Jeffrey Brian Hamm v. Ashleigh J. Rosson

IN THE DISTRICT COURT IN AND FOR WAGONER COUNTY STATE OF OKLAHOMA JEFFREY BRIAN HAMM and ) JAMIE KAY HAMM, Plaintiffs, ) v. ) ASHLEIGH J. ROSSON, Defendant. ) Case No. (y-24-103 PETITION FOR SPECIFIC PERFORMANCE COME now the Plaintiffs, Jeffrey Brian Hamm and Jamie Kay Hamm, (hereinafter sometimes referred to collectively as "Hamm"), by and through their counsel, James C. Linger, and for their cause of action against the Defendant, Ashleigh J. Rosson (hereinafter sometimes referred to as "Rosson"), allege and state as follows: 1. Plaintiffs Hamm are Husband and Wife and live in Wagoner County, Oklahoma, at 1109 South 32nd Street, Broken Arrow, Oklahoma, 74014 in property they are leasing from Defendant Rosson. 2. Defendant Rosson is the owner of the aforesaid property at 1109 South 32nd Street, Broken Arrow, Oklahoma, 74014, has leased it to the Plaintiffs Hamm, and granted them an option to purchase by way of a lease to purchase agreement. 3. The acts and omissions stated herein occurred within Wagoner County, Oklahoma, and the aforesaid property in question herein is located in Wagoner County, Oklahoma, and, therefore, this Court has jurisdiction and venue of this action. 4. The Plaintiffs Hamm entered into a residential lease with Defendant Rosson on or about June 1, 2024, effective on or about July 1, 2024, for a lease term of 24 months and expiring on June 30, 2026, at a monthly rate of $1,400.00 per month in the total amount of $33,600.00 on the aforesaid property located at 1109 South 32nd Street, Broken Arrow, Oklahoma, 74014 (legal description: Oak Creek South, Lot 5, Block 10). The Plaintiffs Hamm were also responsible for paying the utilities costs on the aforesaid property. A copy of the aforesaid residential lease and related documents is marked Plaintiffs’ Exhibit “1”, attached hereto, and made a part of this Petition as though fully set forth herein. 5. Contemporaneously with the aforesaid Lease, Plaintiffs Hamm and the Defendant Rosson executed an Addendum to the Lease whereby Defendant Rosson contracted to a lease to purchase agreement with the Plaintiffs Hamm with said Addendum becoming a part of the Lease. A copy of the aforesaid Addendum and related documents is marked Plaintiffs’ Exhibit “2”, attached hereto, and made a part of this Petition as though fully set forth herein. 6. Despite the aforesaid Lease and Addendum and related documents, Defendant Rosson has attempted to get out of her contract with the Plaintiffs Hamm by refusing to abide by their terms and has indicated that she will not be allowing the Plaintiffs Hamm to purchase the property as to the terms set forth in Plaintiffs’ Exhibits “1” and “2” attached hereto. 7. At all times pertinent hereto, Plaintiffs Hamm have duly performed all of their obligations under the Residential Lease Agreement with Defendant Rosson and have intended to exercise their option to purchase the aforesaid property, and are ready, willing, and able to pay the purchase price for the property in question herein as required in Plaintiffs’ Exhibits “1” and “2” attached hereto. Plaintiffs Hamm continue to hold themselves ready, willing, and able to complete the aforesaid contract with Defendant Rosson by tendering into Court the current sum necessary to purchase the aforesaid property in question herein. 8. Defendant Rosson owes Plaintiffs Hamm a duty in regard to the aforesaid option to purchase the aforesaid property in question herein. However, it appears Defendant Rosson is going to breach her Agreement with the Plaintiffs Hamm and refuse to sell the aforesaid property in question pursuant to the terms set forth in Plaintiffs’ Exhibits “1” and “2” attached hereto. 9. Plaintiffs Hamm have no plain, speedy, an adequate legal remedy in that the property in question herein is a unique property having a special value to Plaintiffs Hamm and for which there is no substitute for which a fair market value of the damages that would be suffered by Plaintiffs Hamm would adequately compensate them for their loss. 10. The contracts contained within Plaintiffs’ Exhibit “1” and “2” attached hereto are fair and equitable and supported by adequate consideration as shown by the facts and statements contained therein. WHEREFORE, premises considered, by reason of the Defendant Rosson’s failure and refusal to abide by the option to purchase granted the Plaintiffs’ Hamm according to the terms contained therein, the Plaintiffs’ Hamm will be damaged by Defendant Rosson’s failure to abide by said contract for option to purchase so that this Court should require the Defendant Rosson to specifically perform said contract by selling the aforesaid property in question to the Plaintiffs’ Hamm for the price set forth in said contract, for the costs of this action, including a reasonable attorney’s fee, and such other and further relief as the Court finds equitable and just. JEFFREY BRIAN HAMM and JAMIE KAY HAMM, Plaintiffs JAMES C. LINGER, OBA#5441 Counsel for Plaintiffs [Signature] 1710 South Boston Avenue Tulsa, Oklahoma 74119-4810 (918) 585-2797 Telephone [email protected] OKLAHOMA REAL ESTATE COMMISSION THIS IS A LEGALLY BINDING CONTRACT; IF NOT UNDERSTOOD, SEEK ADVICE FROM AN ATTORNEY. RESIDENTIAL LEASE CONTRACT DOCUMENTS. This Residential Lease ("Lease") is defined as this document and the following attachment(s): (check as applicable) Brokerage Disclosure to Landlord/Tenant Tenancy Guidelines Lead-Based Paint Disclosure and Brochure Pet Addendum Homeowner’s Association Rules and Regulations Move in/Move out Inspection Landlord/Tenant “You Need to Know” Key/Re-key Addendum Flood Notice Leasing supplement with terms for purchase on or before July 1, 2026 OWNER is represented by Chinowth & Cohen, a licensed real estate Broker who is authorized to manage the Premises. Owner: Ashleigh J. Rosson Owner’s Broker Address: Tenant(s): Jeffrey Brian Hamm and Jamie Kay Hamm PREMISES Address: 1109 South 32nd Street City: Broken Arrow State: OK Zip: 74014 Legal Description: OAK CREEK SOUTH LOT 5 BLK 10 In consideration of their mutual agreement to the following terms, conditions, and covenants, the Owner leases to Tenant and Tenant leases from Owner the above-described Premises. 1. TERMS, CONDITIONS, AND COVENANTS. A. TERM. This lease is for a term of 24 months (the “Lease Term”), beginning on 07/01/2024 ("Commencement Date") and expiring on 06/30/2026 ("Expiration Date"). Any extension of the Expiration Date must be mutually agreed upon in writing prior to the Expiration Date. In the event that any month's rent is not received by the Owner within 5 (5 days if left blank) days after written notice of the Owner’s demand for payment then the Owner may terminate the Lease, as provided by the Oklahoma Residential Landlord-Tenant Act (ORLTA). Any funds held by the Owner shall be disbursed in accordance with Paragraph 3. Tenant agrees to give Owner written notice of intent to vacate the Premises, Hold Over, or request to extend the Lease Term, at least thirty (30) days prior to the Expiration Date. NOTE: The Servicemembers Civil Relief Act (SCRA) requires that a military service member be able to terminate certain lease agreements (See Paragraph 34 of this Contract for additional information). B. HOLD OVER TENANCY. If Tenant holds over after the Expiration Date with the consent of Owner, the tenancy shall be from month to month only and not a renewal (unless there is an execution of a new written lease). Tenant agrees to pay rent and all other charges as herein provided, and to comply with all the terms and covenants of this Lease from the time that Tenant holds over. 2. RENT. Tenant agrees to pay rent to: Ashleigh J. Rosson Address: amount of $33,600 at the rate of $1,400 per month. Tenant shall also be responsible for paying the following utility costs 1109 South 32nd Street, Broken Arrow, OK. 74014. Each monthly rent payment is payable in advance and is due on the 1st day of each month of the Lease Term. The initial rent payment in the amount of $1,400, must be made on 06/01/2024. Last month's rent is payable by money order, cashier’s check, or electronic payment. Prorated rent for _ days at $46 per day equals $ , and is payable on or before . A. Late Payment of Rent Fee. Any rent payment that is not received by Owner by 11:59 p.m. on the 5th day of the month it is due will be assessed a late fee of $50 . The parties agree that this late fee shall serve as liquidated damages, and not penalty for the late payment. The parties also agree that this amount is a reasonable sum to serve as the liquidated damages, and further agree that the actual damages suffered by Owner because of the late payment would be difficult, if not impossible, to ascertain. Total amount of late rent and late fee is payable by money order, cashier's check, or other certified funds. Deductions made from rent without written permission from Owner are considered as unpaid rent and will be subject to a late fee. B. Dishonored Checks. In the event that the Tenant’s bank returns a check for any reason (insufficient funds, stopped payments, etc.), Tenant agrees: 1) To replace the returned check with certified funds within twenty-four hours. Checks will not be re-deposited. 2) To include payment of $25 dishonored check charge with the replacement certified funds along with applicable late charges. 3) If Tenant has a second dishonored check during the Lease Term, Tenant shall pay all further rents with cashier’s check or money order. C. Five Day Notice. In the case of non-payment of rent or failing to timely replace a dishonored check as required above, the Tenant will receive a five-day (5) notice as provided above. 3. DAMAGE/SECURITY DEPOSIT. Tenant shall deposit with Owner or Owner’s Broker a Damage/Security Deposit in the amount of $2500______ which shall be paid on or before the date of Tenant’s occupancy of the Premises. This Damage or Security Deposit shall secure the performance of Tenant’s obligations to pay rent and leave the Premises in good, clean, and operating condition, ordinary wear and tear excepted. Owner may, but shall not be obligated, to apply the Damage/Security Deposit or any portion thereof to Tenant’s obligations. Any balance remaining upon termination shall be returned to Tenant within forty-five (45) days of both the Tenant giving written request for the return of the Damage/Security Deposit and the Tenant giving possession of the Premises to the Owner. Tenant shall NOT have the right to apply the Damage/Security Deposit for payment of rent. If there is any money withheld from the deposit, the Owner shall provide Tenant with a written itemized list of expenses, delivered by mail with return receipt requested, or in person to the Tenant if they can reasonably be found. Owner or Owner’s Broker shall deposit the Damage/Security Deposit in an FDIC insured escrow account. The account may bear interest, which shall be payable to Owner or Owner’s Broker in consideration of the cost and burden of maintaining the escrow account. 4. ANIMALS. Tenant shall not keep animals of any kind on the Premises (except for service/assistance animals) without prior permission from the Owner. If given permission, Tenant agrees to the terms of the attached Pet Addendum, which will require Tenant to pay additional fees. If the Tenant acquires an animal after occupancy without written permission of Owner, it could result in the issuance of an eviction notice. 5. SERVICE/ASSISTANCE ANIMALS. A Tenant with a disability may submit a request to the Owner for a reasonable accommodation to have a service/assistance animal on the Premises, pursuant to the Fair Housing Act (FHA), the Americans with Disabilities Act (ADA) or any other applicable federal, state or local law. Unless the Tenant has a disability or disability-related need for an assistance animal that is readily apparent, the Owner may request reliable supporting documentation that (1) is necessary to verify that the Tenant meets the definition of disability pursuant to the Fair Housing Act. (2) describes the needed accommodation. and (3) shows the relationship between the Tenant’s disability and the need for the requested accommodation. Notwithstanding the absence of an additional deposit for a service/assistance animal, the Tenant shall be responsible for any damages caused by the animal. 