Landlord Info

8/4/2019 Landlord Info

1/14

Experience

Expertise

Excellence

Our company has been in business since January of 1985. Our experience enables us to makerecommendations to you, which help assure that your property continues to grow in value. Our goal is tomaximize your return on investment.

We are members of the National Association of Residential Property Managers which is an organization ofprofessionals that specialize in the management of single family homes and small apartments. Our propertymanagers, agents, and employees receive industry specific continuing education and market informationOur expertise will help improve your net cash flow.

While our experience and expertise help us avoid making most costly errors, no one can guarantee that aproblem will not occur related to your property. For those problems that cant be avoided, our experienceand expertise can help us reduce the amount of pain (expense) required to solve the problem. This excellentservice will result in a more rewarding and enjoyable experience for you as a landlord. It is important thayou entrust your property to an organization with a proven ability to perform.


2/14

Telephone 678-825-1400Facsimile 678-825-1401

www.excalhomes.com

1405 Haw Creek Cir. Ste 102Cumming (ATL) GA 30041

Dear Owner,

I want to thank you for considering us regarding the management of your property. Excaliburspecializes in the leasing, management, and sales of residential rental homes. This package shouldanswer many of your questions related to our company and the services we provide.

We understand that Excalibur is a service business and we strive to provide you with a superior level ofservice. We do this through better communication. We answer our phones live between 9 AM and 7PM Monday through Friday and 10 AM to 5 PM on Saturdays. Our voicemail only answers the phonewhen the office is closed or when too many lines are ringing at one time for our customer servicerepresentatives. This voicemail will page the manager on call to handle maintenance emergencies. Weoffer our clients several options and offer reduced fees depending on which options you select. Ourmanagers will represent you with a mindset of trying to maximize your return on investment. They willmake every effort to keep you informed about whats going on with your rental property.

One issue that I want to emphasize as you compare us to other property managers is your protection.Please make sure that you select a professional operation that is covered by Professional Liability

(Errors and Omissions) insurance, which is not the same as General Liability insurance. This is theinsurance that protects you from mistakes made by your manager.

We look forward to hearing from you soon. If you have any questions please let us know.

Sincerely,

Michael E. Nelson

President


3/14

EXCALIBUR'S TEAM

Our company was established in January of 1985 under the name Investment Associates as a sole proprietorship. Webecame Excalibur Group, Inc., when we incorporated in September of 1988. For tax purposes we changed to a limitedliability company known as Excalibur Group, LLC. Today we have a complete staff prepared to manage your rentaproperty in any situation.

Broker: Mike Nelson was originally licensed as a real estate salesperson in 1977. He graduated from the University of

Georgia in 1981 with a BBA in Real Estate and Urban Development and became licensed as a real estate broker thatsummer. After a few years in the Century 21 organization, he opened his own company. He has owned, managed, andbrokered rental property since 1980 and is very familiar with the needs and concerns of landlords. Mike possesses theGraduate of the Realtor's Institute designation (GRI), the Residential Management Professional (RMP) designation andthe Master Property Manager (MPM) designation. He is an active member of the National Association of ResidentiaProperty Managers where he has served as President of the Atlanta Chapter and continues to serve both locally andnationally.

Property Managers: Excalibur handles a very large geographic area. We can do this by placing experienced propertymanagers in different parts of town so that they can handle a portfolio of homes within a 30 minute radius of their homeoffice. These managers can connect to our office through the internet to handle any functions that they might otherwiseperform in our office. It has been our experience that if the manager is too far from the property being managed, then the

manager will not be as effective in keeping an eye on things. The property manager is your representative. They wilkeep you posted regarding any changes or recommendations for the property. They will perform the on site propertyinspections when tenants move in or out or any other time that an inspection of the property is necessary. The propertymanager reviews and approves invoices for repair work at the property. They will show the property to prospectivetenants and help the tenants with the application process. Any other tasks that require a trip to the property are theresponsibility of the property manager.

Leasing Agents/Marketing Specialists: In addition to our property managers, we utilize Leasing Agents and MarketingSpecialists to help show and lease available rental homes as well as sign up new accounts. These agents specialize inmarketing and leasing the homes without being distracted by the responsibilities of a property manager. They areavailable during the day, evenings (we dont allow any properties to be shown after sunset), and on weekends. We wanto make sure that someone is available to meet any prospective tenants at your property so we can rent it more quickly.

Central Office/Administrative Support: Excalibur has strived to take advantage of available technology to increase ourefficiency and our capabilities. While our Managers and Marketing Specialists work close to their portfolios, they areconnected to our office and our computer systems and have access to almost everything that would be available in ourmain office. Invoices and leases are scanned and attached to the applicable files so that managers can see from theirremote office anything that they might want to see in the file. Our central office handles several functions. The centraoffice will coordinate the duties of the managers by confirming that certain deadlines are met for lease renewals, propertyinspections, and other recurring activities. We maintain a shared calendar and task list so that the central office can helpcoordinate appointments and make sure that open tasks, such as maintenance requests and questions from our clients,are handled quickly and effectively. The central office will help schedule repairs and follow up on these repairs with thetenants to make sure that the contractor performed as required. The central office will handle all of the bookkeepingfunctions including depositing rents, paying invoices (as approved by the managers), and generating statements andpayments to our clients.

Personal Service: Your property manager is your personal customer servicerepresentative. If you cant reach your property manager, since their jobs requirethem to be away from their desk much of the time, then whoever takes the call willtry to assist you. Our extensive staff gives us the capability to out perform ourcompetitors. Each job description at Excalibur includes doing whatever it takes toget the job done. We understand that this is a SERVICE business and we arepulling together to better serve you!


