APARTMENT LEASE AGREEMENT
THIS APARTMENT LEASE AGREEMENT (this “Lease”) is entered into by and between the landlord identified on the attached Schedule 1 (“Landlord”), and the tenant(s) identified on the attached Schedule 1 (“Tenant”). Landlord and Tenant shall sometimes be hereinafter collectively referred to as “parties” and individually as “party”.
IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Covenant to Lease. Upon the provisions, conditions, and covenants of this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the apartment described on the attached Schedule 1 (the “Premises”):
2. Occupants of the Premises. The members of Tenant’s household who shall reside at the Premises are identified on the attached Schedule 1. By identifying such individuals, Tenant gives Landlord permission to grant access to the Premises to such individuals. The individuals identified on the attached Schedule 1 are the only individuals (including minor children, foster children, or step children) who may reside at the Premises. No person other than the individuals identified on the attached Schedule 1 may reside at the Premises without the prior written consent of Landlord unless otherwise provided in this Lease.
3. Term. The commencement date (the “Commencement Date”) and term (the “Term”) of this Lease are set forth on the attached Schedule 1. Tenant(s) agree to vacate the premises no later than 12:00 noon on the final day of the Lease Term unless other arrangements are made in writing and/or Term is extended by Lease Agreement. If the Term is cancelled by Tenant for any reason, Tenant(s) shall be liable for the entire rent due for the remainder of the Term, or the cost of re-renting the premises, including rent lost, the cost of restoring the premises to the condition at the time it was rented, and a minimum $100.00 processing fee.
4. Rent. Tenant agrees to pay Landlord the rent (“Rent”) set forth on the attached Schedule 1. Rent shall be payable in advance of the first day of each calendar month during Lease Term commencing on the Commencement Date; provided, however, that if the Commencement Date does not fall on the first day of a calendar month, then the first Rent payment due hereunder shall be due on or before date of check-in (subject to late fees as set forth below if paid thereafter) and pro-rated for such month by taking the amount due for one month’s Rent and dividing it by the number of days in such month, and then multiplying such number by the number of days that Tenant will occupy the Premises during that month rounded up to the nearest $10. Each Rent installment shall be paid by ensuring Rent is received by Landlord by the end of day (5:00 p.m.) on the Rent due date. Rent can either be mailed (please mail five (5) days prior to due date to ensure in-time delivery) or hand-delivered to the Office located at 431 West 4th South during posted office hours. In the event that a Rent installment is not paid within five (5) days after the applicable due date (i.e. by the 5th of each month), Tenant shall pay a late charge of five percent (5%) of the past due Rent amount. If rent is not paid by the 10th of the month, Tenant shall pay an additional $5 per day (over and above the 5% late fee noted above) counted from the date due (i.e. 1st of the month) until paid in full. Tenant further agrees to pay Landlord a $35.00 fee for each check given to Landlord in payment that is returned or dishonored. Returned checks will also be subject to late fees provided herein. Rent rate is set as per current Lease Term.
5. Security Deposit. At time of Lease signing, Tenant shall deliver to Landlord a security deposit (the “Security Deposit”) in the amount set forth on the attached Schedule 1 to secure Tenant’s performance under this Lease. Landlord may deposit the Security Deposit into its general bank account with other funds of Landlord. No part of the Security Deposit shall be considered to be held in trust, nor shall the Security Deposit bear interest. Landlord, in its discretion, may use all or any portion of the Security Deposit to satisfy, in whole or in part, any obligations of Tenant under this Lease including, but not limited to, the payment of past due Rent, past due utilities and services, late charges, damages, liens against the Premises created by or as a result of the conduct of Tenant, or any attorney(s) fees and costs incurred by Landlord to obtain possession of the Premises or to enforce Landlord’s rights under this Lease. Within thirty (30) days of the date on which this Lease is terminated, Landlord shall provide Tenant with a refund of the balance of the Security Deposit if a refund is due under the terms of this Lease. Should Landlord apply all or any portion of the Security Deposit to cure a default of Tenant hereunder, Tenant shall immediately replenish the amount of the Security Deposit so applied.
6. Cleaning Fee. A cleaning fee (the “Cleaning Fee”) of $100 is considered a non-refundable portion of the security deposit at check-out that may be used by Landlord to professionally clean carpets as deemed necessary by Landlord.
