Lessor may be increased at any time in accordance with the rates established by such third parties and no advance notice of increases in these rates will be given to Lessee/s by Lessor. Any increase in the cost of utilities or services separately charged will be immediately passed through and paid by Lessee/s.

A. Definitions

"Invitees" means guests of Lessee/s.

"Rent" means Monthly Rent, Additional Rent, and any other amounts of money payable by Lessee/s to Lessor.

"Resort" means the Park, Community, RV & Mobile Home Community, RV & Manufactured Home Community, or any combination of the aforementioned.

"Resident" is interchangeable with the word "Lessee/s" refers to those residing in the RV & Manufactured Home Community as well as having signed a Lease agreement.

"Site" means the Manufactured Home/Park Model lot in the Resort rented to the Lessee/s by Lessor.

"Management" means the Landlord, Lessor, agent or representative authorized to act on behalf of the Resort owners.

"Other Charges" or "All Other Charges" means any and all charges or dollar amounts owed by Lessee/s to Lessor including, but not limited to, late charges, NSF charges, Utility Charges, Service charges and damage charges.

B. Lessee's Obligations

B.1. Lessee/s agrees to-

B.1.a. Lessee/s warrants and covenants that a full and complete inspection of the Site and of the Resort and all of its facilities has been made and that all of such were found to be in good safe and habitable condition. Lessee/s acknowledges that Lessee/s is accepting the Site in its "as is" condition without representation or warranty of Lessor but subject to the requirements of Chapter 94 of the Property Code of the State of Texas.

B.1.b. Installation: Lessee/s agrees that the Manufactured Home/Park Model shall be installed (set-up and tied down) in accordance with the Texas Manufactured Housing Standard Act and other applicable government statutes, ordinances, rules, or regulations. Such shall be Lessee/s's responsibility and Lessor shall in no way be liable or responsible for any improper installation. Any and all permits shall be the responsibility of the Lessee/s.

B.1.c. Obey, and cause Invitees to obey, all laws and Rules and Regulations of the Resort related to the use and occupancy of the Site and any common areas in the Resort. Except as permitted in the Resort Rules and Regulations, and on written notice to Lessor's accompanied by the payment of applicable fees, only Lessee/s will reside in the Lessee's Manufactured Home/Park Model located on the Site.

B.1.d. Resort Rules and Regulations: All Resort facilities are provided by Lessor for the use and enjoyment of Lessee/s and, in certain cases, Lessee's family, guests, or invitees. Lessee/s agrees to abide, and to ensure that Lessee's family, guests, or invitees abide by all Resort Rules and Regulations and any amendments thereto ("Rules"). Lessee/s acknowledges receipt of a copy of such Rules as of the date hereof. The Rules and any amendments thereto are incorporated herein by reference and made a part hereof for all purposes. Lessee/s agrees that Lessor shall have the right to modify, amend, change, or replace the Rules in Lessor's sole and exclusive discretion and at such time or times as Lessor may desire, Lessor agrees to give Lessee/s written notice at least thirty (30) days prior to any modification, change, amendment, or replacement of the Rules, however if such modification, change, amendment or replacement will require expenditure of funds in excess of $25.00 by Lessee/s to comply with the new rule Lessor shall provide Lessee/s with a period of ninety (90) days after the date Lessee/s is provided with a written copy of the modification ,change, amendment or replacement rule to comply with such rule. Any breach or violation of the Rules is expressly declared to be a breach of this Agreement.

B.1.e. Pay monthly, in advance, on the first (1st) day of the month, the Monthly Rent, to Lessor at Lessor's Address, and pay monthly, as Additional Rent, on that same date and place, all other amounts due from Lessee/s to Lessor under this Lease; however, the Additional Rent is not payable for any month in which Lessee/s are not in residence at the Resort.

B.1.f. Obtain and pay for all utility services used by Lessee/s that are not provided by Lessor under this Lease.

