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9 <br />13. Occupants: The Tenant shall not allow or permit the:•Premises to be occupied or used as a residence <br />- by any person other than Tenant and the Permitted Occupants. - <br />l4. Renta! Application: In the event the Tenant has submitted a Rental Application in connection with <br />this lease, Tenant acknowledges that the Landlord has relied upon the Applir~atian as as inducement for entering into <br />this Lease and Tenant warrants to Landlord that the facts stated in the Application are true to the best of Tenant's <br />knowledge. If any facts stated in the Rental Application prove to be untrue, the Landlord shalt have the right to <br />terminate the tenancy and to collect from Tenant any damages resulting therefrom. <br />15. Tenant's Duties Upon Termination: Upon any termination of the Tenancy created hereby, whether <br />by the Landlord or the Tenant and whether for bleach or otherwise, the Tenant shall: {l) pay all utility bills due for <br />services to the Premises for which he is responsible and have all such utility services discontinued: (2) vacate the <br />Premises removing therefrofn all Tenant's personal property of whatever nature; (3} properly sweep and clean the <br />Premises, including plumbing fixtures, refrigerators, stoves and sinks, removing therefrom all rubbish, trash, <br />garbage and refuse; {4) make such repairs and perform such other acts as are necessary to return the Premises, and <br />any appliances or fixtures furnished in connection therewith, in the same condition as when Tenant took possession <br />of the Premises; provided, however, Tenant shall not be responsible for ordinary weaz and tear or for repairs <br />required by law or by paragraph 6 above to be performed by Landlord; (5) fasten and lock .all doors and windows; <br />(b) return to the Landlord all keys to the Premises; and (7} notify the Landlord of the address to which the balance of <br />the Security Deposit may be returned. If the Tenant fails to sweep out and clean the Premises, appliances and <br />fixtures as herein provided, Tenant shall become liable, without notice or demand, to the Landlord for the actual <br />costs of cleaning (over and above ordinary wear and tear), which may be deducted from the Security Deposit as <br />provided in paragraph 4 above. - <br />16. Tenant's Default: In the event the Tenant shall fail to: <br />(a) pay the rentals herein. reserved as and when they shall become due hereunder; ar <br />(b) perform any other promise, duty or obligation herein agreed to by him or imposed upon him by law and <br />such faihire shall continue for a period of five {5} days from the date the Landlord provides Tenant with <br />written notice of such failure, <br />then in either of such events and as often as either of them may occur, the Landlord, in addition to all other rights <br />and remedies provided by Iaw, may, at its opfion and with or without notice to Tenant, either (i) terminate this Lease <br />or (ii) terminate the Tenant's right to possession of the Premises without terminating this lease. Regazdless of <br />whether Landlord terminates this lease or only terminates the Tenant's right of possession without terminating this <br />Lease, Landlord shall be immediately entitled to possession of the Premises and the Tenant shall peacefully surrender <br />possession of the Premises to Landlord immediately upon Landlord's demand. In the event Tenant shall far! or ' <br />refuse to surrender possession of the Premises, Landlord shall, th compliance with Article 2A of Chapter 42 of the <br />General Statutes of North Carolina, reenter and retake possession of the Premises only through a summary ejectment <br />proceeding. If a summary ejectment proceeding is instituted. against Tenant, in addition to any court costs and past- <br />' due rent that may be awarded, Tenant shall be responsible for paying Landlord the Summary Ejectment ~ . <br />Administrative Fee, the amount of which shall be reasonably related to the additional expense in filing the <br />proceeding. In the event Landlord terminates this lease, all further rights and duties hereunder shall terminate and <br />Landlord shall be entitled to collect from Tenant all accrued but unpaid rents and any damages resulting from the <br />Tenant's breach. In the event Landlord terminates the Tenant's right of possession without terminating this lease, <br />Tenant shall remain liable for the full performance of all the, covenants hereof, and Landlord shall use reasonable <br />efforts to re-let the Premises on Tenant's behalt; Any such rentals reserved from such re-letting shall be applied fast <br />to the costs of re-letting the Premises and then to the rentals due hereunder. Ia fire event the reataLs from such're- <br />letting are insufficient to pay the rentals due hereunder is full, Tenant shall be liable to the Landlord for any <br />deficiency. In the event Landlord institutes a legal action against the Tenant to enforce the lease or to recover any <br />sums due hereu~ider, Tenaut agrees to pay Landlord reasonable attorney's fees in addition to all other damages. No <br />fees may be deducted from the Tenant Security Deposit until the termination of the tenancy. <br />17. Landlord's Default; Limitation of Remedies and Damages: Until the Tenant notifies the Landlord <br />in writing of as alleged default acid affords the Landlord a reasonable time within which to cure, no default by the <br />_ _ Landlord in the performance of any of the promises or obligations herein agreed to by him or imposed upon him by <br />__ , . _- ;. <br />-" ~~~ ~ law shall constitute a iYiateiial breach of this lease and the Tenant shall have no nght to terminate this tease fog any ' ""' <br />such default or suspend his performance hereunder. In any legal action instituted by the Tenant against the Landlord, <br />the Tenant's damages shall be limited to the difference, if any, between •the rent reserved in this lease and the <br />reasonable rental value of the Premises, taking into account the Landlord's breach or breaches, and in no event shall <br />the Tenant collect any consequential or secondary damages resulting from the breach or breaches, including but not <br />limited to the following items: damage or destruction bf fiuui[ure or other personal property of any kind located in <br />Page 4 of 6 <br />Tenant Initials <br />