7. Tenant’s Duty to Clean. Throughout the Term, Tenant shall have the ongoing obligation to maintain the Premises (including outside of Tenant Apartment—i.e. no garbage on sidewalk/landing area or items of any kind including grills, bicycles etc.) in a clean and orderly manner including, without limitation, all carpets, floors, walls, windows, blinds, drapes, bathrooms, kitchen, furniture, and appliances. Should Tenant fail to maintain the Premises in a clean and orderly manner, Landlord shall have the right to use the Security Deposit to have the Premises, or any part thereof, professionally cleaned. If any part of the Security Deposit is used to clean the Premises during the Term (or any Renewal Term) of this Lease, then Tenant shall, upon Landlord’s demand, replace by payment to Landlord the amount of the Security Deposit used by Landlord for such cleaning. Upon termination of this Lease, Tenant shall clean and restore the Premises to its condition existing at the commencement of this Lease, normal wear and tear excepted, such condition being established by the “Apartment Condition Checklist” completed by the Tenant and verified (as deemed necessary) by Landlord at the commencement of the lease Term, the same being incorporated herein by this reference. If Tenant fails to restore Premises to the condition existing at Lease commencement, the cost for Landlord to perform such cleaning will be in addition to the Cleaning Fee retained by Landlord for cleaning upon Tenant departure. Tenant agrees that soilage of the Premises and/or stains do not constitute normal wear and tear for purposes of this Lease.
8. Utilities and Services. Provision for land-line telephone is provided by Landlord in each apartment Premises. Activation and payment for such services (if wanted) will be the responsibility of Tenant. Satellite television service must be acquired through Landlord. Request of satellite television activation and payment for such service (if wanted) will be the responsibility of Tenant and will be added to the Tenant rent at the rate so designated by Landlord on a monthly basis. Payment of electricity will also be the responsibility of the Tenant. Tenant is responsible to contact the power company (Rocky Mountain Power) and indicate the move-in date or the Commencement Date (whichever is earlier) as the beginning date of tenant electrical usage responsibility. If Tenant fails to contact the power company to place billing responsibility upon self, the Landlord will receive the monthly bill. This charge will be provided by Landlord to the Tenant for immediate payment. A $10 service fee will be added to each monthly unpaid power bill to compensate for collection directly from Tenant. Interruption or failure of any utility or service furnished or supplied to the Premises shall not entitle Tenant to any claim against Landlord, to any reduction in Rent, or to a refund of any amounts paid by Tenant hereunder. Wireless internet is provided to tenant as part of provided amenities by Landlord to Tenant. If Tenant desires wired internet to be provided, Tenant will be responsible to pay an additional $15 per month fee for such service.
9. Use of Premises. The Premises shall only be used as a single-family private residence by Tenant and the persons identified as occupants on the attached Schedule 1. Single-family residence is defined as two adults and potential children. Any diversion from this definition requires Landlord approval. Tenant shall not permit other individuals to reside in the Premises or to treat the Premises as a residence for any period of time. Tenant shall not misuse, waste, or neglect the Premises, nor shall Tenant use the Premises for any business, commercial, immoral, or unlawful purpose, or commit, maintain, suffer, or permit any nuisance on or about the Premises. Tenant shall not use or store hazardous or extremely flammable materials or substances in or about the Premises. Should Tenant fail to comply with any covenant or provision of this paragraph, Landlord may terminate this Lease and commence unlawful detainer proceedings.
10. Termination of Tenancy. Upon termination of the tenancy contemplated by this Lease for any reason, Tenant shall surrender and vacate the Premises, including the removal of all of Tenant’s property from the Premises. Upon or before departure, Tenant shall return to Landlord all keys to the Premises (including two apartment keys and one mailbox key), and shall notify Landlord that the Premises is ready for inspection. Cleaning and damage assessments will be determined during inspection. If cleanliness of departed tenant apartment is not at the required condition of management upon inspection, the cost to have cleaning personnel clean to management standard will be billed at $50/hour. Any items left behind by tenant upon departure will be considered abandoned and will be disposed of as per Landlord sole discretion. Time to dispose/cost to dispose of such abandoned items will be calculated and withheld from Tenant deposit when deposit refund amount is calculated.