B.1.g Allow Lessor access to the Site and allow Lessor to enter the Lessee's Manufactured Home/Park Model located on the Site, to perform Lessor's obligations, to inspect the Site and the Lessee's Manufactured Home/Park Model, and to show the Site to prospective Lessee's, lenders or other third parties. Lessor may also enter Lessor's Manufactured Home/Park Model in any reasonable manner, and at any reasonable time, if (1) an emergency exists, or (2) the Lessee/s abandons the Manufactured Home/Park Model.

B.1.i. Repairs: Lessee/s has the obligation to maintain and keep in good condition and repair Lessee's Manufactured Home/Park Model and any and all other property owned by Lessee/s or brought to the Site for or by Lessee/s; including without limitation all doors, windows, and screens. Lessee/s shall also have the duty to repair or remedy or to pay for the repair or remedy of any of the following conditions that may occur to the Site during the term of this Agreement or any renewal or extension hereof:

(a) damage from wastewater stoppage or backup caused by foreign or improper objects in lines that exclusively serve the Site; and

(b) all other conditions which are caused by Lessee/s, any member of the Lessee's family, any guest or invitee of Lessee/s, and which are not caused by normal wear and tear.

(d) Resident agrees not to allow any rubbish or waste material to accumulate on the Site. Resident agrees not to create or harbor a fire hazard or in any way endanger the health, safety, or welfare of other occupants of the Resort.

B.1.j. Submit in writing to Lessor any request for repairs, replacement and maintenance that are the obligations of Lessor under this Lease or Chapter 94, Texas Property Code.

B.1.k. Give written notice to the Lessor of any change in Lessee/s Primary Residential Address.

B.1.l. Construction and Landscaping: Advance written approval of Lessor must be obtained before construction, installation or modification of any home accessory, equipment, or other structure. Note: Building permits may be required for certain accessories or installations.

Installation or planting of any trees, concrete, masonry, or ground cover must be approved in writing by Lessor. Lessee/s are encouraged to landscape the Site and Lessee/s shall keep the Site in a clean, attractive, and well-kept fashion. All landscaping improvements shall immediately become a part of the realty and belong to Lessor and shall remain upon and be surrendered with the Site unless otherwise expressly agreed to in writing by the parties hereto.

B.1.j. Lessee/s agrees to pay all ad valorem property taxes assessed on Lessee's Manufactured Home/Park Model, Lessee's personal property, and any improvements that Lessee/s places on the Site.

B.1.q. Give Lessor a written notice, if Lessee/s has selected a Month-to-Month Tenancy, at least thirty (30) days before the date that Lessee/s elects to terminate the Lessee/s Month-to- Month Tenancy under this Lease.

B.1.r. Give the Lessor at least thirty (30) days prior written notice, if this Lease is a Six-Month Tenancy, and Lessee/s elects to terminate this Lease prior to the end of the Six-Month Tenancy.

B.1.s. Vacate the Site on the Termination Date (as such Termination Date is extended in connection with any Lease renewals), or such earlier date as Lessee/s elections of this Lease, if a Six-Month Tenancy is selected, and to vacate the Site on the date this Lease terminates, following notice from Lessor or Lessee/s, as applicable, of a Month-to-Month Tenancy under this Lease.