4/14

FEATURES BENEFITSFully Insured:

General Liability ($1,000.000.00)Professional Liability (Errors & Omissions)

If your property manager makes a mistake that cost you a lot of money doesthat manager have the capability of reimbursing you? The court may give youa "judgment" against your manager but what would keep the manager fromdeclaring bankruptcy to avoid paying the claim. Most of our competitors donot carry Errors & Omissions insurance. Our insurance policy offers up to$1,000,000.00 of protection.

Workers Compensation Every person that performs work on a property managed by Excalibur isrequired to be covered by worker's compensation insurance. In this way isomeone were to get injured on the property it doesn't become a "liability"claim subject to "pain & suffering" and so many other issues which can

become costly.

Owners paid quickly/Direct Deposit/E-Mail Statements

At your option we can send your net rental income by check or direcdeposit it into your bank account. There is no additional charge for eitheoption. We can send you your payment as early as the 9th of the monthWe also offer you the option of receiving your statements via email and weoffer you a discount on the management fee if you receive your statementsvia email.

Alternative Management Fee Structure We offer different fee structures from which you can choose based on yourbudget and desires. Our fees are based on performance. The more income wegenerate for you the better we are compensated. If you are not getting paidthen we are not getting paid either.

Detailed background checks on Applicants We perform detailed background checks including landlord history, creditemployment and eviction history of applicants. We also check to make surethe applicant is not a registered sex offender.

Customized Lease Clauses for your Protection Our Lease form contains several clauses not found in the typical residentialease to avoid several problems related to rental houses such as paragraphs:

Early Termination by Owner (in case you decide to sell or moveback)

Right of Access (Penalty when tenant does not cooperate) Missed Appointments (Penalty when tenant wont let vendor in) Attorneys Fees (Charge tenant when warrants are filed) Daily penalty for holding over at the end of the lease

Available 24 Hours to handle emergencies Excaliburs managers and maintenance technicians are on an on-callrotation to respond to emergencies 24 hours a day.

Effective Marketing and Leasing Program The central office coordinates marketing all properties currently available forrent to better coordinate all advertising, promotion, and showing efforts. Thisincludes updating multiple websites with information and photos, andplacing newspaper ads when applicable. We have severalLeasing Agentsand Marketing Specialists which makes it possible to show your property atalmost any time (during daylight hours). Our marketing system and web pageenable prospective tenants to find out all about your property, includingdriving directions, 24 hours a day.

Compare the benefits that Excalibur offers to those ofour competitors. We are convinced that you will agreethat Excalibur offers the greatest value to our clients!


5/14

To reduce the possibility of being deceived by an applicant Excalibur uses a multi-tiered background check tocross-reference each applicant. Our background checks consist of:

1. Our agents will ask to see a picture ID to confirm that the person on whom we are about to run thebackground check is the same person that will reside in the property. Some applicants will use another

person's name and social security number so that you won't see their true credit.

2. We are on-line with CBI/Equifax and pull an original credit report on the individual. We compare theaddresses from the credit bureau with the addresses on the application. We examine their credit historycarefully to look for other payment problems.

3. We check to see if the applicant has a history of being evicted by other landlords. The service scanstheir database to see if the applicant has had dispossessory warrants filed against them, which often don'tshow up on a credit report.

4. We will confirm their source of income. To ensure that we are talking to the correct party we can crossreference using the telephone book to ensure that the company does exist, that the applicant and

"supervisor" really do work there, and that the "supervisor" can validate the applicant's employmentSome applicant's have had us call a co-worker who would validate a higher income than that which theapplicant actually earns.

5. The most important indication of the applicant's future performance is often the landlord referencesVerifying residency with another professional property manager is normally simple, straight forward, andaccurate. However most residents of single-family homes lease directly from the property owner. Aftercontacting the landlord listed on the application and asking a series of questions regarding the applicant'srental history, we try to verify that we are talking to the legitimate landlord. When the landlord is anindividual we cross check the tax records to ensure we are talking to the actual owner. On severaoccasions we have caught applicants trying to deceive us by giving us a name and telephone number oftheir "landlord" who was actually a friend or acquaintance. When we reached the actual owner and gothe correct information their application was denied.

6. Finally, we also check each applicant with the Department of Justice database to make sure theapplicant is not a registered sex offender. Our policy is to not rent property to any one registered as asex offender.

A thorough background check is crucial to avoid costly mistakes with your property. A bad tenant can be avery expensive ordeal due to lost rent, extra time spent having to deal with them, and damage to the propertyWhile no background check can eliminate the risk of a problem tenant, our thorough examination of theirrental history can significantly reduce your risk.

DETAILED TENANT SCREENING

One of the most important aspects of making your experience as aLandlord rewarding is placing the right tenant in your property. While noone can discriminate on the basis of race, color, religion, gender, nationalorigin, familial status, or disability we can discriminate on the basis ofcredit and rental history. Once we have an application generated from our

marketing efforts we conduct a detailed background checks on theapplicants. We want to make sure we avoid the applicants that know howto hide their previous bad credit and landlord history. Some applicants canbe very deceptive, even to the point of having friends or family memberspose as former landlords or employers so that the information sounds goodto the landlord conducting the background check.


6/14

LEASE HIGHLIGHTS

It is very important for a landlord to have a strong enforceable lease to help protect their property and their

financial security from being abused by a tenant. For years Excalibur used its own custom lease form because icontained several clauses to help further protect our clients that are not contained in many standard leaseagreements. During 2006 the Georgia Association of Realtors (GAR) modified their lease form to include theclauses and language that we used in our lease so we are now starting to use the GAR lease formUnderstanding that few people want to read lengthy legal documents (our lease form is 8 pages), we havehighlighted some of the clauses in the lease which you might appreciate. We would be happy to send you thefull lease, at your request. The clauses/modifications beyond a typical residential lease which help betterprotect you and your property include:

5. Disspossessory Fee If the tenant has not paid rent and we have to file a Dispossessory Warrant (startthe eviction process) our lease will add an additional $200 charge to the tenant to offset the costs of

processing the warrant.