6. POSSESSION OF PREMISES. Tenant acknowledges that the statements and material representations made on Tenant’s signed application, which is hereby incorporated by reference, have been relied upon by Owner, the falsity of which, in whole or in part, shall constitute a breach of this Lease entitling Owner at Owner’s option, to terminate the Lease and repossess the Premises. This Lease is further conditioned upon Owner securing possession of the Premises from the existing Tenant, if any, by the commencement date hereof. In the event Owner is unable to deliver possession of the Premises to Tenant for any reason, including, but not limited to, failure to previous Tenant to vacate Premises or partial or complete destruction of the Premises, Tenant shall have the right to terminate this Agreement. In this event, Owner’s liability shall be limited to the return of all sums previously paid by Tenant to Owner except application processing fee, if any. 7. CLEANLINESS/EXISTING DAMAGE. Prior to occupying the Premises, Tenant is responsible to inspect the Premises for cleanliness and any existing damage. If the Premises is in need of cleaning or repair of damages, Tenant must notify Owner prior to occupying the Premises, and within twenty-four (24) hours of receiving keys. It is the intent of the Owner to deliver the Premises to Tenant in clean condition and without damage. 8. KEYS AND RE-KEYING. See attached Key/Re-key Addendum. 9. LEGAL USE. Tenant shall use the Premises only for residential purposes and for no other purpose. Operating a business, including daycare, from the Premises is prohibited. Tenant shall not use, nor permit the use of anything in the Premises (i) which would violate any of the terms or conditions of this Lease, (ii) for any unlawful purpose or in any unlawful manner, or (iii) that would substantially increase cost of the Owner’s insurance. Tenant’s use shall comply with City Code and Ordinances, City, State and Federal Regulations and Laws. Tenant shall pay any cost incurred by Owner due to Tenant’s violation of the Code, Regulations, Ordinances, and Laws. Failure of the Tenant to pay costs shall constitute a breach of this Lease. If Owner should violate City Code and Ordinances, or City, State or Federal Regulations and Laws, Owner shall cure or pay any cost incurred by Tenant due to the violations. 10. TENANT RESPONSIBILITIES. A. PEST CONTROL. Owner shall be responsible for eradicating any pest infestation reported by Tenant within the first thirty (30) days of possession. Tenant’s failure to identify any pest infestation within thirty (30) days shall constitute Tenant’s agreement that the Premises has no infestation of any kind. Tenant is responsible for reporting any suspected or known termite infestation but is not responsible for termite control. Any future infestation of any kind, except termites, shall be the responsibility of Tenant. In the event Tenant fails to take reasonable and prompt action to eradicate pest infestation, Owner may take such action and demand reimbursement for costs incurred from the Tenant. B. SMOKE DETECTORS. Tenant acknowledges that Premises is equipped with smoke detector(s) in good working order and repair. Tenant agrees to be solely responsible to check smoke detectors every thirty (30) days and notify Owner immediately if smoke detectors are not functioning properly. Tenant shall replace batteries in smoke detectors as needed to insure they operate properly. C. LANDSCAPING. Tenant agrees to keep and maintain the Premises in good condition and repair, including keeping the yard mowed, watered, and the shrubbery trimmed. D. MAINTENANCE. 1) Tenant shall be responsible for all routine maintenance including, but not limited to, stoppage or sewer because of misuse, broken water pipes/fixtures due to neglect or carelessness of Tenant, and replacement of any burned out light bulbs. Tenant understands that they, at their expense, shall keep sinks, lavatories, and commodes open unless stoppage is due to defective sewer systems. Tenant shall report any water leaks to Owner immediately. 2) Tenant is responsible for changing HVAC filters regularly (at least every three months), and shall be responsible for HVAC servicing fees if excessively dirty filters are present at any time. Tenant shall also be liable for damage to HVAC systems caused by dirty or missing filters and damages resulting from unreported problems. 3) Tenant agrees to notify Owner promptly in the event of needed repairs. 11. NON-SMOKING/NON-VAPING. Tenant agrees that smoking, including tobacco and marijuana, and vaping or the any use of e-cigarettes on the interior or exterior of the Premises is not permitted, and should such occur by Tenant or Tenant's guests in the Premises, Tenant shall be responsible for the cost of having Premises painted, walls washed, interior deodorized, air ducts and filters cleaned, and carpets and draperies professionally cleaned, and any other cost to repair any other damage. If smoking or vaping occurs it could be cause for the issuance of an eviction notice. 12. MARIJUANA. Tenant shall not grow or cultivate marijuana on the interior or exterior of the Premises. Tenant shall not sell or distribute marijuana, or products containing marijuana, on the Premises. If Tenant or Tenant's guests engage in such activities, Tenant will be subject to eviction and liable for any damages, including any costs listed in Section 11 above. 13. UTILITIES. Tenant will be responsible for paying all utility costs, including any deposits, penalties and interest, beginning on the Commencement Date, except for none during Tenant's occupancy of the Premises. 14. OCCUPANTS. Only the persons listed below shall occupy the Premises. Maximum occupancy of the Premises shall be 4. Occupancy of the Premises shall not exceed two (2) persons per bedroom unless the Owner gives prior consent in writing. Occupancy by anyone other than those listed for more than fourteen (14) consecutive nights shall constitute a breach of this Lease unless the Owner gives prior consent in writing: 15. NOTIFICATION. Pursuant to Title 41 O.S. §130.1A, in the event of an Emergency or Death, notification is to be made to the following (must not be another occupant): For Tenant notify: Name/Relationship: ___________________________________________ Phone: _______________________ Address: ______________________________________________________________________________________ Email: ________________________________________________________________________________________ For Co-Tenant notify: Name/Relationship: ___________________________________________ Phone: _______________________ Address: ______________________________________________________________________________________ Email: ________________________________________________________________________________________ In the event of death (unless there is a surviving joint-Tenant) Owner or Owner's Broker is authorized to: (i) grant to the person designated above access to the Premises at a reasonable time and in the presence of the Owner or the Owner's Broker, (ii) allow the person designated above to remove any of the Tenant's property found at the Premises, and (iii) refund the Tenant's security deposit, less lawful deductions, to the person designated above. 16. ALTERATIONS AND REPAIRS. Except in the event of an emergency, or as specifically authorized by the ORLTA, no repairs, decorating, or alterations shall be done by Tenant without Owner's prior written consent. Tenant shall notify Owner in writing of any repairs or alterations contemplated. Tenant shall indemnify and hold Owner and Owner’s Broker harmless from any costs, fees, or expenses relating to any mechanic’s lien recordation or proceeding caused by Tenant. Tenant agrees that all improvements installed in or on the Premises, including landscaping (bushes, shrubs, ground cover, trees, and flowers) shall, at the option of Owner, remain with the Premises upon termination of the Lease at no cost to Owner. 17. APPLICATIONS OF FUNDS. Money paid by Tenant is applied in the following order: A. Maintenance charges due in accordance with the Leasce B. Late charges, dishonored check charges, or trip charges C. Past due utilities D. Unpaid security deposits E. Fees owed for unapproved pets F. Attorney fees, Processor fees, and Court Costs awarded by the Courts G. Past due rent, oldest to newest H. Current rent 18. HOMEOWNER’S ASSOCIATION. The Tenant agrees to read and abide by the Homeowner’s Association Rules and Regulations. Tenant agrees to pay, upon demand, any fines levied upon Owner for Tenant’s violation of the association rules and regulations. 19. ASSIGNMENT AND SUBLETTING. No portion of the Premises shall be sublet nor this Lease assigned. Any subletting or assigned by Tenant without the permission of the Owner shall be a breach of this Lease. 20. INSURANCE. A. All personal property located on or stored in the Premises is at the risk of the Tenant, and Tenant shall indemnify and hold harmless Owner and Owner’s Broker from and against any loss or damage to said personal property. Further, Tenant is ☐ responsible ☒ required by Owner, for obtaining and paying for their own Insurance to cover Tenant’s personal property and liability. Owner shall not carry Insurance for Tenant’s personal property or liability. B. Tenant agrees and understands that Owner and the Owner’s Broker is not responsible for loss for perishable goods should there be a mechanical failure of any appliance or equipment provided by the Owner. Tenant is responsible for any loss incurred by the Owner due to Tenant neglect, misuse, abuse or accident caused by Tenant. C. FLOOD INSURANCE. In the event the Premises is located in a flood hazard area, it shall be the responsibility of the Tenant to purchase flood insurance to cover their personal property in the event of flooding from rising water. The Owner’s insurance does not cover the Tenant’s personal property. 21. FLOOD NOTIFICATION. A. Owner has notified Owner’s Broker that the Premises ☐ is ☒ is not located within a 100-year flood hazard area. B. Owner ☐ does ☒ does not have knowledge of the Premises flooding in the last five (5) years. NOTE: Premises do not have to be in a 100-year flood hazard area to be susceptible to flooding. Flood insurance is available on a property in any location. “Flooded and flooding” shall mean general and temporary conditions of partial or complete inundation of normally dry land areas and structures upon said areas from the overflow of lakes, ponds, streams, rivers, creeks and any other inland waters. 22. INVENTORY. A. The items checked below are included in the Premises and are in good working order. ☒ Refrigerator ☒ Range ☒ Oven ☒ Disposal ☒ Dishwasher ☒ Washer ☒ Dryer ☒ Microwave ☒ Ceiling Fan ☒ Window Covering ☐ Window Air Conditioning Unit Other items included (if any): B. REMOTE CONTROLS. ☐ Ceiling Fans #_________ ☐ Fireplaces #_________ ☐ Overhead Door #_________ ☐ Window Unit #_________ Other: 1109 South 32nd Street, Broken Arrow, OK 74014 Any remote control unit(s) issued to Tenant are to be returned in good working condition on or before the Expiration Date. 23. OWNER AND OWNER'S BROKER RIGHT OF ENTRY AND INSPECTION. A. A Tenant shall not unreasonably withhold consent to the Owner or the Owner's Broker, including their representatives or employees, to enter the Premises to inspect the Premises to insure Tenant's compliance with the terms of this Lease, to make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or to show the Premises to prospective or actual purchasers, mortgagee, Tenants, workmen or contractors. B. An Owner or the Owner's Broker, including their representatives or employees may enter Premises without consent of the Tenant in case of emergency. C. An Owner and the Owner's Broker shall not abuse the right of access or use it to harass the Tenant. Except in case of emergency or unless it is impracticable to do so, the Owner or the Owner's Broker shall give the Tenant at least one (1) day verbal notice of the intent to enter and may enter only at reasonable times. D. Unless the Tenant has abandoned or surrendered the Premises, an Owner or the Owner's Broker has no other right to enter the Premises during the Lease Term except as provided in this Lease or pursuant to a court order. E. If the Tenant refuses to allow lawful access, the Owner or the Owner's Broker may obtain a court order to compel access, or may terminate the Lease. F. Notwithstanding the provisions of Paragraph 25 below, for the purpose of entry and inspection, notice may be posted on the Premises. 24. ATTORNEY'S FEES. In the event legal action or proceeding is brought by either Party to enforce any part of this Lease, the prevailing Party may recover, in addition to all other relief, reasonable attorney's fees and costs to be set upon application to the court. 