11. Multiple Tenants. As used in this Lease, the term “Tenant” shall include all Tenants, whether one or more. All Tenants shall be jointly and severally liable for Tenant’s obligations under this Lease including, but not limited to, all damage to the Premises. If the Premises are occupied by multiple Tenants, each Tenant hereby appoints the other Tenant(s) as his or her agent for purposes of receiving all notices from Landlord under this Lease. Each Tenant also hereby appoints the other Tenant(s) as his or her agent for receiving service of process in any legal action which may arise from Tenant’s residency, use of the Premises, or otherwise. Landlord’s obligation to remit and account for all or any portion of the Security Deposit shall not arise until this Lease is lawfully terminated as to all Tenants. If Tenant is entitled to a refund of all or any portion of the Security Deposit, Landlord shall remit the same to the person who is the last signatory to this Lease to lawfully terminate their tenancy regardless of who paid the Security Deposit.
12. Pets and Animals. No pets or animals of ANY kind for any reason shall be kept, brought or permitted on the premises by Tenants or any relative, friend or guest of Tenants without the prior written consent of Landlord. Breach of this contract provision by Tenants shall be grounds for immediate eviction of Tenants without opportunity to cure this breach of contract by Tenants. Furthermore, Tenants shall be liable for any injury to person or damage to property, including without limitation damage to the Premises, relating to or resulting from any pet or animal kept, brought or permitted on the premises by Tenants or any relative, friend or guest of Tenants. If Tenants disregards this stipulation in any manner, the entire security deposit will be forfeited for potential damage and this lease agreement will be terminated at Landlord’s sole discretion.
13. Assignment and Subletting. Tenant shall have no right to assign or sublet any interest under this Lease. Landlord shall have no obligation to consent to any such assignment or sublease. Landlord shall have the right to assign all or any interest or right of Landlord under this Lease to any person or entity at any time.
14. Maintenance and Repair. Should Landlord determine that an expense for maintenance or repair was incurred as a result of misuse, waste, or neglect of the Premises by Tenant, or any other act or omission of Tenant, Landlord shall have the right to demand from Tenant reimbursement for such expense within twenty (20) days of the date such expense was incurred, and to apply all or any portion of the Security Deposit to such expense. In the event that Tenant fails or refuses to reimburse such expense upon terms acceptable to Landlord, Tenant shall be in breach of this Lease and Landlord shall be entitled to all remedies set forth herein. All requests by Tenant for maintenance or repairs shall be made to Landlord in writing.
15. Alterations and Improvements. Tenant shall not make any alterations, additions, or improvements to the Premises, or wallpaper or paint any part of the Premises. Tenant shall not make any contract for construction, repair, or improvement to the Premises, and shall not cause or permit the filing of a mechanic’s, materialmen’s, or other lien against the Premises. All single bedroom units are provided in a furnished condition with kitchen table, sofa, and queen-sized bed. Such furnishings are Landlord property. If removal of any of the furnishings is requested by Tenant, a charge of $50 will be assessed to Tenant per removal appointment (whether for just one furnished item or for all). Appointments to remove must be scheduled at least three (3) days prior to desired date of furnishing removal. Furnishings must either be maintained within Tenant apartment or in Landlord premises. Storage in any other location is strictly prohibited and subject to forfeiture of full security deposit. Removal must only occur via Landlord notification and scheduling. Screws are placed in wall by Landlord for Tenant decoration. Any nails or screws or other hanging device added by tenant which punctures or damages wall in any way will be assessed a minimum $25 per hole/puncture fee upon move out. Holes/wall damage caused by tenant are not to be repaired by Tenant. The fee to fix inappropriate repairs by Tenant will be at least double the minimum $25 per hole fee. Tenants are NOT to plug in/install any routers or other technology reception or signal diffusing devices of any kind. Such devices diffuse Landlord provided wireless internet and affect other Tenants. Any Tenant found with such installed devices will forfeit full Tenant deposit and will be required to immediately reinstate a full deposit.
16. Inspection of the Premises. Landlord shall have the right to access all areas of the Premises for purposes of inspecting, maintaining, and repairing the same or having a contractor perform any work deemed necessary by Landlord. Landlord may attempt to give Tenant notice of any inspections, maintenance, repair, or work; however, such advance notice shall not be required. In addition, Landlord shall have the absolute right to access all parts of the Premises at any time particularly in the event that Landlord deems an emergency to exist, or in the event that Landlord feels such access is necessary in order to avert damage or injury to any person or property (including the Premises), or to prevent or investigate the violation or potential violation of any provision of this Lease. Landlord shall also have the absolute right to post signs directing potential future tenants to the Premises or advertising the Premises for sale, and to show the Premises to prospective purchasers and/or lessees at all reasonable times. The rights of Landlord under this paragraph shall extend to Landlord’s employees, agents, and representatives.