10. B. Missed Appointments If the tenant fails to keep a pre-arranged mutually agreed to appointment(a common problem) then the tenant is charged an additional $75.

10. G. Mold and Mildew Helps reduce owners liability and obligates tenant to not contribute to anymold problem.

11. E. Holding Over Suppose a tenant gives notice to move out on a certain date. We market theproperty and find a new tenant or buyer that wants to move in shortly after the current tenant vacates.However, before the move out date the current tenant notifies us that their plans have changed and they

need to stay longer, potentially disrupting the deal with the new tenant or buyer. Under the law you couldevict the current tenant for holding over but that could take weeks. In this clause it spells out that if thetenant holds over the tenant will owe $100 for each additional day they remain in the property. Thisequates to a rental rate of $3000 per month and significantly helps to encourage the tenant to move out ontime per their notice.

12. Early Termination by Owner Many lease forms, including ours, contain a provision that providesa means by which the tenant can terminate the lease early. It requires a 60 day written notice and includespenalties due from the tenant. This Early Termination by Tenant clause will normally enable thelandlord to benefit financially from a tenant moving early. However many of our clients find they need tosell their property before the lease expires. It would be hard to sell a property to an owner-occupant if

there are still several months remaining on the lease. This clause enables the landlord to give the tenant a60 day written notice and a credit equal to one months rent and terminate the lease before the expirationdate. Now the landlord/seller can sell the house to a buyer whenever it is most financially convenient ornecessary without waiting for the lease to expire.

15. Renewal Term Our lease form requires a 60 day notice from either party if they plan to do anythingother than renew the lease for an additional one year term. If neither party provides written notice to theother then the lease will renew for an additional one year, not go month to month. After the lease has beenin effect for 5 years then it will revert to a month to month agreement. We have found this to be asuccessful technique to lengthen the average tenant stay which improves the landlords cash flow.


7/14

17. Use This clause specifically names the adults authorized to live in the property to help prevent un-authorized roommates or overcrowding.

18. Nuisances and Unlawful Activities What if a tenant was conducting some illegal activity on theproperty but was otherwise paying the rent and not causing damage? With most leases the landlord wouldhave to wait until the lease expired and then not renew the tenant. This clause allows the landlord todeclare the tenant in default and to terminate the lease if any of the tenants are arrested for any activitiesoccurring on the property if the charges have not been dropped within 30 days from the date of the arrest.

20. Right of Access, Signage A common problem landlords face is showing a property to prospectivetenants if the current tenant is still in the property and refuses to allow access. This clause provides for a$75 penalty each time the tenant refuses to grant access during reasonable hours.

23. A. Destruction of Property (mold) Most leases include a provision for the lease to be terminated ifthe property becomes uninhabitable due to fire, storm, or other significant damage. This lease includesmold and other environmental hazards as potential reasons to terminate the lease without penalty to eitherparty. This clause has already helped landlords that have had lawsuits brought, or threatened, by a tenantclaiming that they were harmed by mold in the property.

24. B. Neighborhood Conditions This clause places the burden on the tenant to check the area for

anything that might influence their decision to rent BEFORE they take possession of the property, such aslocal businesses that cause odors, registered sex offenders in the area, or any number of other factors thatformer tenants have come up with in the past as excuses for why they should be allowed to terminate thelease and move out early without a penalty.

25. M. Security Disclaimer This clause is intended to reduce that landlords liability if the tenant is thevictim of a crime on or within the property.

The GAR lease form was drafted and edited by a prominent real estate attorney and is widely used across thestate. Our advantages in using this form, now that they have incorporated our additional clauses, is that it wilbe more familiar to, and accepted by, tenants and JUDGES across the state. While it is a very strong lease

form, it also has flexibility built in to it so we can adapt it as necessary to most unique circumstances as theyoccur. If you would like to review the entire 8 page lease agreement just let us know and we will e-mail a copyto you.


8/14

Page 1 of6

EXCLUSIVE LEASING/MANAGEMENT AGREEMENT

In consideration of covenants herein contained, EXCALIBUR HOME MA NAGEMENT, LLC, (hereinafter referred to as "Broker"), and________________________________________________________(hereinafter referred to as "Owner"), agree as follows:

EXCLUSIVE AGENCY

The Owner hereby desires to retain Broker as Owner's limited agent and grants Broker the exclusive right to lease, opera te, and manage the propertyknown as in ____________________, GA ____ (Zip(hereafter referred to as "Pr operty") upon the terms se t forth below for a minimu m of 60 day s beginning the day o____________________, 20 and continuing until either party notifies the other, in writing, of their intent to terminate this agreementAfter the initial 60 day term this agreement may be canceled by either party upon thirty days written notice to the other party, such notice terminatingthe agreement effective on the last day of any calendar month. This agreement shall automatically terminate upon the sale of the property or othertransfer of title. Should Owner terminate this Agreement prior to the end of the initial 60 day term, Owner agrees to pay $300.00 to Broker to offseBrokers costs and time in mark eting the property and setting up the account. Owner hereby gives Broker the following authority and powers andagrees to assume the expenses in connection herewith:

1. LEASING:

A. Owner authorizes Broker to advertise the av ailability for rental of the above descr ibed premises or any part thereof, and to display "FORRENT" signs thereon and to sign leases for the premises or any part thereof. Broker may advertise the Property for lease in all media and

reproduce and distribute image of Property in connection therewith. Owner agrees not to place an y advertisements on Property or toadvertise Property for lease in any media except with the prior written consent of Broker. Owner authori zes Broker to determine when tocease advertising the property as available for rent.