25. NOTICE. Notice to Owner is to be addressed to Owner's Broker at the address listed above. Owner's Broker is authorized to accept legal service on behalf of Owner. Any notice, except as otherwise provided below, required by this Lease to be given by one Party to the other, may be mailed by certified United States mail, postage prepaid, addressed to Owner's Broker or Tenant at Owner's Broker's or Tenant's address as set forth in this Lease, or delivered personally to Owner's Broker or Tenant, and shall be deemed conclusively to have been given on the date of the mailing or personal delivery. A written notice to terminate this Lease shall be personally served on the Tenant or Owner's Broker. If the Tenant cannot be located, service shall be made by delivering the notice to any family member of such Tenant over the age of twelve (12) years residing with the Tenant. If service cannot be made on the Tenant personally or on such family member, notice shall be posted at a conspicuous place on the Premises. If the notice is posted, a copy of such notice shall be mailed to the Tenant by certified mail. If service cannot be made on the Owner's Broker personally, the notice shall be mailed to the Owner's Broker by certified mail. 26. SURRENDER. A. CONDITION. Tenant agrees that upon vacating and surrendering the Premises, all fixtures and equipment in the Premises shall be in good, clean, and operating condition, except for ordinary wear and tear. Tenant shall at the time of vacating the Premises, thoroughly clean the Premises, including, but not limited to, all appliances and removal of all trash from the Premises. Tenant shall pay for the cost of Owner having the carpet professionally cleaned in an amount not to exceed $______, or provide proof of professional carpet cleaning by a carpet cleaning service approved by Owner. If the Tenant does not complete the cleaning and removal of trash, action deemed necessary by Owner to accomplish same may be taken by Owner at Tenant's expense. B. SECURING. Upon vacating the Premises, Tenant shall lock the Premises and immediately deliver all keys and all remotes, if any, to Owner's Broker. If Tenant fails to lock the Premises and return all keys and all remotes (listed above in 22.B), Tenant agrees to pay any cost incurred by the Owner to lock the Premises, including any repairs for damage to the Premises as the result of the Tenant's failure to secure the Property, and costs to replace keys, locks and any remotes. C. PERSONAL PROPERTY. If the Tenant abandons or surrenders possession of the Premises, or has been lawfully removed from the Premises through eviction proceedings, and leaves household goods, furnishings, fixtures, or any other personal property in the Premises, the Owner may take possession of the property, and if, in the judgment of the Owner, the property has no ascertainable or apparent value, the Owner may dispose of the property without any duty of accounting or any liability to any party. Any property left with the Owner for a period of thirty (30) days or longer shall be conclusively determined to be abandoned and as such the Owner may dispose of said property in any manner deemed reasonable and proper without liability to the Tenant or any other interested party. If in the judgment of the Owner the property has an ascertainable or apparent value, the Owner shall provide written notice to the Tenant by certified mail to the last-known address that if the property is not removed within the time specified in the notice, the property will be deemed abandoned. The Owner shall be entitled to recover any costs of storage, and removal. 27. DESTRUCTION OR DAMAGE OF PREMISES. If the Premises is damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the Premises is substantially impaired, Tenant may immediately vacate the Premises and notify the Owner in writing within seven (7) days thereafter of Tenant's intention to terminate the Lease, in which case the Lease terminates as of the date of vacating. If continued occupancy is lawful, Tenant may vacate any part of the Premises rendered unusable by the fire or casualty, in which case Tenant's liability for rent is reduced in proportion to the diminution in the fair-market rental value of the Premises, as determined by Owner. Unless the fire or casualty was due to Tenant's negligence or otherwise caused by Tenant, if the Lease is terminated, the Owner shall return security deposit to Tenant with the proper accounting as required by law. Accounting for rent in the event of termination or apportionment must be made as of the date of the fire or casualty. The Owner shall withhold Tenant's security deposit if the fire or casualty was due to Tenant's negligence or otherwise caused by Tenant, with proper accounting as required by law. 28. FORECLOSURE PROCEEDING OR SHERIFF'S SALE. If the Premises become subject to a foreclosure process or tax sale, notice of said sale does not release Tenant from Tenant's obligations in this Lease nor does it authorize Tenant to withhold rent. 29. BREACH OF CONTRACT. A. In the event of default by any Tenant, every remaining signatory shall be liable for timely payment of rent and shall be bound by all the terms, conditions and covenants of this Lease whether or not they are in actual possession of the Premises. B. Should Tenant neglect or fail to perform and observe any of the terms of this Lease, Owner may deliver to Tenant written notice of the breach, specifying the acts and omissions constituting the breach of the Lease and that the Lease will terminate upon a date not less than fifteen (15) days after receipt of the notice unless remedied within ten (10) days (except in the event the breach is for failure to pay rent in which case the five (5) day statutory notice shall apply). If Tenant fails to comply with the notice, the Owner may declare Tenant in breach of the Lease and institute action to evict Tenant from the Premises without limiting the liability of Tenant for all obligations under this Lease, including the payment of rent for the Lease Term, and the payment of fees incurred by the Owner for the releasing of the Premises. C. In the event Tenant is engaged in, or otherwise allows illegal activities at the Premises; if the Tenant is disturbing his/her or their neighbors with an unreasonable noise level; if the police are called to the Premises due to any type of violent behavior; or if the Tenant has excessive traffic going in and out of the Premises, the Tenant may be given a notice to vacate, and all deposits will be forfeited. D. Illegal/Criminal Activity. Any criminal activity committed by the Tenant, or by any member of Tenant’s household, or any guest or other person under Tenant’s control is cause for immediate termination of this Lease. Additionally, any danger to the Premises that threatens the health, safety, or right of peaceful enjoyment of the location, as well as any drug-related activity on or near the Premises conducted by the Tenant or by any member of Tenant’s household, or any guest or other person under Tenant’s control is cause for immediate termination of this Lease. 30. WAIVER BY OWNER. The waiver by Owner of any breach shall not be construed to be a continuing waiver of any subsequent breach. The receipt by the Owner of the rent with the knowledge of any violation of a covenant or condition hereto shall not be considered a waiver of breach. No waiver by Owner of the provisions herein shall be deemed to have been made unless expressed in writing and signed by Owner or the Owner’s Broker. 31. CHOICE OF LAW AND FORUM. This Contract shall be governed by and construed in accordance with the laws of the State of Oklahoma, without giving effect to any choice of law or conflict of law rules or principles that would cause the application of the laws of any jurisdiction other than the State of Oklahoma. The Parties agree that any legal action brought for any disputes, claims, and causes of action arising out of or related to this Contract shall be decided in a Oklahoma State Court in the County in which the Property is located or a Federal Court having jurisdiction over the County in which the Property is located. 32. DISCLOSURE, CONFIRMATION, AND ADDENDUMS – ENVIRONMENTAL QUALITY. A. Fair Housing. Owner and the Owner’s Broker and Tenant acknowledge and agree that Owner shall lease the Premises 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 Premises was built prior to 1978. C. Parties acknowledge and confirm that broker(s) providing brokerage services to the Parties has described and disclosed their duties and responsibilities to the Parties prior to signing this Lease. The services performed and rendered by Owner’s Broker while leasing and managing the Premises for the Owner do not create a broker relationship with the Tenant. Services performed and rendered by Broker are on behalf of and for the benefit of Owner. Tenant’s Initials Tenant’s Initials D. Licensee Disclosure. Owner ☐ is ☒ is not a real estate licensee (License number and state of issuance, if applicable, ____________________________). 33. AIR QUALITY. Owner and the Owner’s Broker 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 Premises. In the event that Tenant or Tenant’s family members experience any type of respiratory problems, it is strongly recommended that Tenant have the Premises tested before occupancy. The Tenant will pay cost of such testing. 34. MOLD AND MILDEW. Mold and/or mildew can grow in any portion of the Premises exposed to elevated levels of moisture, and some forms of mold and mildew can be harmful. Tenant agrees to report to Owner 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 Premises. Owner and the Owner’s Broker shall not be responsible or liable to Tenant or Tenant’s family members or guests for any problem, including any illness or sickness that might arise from mold, mildew, and/or air quality within the Premises. By signing this Lease, Tenant agrees to hold Owner and the Owner’s Broker harmless from any mold or air quality problems, including any illness or sickness that might occur. 35. SECURITY CAMERAS. The Owner shall have the right, but not the obligation, to install security cameras on the exterior of the Property and exterior common areas, including entryways, driveways, and parking areas. 36. OTHER CONDITIONS. 37. TERMINATION OF LEASE UNDER SERVICEMEMBERS’ CIVIL RELIEF ACT (SCRA). The purpose of the Military Clause is for those military personnel that receive Permanent Change of Station (PCS) or Estimated Time of Separation (ETS) orders during the term of their lease. Orders or any notification, certification, or authorization from the Soldier’s commanding officer, are subject to verification for validity. A. Servicemembers’ Civil Relief Act: Owner agrees to comply with the Servicemembers’ Civil Relief Act, 50 U.S.C.S. App. §501 et seq. (West 2006) (the “SCRA”). Owner shall notify the court in any proceeding against Tenant that Tenant is a Servicemember entitled to rights and protections under the SCRA. B. Military Termination: Tenant may terminate this Lease upon receipt of military orders for a change of permanent station, or upon receipt of military temporary change of station orders to deploy with a military unit or as an individual in support of a military operation for a period of not less than ninety (90) days. Tenant may also terminate this Lease if, after entering into this Lease, Tenant enters military service. In any event, Tenant must deliver to Owner written notice of the termination and a copy of Tenant’s military orders or any notification, certification, or verification from the Tenant’s commanding officer with respect to Tenant’s current or future military duty status. Termination becomes effective thirty (30) days after the first date on which the next rental payment is due after Tenant delivers notice. Tenant’s right to the return of their security deposit pursuant to Paragraph 3 will apply. Owner may not withhold the security deposit as a fee or penalty for early termination, nor may Owner charge any additional amount for Tenant’s termination under this action. I/We have read and understand the terms of this Military Clause/Termination Statement. [Initial] Tenant’s Initials [Initial] Tenant’s Initials 38. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the Parties, and no promises or representations, other than those contained herein, have been made by Owner or Owner’s Broker. Any modifications to this Lease must be in writing and signed by Owner and Tenant. THE UNDERSIGNED Tenant(s) and Owner(s) or Owner’s Broker acknowledge that they have read and understand the Lease and all attachments and addendums. They also acknowledge that they have received a copy of the Lease, attachments and addendums, and the Tenant accepts the Premises in its present condition. Jeffrey Brian Hamm Tenant Signature Jamie Kay Hamm Tenant Signature Ashleigh Rosson Owner or Owner’s Broker Signature Owner or Owner’s Broker Signature OKLAHOMA REAL ESTATE COMMISSION DISCLOSURE TO LANDLORD OR TENANT OF BROKERAGE DUTIES, RESPONSIBILITIES AND SERVICES This notice may be part of or attached to any of the following: ☐ Property Management Agreement ☑ Lease/Rental Agreement 1. Duties and Responsibilities. A Broker who provides brokerage services to one or both Parties shall describe and disclose in writing the Broker’s duties and responsibilities prior to the Party or Parties signing a contract to sell, purchase, lease, option, or exchange real estate. A Broker shall have the following duties and responsibilities which are mandatory and may not be abrogated or waived by a Broker, whether working with one Party, or working with both Parties: A. treat all Parties to the transaction with honesty and exercise reasonable skill and care; B. unless specifically waived in writing by a Party to the transaction: 1) receive all written offer and counteroffers; 2) reduce offers or counteroffers to a written form upon request of any Party to a transaction; and 3) present timely all written offers and counteroffers. C. Inform, in writing, the Party for whom the Broker is providing brokerage services when an offer is made that the Party will be expected to pay certain closing costs, brokerage service costs and the approximate amount of the costs; D. keep the Party for whom the Broker is providing brokerage services informed regarding the transaction; E. timely account for all money and property received by the Broker; F. keep confidential information received from a Party or prospective Party confidential. The confidential information shall not be disclosed by a Broker without the consent of the Party disclosing the information unless consent to the disclosure is granted in writing by the Party or prospective Party disclosing the information, the disclosure is required by law, or the information is made public or becomes public as the result of actions from a source other than the Broker. The following information shall be considered confidential and shall be the only information considered confidential in a transaction: 1) that a Party or prospective Party is willing to pay more or accept less than what is being offered, 2) that a Party or prospective Party is willing to agree to financing terms that are different from those offered, 3) the motivating factors of the Party or prospective Party purchasing, selling, optioning or exchanging the property, and 4) information specifically designated as confidential by a Party unless such information is public. G. disclose information pertaining to the Property as required by Residential Property Condition Disclosure Act; H. comply with all requirements of the Oklahoma Real Estate Code and all applicable statutes and rules; I. when working with one Party or both Parties to a transaction, the duties and responsibilities set forth in this section shall remain in place for both Parties. 2. Brokerage Services provided to both Parties to the transaction. The Oklahoma Broker Relationships Law (Title 59, Oklahoma Statutes, Section 858-351 — 858-363) allows a real estate Firm to provide brokerage services to both Parties to the transaction. This could occur when a Firm has contracted with a Owner/Landlord to lease a property and a prospective Tenant contacts that same Firm to see the property. If the prospective Tenant wants to make an offer on the property, the Firm must now provide a written notice to both the Buyer and Seller that the Firm is now providing brokerage services to both Parties to the transaction. The law states that there are mandatory duties and responsibilities that must be performed by the broker for each Party. When a Broker provides brokerage services to a landlord under a property management agreement, the services provided to the Tenant by the Broker shall not be construed as creating a broker relationship with the Broker and the Tenant unless otherwise agreed to in writing; however, the Broker owes to the tenant the duties of honesty and exercising reasonable skill and care. 3. Broker providing fewer services. If a Broker intends to provide fewer brokerage services than those required to complete a transaction, the Broker shall provide written disclosure to the Party for whom the Broker is providing services. The disclosure shall include a description of those steps in the transaction that the Broker will not provide and state that the Broker assisting the other Party in the transaction is not required to provide assistance with these steps in any manner. 4. Confirmation of disclosure of duties and responsibilities. The duties and responsibilities disclosed by the Broker shall be confirmed in writing by each Party in a separate provision, incorporated in or attached to the contract to sell, purchase, lease, option or exchange real estate. I understand and acknowledge that I have received this notice on ____________________________ (Print Name) Jeffrey Brian Hamm (Signature) Jeffrey Brian Hamm (Print Name) Jamie Kay Hamm (Signature) Jamie Kay Hamm Sales Fee Agreement 1. I hereby authorize Cindy Morrison of Chinowth and Colen to show my property located at 1109 S 32nd St. Broken Arrow, OK 74014 2. In the event the property is sold, traded and/or exchanged to Jeffrey Brian Hamm & Jamie Kay Hamm within 120 days from the execution of this agreement at a price and terms acceptable to Seller, Seller agrees to pay to Chinowth and Cohen REALTORS® a commission of $2,500 flat fee % of the total sales price, payable at time of closing on execution of the lease contract on or before June 1st, 2024. 3. Seller does hereby certify and represent that he has legal authority and capacity to convey the property with all improvements and fixtures thereon by sufficient and marketable title. 4. In accordance with the Oklahoma Residential Property Condition Disclosure Act: a. Seller shall complete the Oklahoma Residential Property Disclosure Statement ("Disclosure Statement") or, if the Seller has never lived in the Property AND has NO knowledge of any defect concerning the Property, the Oklahoma Residential Property Disclaimer Statement ("Disclaimer Statement") if applicable, a copy of which is attached to and by this reference made a part of this Agreement. b. REALTOR® shall provide a copy of the Seller's Disclosure Statement or Disclaimer Statement (whichever is applicable) to potential Buyers or their Brokers. c. REALTOR® shall disclose to a potential purchaser any defects in the Property actually known to the REALTOR® which are not included in the Seller's Disclosure Statement or Seller's Disclaimer Statement. 5. Seller agrees that upon the acceptance of a contract for the sale of this property the property and sales data may be entered in the MLS Tech MLS for information purposes. 6. Broker duties and responsibilities. A. A broker shall have the following duties to all parties in a transaction, which are mandatory and may not be abrogated or waived by a broker: 1. Treat all parties with honesty and exercise reasonable skill and care; 2. Unless specifically waived in writing by a party to the transaction: a) receive all written offers and counteroffers, b) reduce offers or counteroffers to a written form upon request of any party to a transaction, and c) present timely such written offers and counteroffers; 3. Timely account for all money and property received by the broker; 4. Keep confidential information received from a party or prospective party confidential. The confidential information shall not be disclosed by a firm without the consent of the party disclosing the information unless consent to the disclosure is granted in writing by the party or prospective party disclosing the information, the disclosure is required by law, or the information is made public or becomes public as the result of actions from a source other than the firm. The following information shall be considered confidential and shall be the only information considered confidential in a transaction: a) that a party or prospective party is willing to pay more or accept less than what is being offered; b) that a party or prospective party is willing to agree to financing terms that are different from those offered; c) the motivating factors of the party or prospective party purchasing, selling, leasing, optioning, or exchanging the property; and d) Information specifically designated as confidential by a party unless such information is public. 5. Disclose information pertaining to the property as required by the Residential Property Condition Disclosure Act; and 6. Comply with all requirements of The Oklahoma Real Estate License Code and all applicable statutes and rules. B. A broker shall have the following duties and responsibilities only to a party for whom the broker is providing brokerage services in a transaction which are mandatory and may not be abrogated or waived by a broker: 1. Inform the party in writing when an offer is made that the party will be expected to pay certain costs, brokerage service costs and approximate amount of costs; and 2. Keep the party informed regarding the transaction. C. When working with both parties to a transaction, the duties and responsibilities set forth in this section shall remain in place for both parties. Ashleigh J Rosson Office Name Chinowth and Cohen REALTORS® Check to be made out to the brokerage. OKLAHOMA REAL ESTATE COMMISSION BUYER BROKER SERVICE AGREEMENT 1. Purpose of Brokerage. Buyer desires to purchase, lease, option or exchange (collectively "Purchase") real estate through the services and resources of the Broker. Broker's services may include, but not be limited to, consulting with Buyer regarding particular properties and the availability of financing; formulating acquisition and purchase agreements and receiving delivery of any offers made by Buyer and accepted by Seller. If this form is used as part of a lease or rental transaction, the term "Seller" shall be deemed to mean "Landlord", the term "Buyer" shall be deemed to mean "Tenant"; the term "gross selling price" shall be deemed to mean "total lease price" and the term "Purchase Agreement" shall be deemed to mean "Lease Agreement". 2. Buyer’s Acknowledgement. a. Buyer represents that Buyer has not signed a written brokerage agreement currently in force with another Broker. b. Buyer is not relying on Broker to determine the suitability of any desired property for the Buyer's purposes or regarding the environmental or other condition of the desired property. Broker shall not be obligated to discover latent defects in the desired property or to advise on matters outside of the scope of his/her real estate license. Broker does not make any representation or warranty with respect to the advisability of, or the legal effect of, any transaction contemplated by Buyer. Broker shall cooperate fully with any legal counsel of Buyer's choice. Broker is not an expert in matters relating to law, tax, financing, surveying, structural condition, hazardous materials, engineering or other highly specialized areas. Broker hereby advises Buyer to seek professional advice relating to these matters. 3. Duration of Agreement. This Agreement is entered into this 05/30/2024. This Agreement shall expire on the 06/30/2026. This Agreement may be canceled only by the mutual consent of the Parties in writing. Buyer agrees during the term of this Agreement, any and all inquiries and/or negotiations relating to the acquisition by the Buyer of any desired property shall be through the undersigned Broker. 4. Compensation of Broker. Broker shall be compensated in the following manner: (check only those that apply) ☐ a. Buyer shall pay Broker a retainer fee of $________ due and payable upon execution of this Agreement, which amount shall be applied towards Broker’s compensation upon closing on a transaction in which Buyer acquires Property. In all other circumstances, the payment shall be considered as a non-refundable retainer fee earned by the Broker (not applicable to VA Purchasers). ☐ b. Buyer shall pay the Broker, at closing, an amount equal to $________ or ________% of the gross selling/lease price. Buyer shall receive a credit towards the payment of Broker’s compensation in an amount equal to any payment made to the Broker by any other Broker or the Seller (not applicable to VA Purchasers). ☑ c. By acceptance of the amount of compensation offered by a Listing Broker or the Seller. ☐ d. Other: ________________________________ Unless otherwise specified above, the compensation is due and payable upon Closing. The compensation shall apply to any purchase agreements executed during the term of this Agreement, or during any extension of this Agreement. The compensation will also apply to purchase agreements executed within ________ days (or 90 days if left blank) after the expiration or other termination of this Agreement, if the property acquired was presented to Buyer through the services of Broker. If Seller fails to close with no fault on the part of Buyer, the compensation shall be waived. If the transaction does not close due to a breach of the Contract of Sale by the Buyer, the compensation shall NOT be waived and shall become immediately due and payable. 