B.1.t. Insurance and Indemnification: Lessor shall not be liable for any theft, destruction, loss, or damage to any property of Lessee/s, or Lessee's guests. Lessee/s must provide his own homeowner insurance coverage including, but not limited to, homeowner's insurance, personal property insurance, fire, theft, liability, medical pay, and personal insurance. Lessor shall not be liable for damage resulting from water, mold, excessive heat, odors, noise, failure or breakage of heating or plumbing, gas, water, stream or other pipes or fixtures, or sewage, nor for any damage arising from the acts or neglect of other Lessee/s of the Resort or the elements or damage arising from acts over which Lessor has no control. Lessee/s hereby agrees to indemnify, defend, and hold Lessor harmless for any claim, loss, damage, or expense relating to or resulting from any injury or death to any person or damage to any property arising out of the use of the Resort by Lessee/s, Lessee's family, agents, employees, guests, or invitees. Lessee/s is to keep the Manufactured Home/Park Model and Site in good and safe condition and notify Lessor immediately of an unsafe or unsanitary condition in the Resort or upon Resort property. Lessor shall not be liable to Lessee/s for any damages arising out of any actions or negligence on the part of any other Resort residents or their families, agents, employees, guests, or invitees. Lessee/s agrees to pay Lessor for any damage caused by Lessee/s. Lessee/s family, agents, employees, guests, or invitees whether such damage is sustained by said Resort resident, said Resort resident's family, agents, employees, guests, or invitees.

B.1.u. Pursuant to Sect. 94.054 of the Texas Property Code, Lessee/s shall disclose to the Lessor, in writing, before this Lease Agreement is signed, the name and address of any person/business who holds a lien on the Lessee/s Manufactured Home/Park Model. Resident-owned homes must be titled by the State of Texas and Lessee/s must be named as the owner of the home. A copy of the title must be available upon request.

B.1.v. When vacating the Site, or during any absence from the Site for an extended period of time; Lessee/s must maintain services and utilities such as water, sewer, gas, electric and trash services. Lessee/s shall be responsible for any damage caused by failure to maintain these services and utilities.

B.2. Lessee/s agrees not to-

B.2.a. Use the Site other than for the Permitted Use or allow the Manufactured Home/Park Model located on the Site to be occupied by anyone other than the Lessee/s, and in accordance with the Resort Rules and Regulations, by any Invitees.

B.2.b. Create or permit a nuisance, permit any waste, or interfere with any other Lessee/s use of its Site on any other Leased space and/or the common areas in the Resort.

B.2.c. Use the Site in any way that would increase insurance premiums or void insurance on the Site.

B.2.d. Alter the Site, or change the landscaping on the Site, or place or construct any improvements on the Site, without Lessor's prior written consent, which consent Lessor may grant or withhold in Lessor's sole discretion.

B.2.e. Allow a lien to be placed on the Site, the common areas of the Resort, or any other portion of the Resort.

B.2.f. Assignments and Subleases: Lessee/s shall not without the prior written consent of Lessor, which may be withheld in Lessor's sole discretion, assign, or sublet this Agreement, or the Lease made hereunder, or the Site Leased hereby or any interest therein. If Lessee/s attempts to assign this Agreement or allows the Site to be occupied by anyone other than Lessee/s and other persons, if any, listed in the Application, Lessor may, but shall not be required to, collect rent and other charges due under this Agreement from the assignee or occupant, and apply the new amount collected to the amount herein due and no such collection shall be deemed a waiver of the condition herein against assignment of subletting or as an acceptance of the assignee or occupant as a lawful resident of this Resort or of the Site and in such. Lessee/s shall remain liable to Lessor for all provisions of this Agreement. Lessor, in its sole discretion, may agree in advance and in writing to an assignment or sublease in its sole discretion.

B.2.g. Use the Site or the common areas for any illegal purposes.

C. Lessor's Obligations

C.1. Lessor agrees to-

C.1.a. Lease to Lessee's the Site, beginning on the Commencement Date, pursuant to the terms of this Lease, on either a Six-Month Tenancy or a Month-to-Month Tenancy, as evidenced by a "check mark" in the applicable portion of the "Term (months)" section of this Lease.

C.1.b. Obey all laws, Resort Rules and Regulations relating to Lessor's operation of the Resort.

C.1.c. Provide the utilities specified in the Lease.

