FLED TEE DISTAL SOUS BISTRICT Ano (County Court EL PASO County, Colorado Court Addres EL PASO COUNTY, & ‘OLORADG, 270 S. Tejon Street Colorado Springs, Colorado (80903) < arrisu Ls Plaintiff{s): John W. Goetzcke, ET AL. aa OCT 12 2021 ai ‘COURT BSE-ONLY ie: ‘CLERK OF COURD (Defendant(s): James and Brandi Leah Hardin | ‘Aniomey or Party Without Attomey, (lames D. Hardin) and | | Address: cs Number: 2102934 Phone Number: (719) 367-0992; and [Division CIVIL Courtroom [E-mail: iam.number8@yahoo.com \VERIFIED ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE (including counterclaim(s)) ‘The Defendant(s), James and Brandi Leah Hardin, answer(s) the complaint as follows: THE PARTIES 1. That Plaintiff, John W. Goetzcke is a U.S. Citizen; and a Citizen of the State of Colorado, is of legal age, Plaintiff, John W. Goetzcke. is a resident of Limon, Colorado, whose address is 672% E. Ave, Limon, Colorado (80828), where he may be served with orders, notices and other processes issued by this Honorable Court; 2. That Defendant(s), James and Brandi Leah Hardin, are also of legal age, U.S. Citizens and Citizens of the State of Colorado, are married with children and are residents of Peyton, Colorado and whose address is 12061 Merrill Heights. Peyton, Colorado 80831, where they may be served with summons and other court processes: VERIFIED ANSWER 3. That Defendant(s) James and Brandi Leah Hardin, both jointly and severally, ADMIT the allegations contained in paragraphs 1, 2 and 3 of the Complaint;USPS Tracking” / roe Track Another Package + — - 7 racking Number: 9505510722861285189703 _) Remove x Your item has been delivered and is available at a PO Box at 6:44 am on October 14, 2021 in LIMON, CO 80628. USPS Tracking Plus™ Available \ —— ~~ & Delivered, PO Box October 14, 2021 at 6:44 am LIMON, CO 80828 ypeqpees Get Updates \ Text & Email Updates v Tracking History “ Vv USPS Tracking Plus™ v Product Information Vv See Less AUSPS Tracking AER. ‘Track Another Packay ‘racking Number: 95055107228612851 189708 ) Your item has been del ivered and is available at a PO Box: LIMON, CO 80828. USPS Tracking Plus™ Available _— \ ( & Delivered, PO Box ) | x October 14, 2021 at 6:44 am Get Updates ~ Text & Email Updates Tracking History Vv USPS Tracking Plus™ v v Product Information See Less ~USPS Tracking” WNTED stares Track Another Packag Goetzeke John WJ (racking Number: 95055107228612851 99708 Your item has been delivered and is available at PO Box at LIMON, CO 80828. fo USPS ‘Tracking Plus™ Available v eS Delivered, PO Box ) October 14, 2021 at 6:44 am \ LIMON, CO 80828 _ ra Get Updates \v Case#Q0a1C 002434 pivisow: OUL Cowra? S2401 H 1 LOAD THIS DIRECTION, THIS SIDE UP = LOAD THIS DIRECTION, THIS SIDE UP => * * 19333444095 19333444094 x * dN JOIS StL ‘NOLLITHIG SIHLGVOT = —_N-3OIS SIMA ‘NOLLIIUNG SIL OVOT =>Colorado Judicial Branch - Research Request - Render Form Page 1 of 1 sen si Courts Probation fury Sak Malpvfarme Careers, Mla minstanton Office of the State Court Administrator Court Services Division Research Request Requestor information Name: james Hardin ‘Agency Name: Not provid. ‘acess: 12061 MERRILL HTS iy: PEYTON state:cO ip: 30831 Email Address: an. nunver yahoo." Phone Number: 719-367-0992. Requested information : Parry information (names) on case: Goeceete Case Number 2021C002534 case Type Cu Year Case was Filed: 2021 Couneyioatin of Recorls):E1 Paso Date of ith: Not prowded, ‘other centiving caserrequestintoretion: Not provided. Document(s) Requested : Not provided. ‘ate of Death: Not provided Register of AcoWvROA a bret explanation ofthe case including but not Hie to; charges, ‘sentences and minute orders): ¥es Requested documents/nformation need tobe certited/exemplited. Yes ‘omer Copy ofthe Order of Dismiss portant announcement resporency Ontine - ContactUs = htespreters ~ FAQ ~ Photos » Holiays hitps://www.courts state.co.us/Self_Help/Research/render.cfm?UID=99CCO2CA-9EFE-..._ 10/27/2021COUNTY COURTS O} (County Court EL PASO County, Colorado Court Address: FICE IN THE District AND EL PASO COUNTY, COLOHADG, (Defendant(s): James and Brandi Leah Hardin 70 S. Tejon Street Colorado lorado (80903) a saps = Plaintifi(s): John W. Goetzcke, ET AL. aA OCT 12-2021 a \COURT 8SH-ONLY | V- CLERK OF GOURD | ‘torney or Party Without Attorney, James D. Hardin) and \Address: ‘Case Number: 2102934 | Phone Number: (719) 367-0992; and Division CIVIL Courtroom ‘S290 | }E-mail: jam,number8@yahoo.com ! ERIFIED ANSWER UNDER SIMPLIFIED CIVIL PROCEDURE (including counterclaim(s)) ‘The Defendant(s), James and Brandi Leah Hardin, answer(s) the complaint as follows: THE PARTIES 1. That Plaintiff, John W. Goetzeke is a U.S. Citizen; and a Citizen of the State of Colorado, is of legal age, Plaintiff, John W. Goetzcke. is a resident of Limon, Colorado, whose address is 672% E, Ave, Limon, Colorado (80828), where he may be served with orders, notices and other processes issued by this Honorable Court; 2. That Defendant(s), James and Brandi Leah Hardin, are also of legal age, U.S. Citizens and Citizens of the State of Colorado, are married with children and are residents of Peyton, Colorado and whose address is 12061 Merrill Heights. Peyton, Colorado 80831, where they may be served with summons and other court processes; VERIFIED ANSWER 3. That Defendant(s) James and Brandi Leah Hardin, both jointly and severally, ADMIT the allegations contained in paragraphs 1, 2 and 3 of the Complaint:4. That Defendant(s) DENIES the allegations