5. Cost of Services or Products Obtained from Outside Sources. Broker will not obtain or order products or services from outside sources (e.g., surveys, soil tests, title reports, inspections) without the prior consent of Buyer, unless provided by the Contract of Sale, Lease, Option or Exchange of Real Estate. Buyer agrees to pay all costs for products or services so obtained. Broker shall not be obligated to advance funds for Buyer. 6. Other Buyers. Buyer understands that other buyers may consider, make offers, or purchase through Broker the same or similar properties as Buyer is seeking to acquire. Within the same company, the Broker and their associated licensees including the licensee assisting you, often provide brokerage services to more than one buyer at the same time. Buyer’s Initials Buyer’s Initials 7. Equal Opportunity. Properties shall be shown and be made available to Buyer without regard to age, race, color, religion, sex, handicap, familial status, national origin or as may be provided by local, state or federal laws or regulations. 8. Additional Provisions. 9. Counterparts. If more than one person is named as Buyer herein, separate conforming Agreements may be executed by each Buyer individually, and when so executed, the copies taken together shall be deemed to be a full and complete agreement between the Parties. 10. Copy of Agreement. Buyer acknowledges receipt of a copy of this Agreement and a copy of the Broker Services Disclosure; also, Buyer has been given a copy of, or has been made aware that an Oklahoma Residential Sales Contract Information Booklet is available at www.orec.ok.gov. Executed by Buyer this 05/30/2024 Buyer's Address: ________________________________________________________________ Buyer's Telephone (Home) _____________________(Work) ___________________________ (Cell). Jeffrey Brian Hamm Buyer (Print) Buyer (Signature) Jamie Kay Hamm Buyer (Print) Buyer (Signature) Executed by Broker this ____________day of ________________________________________, 20__________, Chinowth & Cohen Broker (Company) Selling Broker/Associate (Signature) Telephone Buyer’s Initials Buyer’s Initials BUYERS ADDENDUM TO DISCLOSURE (6 pages) Property Address 1109 S 32nd St, Broken Arrow, OK 74014 CONTRACT GUIDE-Oklahoma/GTAR Contract Information Booklet I/We have received a copy of the Oklahoma/GTAR Contract Information Booklet. I/We have read, understand and accept the Oklahoma/GTAR Contract Information Booklet, contract provisions, and other pertinent information. EQUAL OPPORTUNITY IN HOUSING Pamphlet The National Association of REALTORS® and the US Department of Housing and Urban Development entered into a Fair Housing Partnership on December 5, 1996. It is the policy of Chinowth & Cohen Realtors® LLC. and its associates to fully endorse this partnership. In the event any buyer or seller refuses to adhere to this partnership, Chinowth & Cohen Realtors® LLC will not participate by representation or by providing services. I/We have received a copy, read, understand and accept the “What Everyone Should Know about Equal Opportunity in Housing”. AFFILIATED BUSINESS RELATIONSHIP DISCLOSURE Inasmuch as Chinowth & Cohen Realtors® LLC. (Broker), is truly a full -service Real Estate provider, and believes that our clients deserve the very best service in every phase of the transaction, we take great pleasure in offering what we believe are top quality Affiliated Businesses for your complete satisfaction in the home buying or selling process, by referral to the following businesses: Home Team Lending, LLC for your mortgage needs; American Eagle Title & Abstract, LLC or one of its affiliates listed on Exhibit A attached hereto (“AETA”) for your abstracting needs; and Elite Title Services, LLC for your title examination, underwriting, lender cooperation, closing documentation and conducting the actual close of the sale at one of our several locations around the greater Tulsa area. By Affiliated Businesses we mean that Chinowth & Cohen Realtors®, LLC has either a direct or an indirect ownership interest in Home Team Lending, LLC, AETA and Elite Title Services, and a referral to them may provide Chinowth & Cohen Realtors®, LLC a financial or other benefit. Set forth on the reverse are the estimated charges or ranges of charges for the settlement services offered by the Affiliated Businesses. YOU DO NOT HAVE TO USE ANY OF THE AFFILIATED BUSINESSES. OTHER PROVIDERS MAY BE AVAILABLE. YOU ARE FREE TO SHOP AROUND TO INSURE YOU RECEIVE THE BEST SERVICE AT THE BEST RATES. Be assured, however, that whether you choose any of our Affiliated Businesses or not, Chinowth & Cohen Realtors, ® LLC will endeavor to obtain or cooperate with whatever settlement service providers you choose, to assure you the finest quality of representation throughout the sales process, to the best of our abilities. Initial to USE OR NOT to use one option on each line below. For this transaction I/We choose: OR NOT to use Home Team Lending, LLC. OR NOT to use Elite Title Services. OR NOT to use American Eagle Title & Abstract, LLC. Chinowth & Cohen Realtors Buyer/s Addendum to Disclosure ADVERTISING AND INTERNET WAIVER AND RELEASE Buyer agrees that any representation of the listed property on any social media other than on its official MLS listing documentation is not guaranteed to be accurate or reliable and is wholly gratuitous on that media and should be confirmed as to accuracy upon contacting Broker’s authorized agent. Buyer hereby agrees to release and hold harmless, its officers, directors, Chinowth & Cohen Realtors, LLC managers, employees, associates, affiliates, agents, and representatives from any and all claims, demands, charges, or liabilities of any nature whatsoever arising directly or indirectly from occurrence of any of the above action of “Broker”, or other unauthorized or unofficial source. CHINOWTH & COHEN REALTORS® LLC, MUTUAL UNDERSTANDING AND AGREEMENT REGARDING SELLER’S PROPERTY CONDITION DISCLOSURE HOLD HARMLESS Buyer is advised that in accordance with Rules and Regulations promulgated by the Oklahoma Real Estate Commission, it is Seller’s sole duty and responsibility to make any, and all required disclosures regarding the “Property” (as described below) In the form of the “Disclosure” attached hereto or incorporated as a separate document herewith. THE OBLIGATION TO ACCURATELY AND THOROUGHLY COMPLETE THE SELLER’S DISCLOSURE IS THAT OF THE SELLER AND ONLY THE SELLER, AND NOT BY ANY REAL ESTATE LICENSEE. IT IS NOT PROVIDED AS A GUARANTEE OR WARRANTY OF ANY KIND AND IS NOT A SUBSTITUTE FOR ANY INSPECTION, OR PROFESSIONAL ADVICE. THE DISCLOSURE BASED ONLY UPON SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY’S CONDITION AT THE TIME OF COMPLETING THE FORM. SELLER’S CAN DISCLOSE ONLY WHAT THEY ACTUALLY KNOW OR COULD DISCOVER ACTING IN A REASONABLY DILIGENT MANNER. THE DISCLOSURE IS NOT A CONTRACT AND IS NOT TO BE TREATED AS SUCH. SHOULD SELLER BECOME AWARE OF ANY ANSWER BEING INACCURATE OR INCORRECT, SELLER MUST MODIFY THE DISCLOSURE TO REFLECT SAME OR NOTIFY A BUYER, WHICHEVER, IS APPLICABLE AT THAT TIME. Buyer does hereby acknowledge that Chinowth & Cohen Realtors® LLC, its agents, managers, officers, directors, and employees, (“Broker”) are not aware of any information contrary to Seller’s information provided therein, and that Broker has no duty to Inspect, evaluate or inquire as to the accuracy of any information provided by Seller on such Disclosure. Nonetheless, if and only in the event If, (“Broker”) does learn of any actual and in fact error or omission in said disclosure, that Broker must so disclose same to Buyer. Further, it is mutually understood and agreed that Buyer understands and acknowledges that any claim may have as a result of the failure of Seller’s responsibility defined herein may be instigated against and only against Seller, and that Buyer may be responsible for Broker’s expenses, including but not limited to, loss, cost, filing, and attorney’s fees resulting from including Broker in any such claim or cause of action. Buyer understands that it, and it alone, in accordance with Section 7 of the Contract of Sale, is solely responsible to obtain whatever Inspections, investigations and inquiry to determine the suitability of the Property for the purposes intended, and that any assistance of Broker is strictly gratuitous in nature, and In that regard Is not, nor shall be, intended to replace the obligations or either Seller or Buyer hereunder. Buyer/s hereby acknowledges that they fully and completely understand and agree with the contents and ramifications stated above. WIRE FRAUD ADVISORY FORM/CYBER CRIME – (required to be signed) See OREC Form See OREC Form (Wire Fraud Advisory) attached hereto and incorporated by reference herewith. ATTACHMENTS TO THE PROPERTY Unless specifically excluded by Seller in writing in the contract, all attached fixtures, window coverings, gas logs, mirrors, mailboxes, pool equipment and other similar items as described in Section (4) of the residential real estate contract, are contracted to remain with the property when it sells and are, then part of the agreement, regardless of MLS listing information. Conversely, other items (such as refrigerator, washer & dryer, and other portable appliances or items) will not be included in the sale unless specifically added by Buyer in writing in the contract, even if present on the property at times of property showings. NON- FOREIGN SELLER DISCLOSURE Seller represents that at the time of this listing agreement, Seller is not a "foreign person" as such term is defined in the Foreign Investments in Real Property Tax Act of 1980. If either the sales price of the property exceeds $300,000.00 or the buyer does not intend to use the property as a primary residence, then at the closing, Seller shall furnish to buyer an affidavit, in a form and substance acceptable to Buyer, signed under penalty of perjury containing Seller's United States Social Security and/or taxpayer identification numbers and a declaration to the effect that Seller is not a foreign person. HOMEOWNERS ASSOCIATION In accordance with state law, if the property is located within and controlled by covenants and restrictions, rules and regulations governed by a Homeowner’s Association (HOA), Buyer should obtain a copy of all of said documents for its review in determining if the property is acceptable for use by Buyer for its intended purposes. The information is to be provided by the title/escrow company designated by the buyer for closing and buyer has agreed to obtain same, from that source and not through Chinowth & Cohen Realtors, LLC. Buyer agrees to communicate with seller to obtain that documentation, and release and hold harmless Chinowth & Cohen LLC., officers, agents, and managers from said responsibility. SECURITY SYSTEMS Security systems are not always owned. Seller may have signed an agreement to have the system monitored for a period of several years. If Seller LEASES OR SELLS the house and stops paying the fee, the security company may have the right to take the system back. If it is unclear whether the system is owned or leased, Seller must find out for sure and indicate this on the Residential Property Disclosure. INSPECTIONS Chinowth & Cohen Realtors® LLC., recommends that every buyer do all inspections. The undersigned Buyers acknowledge that the Contract of Sale which they have executed provides that it is the Buyers’ responsibility, at the Buyers’ option and expense, to obtain inspections to be performed by inspectors of the Buyers’ choice and at the Buyers’ expense. If the Buyer fails to obtain the inspections or fails to give proper notice within the time required in the Contract of Sale, Buyers WILL WAIVE ANY OBJECTION they have to the property which would have been disclosed by such an inspection and the Buyers shall proceed to closing. As a service to the Buyers, Chinowth & Cohen Realtors ® LLC. may provide a selection of companies and individuals for different services who have been used in the past by a number of buyers and sellers. It is not our intent or desire to recommend any company or individual, or to exclude any company or individual offering such services, nor do we guarantee the performance or quality of their services. Rather, we are providing this information solely for you, your