17. Abandonment by Tenant. Abandonment of the Premises by Tenant shall constitute a breach of this Lease and shall entitle Landlord to all remedies under this Lease and applicable law. Landlord shall have the right to declare the Premises abandoned upon (a) Tenant’s absence from the Premises for more than twenty (20) days without prior notification to Landlord; or (b) the removal of Tenant’s household furniture and other personal belongings from the Premises. Upon the occurrence of any one or more of the foregoing, or upon the occurrence of any other conduct by Tenant which indicates Tenant’s abandonment of the Premises, Landlord shall be entitled to declare the Premises abandoned and to retake possession thereof. Landlord reserves the right to re-enter the Premises three (3) days after posting a notice of intent to retake possession of the Premises on the door of the Premises. In the event that the Premises are abandoned by Tenant, Landlord, at Landlord’s discretion and as agent for Tenant, may relet the Premises for the whole or any part of the then unexpired Term, may receive and collect all Rent payable by virtue of such reletting, and, at Landlord’s option, may hold Tenant liable for any difference between the Rent collected by Landlord by virtue of such reletting and the Rent which would have been payable by Tenant under this Lease during the balance of the unexpired Term (or Renewal Term). All personal property remaining in or about the Premises upon termination of Tenant’s tenancy (whether by expiration or termination of this Lease or abandonment of the Premises) for more than three (3) days shall be deemed abandoned personal property. Tenant hereby surrenders all right, title, and interest in and to such abandoned personal property and agrees that Landlord may keep, sell, or otherwise dispose of such abandoned personal property as Landlord deems appropriate in Landlord’s sole discretion. Tenant further agrees that Landlord shall have the right to charge the expense of handling, storing, or otherwise disposing of such abandoned personal property against the Security Deposit or to otherwise recover such expenses from Tenant.
18. Indemnification and Liability. Tenant acknowledges Tenant opportunity to fully inspect the Premises and accepts the Premises as conditioned upon occupancy permit of jurisdiction municipality (City of Rexburg). Landlord shall not be liable for any loss, damage, or injury to Tenant or to any other person or to any property occurring on or about the Premises whatever the cause. Tenant agrees to defend, indemnify, and hold Landlord harmless from any and all claims, liabilities, damages, losses, suits, actions, and expenses (including, but not limited to, attorneys’ fees and costs) arising out of or relating to (a) any loss, damage, or injury to Tenant or to any other person or to any property occurring on or about the Premises whatever the cause; (b) Tenant’s use or occupancy of the Premises, or that of Tenant’s family, invitees, or guests; and/or (c) Tenant’s breach of any of the terms or provisions of this Lease. Tenant shall bear the risk of loss from whatever cause with regard to all personal property of Tenant kept in, on, or about the Premises. Tenant is hereby advised to obtain renter’s insurance and liability insurance as any insurance maintained by Landlord does not cover Tenant’s property or Tenant’s liability.
19. Destruction of the Premises. Destruction of the Premises during the Term (or any Renewal Term) of this Lease which is not caused by an act or omission of Tenant, or taking of the Premises by eminent domain, shall terminate this Lease as of the date of destruction or taking (except for the purpose of enforcing rights which may have then accrued hereunder), and Tenant shall immediately surrender the Premises to Landlord and pay Rent only up to and including the time of surrender. If the Premises are damaged but are capable of being repaired within a reasonable amount of time, Landlord shall have the option to repair the Premises and to collect Rent from Tenant in proportion to that portion of the Premises that have remained of use and service to Tenant, and this Lease shall continue according to its terms; provided, however, that upon completion of such repairs, Tenant’s Rent obligation shall be immediately restored to its full amount as specified in Paragraph 4 above. Any condemnation award arising in connection with the Premises shall belong exclusively to Landlord. Destruction of the premises, whether visible physical destruction or destruction of name and reputation of facility via any negative social media means, is fully understood and fully accepted by Tenant as prohibited under this lease and subject to all available legal and criminal proceedings.