B. Owner authorizes Broker to pl ace a lockbox on the proper ty to be us ed in connection with the l easing, marketing, inspection, andmaintenance of Property by Broker, Brokers affiliated licensees and employees, contractors, other real estate brokers and their affiliatedlicensees and other persons who may be authorized to access the Property. Owner understands that there have been isolated incidents oreported burglaries of homes on which lockboxes have been placed and for which the lockbox has been alleged to have been used to accessthe property. Broker recommends that Owner remove all valuables from the property or to pla ce them in a se cure location while th

property has a lockbox installed. Owner expressly acknowledges that any personal property left behind is at the Owners risk. Ownehereby releases and discharges Broker, its agents, employees, and successors from any and all liability regarding Owners persona

property left on or in the property. Owner agrees to hold Broker harmless from any claims related to the use of the lockbox on the property.

C. Owner acknowledges that Broker is a member of Georgia MLS and First MLS listing services . Owner agrees that Broker may , but is norequired to, file this listing with said services. Owner acknowledges that the listing services are not a party to this Agreement and are not

responsible for errors or omissions on the part of Owner or Broker. Owner agrees to indemnify the services from and against any and alclaims, liabilities, damages or losses arising out of or related to the listing and lease of the Property.

D. Any rental agreement will be in writing on the Broker 's standard lease form. Owner has the right t o set the rental rate and the lease termand to approve or disapprove any proposed tenancy of the property so long as Owner's reason for denial is not contradictory to any FederalState, or local Fair Housing guidelines. Upon Owner's inability or failure to approve or disapprove a proposed tenancy within 24 hours afternotification by Broker of the receipt of an application to rent the property, Owner authorizes Broker to approve or disapprove the proposedtenancy on Owner's behalf.

2. MANAGEMENT:

A. To use due diligence in the management and maintenance of the premises for the period and upon the terms herein provided, and agrees tofurnish the services of Broker' s organization for the operating and managing of the herein descr ibed property; to collect rents due or tha

become due an d give receipt therefore; to ter minate tenancies and to sign and serve in the name of the Owner such notices as ar eappropriate; to institute and prosecute actions to evict tenants and to recover possession of said premises; to sue in the name of the Ownerand recover rents and other sums due; and when expedient, to settle, compromise, and release such actions or lawsuits or reinstate such

tenancies.

B. To make available timely statements of receipts and expenses and to remit to Owner the balanc e of such funds less any reserve balancemonthly. In the event the expenses are in excess of the r eceipts collected by the Broker, the Owner hereby agrees to pay such exces

promptly upon demand of the Broker. In addition, Broker may debit any other propertys account of Owner to satisfy, or partially satisfy,balances owed on such account . Broker will prepare IRS Form 1 099 and any other tax related forms or documents as may be required bylaw.

C. To deposit all receipts collected for Owner (less any sums properly deducted or otherwise provided herein) in a Trust account in a nationalor state institution qualified to engage in the banking or trust business separate from Broker's business account. However, Broker will no

be held liable in event of bankruptcy or failure of a depository. Owner understands that proceeds from the property may be commingled insuch account with proceeds from other properties managed by Broker.

D. To collect from the tenant a security deposit to ensure the tenant's fulfillment of the conditions of the rental agreement. Broker shall depositand maintain such security deposit in his escro w account established for that purpose. Broker shall have sole discretion to execute the


9/14

Page 2 of6

move-in and move-out inspection reports on Owner's behalf, and to apply the Security Deposit, upon termination of the lease, as providedin the rental agreement. Owner understands and acknowledges that Security Deposit will be maintained in a national or state institution inan interest bearing account, with such intere st to be paid to Broker. Any pre-paid rental payments advanced by the tenant will also bedeposited in Brokers Trust account and will be paid to owner as applied to current rent or other unpaid charges due from tenant.

E. To make or cause to be made, and supervise repairs, and to do decorating and cleaning on said premises; to purchase supplies and pay allbills therefore. The Broker agrees to secure the prior approval of the Owner before sending a contractor out to make repairs estimated to bein excess of$ ___________ (REPAIR LIMIT) for any one repair that is not an emergency. Broker will attempt to contact Owner bytelephone or email to notify Owner of non-emergency repairs. After Broker has sent notice to Owner by telephone (including voicemail), oremail of the non-emergency repair the Owner will have 48 hours within which to respond to Broker's notification. If Owner has not replied

to Broker within 48 hours Owner authorizes Bro ker to use Brok er's own best judgment with regard to the repair in order to protect and preserve the property. Broker has no obligation to contact Owner prior to handling monthly orrecurring operating charges, an ymaintenance authorized by the Owner under this agreement, or emergency repairs in ex cess of the maximum, if in th e opinion of theBroker such emergency repairs are necessary to protect the property from damage or to maintain services to the tenants as called for in theirlease. Any faults with the Property which are noted by any local, state, or federal inspector which constitute a health or safety violation will

be treated as an emergency.

F. To hire, discharge and supervise all labor and employees required for the operation and maintenance of the premises; it being agreed thaall employees shall be deemed employees of the Owner and not the Broker . Broker may perform an y of its duties th rough Ownerattorneys, agents or employees and shall not be responsible for their acts, defaults or negligence if reasonable care has been exercised intheir appointment and retention.

G. To make contracts for electricity, gas, fuel, water, telephone, window cleaning, trash or rubbish hauling and other services as the Brokershall deem advisable; the Owner to assume the obligations of any contract so entered until the termination of this Agreement.

