Renters Reserve - ENROLLMENT AGREEMENT -TX

THIS ENROLLMENT AGREEMENT (Agreement) is entered into between HOME ADVANTAGE REAL ESTATE SERVICES, INC. (HARES) and (Resident) ____________________ to be effective on the date that HARES accepts this Agreement and enrolls Resident into the Program described below (the Enrollment Date), all as evidenced by the date shown under HARESs signature line on this Agreement. RECITALS A. HARES has established a Renters Reserve Program (the Program) whereby participating residents currently in a rental lease agreement with either an apartment community or individual home owner units may, upon the fulllment of certain conditions, receive specied benets in connection with the purchase of a newly constructed residential dwellings (Builder/Sellers Home) from a builder participating in the Program (Participating Builder/Seller) B. Resident desires to enroll in the Program on the terms set forth in this Agreement. C. Residents who receive benefits as outlined in A are still responsible for any and all lease terms and conditions set forth in their rental agreement. HARES is in not liable for any duties, responsibilities or obligations related to residents current rental lease arrangement. 1. PLAN BENEFITS. During the term of this Agreement, if Resident (a) designates HARES as his or her sole real estate broker with respect to the purchase of an approved Builder/Seller home in accordance with the procedures hereinafter set forth and (b) contracts with the an approved Builder/Seller with the intent to close on the home in a transaction in which HARES is entitled to a sales commission by virtue of Resident having so designated HARES as his or her sole real estate broker, and (c) has been screened and qualified by an approved HARES mortgage lender, Resident shall receive from HARES the Renter's Reserve amount calculated as described below (the Renter's Reserve Amount). The calculations of the Renter's Reserve Amount described below: (i) Program #1. The Renter's Reserve Amount will equal one months worth of the residents fixed monthly rental obligation as provided and shown in residents current lease agreement. (excluding rents due for amenities such as garage or carport and/or rents for boat slips and storage areas, appliance rental fees, nes and/or any sums charged because of a delinquency) If residents Renter's Reserve Amount exceeds the Maximum Renter's Reserve Amount (MRRA see definition below), then resident is responsible for paying their landlord the remaining portion of their rent. (ii) Program #2. The Renter's Reserve Amount will equal two months worth of the residents fixed monthly rental obligation as provided and shown in residents current lease agreement. (excluding rents due for amenities such as garage or carport and/or rents for boat slips and storage areas, appliance rental fees, nes and/or any sums charged because of a delinquency) If residents Renter's Reserve Amount exceeds the Maximum Renter's Reserve Amount (MRRA see definition below), then resident is responsible for paying their landlord the remaining portion of their rent. At the discretion of HARES, Program #2 participants may be eligible to share in certain seller/builder incentive or bonuses programs (if offered and qualified) normally reserved for real estate brokers. Maximum Renter's Reserve Amount (MRRA). The maximum Renter's Reserve Amount shall not exceed 1% for Program #1 and 1.5% for Program #2 of the net purchase price shown on the negotiated sales purchase contract of the Builder/Sellers Home. If Program calls for it, Resident will receive an amount up to the MRRA but any difference in rent due above this amount will not be paid by HARES. As stated in RECITAL C above, resident understands HARES is not responsible for paying residents rent and is accountable for the terms and obligations under their existing lease agreement are fulfilled. One Renter's Reserve Amount per Home. In no event will more than one Renter's Reserve Amount, calculated as described in this Agreement, be paid in connection with the purchase of a Builder/Sellers Home, even if more than one participating Resident is involved in such purchase. Payment of Renters Reserve. HARES will advance Renters Reserve funds to resident no earlier than 60 days before established closing date provided resident has met the terms and conditions set forth in this agreement. HARES reserves the right at its discretion to avail funds as a credit at closing should residents qualification and/or other contributing factors give reason for doing so. Texas Law. The payment of the Renter's Reserve Amount by HARES is subject to certain restrictions in accordance with Texas Law, and it is the intent of this Agreement to comply with all such restrictions. 2. DEFAULT. If resident has received funds for the Renters Reserve Amount and subsequently defaults or fails to close on the purchase of the contracted home or becomes aware closing will not take place, CLIENT WILL BE RESPONSIBLE FOR IMMEDIATE RETURN OF ALL RENTERS RESERVE FUNDS unless granted an extension by HARES. Failure to return funds to HARES within 3 days of closing date will initiate collection proceedings.