consideration and evaluation. It is your responsibility to contact any company or individual which you may select to provide such service. You may wish to contact any available source of information for the name of suppliers of such services. Chinowth & Cohen Realtors Buyer/s Addendum to Disclosure I/We hereby agree to hold harmless Chinowth & Cohen REALTORS® LLC, it's officers, directors, managers, employees, associates, affiliates, and representatives from and all claims, demands, charges, or liabilities of any kind or nature whatsoever, real or speculative, directly or indirectly, from occurrence of any of the above action of Broker. Initial one option below: [ ] [ ] Buyer/s Initials OR [ ] [ ] Buyer/s Initials OR [ ] [ ] Buyer/s Initials I/We, the Buyer(s) authorize Chinowth & Cohen Realtors ® LLC representative to arrange the services of inspection companies of our choice. I/We, the Buyer(s) will make our own arrangements to arrange the services of inspection companies of our choice. I/We, the Buyer(s) acknowledge our right and responsibility to do inspections but choose not to do so. PREVIOUS INSPECTION REPORTS Inspection reports issued on behalf and for the benefit of a previous prospective Buyer for a property may be provided to you as a buyer. These reports are supplied to you for informational purposes only and no representation either expressed or implied is made as to the accuracy or benefit to you or your decision to purchase. SQUARE FOOTAGE I/we acknowledge that information provided to me from other sources, including, but not limited to, square footage estimates from prior appraisals, builder’s plans or courthouse tax records may be materially inaccurate due to various causes such as alterations to the property or errors in the methods used to calculate the information given. Square footage information provided is for the purpose of marketing, may not be exact and is NOT suitable for loan application, valuation, or any other purpose. I/we acknowledge that the offer being made to purchase this property is based on our personal viewing and opinion of the property and does not rely upon any information except as specifically contained in the Real Estate Purchase Contract. I/we acknowledge that the Listing and Selling Brokers and /or Associates Involved in the transaction do not warrant or make a representation concerning the accuracy of any information from third parties and acknowledge receipt of this information disclosure. SQUARE FOOTAGE FROM APPRAISAL COMPANIES AS WELL AS COURT HOUSE SQUARE FOOTAGES VARY. PRECISE MEASUREMENTS ARE DIFFICULT TO ASSESS AND THEREFORE SQUARE FOOTAGE MAY VARY AMONG APPRAISAL COMPANIES AS WELL AS COURT HOUSE RECORDS Initial one option below: [ ] [ ] Buyer/s Initials OR [ ] [ ] Buyer/s Initials The value of this property is not being determined by square footage alone. Buyers will not be having a square footage measurement done because square footage is not important in determining value vs. the amenities of this property. Square footage is important in the purchase of this property and buyers will have a square footage measurement done within the first few days of the inspection period. Continues on page 5. County-By-County Listing of Affiliates of American Eagle Title & Abstract <table> <tr> <th>County</th> <th>Name of Affiliate</th> </tr> <tr> <td>Atoka</td> <td>Southern Oklahoma Abstract and Title, Inc.</td> </tr> <tr> <td>Canadian</td> <td>American Eagle Abstract of Cleveland County, LLC</td> </tr> <tr> <td>Cleveland</td> <td>American Eagle Abstract of Cleveland County</td> </tr> <tr> <td>Coal</td> <td>American Eagle Title Insurance Company dba Coal County Abstract</td> </tr> <tr> <td>Creek</td> <td>American Eagle Title Insurance Company dba Union-Creek Abstract Company</td> </tr> <tr> <td>Delaware</td> <td>Oklahoma Digital Abstracting, LLC dba Delaware County</td> </tr> <tr> <td>Johnston</td> <td>Tishomingo Abstract & Escrow, LLC dba Tishomingo Abstract Company</td> </tr> <tr> <td>Lincoln</td> <td><i>American Eagle Title Group, LLC dba Lincoln County Title</i></td> </tr> <tr> <td>Logan</td> <td>Jelsma Abstract Company dba Logan County Abstract Company</td> </tr> <tr> <td>Oklahoma</td> <td><i>American Eagle Title Insurance Company</i></td> </tr> <tr> <td>Okmulgee</td> <td><i>American Eagle Title Group, LLC</i></td> </tr> <tr> <td>Osage</td> <td>United Title Holding Co., LLC dba <i>American Eagle Abstract of Osage County, LLC</i></td> </tr> <tr> <td>Rogers</td> <td>Oklahoma Digital Abstracting, LLC dba <i>American Eagle Abstract Rogers County</i></td> </tr> <tr> <td>Wagoner</td> <td>Oklahoma Digital Abstracting, LLC dba <i>American Eagle Abstract of Wagoner County</i></td> </tr> </table> Continues on page 6. Chinowth & Cohen Realtors Buyer/s Addendum to Disclosure AMERICAN EAGLE ABSTRACT UNIFORM ABSTRACT CERTIFICATION Surface Abstract Certification-Continuation Time Period: All Platted Cost: $550.00 Unplatted Cost: $550.00 Surface Abstract Certification-From Sovereignty Time Period: All Platted Cost: $700.00 Unplatted Cost: $850.00 Surface Abstract Certification-Supplemental Time Period: All Platted Cost: $550.00 Unplatted Cost: $550.00 Surface Abstract Certification-Recertification Platted Cost: $550.00 Unplatted Cost: $550.00 <table> <tr> <th>Elite Title: Fee Name</th> <th colspan="2">Fee</th> <th colspan="3"></th> <th>Note</th> </tr> <tr> <th></th> <th>Buyer<br>Cash</th> <th>Buyer<br>Mortgage</th> <th>Seller</th> <th>Refi</th> <th></th> <th></th> </tr> <tr> <td>Closing Fee</td> <td>$350</td> <td>$350</td> <td>$350</td> <td>$250</td> <td></td> <td>$300 if we represent both sides</td> </tr> <tr> <td>Abstracting</td> <td></td> <td></td> <td>$550</td> <td>$550</td> <td></td> <td>Estimate as this charge varies between counties & abstractors</td> </tr> <tr> <td>Doc Preparation Fee</td> <td></td> <td></td> <td>$85</td> <td>$85</td> <td></td> <td></td> </tr> <tr> <td>E-Filing fees</td> <td>$5</td> <td>$10</td> <td></td> <td>$5</td> <td></td> <td>Estimated - $5 per document, if applicable</td> </tr> <tr> <td>Final Title Search</td> <td>$275</td> <td>$275</td> <td></td> <td>$275</td> <td></td> <td></td> </tr> <tr> <td>Government Doc Stamps</td> <td>TBD</td> <td></td> <td>TBD</td> <td></td> <td></td> <td>Rate is $.075 per $500 of purchase Price</td> </tr> <tr> <td>Government Filing Fees</td> <td>TBD</td> <td>TBD</td> <td>TBD</td> <td>TBD</td> <td></td> <td>Estimated - Fees are $18 1st Pg. & $2 per pg. thereafter</td> </tr> <tr> <td>Lender's Title Insurance</td> <td>TBD</td> <td>TBD</td> <td>TBD</td> <td>TBD</td> <td></td> <td>Call for quote as fee is directly related to mortgage amount</td> </tr> <tr> <td>Owner's Title Insurance</td> <td>TBD</td> <td>TBD</td> <td></td> <td></td> <td></td> <td>Call for quote as fee is directly related to mortgage amount</td> </tr> <tr> <td>Post-Closing and Policy Preparation</td> <td>$200</td> <td>$300</td> <td></td> <td>$200</td> <td></td> <td></td> </tr> <tr> <td>Survey or Mortgage Inspection Certificate</td> <td></td> <td></td> <td>$175</td> <td></td> <td></td> <td>Estimated as this charge varies between counties</td> </tr> <tr> <td>Title Binder Fee</td> <td>$125</td> <td>$125</td> <td></td> <td></td> <td></td> <td></td> </tr> <tr> <td>Title Examination</td> <td>$350</td> <td>$350</td> <td></td> <td>$200</td> <td></td> <td></td> </tr> <tr> <td>UCC</td> <td></td> <td></td> <td>$90</td> <td></td> <td></td> <td></td> </tr> <tr> <td>Wire Fee</td> <td></td> <td></td> <td>$45</td> <td>$45</td> <td></td> <td>If Applicable</td> </tr> </table> *Please note, this is a standard list of fees. Additional charges may apply depending on the title requirements. Title Insurance for the buyer is calculated on the Purchase Price or Loan Amount, whichever is greater. Mortgage fees are dependent on loan terms. SIGNATURE/S REQUIRED Signature of Buyer [Signature] Date _______________________ Signature of Buyer [Signature] Date _______________________ OKLAHOMA REAL ESTATE COMMISSION This is a legally binding Contract if not understood, seek advice from an attorney ADDENDUM This Addendum, which is attached to and is part of the Lease Contract between Ashleigh Rosson ("Seller") and Jeffery Brian Hamm and Jamie Kay Hamm ("Buyer") relating to the following described real estate located in Tulsa County, Oklahoma, at: (Legal Description or Property Address) OAK CREEK SOUTH LOT S BLK 10 1109 South 32nd Street, Broken Arrow, OK 74014 LEASE TERMS Tenant has the right to perform inspections during 10 business days (starting June 5th, 2024 and ending June 18th, 2-24) but agrees with the landlord to no repairs and taking the property "as is". Landlord agrees to remove all furniture and personal items but leave all appliances (including but not limited to the fridge, washer, dryer & dishwasher) prior to tenant moving in on July 1st, 2024. Tenant will occupy the residence July 1st, 2024 and $46 daily pro-rated rent if earlier move-in is arranged. Both seller and buyer agree the buyer will pay a nonrefundable deposit of $2,500 by June 15th, 2024 which will be credited to the purchase price of the home on or before July 1st, 2026. If not purchased in 2026, seller keeps the deposit. Landlord can't enter the residence without giving the tenant 24 hour notice starting July 1st, 2024. Payment will be $1400/mo beginning July 1, 2024 through June 30th, 2026 as outlined in the lease agreement. Check or money order will be payable to the landlord each month. Landlord and tenant agree that 90% of the $1,400 each month will go toward the price of the home. Agreed upon purchase price between both parties is below. Landlord required to have home owner's insurance and tenant will get renter's insurance to cover personal belongings. Tenant to pay all utilities. Tenant to pay home repairs not to exceed $300 per month. Above $300 or things covered by insurance will be paid by the landlord/landlord's insurance during the lease period. (Page one of 2 page lease supplemental) All other terms and conditions of the Contract and, if included, the Financing Supplement Agreement shall remain the same. OKLAHOMA REAL ESTATE COMMISSION This is a legally binding Contract if not understood, seek advice from an attorney ADDENDUM This Addendum, which is attached to and is part of the ___________________________ Lease ___________________________ Contract between ___________________________ Ashleigh Rosson ("Seller")and ___________________________ Jamie Kay Hamm and Jeffrey Brian Hamm ("Buyer") relating to the following described real estate located in ___________________________ Tulsa County, Oklahoma, at: (Legal Description or Property Address): ___________________________ OAK CREEK SOUTH LOT 5 BLK 10 1109 South 32nd Street, Broken Arrow, OK 74014 HOME SALES TERMS Agreed upon sales price by both buyer and seller is $241,500 and will be executed by both parties on or before July 1st, 2026. If all payments are made for those 24 months with 90% of the $1,400 going toward the lease to purchase ($30,240) plus $2,500 initial deposit, the sales price will be $208,760 on July 1st, 2026. Buyer can remain in the home under the lease agreement until June 30th, 2026. Buyer has the right to buy the home outright prior to that date. If buyer wants to purchase home early (prior to July 1st, 2026), 90% of the all of payments up to that point plus initial $2,500 deposit will be applied to the purchase price of $241,500. At the point, if the buyer wants to buy the property early or on the July 1st, 2026, the buyer will need to secure a mortgage at least 30 days before. If that can't be done, the terms of the sale can be renegotiated along with an extended lease. If lease is extended not more than a year, 90% of all lease payments past, present and future plus deposit will still be credited toward the $241,500 purchase price. If the buyer and seller cannot come up with a renegotiated contract that is satisfactory to both parties, a temporary month-to-month lease will be put into place and the buyer agrees to 24 hour notice for showings for the seller to put it back on the market and another party to purchase. Buyer agrees to keep the home in "like condition" of when the lease started in June 128th, 2024 and clean for these showings. (Page two of 2 page lease supplemental) All other terms and conditions of the Contract and, if included, the Financing Supplement Agreement shall remain the same. OKLAHOMA REAL ESTATE COMMISSION This is a legally binding Contract; if not understood, seek advice from an attorney. TENANCY GUIDELINES RESPONSIBILITIES FOR THE CARE OF THE PREMISES Tenant shall be responsible for the following items and for other Tenant damage not listed below: a. Keeping the Premises clean and sanitary inside and out, and in good order and condition. b. Watering, mowing, edging, trimming