C.1.d. Lessor shall cause the Resort to: (i) comply with codes, statutes, ordinances, and administrative rules applicable to the Resort, (ii) maintain all common areas, of any, of the Resort in a clean and usable condition, (iii) maintain all utility lines installed in the Resort by the Lessor unless the utility lines are maintained by a public utility or a political subdivision; (iv) maintain individual mailboxes for the Lessee/s in accordance with the United States Postal Service regulation unless mailboxes are permitted to be located on the Lessee/s's Manufactured Home/Park Model Site; (v) maintain roads in the Resort to the extent necessary to provide access to each Lessee/s's Manufactured Home/Park Model Site; (vi) provide services (which may be at Lessee/s's expense) for the common collection and removal of garbage and solid waste from within Resort; and (vii) repair or remedy conditions on the Site that materially affect the physical health or safety of any ordinary Lessee/s of the Resort. The Lessor will not be required to repair a condition unless Resident notifies Lessor of the condition and Lessee/s has paid all Rent then due. Lessor will not be required to repair conditions caused by Lessee/s, unless caused by normal wear and tear, and Lessor will not be required to maintain or make any repairs to Lessee/s Manufactured Home/Park Model placed on the Site.

C.1.e. Give Lessee/s a written notice, at least (30) thirty days before the Termination Date (if Lessee/s has selected a Six Month Tenancy), (1) to vacate the Site on or before the Termination Date (as such Termination Date may hereafter be extended in connection with any renewals of this Lease), or (2) of an offer of Lease renewal specifying the proposed monthly rent and any change of Lease terms, together with a statement notifying Lessee/s that the failure of Lessee/s to reject the offer of Lease renewal not later than the thirtieth (30th) day before the date the term expires will result in an automatic renewal of this Lease as modified by the changes specified in the offer of Lease renewal.

C.1.f. Give Lessee/s a written notice, if Lessee/s has selected a Month-to-Month Tenancy, at least 30 (thirty) days before the date that Lessor elects to terminate the Lessee/s Month to Month Tenancy under this Lease.

C.1.g. Return the Security Deposit to Lessee/s, provided that Lessee/s has given Lessor written notice of Lessee/s new address, on or before the thirtieth (30th) day after the date Lessee/s surrenders the Site, after subtracting from the Security Deposit all amounts applied to cure any breach of the Lease by Lessee/s, amounts due from Lessee/s as of the application termination date of the Lease, and any move-out fees and expenses applicable to Lessee/s, the Site and/or the Lessee/s's Manufactured Home/Park Model set forth in the Resort Rules and Regulations.

C.1.h. Change in Land Use: Notwithstanding any statement in this Agreement to the contrary, Lessor may terminate this Agreement without cost or liability upon a change in land use if, and only if, not later than the 180th day before the date the land use changes. Lessor sends notice to Lessee/s, and to the owner of the Manufactured Home/Park Model if the owner is not the Lessee/s; and to the holder of any lien on the Manufactured Home/Park Model specifying the date that the land use will change, and informing the Lessee/s, owner, and lienholder, if any, that the owner must relocate the Manufactured Home/Park Model, and (ii) Lessor posts in a conspicuous place in the Resort a notice stating that the land use will change and specifying the date that the land use will change. The Lessor is required to give the owner and lienholder, if any, the notice required by this Section only if the Lessor is given a written notice of the name and address of such owner and lienholder.

D. General Provisions

Lessor and Lessee/s agree to the following:

INITIALS D.1. Increase in Rent. Lessor has the right to increase Rent at any time while this Lease is in effect by giving Lessee/s at least thirty (30) days prior written notice of the Rent increase; however, the effective date of any Rent increase may be no earlier than May 1st of the current year. All prepaid rents will be prorated as of the date of the increase and must be paid within ninety (90) days of the rent increase.

D.2. Resort Rules and Regulations. The Lessor has the right to modify, amend, change, or replace the Resort Rules and Regulations at any time.

D.3. Condemnation. If any portion of the Site is condemned, either Lessor or Lessee/s may terminate this Lease by notifying the other. Any Rent prepaid by Lessee/s's will be returned to Lessee/s on termination.