3. PARTICIPATING ROOMMATES. If Resident has a roommate who is named as a co-resident on the lease, such roommate may enroll separately in the Program by entering into a separate Enrollment Agreement. In such event, the Residents roommate shall be a Participating Roommate, and Resident and the Participating Roommate shall each be entitled to the full Renter's Reserve Amount in connection with a purchase of a Builder/Sellers Home; provided always, however, that Resident understands and acknowledges only one Renter's Reserve Amount, not to exceed the applicable described in this Agreement, will be paid in connection with the purchase of such Builder/Sellers Home. 4. RESIDENTS ACTIONS. As a condition to receiving any portion of any Renter's Reserve Amount, Resident must fulll the conditions described in this Agreement in a timely fashion, including those set forth below. a. Resident must sign an Agency Agreement with HARES naming HARES as Residents sole real estate agent with respect to the purchase of a Builder/Sellers Home prior to entering into negotiations for the purchase of a Builder/Sellers Home. The Agency Agreement must be in full force and effect at the time Resident contracts for the purchase of a Builder/Sellers Home and at the time of Residents Closing of such purchase. To the extent any terms of the Agency Agreement are in conict with the tenants hereof, the tennants of the Agency Agreement shall control. THE PARTIES ACKNOWLEDGE, AGREE AND CONFIRM THAT THIS AGREEMENT IS NOT AN AGENCY OR BROKERAGE AGREEMENT, NOR DOES IT CONSTITUTE A BINDING AGREEMENT WHEREBY THE PARTIES ARE REQUIRED TO ENTER INTO AN AGENCY OR BROKERAGE AGREEMENT. RESIDENT MAY ELECT TO ENGAGE HARES AS ITS AGENT OR BROKER BY SIGNING AN AGENCY AGREEMENT AS DESCRIBED ABOVE (OR IT MAY ELECT NOT TO DO SO) IN CONNECTION WITH THE PURCHASE OF A BUILDERS HOME. IF RESIDENT DOES NOT ENGAGE HARES AS HIS/HER BROKER AS PROVIDED HEREIN, RESIDENT UNDERSTANDS THAT NO Renter's Reserve Amount WILL BE PAYABLE. b. Resident shall acknowledge that HARES is Residents sole real estate agent with respect to the purchase of a Builder/Sellers Home in the sales contract or other agreement for the purchase of a Builder/Sellers home; c. Resident shall deliver to HARES a copy of the sales contract between Resident and Participating Builder/Seller within two (2) business days after its execution by both parties, or upon such earlier time as may be required by HARES; d. Resident shall comply with such other rules and procedures regarding operation of the Program as HARES may from time to time adopt. e. If all conditions set forth herein are not satised at the time of closing, Resident will not receive the Renter's Reserve Amount and neither HARES nor any Participating Builder/Seller will have any obligation to Resident with respect to the Renter's Reserve Amount. 5. LEASE CANCELLATION NOTICE. Resident shall be responsible for all cancellation or early termination fees relating to Residents Lease and shall not seek payment thereof from HARES. 6. TERM. The term of this Program and Agreement shall commence on the Enrollment Date and continue until the earlier of (i) the date of expiration, termination or cancellation for any reason of Residents lease, (ii) termination of the Program, (iii) receipt by Resident from HARES. The Program can be terminated at any time in the discretion of HARES. 7. RELOCATION. Residents participation in the Program will continue and his or her enrollment transferred without penalty or fee in the event Resident moves to any other rental residence. Resident noties HARES of intent to transfer, such notification to include the name of their new residence, and a new Enrollment Agreement is executed at the time of move-in. In such event, Residents Renter's Reserve Amount will be recalculated based on the new lease and prior to the date of closing on a purchase of a Builder/Sellers Home. 9. AGENCY DISCLOSURE. Although Resident must sign an Agency Agreement with HARES at a later date as described above if it desires that HARES be Residents broker and if Resident desires to receive a payment of the Renter's Reserve Amount, which Agency Agreement will establish HARES as Residents sole and exclusive real estate broker with respect to the purchase of a Builder/Sellers Home, HARES hereby discloses the following matters (all of which will be superseded by the terms of the subsequent Agency Agreement to the extent the Agency Agreement is inconsistent herewith): a. Approval of Intermediary Relationship. Resident hereby acknowledges that Resident is aware that HARES may serve as an agent for some of the Participating Builders/Sellers pursuant to an agency agreement previously entered into between HARES and the Participating Builders/Seller. Resident hereby consents to HARESs representation of the Participating Builders/Seller. Resident acknowledges and agrees that HARES may act as an intermediary, subject to the provisions of Section 15C of the