20. Drug Free Property. Drugs, as herein to be understood, are defined as any illegal drug, any alcoholic substance and includes cigarette smoking and/or possession of tobacco in all its forms. Tenant, Tenant’s family, and Tenant’s visitors and/or guests shall not possess, consume, manufacture, or sell any drug in or about the Premises. Violation of this provision shall be grounds for immediate termination of this Lease without prior notice to Tenant. Tenant agrees that Landlord shall have the right to report evidence of drug-related activity to any law enforcement or other governmental authority, and that the reporting of such drug-related activity and the subsequent activities of Landlord, law enforcement, or other government officials shall not constitute interference with Tenant’s quiet use, possession, and enjoyment of the Premises.
21. Vehicles. Only vehicles maintained in good operating condition and properly licensed may be parked at the Premises. No trailers, campers, boats, or disabled vehicles may be parked or stored at the Premises without Landlord’s prior written consent. Trucks and other vehicles larger than pickup variety are strictly prohibited. Vehicles, bicycles, and other mechanical equipment may be driven or parked only in designated areas and never on lawns or sidewalks. There shall be no major repairs or disassembling of vehicles, no changing of oil, and no used oil being placed in garbage dumpsters or other receptacles at or about the Premises. Unauthorized vehicles will be towed at the vehicle owner’s expense. Only vehicles used regularly are to be parked curbside (nearest to entry doors). All Tenant vehicles are to possess a vehicle sticker from Landlord Office authorizing parking in the premises at a cost of $10 per vehicle sticker. These parking stickers possess the apartment number occupied by the Tenant. If Tenants move apartments, new stickers must be acquired to correctly identify the apartment number occupied by the Tenant. Vehicles are to be moved as directed by Landlord for any parking lot maintenance (including snow removal). Landlord retains right to tow Tenant vehicle(s) in the event of Tenant disregard of vehicle relocation notice. Tenant will be responsible for all cost associated with Landlord-requested towing plus an additional Landlord nuisance fee of $50.
22. Smoke Alarms. Tenant hereby certifies that all smoke alarms located in the Premises are functioning properly as of city occupancy permit date. It shall be the sole responsibility of Tenant to test and check all smoke alarms in the Premises on a frequent basis. If a smoke alarm in the Premises is battery operated, Tenant agrees to replace all such batteries when necessary. Tenant shall immediately report any smoke alarm malfunctions or failures to Landlord in writing. Tenants are NOT to remove smoke alarms as this is a life-safety hazard. Tenants found to have smoke alarms removed will be assessed an immediate $50 per smoke alarm re-install fee or a $100 full replacement fee if the smoke alarm cannot be found.
23. Breach or Default. The failure of Tenant to pay any Rent or other amount required under this Lease promptly when due, or to comply with any other term or provision of this Lease, shall constitute a breach of this Lease and shall, at the option of Landlord, empower Landlord to terminate this Lease and pursue any additional remedies to which Landlord is or may be entitled. Any such termination shall not terminate Tenant’s obligation to pay Rent or any other amounts required by this Lease for the balance of the current Term. In the event of a breach or default by Tenant under any provision of this Lease, Landlord shall serve upon Tenant, if required by Idaho law and in accordance therewith, a three-day notice identifying the nature of such breach or default. If such breach or default may be cured by Tenant and Tenant cures the same within such three-day period, then Tenant shall be entitled to continue Tenant’s occupancy of the Premises under the terms of this Lease. In the event that Tenant does not or cannot cure such breach or default, then Landlord, at Landlord’s option, may declare this Lease to be terminated and may obtain possession of the Premises as permitted by Idaho law. Tenant expressly acknowledges and agrees that repeated late payment of Rent or other amounts payable to Landlord under the terms of this Lease shall be grounds for termination of this Lease and eviction.
24. Waiver of Rights and Terms. Any failure by Landlord to enforce any term or provision of this Lease shall not constitute a waiver of such term or provision, or any other term or provision of this Lease. The acceptance by Landlord of any portion of Rent due before or after any default by Tenant shall not be construed as a remedy of any default or a waiver of any right of Landlord to affect any notice or legal action previously given or commenced. A waiver by Landlord of any term or provision of this Lease, or any other right of Landlord, shall be valid only if such waiver is reduced to writing and signed by Landlord, and only in the instance for which it is given. A modification of any provision of this Lease shall be effective only if such modification is reduced to writing and signed by Landlord and Tenant.