D.4. Grounds for Eviction of Lessee/s: Lessor may begin eviction proceedings against Lessee/s if Lessee/s fails to remove Lessee/s Manufactured Home/Park Model from the Site and otherwise vacate the Site, after Lessor terminates this Lease for one of the following grounds:

D.4.a. Termination for Other Than Non-Payment. Lessee/s right to occupy the Site shall terminate.

or may be terminated as follows:

(a) at the end of the term of this Agreement or a future term on thirty (30) days prior written notice by either Lessee/s or Lessor:

(b) at any time, Lessee/s shall be in default or in breach of any provision of this Agreement (or the other documents incorporated herein and made a part hereof by reference, such as the Resort Rules and Regulations, if any) upon written notice of such breach or default given by Lessor in accordance with Chapter 94 of the Texas Property Code.

(c) In the event that any governmental body or agency or any entity which has the right of eminent domain, takes or condemns all or any part of the Site or such portion of the Resort and it is no longer reasonable or suitable for use as a Resort for any public purpose by right of eminent domain (or any private purchase in lieu of the exercise of eminent domain), this Agreement shall terminate on the date that possession of such property is taken.

(d) Abandonment: Lessee/s vacates or abandons Lessee/s Manufactured Home/Park Model or the Site.

(e) at such other time as may be agreed to by the parties hereto in writing.

When Lessee/s right of occupancy is terminated, Lessee/s shall pay all rental or other sums due or owed and shall peacefully surrender possession of the Site and remove all of Lessee's property and shall return the Site to the condition it was in at Lease inceptions, (less reasonable wear and tear), pursuant to this Agreement and failure to do so shall be deemed a breach of this Agreement and permit Lessor to exercise its remedies at law or equity including, without limitation eviction.

D.4.b. Termination for Non-Payment: Lessor may pursue Lessee's eviction in the event Lessee/s fails to timely pay rent or other amounts due under this Lease (including late charges and fees) that in the aggregate equal the amount of at least one month's rent. Prior to seeking eviction, Lessor shall provide Lessee/s with written notice of the delinquent amounts and opportunity to cure the delinquency within ten (10) days after the date Lessee/s receives the notice. If Lessee/s fails to completely cure the delinquency within such ten (10) day period, Lessor may immediately thereafter file for eviction or pursue other legal or equitable remedies. Monthly "monthly rent" as used herein shall be defined as the quotient of the total dollar amount of rent due hereunder divided by the total number of months in the term.

D.5. Lessors Remedy for Early Termination of a Lease with a Six-Month Tenancy Pursuant to Section D.6. of this Lease. The maximum amount Lessor is entitled to recover as damages for early termination of a Lease with a Six-Month Tenancy, pursuant to Section D.4. of this Lease is the amount of Rent outstanding for the remainder of the term in the Six-Month Tenancy. If the Site is reoccupied before the twenty-first (21st) day after the date Lessee/s surrenders possession of the Site, the maximum amount Lessor is entitled to recover as damages for early termination of this Lease pursuant to Section D.4. of this Lease is the Monthly Rent for one month.

D.6. Lessors Remedy for Early Termination of a Lease with a Month-to-Month Tenancy Pursuant to Section D.4. of this Lease. The maximum amount Lessor is entitled to recover as damages for early termination of a Lease with a Month-to-Month Tenancy, pursuant to Section D.4. of this Lease, is Monthly Rent for one month. If the Site is reoccupied before the twenty-first (21st) day after the date Lessee/s surrenders possession of the Site, the maximum amount Lessor is entitled to recover as damages for early termination of this Lease pursuant to Section D.4. of this Lease is 50% of the Monthly Rent for one month.