H. To contract with others, including affiliates of Broker or companies owned b y Broker, to perform services including, but not li mited to

repairs, maintenance, accounting, data processing, record keep ing, legal fees and court costs. Any such arrangement with affili ates orcompanies owned by Broker will be on terms fair and reasonable to the Owner and no less favorable than could reasonably be realized withunaffiliated persons or companies. The Owner is hereby aware that Broker may deduct these expenses from the monies coming to Brokerthat are due to the Owner.

I. To institute and prosecute legal actions and proceedings in Owner's name and behalf to terminate leases for cause, to remove tenants fromProperty, to recover for damages to the Property. For such purposes, Broker may employ attorneys and incur court costs and litigation costat Owner's expense. Broker, in his discretion. is also authorized to settle or compromise any such legal actions or proceedings.

3. OWNER'S RESPONSIBILITY Owner agrees:

A. Indemnity: To save the Broker harmless from all liabilities, claims and damage suits in connection with the management of the hereindescribed property and from liability from injury suffered by any employee or other person whomsoever, and to carry, at his own expensenecessary public liability insurance adequate to protect the interests of the parties hereto. Owner agrees to reimburse Broker for any loss orexpenses incurred by Broker in defending or prosecuting any claim related to a tenant, or former tenant, of the property including thereimbursement of attorney's fees. Owner will maintain adequate fire and extended insurance coverage on the Property, and Owner will, aall times, maintain landlord's liability insurance for Owner and will cause Broker to be named as "additional insured" under such liabilityinsurance. Owner will provide Broker with evidence of coverage prior to date of occupancy of tenant. The failure of Owner to add Brokeas an additional insured shall in no way remove or reduce Owners obligations to save the Broker harmless and reimburse the Broker foany loss or expenses as stated above. The Broker also shall not be liable for any error of judgment or for any mistake of fact of law, or foranything which it may do or refrain from doing hereinafter, except in cases of willful m isconduct or gross negligence. Not with standingany other provisions to the contrary, Broker shall under no circu mstances have any liability greater than the compensation actually paid toBroker hereunder including commissions or, if n o commission has been paid to Broker then a sum not to exceed One Hundred DollarsOwner has removed all of Owners personal pr operty that Owner desires to remove and ag rees to indemnify and hold Broker harmlesfrom any liabilities, claims, or losses, related to any of Owners personal property remaining on the subject Property.

B. Property Condition: To certify that unless otherwise provided herein, all systems and furnished appliances are in working conditionOwner certifies that the Property is in good and habitable condition now. Pursuant to O.C.G.A. Sections 44-7-13 and 44-7-2, Ownerwill, at all times, be responsible for maintaining the Property in a good and habitable condition, and in compliance with all applicable laws,ordinances, and regulations of all government authorities. Upon the execution of this agreement Owner will provide two sets of keys for the

property.

C. Lead-Based Paint: That if any part of the dwelling located on the Property was built prior to 1978 or if Owner does not know when theProperty was built, Owner agrees to provide a written d isclosure by Owner, on a form approved by the Environmental Protection Agencyof the presence of any known lead-based paint and/or lead-based paint hazards, if any, in the dwelling.

D. Owners Property Disclosure Statement: To complete a written Property Disclosure Statement for the Property, on a form acceptable toBroker, and authorizes Broker to provide a co py thereof to pros pective tenants. Owner shal l review and update Owners Proper tyDisclosure Statement so that new tenants are fully aware of the then current conditions affecting the Property.

E. Notice of Propensity of Flooding: To comply with O.C.G.A. 44-7-20, Owner hereby certifies to Broker the following: some portion or allof the living space or atta chment thereto on Property has OR has not been f looded at least three times during the last f ive yearimmediately preceding the execution of this Agreement. Flooding is defined as the inundation of a portion of the living space caused by anincreased water level in an established water source such as a riv er, stream, drainage ditch, or as a ponding of water at or ne ar the poinwhere heavy or excessive rain fell.


10/14

Page 3 of6

OwnersInitials

F. Nondiscrimination: To fully comply with all l aws and regulations that prohibit discrimination based on race, c olor, religion, sex, agenational origin, familial status or disability.

G. Mortgage & Property Taxes: To keep all mortgage ob ligations, property taxes, association fees, or any other obligations which couldlead to a foreclosure action against the property current and paid in full as required. Should Broker be notified that a foreclosure action has

been initiated against the subject property then Owner authorizes Broker to freeze a ll of the Owner' s funds related to tha t property andBroker will make no further disbursement to Owner. Owner will have 30 days to correct and make current the obligation that initiated theforeclosure action. Should Owner fail to mak e current the obligation, and thereby stop the foreclosure action, Owner authorizes Broker torefund the security deposit to the Resident and to deduct from Owner' s funds on hand with Broker all amounts due to Brok er or Tenanincluding, but not limited to, any refund to tenant of prorated rent or expenses and all of the management fees that would be due to Broker

through the end of the lease term. Owner and Broker agree that the tenant is not a third party beneficiary and nothing in this paragraphshall limit Broker's other legal remedies to collect from Owner any unpaid fees due to Broker.

Owner declares that all mortgages on the property are current as of the date this agreement is signed by Owner. Owner agrees to notifyBroker within 1 5 calendar days as soon as th e mortgage p ayments are not cur rent. Own er understands that the Property will not bemarketed for rent or re-rented if the mortgage obligations are not current. Owner understands that if Owner does attempt to rent a propertywhen the mortgage payments are in arrears, Owner may be liable to the tenant for a claim of fraud.