25. Delivery of Possession. In the event that possession of the Premises cannot be delivered to Tenant upon commencement of the lease Term, and provided that such non-delivery is through no fault of Landlord, there shall be no liability on the part of Landlord, but the Rent obligations of Tenant under this Lease shall abate until possession of the Premises is delivered to Tenant. In any such event, Landlord shall have thirty (30) days in which to deliver possession of the Premises to Tenant, and if possession of the Premises is tendered within such time, Tenant agrees to accept the Premises and pay all Rent as provided in this Lease; however, if possession of the Premises is not tendered within such time, then this Lease and all rights under this Lease shall terminate and be of no further force or effect.
26. Apartment Handbook. By executing this Lease, Tenant acknowledges receipt of the Apartment Handbook applicable to the Premises attached hereto as Exhibit “A” (the “Apartment Handbook”). Tenant agrees to review the Apartment Handbook and become familiar with its terms and provisions. Tenant acknowledges that the Apartment Handbook constitutes a part of this Lease and is incorporated herein by this reference, and Tenant agrees to comply with the terms and provisions of the Apartment Handbook at all times. To the extent that the terms of the Apartment Handbook conflict with the terms of this Lease, the terms of this Lease shall govern and be controlling.
27. Notices. Any notice to Tenant shall be deemed served on the day when such notice is either personally delivered or posted on the main entrance to the Premises and mailed by first class mail. Tenant agrees that the posting of a notice on the main entrance to the Premises and the mailing of such notice by first class mail is the equivalent of personal delivery of the notice. Tenant agrees that any time period set forth in any notice shall not be expanded by reason of service of such notice by mail.
28. Attorney Fees. In the event that either party brings suit to enforce or interpret this Lease, or brings suit for damages on account of the breach hereof, the prevailing party shall be entitled to recover from the other party or parties the prevailing party’s reasonable attorneys’ fees and costs incurred in any such action, in addition to any other relief to which the prevailing party is or may be entitled.
29. Entire Agreement. This Lease, including the attached Schedules 1 and 2, the Apartment Handbook, and the Apartment Condition Checklist attached hereto as Exhibit “B”, constitutes the entire agreement between Landlord and Tenant with respect to the subject matter thereof, all prior negotiations, understandings, representations, warranties, and agreements being merged therein. This Lease may only be amended by a written instrument signed by Landlord and Tenant.
30. Severability. Each provision of this Lease shall be interpreted in such manner as to be valid under applicable law; however, if any provision of this Lease is deemed to be invalid or prohibited under applicable law, then such provision shall be ineffective only to the extent of such invalidity or prohibition without invalidating or prohibiting the remainder of such provision or the remaining provisions of this Lease.
31. Governing Law. This Lease shall be deemed to have been made in the State of Idaho and its validity, construction, breach, performance, and operation shall be governed by the laws of the State of Idaho applicable to contracts made and to be performed in the State of Idaho.
32. Binding Effect. The covenants and conditions contained in this Lease shall apply to and be binding upon the parties hereto, and their respective heirs, representatives, successors, and permitted assigns.
33. Time of the Essence. Time is of the essence of this Lease, and of the performance of each and every term and provision hereof.
34. Titles and Headings. Titles and headings of paragraphs of this Lease are for convenience and reference only, and shall not affect the construction of any term or provision hereof.
35. Subordination. Tenant acknowledges that this Lease, and all rights of Tenant under this Lease, are subject and subordinate to the lien of any and all mortgages, deeds of trust, and other security instruments executed by Landlord which may now or hereafter affect the Premises, or any part of the Premises, and to any and all renewals, modifications, and/or extensions of any such mortgages, deeds of trust, and security instruments. Tenant shall, on demand and without expense to Landlord, execute, acknowledge, and deliver to Landlord any and all instruments which may be necessary or proper to subordinate this Lease and any rights of Tenant hereunder to the lien of any such mortgage, deed of trust, or security instrument. Should Tenant fail at any time to execute, acknowledge, and deliver any such subordination instrument, Landlord may, in addition to any and all other remedies available to Landlord in consequence thereof, execute, acknowledge, and deliver such subordination instrument as Tenant’s attorney-in-fact and in Tenant’s name. Tenant hereby irrevocably makes, constitutes, and appoints Landlord (including Landlord’s employees, agents, representatives, successors, and assigns) as Tenant’s attorney-in-fact for such purpose.
36. Remedies Cumulative. All rights and remedies of Landlord under this Lease shall be cumulative and shall not be mutually exclusive.
37. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. This Lease may be signed and delivered by facsimile or electronic transmission which shall be effective as an original.