D.7. Default/Waiver/Mitigation. No failure by Lessor to enforce any provision of this Agreement after default or breach by Lessee/s shall be deemed a waiver of Lessor's right subsequently to enforce any and all provisions of this Agreement upon any other or further default or breach on the part of Lessee/s. All remedies contained herein are cumulative and agreed to by the parties without impairing any rights or remedies contained whether said rights or remedies are herein referred to or not. The obligation of Lessee/s to pay rent shall not be deemed to be waived, re-leased, or terminated by the service of a notice to vacate, notice to terminate, notice of breach, demand for possession, or institution of any legal action against Lessee/s. The acceptance of any rentals or other sums due shall not be construed as a waiver of any default or breach by Lessee/s, nor shall such acceptance reinstate, continue, or extend the term of this Agreement or affect any notice, demand, or suit in connection with such Agreement. No payment by Lessee/s or receipt by Lessor of amount less than the total rental and charges due shall be deemed to be other than on account of the rent and charges due nor shall any endorsement on any check nor any letter accompanying such partial payment be deemed on accord and satisfaction, and Lessor may accept such partial payment without prejudice to Lessor's rights to collect the balance of rent and charges due. Any property of Lessee/s shall be kept on or at the Site at Lessee/s's sole risk and shall be insured by Lessee/s. Lessor shall have no responsibility for any loss or damage to any property of Lessee/s at or on the Site or in the Resort.

D.8. Security Deposit. If Lessee/s defaults, Lessor may use the Security Deposit to pay arrears of Rent, to repair any damage or injury, or to pay any expense or liability incurred by Lessor as a result of the default. In addition, except as otherwise required under Chapter 94 of the Texas Property Code, as a condition to Lessor's obligation to refund the Security Deposit, at the termination of the Lease by Lessor or Lessee/s for a reason other than a termination of this Lease under Section D.6. of this Lease, Lessee/s must provide Lessor at least thirty (30) days advance written notice of Lessee/s intention to terminate the Lease and Lessee/s intention to remove Lessee/s Manufactured Home/Park Model from the Site.

D.9. Other Fees. Lessee/s is obligated to any additional fees associated with Lessee/s initial registration at the Resort, and Lessee's and/or Invitees use of the common areas and other services of the Resort, applicable to all other Lessee/s as set forth in the Resort Rules and Guidelines.

D.10. Holdover. If Lessee/s do not vacate the Site following the termination of this Lease, Lessee/s will become a Lessee/s at will and must relocate Lessee/s Manufactured Home/Park Model and otherwise vacate the Site on receipt of notice from Lessor. If this Lease is a Lease with a Six-Month Tenancy, no holding over by Lessee/s, whether with or without the consent of Lessor, will extend the term. If this Lease is a Lease with a Month-to-Month Tenancy, no holding over, after either Lessor or Lessee/s provide the other party a written notice of termination of this Lease, whether with or without the consent of Lessor, will extend the term.

D.11. Alternative Dispute Resolution. Lessor and Lessee/s agree to mediate in good faith before filing a suit for damages.

D.12. Attorney's Fees. If either party retains an attorney to enforce this Lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and any other costs.

D.13. Transfer of Lessor's Interest in Lease. Lessor may sell, assign, or otherwise transfer Lessor's interest in this Lease at any time, and such sale, assignment or transfer is binding on Lessee/s and the party to whom Lessor sold, assigned, or otherwise transferred Lessor's interest in this Lease. Provided the party to whom Lessor sold, assigned, or otherwise transferred Lessor's interest in this Lease assumes, in writing, the Lessor's obligations and liabilities under this Lease, the Lessor is relieved of all obligations and liabilities under this Lease as of the date of such sale, assignment or transfer.

