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PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) (NOTICE: For use only when SELLER occupies the property for no more than 90 days AFTER the closing) 12-05-11 SELLER'S TEMPORARY RESIDENTIAL LEASE 1. PARTIES: The parties to this Lease are (Landlord) and EQUAL HOUSING OPPORTUNITY (Tenant). 2. LEASE: Landlord leases to Tenant the Property described in the Contract between Landlord as Buyer and Tenant as Seller known as (address). 3. TERM: The term of this Lease commences on the date the sale covered by the Contract is closed and funded and terminates , unless terminated earlier by reason of other provisions. 4. RENTAL: Tenant shall pay to Landlord as rental $ per day (excluding the day of closing and funding) with the full amount of rental for the term of the Lease to be paid at the time of funding of the sale. Tenant will not be entitled to a refund of rental if this Lease terminates early due to Tenant's default or voluntary surrender of the Property. 5. DEPOSIT: Tenant shall pay to Landlord at the time of funding of the sale $ obligations under this Lease. Landlord shall refund any unused portion of the deposit to Tenant with an itemized list of all deductions from the deposit within 30 days after Tenant (a) surrenders possession of the Property and (b) provides Landlord written notice of Tenant's forwarding address. 6. UTILITIES: Tenant shall pay all utility charges except which Landlord shall pay. 7. USE OF PROPERTY: Tenant may use the Property only for residential purposes. Tenant may not assign this Lease or sublet any part of the Property. 8. PETS: Tenant may not keep pets on the Property except . 9. CONDITION OF PROPERTY: commencement of the Lease. Upon termination, Tenant shall surrender the Property to Landlord in the condition required under the Contract, except normal wear and tear and any casualty loss. 10. ALTERATIONS: consent of the Landlord. Any improvements or fixtures placed on the Property during the Lease become the Property of Landlord. 11. SPECIAL PROVISIONS: 12. INSPECTIONS: Landlord may enter at reasonable times to inspect the Property. Tenant shall provide Landlord door keys and access codes to allow access to the Property during the term of Lease. 13. LAWS: to the Property. 14. REPAIRS AND MAINTENANCE: Except as otherwise provided in this Lease, Tenant shall bear all expense of repairing and maintaining the Property, including but not limited to the yard, trees and shrubs, unless otherwise required by the Texas Property Code. Tenant shall promptly repair at Tenant's expense any damage to the Property caused directly or indirectly by any act or omission of the Tenant or any person other than the Landlord, Landlord's agents or invitees. Initialed for identification by Landlord and Tenant American LegalNet, Inc. www.FormsWorkFlow.com TREC NO. 15-5 Seller's Temporary Residential Lease (Address of Property) Page 2 of 2 12-05-11 15. INDEMNITY: Tenant indemnifies Landlord from the claims of all third parties for injury or damage to the person or property of such third party arising from the use or occupancy of the Property by Tenant. This indemnification includes attorney's fees, costs and expenses incurred by Landlord. 16. INSURANCE: POSSESSION OF THE PROPERTY BY SELLER AS TENANT MAY CHANGE INSURANCE POLICY COVERAGE. 17. DEFAULT by Landlord, to commence and diligently pursue to remedy such failure, Tenant will be in default. 18. TERMINATION: default under this Lease. 19. HOLDING OVER: Tenant shall surrender possession of the Property upon termination of this Lease. Any this Lease. Tenant shall pay $ per day during the period of any possession after termination as damages, in addition to any other remedies to which Landlord is entitled. 20. ATTORNEY'S FEES this Lease is entitled to recover from the non-prevailing party all costs of such proceeding and reasonable attorney's fees. 21. SMOKE ALARMS: . 22. SECURITY DEVICES: The requirements of the Texas Property Code relating to security devices do not apply to a residential lease for a term of 90 days or less. 23. CONSULT YOUR ATTORNEY: 24. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows: To Landlord: To Tenant: Telephone: ( ) Telephone: ( ) Facsimile: E-mail: ( ) Facsimile: E-mail: ( ) Landlord Landlord Tenant Tenant The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 512-936-3000 (http://www.trec.texas.gov) TREC NO. 15-5. This form replaces TREC NO. 15-4. American LegalNet, Inc. www.FormsWorkFlow.com TREC NO. 15-5