shrubs, and weeding flowerbeds as required for proper care and maintenance. Exceptions: c. Neither defacing nor damaging the walls, woodwork, or any part of the Premises. d. Immediately reporting to Owner/Owner's Broker Items needing repair. e. Paying Owner/Owner's Broker upon demand for damage to Premises because of failure to report a problem in a timely manner. f. Paying Owner/Owner's Broker upon demand for cost to repair, replace, or rebuild any portion of the Premises damaged whether through act or negligence by the Tenant, Tenant’s guest, or invitees. g. Paying Owner/Owner's Broker upon demand for damage caused by rain or wind because of leaving windows or doors open, or lawn hoses left connected resulting in freezing damage. h. No Smoking: Tenant agrees that smoking in the Premises is not permitted, and should smoke damage occur due to Tenant, Tenant's employees, or Tenant’s visitors smoking within the dwelling, agrees to pay the cost of having Premises painted, walls washed, interior deodorized, and carpets and draperies professionally cleaned, and any other cost to repair smoke damage. i. Locks: If Tenant changes the locks, Tenant shall furnish the keys to Owner/Owner's Broker within five (5) days, or pay the cost of a locksmith to make a set of keys. All keys and garage door openers must be returned the day of vacating the Premises. If Tenant fails to return the keys and garage door openers (in working order), Tenant agrees to pay the cost to re-key the Premises and to replace garage door openers. j. Window Coverings: Owner/Owner's Broker shall provide window coverings on most windows. Tenant may hang draperies or drapery hardware on any sheet rocked/painted walls. Only tension-type rods are to be used on any windows or walls where wallpaper or wood trim exists, and no aluminum foil or sun screening film is permitted. k. Security System: If the leased property contains a security system, monitoring is optional. Should Tenant choose to have the system monitored, Tenant is responsible for set up, obtaining the proper permit (if required) and payment of the service. Tenant is also responsible for payment of any false alarm penalties. l. Antennas: no radio or television wires, antennas, or satellite dishes are allowed In or about the Premises without written permission of the Owner/Owner's Broker. RESPONSIBILITIES FOR THE CARE OF THE PREMISES Tenant shall be responsible for the following: a. Maintaining hardwood floors as follows: b. Changing the furnace/air conditioner filter at least once every three (3) months. c. Replacing burned out light bulbs: Incandescent, compact fluorescent (CFL) or fluorescent, d. Any breaking, damaging, destruction and/or soiling caused by acts of the Tenant or by Tenant’s employees, agents, visitors or pets. In the event of vandalism or burglary, Tenant agrees to pay all repair costs, regardless of the circumstances of breakage, unless Tenant, at Tenant's expense, supplies Owner/Owner's Broker with a copy of the police report. e. Exterminating ant, rodents, fleas, cockroaches, spiders, and other insects and pests. f. Using plunger on clogged toilets and drains before calling Owner/Owner's Broker. g. Paying Owner/Owner's Broker upon demand for unnecessary worker service calls. h. Under no circumstances is Tenant to perform any electrical, gas line, or water line repairs. i. Tenant agrees to pay a trip charge of $____25_____ in the event of a breach of this Lease Agreement requiring a trip to the Premises by the Owner/Owner's Broker. j. Tenant agrees to be responsible for, at Tenant's expense, stoppage of sewage services due to Tenant's misuse of same, and for broken pipes due to freezing (if a water cut-off has been provided). k. Tenant agrees to be responsible for ordinary maintenance such as changing of air-conditioning filters and repairing damaged air-conditioners due to lack of filters, clogged filters, dirty coils, and/or an obstruction around the air-conditioning unit. l. Tenant agrees that they will properly operate all appliances and mechanical equipment. m. Tenant agrees that they will not stack or lay firewood or logs of any kind in close proximity to the house SMOKE DETECTORS Tenant has received instruction on the care and operation of smoke detector, and has an understanding of how to operate and care for the smoke detector. Tenant agrees to test the smoke detector at least once a week. If the detector is battery powered, Tenant agrees to replace the battery as needed. After replacing the battery, if the smoke detector still does not work, Tenant agrees to inform Owner/Owner's Broker immediately in writing. If the detector is not battery powered, Tenant agrees to inform Owner/Owner's Broker immediately of any malfunction. CARBON MONOXIDE DETECTORS Tenant may install carbon monoxide detector(s). If detector(s) is battery operated, Tenant agrees to test the detector(s) once a week and replace batteries as needed. MOTOR VEHICLES, BOATS, ETC. No more than 3 motor vehicles may be kept on or near the Premises. No motor coach, trailer, camper, boat, or other recreational vehicles shall be parked on or near the Premises. No commercial vehicles in excess of ¾ tons may be parked on or near the Premises. Tenant shall not perform vehicular repairs on, in, or in front of the Premises. Vehicles shall not be parked, repaired, or washed on the lawn. Vehicles leaking fluids, oil, brake fluid, transmission fluid, gasoline, and battery chemicals shall not be allowed on the Premises. Inoperative and unregistered vehicles shall not be parked on, in, or in front of Premises. Tenant agrees to pay for towing of any vehicle that is in violation of this paragraph. COLD WEATHER INSTRUCTIONS The cold winter season requires special precautionary measures for maintaining the property. In order to prepare you for sudden changes that are bound to occur each year, please read the following suggestions carefully: 1. Monitor local weather reports for freeze warnings. 2. Leave the heat on at all times. If you are away from the Premises for an extended time, do not leave the thermostat under 60 degrees. 3. If the forecast calls for temperatures of 25 degrees or lower, open all sink and vanity cabinets in your home. This will allow warm air to circulate around the pipes. Open hot and cold faucets enough to allow the water to drip continuously. 4. Remove all hoses from outside faucets. 5. Become familiar with your nearest water cut-off valve in case of emergency. WINTER LAWN CARE All lawns and foundations must be watered in the winter as well as the summer, unless the local area has received sufficient to excessive moisture. Be sure plants, shrubs, and the foundation continue to receive water during the winter season. Address all maintenance requests to: Ashleigh J. Rosson The undersigned Tenant(s) acknowledges having read and understood the above and agree to comply with the Tenancy Guidelines. Tenant Jeffrey Brian Ahrens Tenant Jiawinng Chen Tenant [blank] Dated: ____________________________ Dated: ____________________________ Dated: ____________________________ Tenant Initials ____________________ Tenant Initials ____________________ Tenant Initials ____________________ Greater Tulsa Association of REALTORS® This is a legally binding Contract; if not understood seek advice from an attorney. LEASING - ACKNOWLEDGMENT AND CONFIRMATION OF DISCLOSURES Prior to entering into Contract, the following items (as applicable) have been disclosed and/or delivered and hereby confirmed: Tenant acknowledges and confirms that the Broker providing brokerage services to the Tenant has described and disclosed their duties and responsibilities to the Tenant prior to the Tenant signing this Contract. ☑ (Applicable for in-house transactions only) Tenant acknowledges and confirms that the broker is providing brokerage services to both parties to the transaction prior to the parties signing this Contract. Tenant acknowledges receipt of Residential Leasing Property Condition Disclosure or Disclaimer Form (as applicable to residential real property improved with not less than one nor more than two dwelling units) pursuant to Title 60 O.S., Section 831-839: ☑ Tenant has received a Residential Leasing Property Condition Disclosure Statement Form (completed and signed by the Owner/Landlord) and dated within 180 days of receipt. ☐ Tenant has received a Residential Leasing Property Condition Disclaimer Statement Form (completed and signed by the Owner/Landlord) and dated within 180 days of receipt. ☐ This transaction is exempt from disclosure requirements pursuant to Title 60, O.S., Section 838. ☐ Disclosure not required under the Residential Leasing Property Condition Disclosure Act. Tenant acknowledges receipt of Lead-Based Paint/Hazards Disclosures with Appropriate Acknowledgment (if property constructed before 1978) ☐ Tenant has signed the "Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards" form, which has been signed and dated by Owner/Landlord and applicable Licensee(s), and has also received a copy of the Lead-Based Paint Pamphlet titled "Protect Your Family From Lead in Your Home." ☑ Property was constructed in 1978 or thereafter and is exempt from this disclosure. ☐ The subject of this transaction is not a residential dwelling and does not require a disclosure on Lead-Based Paint/Hazards. Tenant acknowledges and confirms the above and acknowledges that a Landlord and Tenants You Need to Know! form has been made available to the Tenant in print, or at www.orec.ok.gov. Tenant Name (Printed): Jeffrey Brian Hamm Tenant Name (Printed): Jamie Kay Hamm Tenant Signature: Jeffrey Brian Hamm Tenant Signature: Jamie Kay Hamm Dated: ____________________________ Dated: ____________________________ Owner/Landlord acknowledges and confirms that the Broker providing brokerage services to the Owner/Landlord has described and disclosed their duties and responsibilities to the Owner/Landlord prior to the Owner/Landlord signing this Contract. ☑ (Applicable for In-house transactions only) Owner/Landlord acknowledges and confirms that the broker is providing brokerage services to both parties to the transaction prior to the parties signing this Contract. Owner/Landlord further acknowledges receipt of the Landlord and Tenants You Need To Know! form which has been made available to the Owner/Landlord in print, or at www.orec.ok.gov. Owner/Landlord Name (Printed): Ashleigh J. Rosson Owner/Landlord Signature: Ashleigh Rosson Dated: ____________________________ Owner/Landlord Name (Printed): ____________________________ Owner/Landlord Signature: ____________________________ Dated: ____________________________ APPENDIX A. RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT Notice to Seller: Oklahoma Law (the "Residential Property Condition Disclosure Act," Title 60, O.S., §831 et.seq., effective July 1, 1995) requires Sellers of 1 and/or 2 residential dwelling units to complete this form. A Seller must complete, sign and date this disclosure form and deliver it or cause it to be delivered to a purchaser as soon as practicable, but in any event no later than before an offer is accepted by the Seller. If the Seller becomes aware of a defect after delivery of this statement, but before the Seller accepts an offer to purchase, the Seller must deliver or cause to be delivered an amended disclosure statement disclosing the newly discovered defect to the Purchaser. If the disclosure form or amendment is delivered to a Purchaser after an offer to purchase has been made by the Purchaser, the offer to purchase shall be accepted by the Seller only after a Purchaser has acknowledged receipt of this statement and confirmed the offer to purchase in writing. Notice to Purchaser: The declarations and information contained in this disclosure statement are not warranties, express or implied of any kind, and are not a substitute for any inspections or warranties the Purchaser may wish to obtain. The information contained in this disclosure statement is not intended to be a part of any contract between the Purchaser and Seller. The information and statements contained in this disclosure statement are declarations and representations of the Seller and are not the representations of the real estate licensee. "Defect" means a condition, malfunction, or problem that would have a materially adverse effect on the monetary value of the property, or that would impair the health or safety of future occupants of the property. 