Real Estate License Act, enforced in the State of Texas (TRELA), between the Participating Builders/Sellers and Resident. By naming HARES as Residents sole real estate broker with respect to the purchase of a Builder/Sellers Home at the time Resident enters into the Agency Agreement, Resident will be authorizing HARES to act in such an intermediary capacity and will be waiving any conict of interest which might arise as a result of HARES serving in such capacity; provided, however, that HARES will be required to comply with any and all laws, ordinances, governmental opinions and rulings relating to the intermediary relationship and shall not, except through the actions of sales persons or associated brokers appointed with the permission of the Participating Builder/Seller and Resident in accordance with TRELA, favor one party over the other, give opinions or advance to r l either party, or disclose any confidential information of one party to the other without the written instructions of that party (unless disclosure of that information is required by TRELA, court order or is information materially related to the condition of the property being sold). b. Resident acknowledges that, prior to execution of this Agreement, Resident has reviewed and read Exhibit A, information About Brokerage Services, attached hereto and made a part hereof. c. Resident is aware of HARESs representation of Participating Builders/Sellers, and is aware that, if Resident elects to engage HARES as its broker as described herein, HARES will receive a commission from a Participating Builder/Seller upon the closing of a sale of a Builder/Sellers Home to Resident. HARESs compensation will be paid by the Participating Builders/Sellers as provided in the agency agreement between HARES and the Participating Builders/Sellers. The parties are aware that compensation payable to real estate brokers is not xed, controlled, recommended, suggested or maintained by the Texas Association of Realtors, any multiple listing service, other listing services or by Texas law; that brokerage fees are set by individual rms and they may be negotiable; and that the compensation amounts payable to HARES by the Participating Builders/Sellers have been negotiated and agreed upon. Resident is also aware that HARES may receive compensation from third-party service providers for goods and services provided by HARES as part of the Program. d. Resident understands that HARES i. may not disclose to a Resident that a Participating Builder/Seller will accept a price less than the asking price unless otherwise instructed in a separate Writing by the Participating Builder/Seller; ii. may not disclose to a Participating Builder/Seller that Resident will pay a price greater than the price submitted in a written offer to the Participating Builder/Seller unless otherwise instructed in a separate writing by Resident; iii. may not disclose any confidential information or any information a party specifically instructs HARES in writing not to disclose unless otherwise instructed in a separate Writing by the respective party or required to disclose such information by TRELA or a court order or if the information materially relates to the condition of the property; iv. shall treat all parties to the transaction honestly; and v. shall comply with TRELA. e. Resident is aware that any Renter's Reserve Amount received by Resident in connection with the purchase of a Builder/Seller s Home may be taken into account by Residents lender, and may adversely affect the amount of the loan for which Resident is eligible. Resident is encouraged to consult with his or her lender as to the effect, if any, of the Program and/or Residents possible receipt of a Renter's Reserve Amount. Resident acknowledges that HARES is not an expert in lending or nancing and does not purport to give advice with regard to nancing issues. f. Resident is aware that Resident may deal directly with an agent of a Participating Builder/Seller other than HARES, and that such party may prepare the purchase and sale agreement and other documents related to the purchase of a Builder/Sellers Home. Resident acknowledges that HARES is not providing and will not provide legal advice, and Resident is encouraged to consult with an attorney about the terms of any legal documents. g. Resident agrees that HARES shall have no obligation to take any actions other than those specifically required in this Agreement, and agrees specifically (and without limiting the generality of this provision) that HARES shall not be obligated to prepare any closing statement or other documents, and that HARES shall have no obligation to nd any property for Resident beyond identifying the names and addresses of Participating Builder/Sellers and informing Participating Builder/Sellers of Residents participation in the Program. Furthermore, Resident agrees that HARES shall have no obligation to show any property of any Participating Builder/Seller to Resident. 9. INDEMNITY. Resident agrees to indemnify and hold HARES and the owner and the manager of the apartment community at which the Resident resides (and all partners, members, owners, ofcers, managers and employees thereof), and all afliates of any of the foregoing, harmless from any and all losses, claims, demands, costs and expenses of any kind or nature, including reasonable attorneys fees and costs and appellate fees and costs, related to or arising out of Residents purchase or attempted purchase of a Builder/Sellers Home, including any claims against any such indemnied person or party caused by Residents breach of this contract or any contract to purchase a Builder/Sellers Home. The obligations of Resident under this Agreement,