4. COMPENSATION: Owner agrees to pay Broker:

A. Leasing Fee: A commission of 100 % of one month's rent when a new tenant is obtained for the property.

B. Annual Renewal Fee: A commission of 50 % of one month's rent when the tenant extends their lease for th e property beyond theinitial one year term, whether for an extended term or on a month to month basis. If the initial lease term, or any subsequent renewal termsexceeds one year, the Renewal Fee will be charged on the anniversary of the start date of the lease. Should the Tenan t not make twelve(12) rental paym ents for an y renewal term Broker will apply a pr o-rated refund from the last renewal f ee charged toward the nex

procurement fee.

C. Management fee: A management f ee amounting to a percen tage of the gross monthly collections from the property. This fee is chargedbased on the re ceipts collected from the tenant even during months when a procurement or renewal fee is charged. (Owner to initia

beside payment option selected):

Payment on 9th: Send my statement(s) and net rental proceeds to me on the 9th of each month (or the next business day thereafter). Themanagement fee will be % of the amount collected from the tenant under this option. I understand that direct deposi ts will bereceived by the bank within 2 business days from the payment date. I understand that any receipts collected after the 9th of each month wil

be processed during Broker's next statement cycle on the 23 rd of each month (or the next business day thereafter).

OR

Payment on 23rd: Send my statements and net rental proceeds to me on the 23rd of each month (or the next business day thereafter). Themanagement fee will be % (1% lower than if Paid on the 9

th) of the amount collected from the tenant under th is option. I

understand that direct deposits will be rece ived by the bank within 2 business days from the payment date. I understand that an y receiptcollected after the 23rd of each month will be processed on the 23rd of the next month (or the next business day thereafter).

D. Transmitting Payments & Statements: Broker strives to be as green as possible. By default, Owners statements are sent via e-maiand posted to Brokers web portal and funds are sent via direct deposit. E-mailed statements and Direct deposit of payments is faster, safer,and less expensive. But we want our clients to have options. (Owner to initial beside statement option selected):

Web Portal Statements: I request that my statements be posted and available to me via Brokers web portal. I agree that I will receive mynet rental proceeds each month by Direct Deposit (There is no charge for this service).

OR

Printed Statements and/or Checks: I request that my statements be printed and mailed to me. I r equest that my net rentaproceeds be sent to me by check each month. (If either box is checked the management fee will be increased by 1% for this service).

E. Negative Owner Cash Balance Charges: Per paragraph 2. B. Owner agrees to send funds to Broker promptly whenever expenses for theOwners accounts exceed the cash available within Owners accounts. Should the Owners cash balance become negative for any reasonOwner will send the funds neces sary to Broker to bring the Owners accounts back to a cash balance of at least zero dollar within 15 daysof receiving notice from Broker that the Owners account has a negative cash balance. The monthly statement sent by Broker indicating a

negative cash balance shall be d eemed Notice for the purposes of this paragraph. If Owner h as not sent the necessary funds within 15days of the date of notice to Owner, in order to comply with State law regarding Trust Accounts, Broker will need to use the Brokers fundsto bring the cash balance back to zero. Each time Broker adv ances funds for Owner, Owner will pay Broker a fee of $25.00 plus intereson the amount advanced at a r ate of 1% of the u npaid balance per calendar month (or any portion of a calendar month) until the Brokerfunds have been repaid in full.

F. Direct Deposit Authorization: I hereby authorize Excalibur Home Management, LLC to deposit my net rental proceeds into m ychecking/savings (circle one) account at Bank. The Bank's routing number isand my account number is . I acknowledge that the origination of AC H transactions to m yaccount must comply with the provisions of U.S. law. In the event of an error as to the amount of the deposit I acknowledge that ExcalibuHome Management, LLC may initiate an additional credit or debit to this account to correct the transaction. This authorization is to remainin full force and effect until Excalibur Home Management, LLC receives written notice from me of its termination in such time and in sucha manner as to afford Excalibur Home Management, LLC a reasonable opportunity to act upon it. I have attached a copy of a voided checkfrom this account for reference.


11/14

Page 4 of6

G. Out of Cycle Payments/Replacement Checks: Should Owner direct Broker to make an un-scheduled payment or deposit Owner agreesto pay an additional charge of $25.00 per ev ent. Should Owner request Broker to issue a Stop Payment order on a check mailed t o, bunever received by Owner, Owner agrees to pay Broker an additional charge of $25.00 to offset Brokers expenses.

H. Advertising: All forms of advertising will b e at the discr etion and e xpense of Broker. Owner agrees to re imburse Broker for an yadvertising expenses that are specifically directed or required by Owner.

I. Remodeling/Renovation: A fee equal to 10% of the amount o f the renovation or remodeling project. This fee would only be chargedafter prior arrangement with, and the agreement of Owner.

J. Court Appearances: In the event Broker, or one of Brokers employees or agents, need to appear in court on behalf of Owner regarding

an issue related to the subject property, Owner agrees to pay Broker an additional fee of $80 per court appearance.

K. Owner Directed Trips to Property: Should owner direct Br oker, or one of Brokers employees or ag ents, to meet someone at th e property in order to gain access including , but not limited to, sales agents with other companies, delivery personnel, appraisers, ocontractors, Owner agrees to pay Broker $80 per hour for the time spent waiting at the property and the time spent during the appointmenwith a minimum fee due of $80 per trip to th e property. Should Owner direct Broker, or one of Brokers employees or agents, to visit the

property, Owner agrees to pay Broker $80 for each property visit.

L. Managing Property Leased by Others: In the event Broker is reta ined to manage a property whereby the tenant was obtained b ysomeone other than Broker or his representatives Owner agrees to pay the Broker a fee of $300.00.