D.14. Contractual Lien: Lessor shall have and is hereby granted a lien upon all non-exempt property of any kind found or located on the Site to secure payment of rent due or to become due under this Lease. If Lessee/s is delinquent in payment of any rental due under this Lease, Lessor shall have the right to enter peacefully the Site, Manufactured Home/Park Model, or storage facilities to exercise Lessor's contractual lien. Lessee's absence from the Site for three consecutive days while all or any portion of the rentals or other sums due under this Lease are delinquent shall be deemed an abandonment of the Site. In order to clear such abandoned Site, Lessor may enter the Site, Manufactured Home/Park Model, and storage facilities to remove and store all property of every kind found therein. Lessor may impose reasonable charges for storing seized or abandoned property and may sell the same at a private or public sale after thirty (30) days written notice to Lessee/s of the time and place of such sale, and Lessor shall have the right to become purchaser upon being the highest bidder at such sale, the notice shall be deemed to have been given at the time of placing such notice in the U.S. mail, postage prepaid, certified, or registered mail to Lessee/s at the street or post office address for the Site herein above set forth. The sale shall be to the highest cash bidder and the proceeds thereof shall be first credited to the cost of seizure, storage, and sale and then to the delinquent rentals or other sums due Lessor. If any sale proceeds, then remain, such remaining proceeds shall be held by Lessor for Lessee/s and Lessor shall notify Lessee/s of such surplus monies in the same manner required for notice of the sale. It is expressly agreed that all of the lien provisions of this paragraph and the procedures contemplated hereby shall be available to, and may be done by, Lessor without the necessity of any prior court hearing, proceeding or order. The lessor shall have no owner to Lessee/s whatsoever for any acts or actions taken or performed pursuant to the provision of this paragraph. To the extent that applicable law requires alternative or different procedures for sale, such procedures shall apply to modify this paragraph but the provision of this paragraph to the extent not inconsistent with applicable law, shall continue to control.

D.15. Personal Liability: Members of the Resort's management staff shall have no personal liability to Lessee/s, authorized occupants, other occupants, guests, and invitees. Lessee/s hereby waives any right of recovery, in law or equity, which Lessee/s may have against the Resort or its agents and agrees to look solely to the Resort's property for the enforcement of all rights arising under the provisions of the Lease.

D.16. Notice of Injuries: In the event of any injury to Lessee/s, other occupants, or guests, which is due to the negligence of Lessor, its agents and/or employees, Lessee/s agrees to give Lessor a written notice of the occurrence of such injury within five (5) days of the occurrence. Such notice must be in writing and delivered to the Resort at the address stated in this Lease.

D.17. Right to Mortgage: Lessor shall have the right to subordinate this Lease to any mortgage now or hereafter placed on the property. At the Resort's request, Lessee/s shall execute and deliver such documents as may be required in order to accomplish this purpose.

D.18. Resort's Right to Assign: Lessor reserves the right to sell the property and assign its rights and obligations under this Lease to the new owner. Lessee/s shall honor such an assignment and shall re-lease the Resort from all further obligations under this Lease.

D.19. Fair Housing: Lessor is an equal opportunity housing provider and complies with all federal, state, and local fair housing laws and regulations. Lessor does not discriminate in any way based upon race, religion, color, sex, national origin, familial status, disability, age, marital status, or any other classification protected by federal, state, or local law applicable in the jurisdiction where the rental property is located.

D.20. Reasonable Accommodations and Modifications to The Site: It is the policy of Lessor to grant reasonable accommodations in its rules, procedures, and Lease provisions and to allow reasonable modifications of the Site that are necessary to allow a disabled Lessee/s an equal housing opportunity. Lessee/s shall notify the Lessor of any need relating to a disability or handicap (in writing if possible) to ensure the proper procedures are implemented to comply with existing laws. In the event Lessee/s fails to notify Lessor of any needed accommodation, Lessor shall not be liable for damages suffered by Lessee/s, nor shall Lessor be liable under fair housing laws. It is agreed that Lessor is under no obligation to accommodate Lessee/s until proper notification with credible supporting documentation (if necessary) is provided and Management has had the opportunity to grant or deny the accommodation or modification. Lessor may deny any request that does not meet the necessary requirements, is not reasonable, or where insufficient information has been provided to establish the required elements of the request.

D.21. Interruption of Services: As long as the Manufactured Home/Park Model is habitable, any interruption of services or utilities, inconvenience, or discomfort arising from repairs or improvements to the Home or Site shall not affect this Lease, reduce the rent, or be construed as an eviction.