specifically including Residents indemnity obligations under this Section ll, shall survive the expiration or termination of this Agreement. 10. DISCLAIMER. Resident acknowledges that HARES is not an expert in the construction or evaluation of real property, and that HARES makes no representations as to the quality, use, tness or value of any Builder/Sellers Home. HARES shall have no responsibility for any damages or costs incurred by Resident (including additional rent or hold over charges) as a result of any delays in the construction or closing of the purchase of a Builder/Sellers Home. Resident acknowledges the advisability of obtaining expert evaluations and inspections of any Builder/Sellers Home, and agrees that HARES bears no responsibility for the accuracy of such evaluations or inspections. Resident agrees that HARES shall not be liable for any acts, omissions or defaults of any Participating Builder/Seller or of any third-party service provider. Resident further agrees that HARES shall not be liable to Resident for any damages which may be suffered by Resident other than such damages as may be caused by HARESs gross negligence or willful misconduct. Resident acknowledges that this Agreement is binding only on the parties hereto, and that no afliate of HARES, including but not limited to Accommodations America, Inc., shall in any Way be liable hereunder or bound hereby. 11. ATTORNEYS FEES AND COSTS. In the event any suit, action or arbitration is instituted to interpret or enforce the terms of this Agreement or to rescind this Agreement, the prevailing party shall be entitled to recover from the other party such sum as a court or arbitrator may adjudge reasonable as attorneys fees and costs at trial, on any appeal and on any petition for review, in addition to all other sums provided by law. 12. BINDING ARBITRATION. Resident hereby agrees that, so long as the type of relief sought is available and all potentially responsible parties are joined therein, all controversies and claims of any nature arising directly or indirectly under this Agreement and any related agreements shall be arbitrated pursuant to the applicable rules of the American Arbitration Association. A single arbitrator shall have the power to render a maximum aware of One Hundred Thousand dollars ($100,000). For any claim in excess of this amount, the arbitration decision shall be made by the majority vote of three arbitrators. No arbitrator shall have the power to restrain any act of any party. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The Federal Arbitration Act shall apply to the construction and interpretation of this arbitration provision. 13. AMENDMENTS; WAIVERS. No change or modification of this Agreement shall be valid or binding, nor shall any Waiver of any term or condition of this Agreement be effective, except pursuant to a written instrument signed by HARES and Resident. 14. NOTICES. Notices under this Agreement shall be in writing and effective when either delivered in person or deposited as registered or certied mail, postage prepaid, return receipt requested, directed to the other party at its address as stated below, or such other address as the party may designate by written notice. 15. WAIVER. Failure of a party at any time to require performance of any provision of this Agreement shall not limit such partys right to enforce the provision. A waiver of any breach shall not be a waiver of any succeeding breach or a waiver of any other provision. 16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. l7 LEGAL CONSTRUCTION. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remainder of this Agreement shall not be affected and shall be enforced to the extent permitted by law. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding among HARES and Resident With respect to the subject matter of this Agreement and supersedes all prior agreements and undertakings with respect to that subject matter. 19. DISCLOSURE. FAIR HOUSING LAWS REQUIRE, AND HARES HEREBY AGREES THAT HARES SHALL CONDUCT ALL OF ITS ACTIVITIES IN REGARD T O THIS AGREEMENT WITHOUT RESPECT T O THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, DISABILITY/HANDICAP OR FAMILIAL STATUS OF ANY BUYER, PROSPECTIVE BUYER, SELLER OR PROSPECTIVE SELLER. LOCAL ORDINANCES MAY PROVIDE FOR ADDITIONAL PROTECTED CLASSES (E. G. CREED, STATUS AS A STUDENT, MARITAL STATUS, SEXUAL ORIENTATION, OR AGE.)

I have carefully read and understood each provision contained in this Agreement, and I have received a copy of this Agreement and agree to its terms. I UNDERSTAND THAT UNLESS ALL OF THE CONDITIONS CONTAINED IN THIS AGREEMENT ARE SATISFIED, I WILL NOT BE ENTITLED TO RECEIVE A Renter's Reserve Amount EVEN THOUGH I MAY HAVE SIGNED A SALES CONTRACT OBLIGATING ME TO PURCHASE A BUILDERS HOME FROM A PARTICIPATING BUILDER. RESIDENT SIGNATURE: ________________________________________________________Date:__________

EXHIBIT A Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. INFORMATION ABOUT BROKERAGE SERVICES Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owners agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyers agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining nancing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner's agent by entering into an agreement With the owner, usually through a Written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner rst. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owner's agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyers agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyers agent can assist the owner but does not represent the owner and must place the interests of the buyer rst. The owner should not tell a buyers agent anything the owner would not want the buyer to know because a buyers agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the brokers obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in Writing not to disclose unless authorized in Writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate With and carry out instructions of one party and another person who is licensed under that Act and associated With the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the brokers obligations and your obligations. The agreement should state how and by Whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.

Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, Landlord or Tenant________________________________________________ Date:______________ Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 787112188 or 512-465-3960.