M. Miscellaneous Charges: Broker is authorized to charge, and collect from tenants for the Brok er's own account, fees for handling badchecks, rental application fees, administrative fees, and charges for late payment of rent if said rent is forwarded to Owner d uring theOwner's normal pay ment cycle without delay. If the rent is paid after th e Owner's normal payment cy cle and, therefore, interrupts theOwner's normal payment cycle the associated late fee will b e paid to Owner. O wner understands that Broker often charges the Tenant a

non-refundable administrative fee at the initial move in. Should Ten ant move out of the property owing more than the amount of thesecurity deposit, Broker agrees to credit the amount of the non-refundable administrative fee paid by the Tenant to the Owners account.

5. SALE OF PROPERTY

If Owner sells the property to a Tenant obtained by Broker (or spouse, relative, or roommate of such Tenant), either during the term of a

lease or for a p eriod of one year after the Agreement between Owner and Broker is terminated, Owner agrees to pa y Broker a sales

commission. The sales commission due if the Tenant (or spouse, relative, or roommate of such Tenant) purchases the property shall be 6%

of the sales price. This obligation shall survive the expiration or termination of this Agreement. Should Broker be the only broker involved

with the sale transaction Management agrees to reduce the sales commission to 3% of the sales price.

6. DISCLOSURES Owner acknowledges that:

A. Owner has not relied upon an y advice, representations or statements of Broker and waives and shall not assert any claims against Brokeinvolving advice, representations or statements not specifically referenced in the Special Stipulations. Owner agrees that Brok er shall no

be responsible to advise Owner on any matter including, but not limited to, the following: insurance, any matter which could have been

revealed through a survey, title search or inspection of the property, the condition of the property, any portion thereof, or any item therein;the necessity or cost of any repairs to the property, hazardous or toxic materials, the tax or legal consequences of any lease transaction; theappraised or future value of the property, any condition( s) existing off of the property which may affect the property, the creditworthinessof prospective tenants, the uses and zoning of the property whether permitted or proposed, and any matter relating to crime and security inand around the property. Owner acknowledges that Broker is not an e xpert with respect to the above described matters and that i f any ofthese matters or any other matters are of concern to Owner, Owner shall seek independent expert advice relative thereto.

B. Broker's office brokerage relationship policy is to r epresent Owners as Sellers and/or Landlords (Seller Agency and Owner Agency)Buyers (Buyer Agency), and S ellers and Buyers in th e same transaction with Designated Agency. Broker does not r epresent tenantsOwner hereby consents to Brok er acting in a Designated Agency capacity in transactions in which Broker is r epresenting Owner and a

prospective purchaser. With Designated Agency, Broker assigns one or more of its affiliated licensees exclusively to represent Owner andone or more of its other affiliated licensees exclusively to represent the prospective purchaser.

C. Broker will make disclosures t o Tenants a nd Buyers about Owner's property in reliance on information Owner provides and based o nBroker's actual knowledge, and Owner's obligation to disclose material adverse facts about the property are not changed by this agreement.

D. Owner acknowledges and agrees that with r egard to any property in which Owner intends to ren t, there shall be no knowledge imputed between Broker and Brok ers licensees or between the different licensees of B roker. Broker and each of Brokers licensees shall bdeemed to have only actual knowledge of such properties.

E. Broker agrees to keep all information which Owner asks to be kept confidential by express request or instruction unless the Owner permitssuch disclosure by subsequent work or conduct or such disclosure is required by law. Broker may not knowingly give customers or tenantfalse information. In the event of a conflict between Broker's duty not to give customers and tenants false information and the duty to keepthe confidences of Owner, the duty not to give customers and tenants false information shall prevail. Unless specified below, Broker has noother known agency relationships with other parties which would conflict with any interests of Owner.

F. Broker shall owe no duties to Owner nor have any authority to act on behalf of Owner other than what is set forth in this Agreement.

G. Broker may provide assistance to prospective tenants and buyers without violating any duties to Owner.


12/14

Page 5 of6

H. Broker may show alternative properties to tenants and buyers and provide information to same.

I. Broker may list the property in the local multiple listing services and allow other brokers and agents not affiliated with Broker to show thesubject property to prospective tenants while the property is on th e market for rent. Broker will be responsible for an y referral fee orcommission split due to another broker that provides a qualified tenant unless alternative arrangements are made in advance with OwnerBroker will not be responsible for actions of other brokers or their affiliated licensees.

J. Owner understands and acknowledges that Broker's maintenance department, Excalibur Property Services, operates as a gener acontractor to pr ovide insurance coverage and accounting suppor t for maintenance and repair services through subcontractors. ExcaliburProperty Services works for profit! Owner is not required to use Excalibur Property Services, or any of Excalibur's subcontractors to

perform any work on the property . All cont ractors and subcontractors that perf orm work on p roperty managed b y Excalibur HomManagement, LLC must be covered by Workers Compensation insu rance. Any contractors that do not carry their own policy will becovered under Excalibur's policy. The full amount of the contractor's invoice will be paid to Excalibur. Excalibur will pay the un-insuredsub-contractor a discounted am ount of the in voice. Excalibur will keep th e discount to offset the cost of the insurance prem ium andaccounting support. This same discounting procedure is offered to some insured contractors that require payment immediately after work iscompleted in order that Excalibur might provide more contractor options to our clients.

K. Owner understands and ackno wledges that Broker's real estate sales compan y, Excalibur Realty, LLC is a related company thaperforms real estate sales transactions for profit.

L. The invalidity or partial invalidity of an y provision of this agreement shall not render the remainder of this agreement invalid ounenforceable.