D.22. Conflicts. In the event a provision of this Lease conflicts with a provision of the Resort Rules and Guidelines, the provision in the Lease controls.

D.23. Entire Agreement. This Lease, and any exhibits, addendums, and riders, and the Resort Rules and Regulations, are the entire agreement of the parties concerning the Lease of the Site by Lessor to Lessee/s. There are no representations, warranties, agreements, or promises pertaining to the Site or the Lease of the Site by Lessor to Lessee/s, and Lessee/s is not relying on any statements or representations of any agent of Lessor, that are not in those documents. The provisions of this Lease shall be severable; if any provision is held invalid or unenforceable by any court of law for any reason whatsoever, the remaining provisions of this Lease are not affected and will remain in full force and effect.

D.24. Amendment of Lease. This Lease may be amended only by an instrument in writing signed by Lessor and Lessee/s. This Lease may be amended if changes are required by Federal, State or Local Law, Rule, or Regulation.

D.25. Limitation of Warranties. EXCEPT AS PROVIDED IN CHAPTER 94 OF THE TEXAS PROPERTY CODE, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE OR REQUIRED OF LESSOR UNDER CHAPTER 94 OF THE TEXAS PROPERTY CODE.

D.26. Notices. Any notice required or permitted under this Lease must be in writing. Any notice required by this Lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein.

D.27. Abandoned Property. Lessor may retain, destroy, or dispose of any property abandoned on the Site at the termination of this Lease.

D.28. Joint and Several Liability: If this Lease should be signed as Lessee/s by more than one person, then the liability of the persons signing shall be joint and several.

D.29. Lease Binding: The covenants of this Lease shall be binding upon and shall be for the benefit of Lessor and Lessee/s and their respective successors in interest, heir, and representatives.

D.30. Remedies Not Exclusive: Each of the rights provided in this Lease shall be cumulative.

D.31. Interpretations: This lease shall be construed according to the laws of the State of Texas.

D.32. Miscellaneous: The Agreement shall be governed by the laws of the State of Texas. Lessee/s acknowledges having read and understood all of the terms and provisions of this Agreement and agrees to be bound thereby. All references to "Lessor" shall include and refer to the Resort Manager or other designated severable. If any provision is held invalid or unenforceable by any court of law for any reason whatsoever; the remaining provisions shall not be affected and shall be in full force and effect, but the foregoing shall not require Lessor to maintain or repair property of Lessee/s.

D.33. Reduced Statute of Limitations Period: Each Party agrees that any claim such party may have against the other party arising out of this agreement must be filed within three (3) years from the first date of the occurrence, event, accident or condition or the date same should have been known. If any such claim is not filed within three (3) years from such date, it will be forever barred and extinguished. Consult an attorney about the meaning and effect of this provision.

D.34. Time is of Essence. Time is of the essence of this Lease.

D.35. Texas Law. The laws of the State of Texas govern this Lease. Chapter 94 of the Texas Property Code governs certain rights granted to a Manufactured-Home/Park Model Resort Lessee/s and obligations imposed on a Resort Lessor by law.

EXECUTED on the date indicated and effective on the date signed by the last signatory.

LESSOR:

Bit-O-Heaven SPE LLC

By: , Authorized Agent

(signature)

Printed Name:

LESSEE/S:

I/WE ACKNOWLEDGE THAT I/WE HAVE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE SIGNING. I/WE FURTHER ACKNOWLEDGE THAT CHAPTER 92 AND CHAPTER 94 OF THE TEXAS PROPRTY CODE GOVERN CERTAIN RIGHTS GRANTED TO THE LESSEE/S (LESSEE/S) AND CONTAIN CERTAIN OBLIGATIONS IMPOSED ON THE LESSOR (LESSOR) BY LAW.

(Lessee/s Signature)

Printed Name:

Date:

(Lessee/s Signature)

Printed Name:

Date:

Rev 10-1-23

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