59 O.S. Section 832(9). LOCATION OF SUBJECT PROPERTY ____________________________________________________________ 1109 South 32nd Street, Broken Arrow, OK 74014 SELLER IS ☑ IS NOT ☐ OCCUPYING THE SUBJECT PROPERTY. Instructions to the Seller: (1) Answer ALL questions. (2) Report known conditions affecting the property. (3) Complete this form yourself. (4) If an item is not on the property, or will not be included in the sale, mark "None/Not Included." If you do not know the facts, mark "Do Not Know if Working." (5) The date of completion by you may not be more than 180 days prior to the date this form is received by a purchaser. ARE THE ITEMS LISTED BELOW IN NORMAL WORKING ORDER? <table> <tr> <th>Appliances/Systems/Services (Continued on Page 2)</th> <th>Working</th> <th>Not Working</th> <th>Do Not Know if Working</th> <th>None/Not Included</th> </tr> <tr><td>Sprinkler System</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Swimming Pool</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Hot Tub/Spa</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Water Heater ☑️ Electric ☐ Gas ☐ Solar</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Water Purifier</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Water Softener ☐ Leased ☐ Owned</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Sump Pump</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Plumbing</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Whirlpool Tub</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Sewer System ☑️ Public ☐ Septic ☐ Lagoon</td><td></td><td></td><td>☑️</td><td></td></tr> <tr><td>Air Conditioning System ☑️ Electric ☐ Gas ☐ Heat Pump</td><td></td><td></td><td>☑️</td><td></td></tr> <tr><td>Window Air Conditioner(s) replaced 2016 outside fan window</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Attic Fan</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Fireplaces cleaned last year not used</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Heating System ☐ Electric ☑️ Gas ☐ Heat Pump</td><td></td><td></td><td>☑️</td><td></td></tr> <tr><td>Humidifier</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Ceiling Fans</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Gas Supply ☑️ Public ☐ Propane ☐ Butane</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Propane Tank ☐ Leased ☐ Owned</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Electric Air Purifier</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Garage Door Opener</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Intercom</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Central Vacuum</td><td></td><td></td><td></td><td>☑️</td></tr> <tr><td>Security System ☐ Leased ☐ Owned ☐ Monitored ☐ Financed</td><td></td><td></td><td></td><td>☑️</td></tr> </table> Buyer's Initials JBH Buyer's Initials JKH Seller's Initials Seller's initials LOCATION OF SUBJECT PROPERTY 1109 South 32nd Street, Broken Arrow, OK 74014 Appliances/Systems/Services (Continued from Page 1) <table> <tr> <th></th> <th>Working</th> <th>Not Working</th> <th>Do Not Know If Working</th> <th>None/Not Included</th> </tr> <tr> <td>Smoke Detectors</td> <td></td><td></td><td>x</td><td></td> </tr> <tr> <td>Dishwasher</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Electrical Wiring</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Garbage Disposal</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Gas Grill</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Vent Hood</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Microwave Oven</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Built-in Oven/Range</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Kitchen Stove</td> <td>x</td><td></td><td></td><td></td> </tr> <tr> <td>Trash Compactor</td> <td></td><td></td><td>x</td><td></td> </tr> <tr> <td>Solar Panels & Generators [Leased] [Owned] [Financed]</td> <td></td><td></td><td></td><td></td> </tr> <tr> <td>Source of Household Water [Public] [Well] [Private/Rural District]</td> <td>x</td><td></td><td></td><td></td> </tr> </table> IF YOU ANSWERED Not Working to any Items on pages 1 and 2, please explain. Attach additional pages with your signature. Zoning and Historical 1. Property is zoned: (Check One) [x] residential [ ] commercial [ ] historical [ ] office [ ] agricultural [ ] industrial [ ] urban conservation [ ] other [ ] unknown [ ] no zoning classification 2. Is the property designated as historical or located in a registered historic district or historic preservation overlay district? [ ] Yes [x] No [ ] Unknown Flood and Water 3. What is the flood zone status of the property? x 4. Are you aware if the property is located in a floodway as defined in the Oklahoma Floodplain Management Act? [ ] Yes [x] No 5. Are you aware of any flood insurance requirements concerning the property? 6. Are you aware of any flood insurance on the property? 7. Are you aware of the property being damaged or affected by flood, storm run-off, sewer backup, draining or grading defects? 8. Are you aware of any surface or ground water drainage systems which assist in draining the property, e.g. "French Drains?" [x] 9. Are you aware of any occurrence of water in the heating and air conditioning duct system? 10. Are you aware of water seepage, leakage or other draining defects in any of the improvements on the property? Additions/Alterations/Repairs (Continued on Page 3) 11. Are you aware of any additions being made without required permits? 12. Are you aware of any previous foundation repairs? 13. Are you aware of any alterations or repairs having been made to correct defects? 14. Are you aware of any defect or condition affecting the interior or exterior walls, ceilings, roof structure, slab/foundation, basement/storm cellar, floors, windows, doors, fences or garage? 15. Are you aware of the roof covering ever being repaired or replaced during your ownership of the property? LOCATION OF SUBJECT PROPERTY 1109 South 32nd Street, Broken Arrow, OK 74014 Additions/Alterations/Repairs (Continued from Page 2) <table> <tr><th> </th><th>Yes</th><th>No</th></tr> <tr><td>16. Approximate age of roof covering, if known<br>number of layers, if known.</td><td></td><td></td></tr> <tr><td>17. Do you know of any current defects with the roof covering?</td><td></td><td>☑️</td></tr> <tr><td>18. Are you aware of treatment for termite or wood-destroying organism infestation? <i>Bait system</i></td><td>☑️</td><td></td></tr> <tr><td>19. Are you aware of a termite bait system installed on the property? If yes, annual cost $<span></span></td><td>☑️</td><td></td></tr> <tr><td>20. Are you aware of any damage caused by termites or wood-destroying organisms?</td><td></td><td>☑️</td></tr> <tr><td>21. Are you aware of major fire, tornado, hail, earthquake or wind damage?</td><td></td><td>☑️</td></tr> <tr><td>22. Have you ever received payment on an insurance claim for damages to residential property and/or any improvements which were not repaired?</td><td></td><td>☑️</td></tr> <tr><td>23. Are you aware of defects pertaining to sewer, septic, lateral lines or aerobic system?</td><td>☑️</td><td></td></tr> <tr><th colspan="3">Environmental</th></tr> <tr><td>24. Are you aware of the presence of asbestos?</td><td></td><td>☑️</td></tr> <tr><td>25. Are you aware of the presence of radon gas?</td><td></td><td>☑️</td></tr> <tr><td>26. Have you tested for radon gas?</td><td></td><td>☑️</td></tr> <tr><td>27. Are you aware of the presence of lead-based paint?</td><td></td><td>☑️</td></tr> <tr><td>28. Have you tested for lead-based paint?</td><td></td><td>☑️</td></tr> <tr><td>29. Are you aware of any underground storage tanks on the property?</td><td></td><td>☑️</td></tr> <tr><td>30. Are you aware of the presence of a landfill on the property?</td><td></td><td>☑️</td></tr> <tr><td>31. Are you aware of the existence of hazardous or regulated materials and other conditions having an environmental impact?</td><td></td><td>☑️</td></tr> <tr><td>32. Are you aware of the existence of prior manufacturing of methamphetamine?</td><td></td><td>☑️</td></tr> <tr><td>33. Have you had the property inspected for mold?</td><td></td><td>☑️</td></tr> <tr><td>34. Are you aware of any remedial treatment for mold on the property?</td><td></td><td>☑️</td></tr> <tr><td>35. Are you aware of any condition on the property that would impair the health or safety of the occupants?</td><td></td><td>☑️</td></tr> <tr><td>36. Are you aware of any wells located on the property?</td><td></td><td>☑️</td></tr> <tr><td>37. Are you aware of any dams located on the property?<br>If yes, are you responsible for the maintenance of that dam? ☐ Yes ☐ No</td><td></td><td>☑️</td></tr> <tr><th colspan="3">Property Shared In Common, Easements, Homeowner’s Associations and Legal (Continued on Page 4)</th></tr> <tr><td>38. Are you aware of features of the property shared in common with the adjoining landowners, such as fences, driveways, and roads whose use or responsibility has an effect on the property?</td><td></td><td>☑️</td></tr> <tr><td>39. Other than utility easements serving the property, are you aware of any easements or right-of-ways affecting the property?</td><td></td><td>☑️</td></tr> <tr><td>40. Are you aware of encroachments affecting the property?</td><td></td><td>☑️</td></tr> <tr><td>41. Are you aware of a mandatory homeowner’s association?<br>Amount of dues $______ Special Assessment $______<br>Payable: (check one) ☐ monthly ☐ quarterly ☒ annually<br>Are there unpaid dues or assessments for the property? ☐ YES ☒ NO<br>If yes, what is the amount? $._________ Manager’s Name: _______________<br>Phone Number.</td><td></td><td>☑️</td></tr> <tr><td>42. Are you aware of any zoning, building code or setback requirement violations?</td><td>☑️</td><td></td></tr> <tr><td>43. Are you aware of any notices from any government or government-sponsored agencies or any other entities affecting the property?</td><td>☑️</td><td></td></tr> <tr><td>44. Are you aware of any surface leases, including but not limited to agricultural, commercial or oil and gas?</td><td></td><td>☑️</td></tr> </table> LOCATION OF SUBJECT PROPERTY 1109 South 32nd Street, Broken Arrow, OK 74014 Property Shared In Common, Easements, Homeowner's Associations and Legal (Continued from Page 3) 45. Are you aware of any filed litigation or lawsuits directly or indirectly affecting the property, including a foreclosure? Yes [ ] No [x] 46. Is the property located in a fire district which requires payment? If yes, amount of fee $_________ Paid to Whom ____________________________ Payable: (check one) [ ] monthly [x] quarterly [ ] annually 47. Is the property located in a private utility district? Check applicable [ ] Water [x] Garbage [ ] Sewer [ ] Other If other, explain ______________________________ Initial membership fee $______ Annual membership fee $_____ (If more than one utility attach additional pages) Miscellaneous 48. Are you aware of other defect(s) affecting the property not disclosed above? Yes [ ] No [x] 49. Are you aware of any other fees, leases, liens, dues or financed fixtures or improvements required on the property that you have not disclosed? Yes [ ] No [x] If you answered YES to any of the items on pages 2-4, list the item number(s) and explain. If needed, attach additional pages with your signature(s), date(s) and location of the subject property. Terminated prior to my purchase you can see leaks in concrete On the date this form is signed, the seller states that based on seller's CURRENT ACTUAL KNOWLEDGE of the property, the information contained above is true and accurate. Are there any additional pages attached to this disclosure? [ ] YES [x] NO If yes, how many? ________________ Seller's Signature [signature] Date 5-14-2024 Seller's Signature [signature] Date A real estate licensee has no duty to the Seller or the Purchaser to conduct an independent inspection of the property and has no duty to independently verify the accuracy or completeness of any statement made by the Seller in the disclosure statement. The Purchaser understands that the disclosures given by the Seller on this statement are not a warranty of condition. The Purchaser is urged to carefully inspect the property, and, if desired, to have the property inspected by a licensed expert. For specific uses, restrictions and flood zone status, contact the local planning, zoning and/or engineering department. The Purchaser acknowledges that the Purchaser has read and received a signed copy of this statement. This completed acknowledgement should accompany an offer to purchase on the property identified. This is to advise that this disclosure statement is not valid after 180 days from the date completed by the Seller. [Jeffrey Brian Hamm signature] [Jamie Kay Hamm signature] Purchaser's Signature Date Purchaser's Signature Date The disclosure and disclaimer statement forms and the Oklahoma Residential Property Condition Disclosure Act Information pamphlet are made available at the Oklahoma Real Estate Commission www.orec.ok.gov.