7. OTHER PROVISIONS

A. Notices: Ex cept as otherwis e provided h erein, all notices , including d emands, counter-offers, acceptances, ame ndments, notices of

termination, and other notices p ermitted or required hereunder shall be in writing and signed by the part y giving the notice. All noticeshall be delivered either: (1) in person, (2) by an overnight delivery service, prepaid, (3) by facsimile transmission (FAX) or (4) by the U.SPostal Service, postage prepaid or (5) by e-mail. Notice shall be deemed to have been given as of the date and time it is actually received

Notice by FAX shall be deemed to have b een given as of the date and time of the transmission if the sending FAX produces a writtenconfirmation with the date , time and telephone number to which the notice was sent. All notices or other communications required to begiven under this agreement, or otherwise necessary to be given, shall be deemed to have properly been given to owner at the address shown

below Owner's signature on this Agreement, and to Broker at 1405 Haw Creek Cir. Ste 102, Cumming GA 30041. Either Owner or Brokemay change the address at which notices are to b e received by giving the other party 10 days prior written notice of any such change. Afacsimile signature shall be deemed to be an original signature for all purposes herein. An e-m ail notice shall be deemed to have beensigned by the party giving the notice if the e- mail is sent from the e-mail address of that part y and is signed with a secure electronicsignature as that term is defined under Georgia law.

B. Assignment: This Agreement may be assigned by Broker to another real estate broker licensed in the State of Georgia upon n otice toOwner. Any assignee shall fulfill all of the terms and conditions of this Agreement.

C. Credit Report Disclosure: Owner understands and agrees that all credit report information provided to Broker by applicants or credit

reporting agencies is strictly confidential and is the sole property of Broker and Broker has no duties to provide said information to Owner

D. Time of Essence: Time is of the essence of this Agreement.

E. Responsibility to Cooperate: All parties agree to take all actions and do all things reasonably necessary to fulfill in good faith and in atimely manner the terms and conditions of this Agreement.

F. Governing Law: This Agreement is intended as a contract for the leasing and/or management of real property and shall be interpreted in

accordance with the laws of the State of Georgia. Any claim or controversy arising out of or rela ting to this Agreement, or the breach

thereof, shall b e settled by binding arbitration in Forsyth County, Georgia in accordance with t he Commercial Arbitration rules of the

American Arbitration Association, each party paying its share of the expenses.

G. Terminology: As the context may require in this Agreement: (I) the singular shall mean the plural and vice versa, and (2) all pronounsshall mean and include the person, entity, firm, or corporation to which they relate.

H. Entire Agreement: This agreement constitutes the entire agreement between Owner and Broker and there are no prior oral statements or

representations by either Owner or Broker which are binding on either party. This Agreement and the terms and conditions herein may nobe amended, modified, or waived except by written agreement of Owner and Broker. The failur e of the parties to adhere strictly to theterms and conditions of this Agreement shall not constitute a waiver of the right of the parties later to insist on such strict adherence.


13/14

Page 6 of6

8. SPECIAL STIPULATIONS: (Owner to initial beside any of the options you select)

Establish and maintain a cash reserve for the property in the amount of $ to cover repairs and expenses.

This agreement shall be for the bene fit of, and be binding upon, the parties hereto, their heirs, successor s, legarepresentatives and permitted assigns. IN WITNESS WHEREOF the parties hereto have affixed or caused to be affixedtheir respective signatures this day of 20 .

Excalibur Home Management, LLCOwner(s) Signature Geor gia Real Estate License #19514

Owner's Name(s) (PRINT)

60028Address B y (Agents Signature) GA RE LIC #

Michael E. NelsonCity State Zip Print Agents Name

Home Phone Office Phone

Fax Number Mobile Phone

Social Security # or Federal Tax ID

E-Mail Address

RECEIPT OF A COPY OF THIS AGREEMENT IS HEREBY ACKNOWLEDGED BY OWNER. THE ABOVEAGREEMENT IS HEREBY ACCEPTED, ______ OCLOCK ___ M ON THE _____ DAY OF ________________, 20_____.


14/14

Help you establish the best selling price for your home in today's market by preparing a FREE ComparaMarket Analysis.

Be a valuable source of information to keep you up to date on market conditions and the competition. Tensures you have the market knowledge to make the choices that allow your home to sell for maximum valu

Help you prepare your home for showing to make it most attractive to buyers. Provide an extensive marketing and advertising program to expose your home to the most buyers possible. Place your home on the First Multiple Listing System, Georgia Multiple ListingSystem, The Real Es

Book, Realtor.com and other Internet sites wemake your home available to out of town buyers and invesusing the Excalibur services.

Match your home to potential qualified buyers daily with our up to date technology. Your time will nowasted by lookers and people who cannot afford to buy your home.

Represent you during negotiations to achieve the best possible price and terms. Help arrange financing for the buyer to ensure the sale closes. Lately, loan fraud has been under local

federal investigations and indictments. Lack of knowledge is no excuse!

Handle all details from listing to closing! The inspection process requires more than average expertise. coordinate the process and arrange all appointments and inspections to ensure a smooth sale that stays togeth

Once again, thank you for contacting Excalibur for all your Real Estate needs.

One day you will need to sell your rental property or exchangeit (1031) for a better opportunity. When you sell a propertythrough Excalibur Realty, LLC, you've made the rightdecision. There are many aspects to a real estate transaction:negotiation, financing alternatives, liability, disclosurerequirements, fair housing law, and much more. We believesellers are much better off when represented by knowledgeableprofessionals that can help guide them around the many pitfallsthat might cause harm to a seller. Given the litigious nature of

our society today, sellers cannot afford to be unrepresented!

As your Seller Representative we will:

Landlord Info

Documents

Transcript of Landlord Info