contained in paragraphs 4, 5 and 6, insofar as the Defendant(s) never failed, nor were the same in violation of any of the terms, obligations or conditions of the written lease contract as Plaintiff has fraudulently claimed, via perjured statements, but rather, the Defendant(s) failed to comply with the Plaintiff’ unreasonable, non- industry standard, unlawfal and outright malicious and retaliatory demands, threats, by strong hand, by trespass, by threats to evict, threats to sue, threats to hire attomeys, to expedite the Evictions of Defendant(s), ete.; 5. That the Defendant(s) having paid the rentals in advance and the security deposit, wherefore, Plaintiff has no right to eviet the former; 6. That the Plaintiff had his alleged son, Kevin Hartnett (a non-party or third party obstructor to ‘cause a breach of the contract; and to further cause damage and injury to the Defendant(s), even though Defendant(s) were not behind and while not in arrears, Plaintiff and non-party/3" party obstructor, Kevin Hartnett, absent any power of attorney, has maliciously continued to threaten, harass, slander, defame, libel, wronglully obstruct the Defendant(s) by making non- stop malicious and retaliatory threats, turbulence and chaos!; and went even further stating that even though Defendant(s) were current and not in arrears an absent party authorization, nor the required and mandatory power of attorney, whereby trespassing, beating on the doors and windows; and looking in the windows and screaming threats at the Defendant(s) and ealling the Police/Sheriff attempting to have them come to the property and unlawfully aid in Kevin's malicious, retaliatory and prohibited acts; in violation of the Colorado Revised Statutes, Colo. Rev. Stat. § 38-12-509 - Prohibition on retaliation, which states: (1) A landlord shall not retaliate against a tenant by increasing rent or decreasing services or by bringing. aor threatening t0 bring an action for possession in response to the tenant: (a) Having made a good fait ‘complaint to the landlord or to a governmental agency alleging a condition described by section 38-12- '305(1) or any condition that materially interferes with the life, health, or safety of the tenant; or...” and. (2) Ifa landlord retaliates against a tenant in violation of subsection (1) of this section, the tenant may terminate the rental agreement and recover an amount not more than three months" periodic rent or three times the tenant's actual damages, whichever is greater, plus reasonable attorney fees and costs.’7. Colo. Rev. Stat. § 13-40-102 - Forcible entry prohibited, which states: “No person shall enter into or upon any real property, except in cases where entry is allowed by law, and in such cases not with strong hand or with a multitude of people, but only in a peaceable manner.” and Colo. Rev. Stat. § 13-40-103 - Forcible detention prohibited further states as follows: “No person, having peaceably entered into or upon any real property without right to the possession thereof, shall foreibly hold or detain the same as against the person who has a lawful right to such possession. 8. ‘That Plaintiff, furthered the bad faith acts and perjured by Plaintiffs filings fruits of the poisonous tree, by unlawfully sending his son, Kevin Hartnett, a non-interested 3" party to the contract; and absent any power of attorney, constitutes unlawful and malicious retaliatory prohibitions in a bad faith attempt to force out the Defendant's by scheduling the first 3- showings with a Realtor and their potential buyers while during a Worldwide COVID-19 Pandemic, which posed a significant threat to the lives, the health and the combined safety of said Defendant(s) and their two children with only a 7-hour notice on a Saturday. of one showing on the same night and with both other showings also scheduled for early Sunday moming, none of which consisted of a 24 hour notice but rather, all 3-first showings were maliciously scheduled and attempted to outright force upon the Defendant's, against their will, and when the strong armed tactics failed, Plaintiffs son, Kevin Hartnett, resorted to texting threats, leaving voicemail threats, screaming about how he has a pissed off Realtor, etc.; and continuing the prohibited acts of retaliation; and continued the unlawful, unsubstantiated, fraudulent and acts, continually making retaliatory threats to injure and further damage the said Defendant(s); 9. That Plaintiff and those associated therewith, have damaged and injured the Defendant(s), and have done so with premeditated criminal intent, if Defendant(s) don’t let him show the house as many times and for as many days in a row as he wanted to, even if none provided the Defendant(s) with a timely and properly executed power of attorney. This non-party or 3°! party interrupter engaged in acts deemed torturous interference, absent any lawful power ofattorney, whose name is Kevin Hartnett, absent any power of attorney from the Landlord, Shylah Hartnett. 10. The Plaintiff, John W. Goetzcke is not entitled to possession of the property and Defendant(s) are entitled to retain possession for the following reasons: a. Defendant's signed a two-year written lease contract on the subject property, which had reached its term date and the Defendant(s) continued to rent the said property ona month to month basis pursuant to the terms of the contract and the controlling laws of the State of Colorado: b. Plaintif? admits in his “Complaint in Forcible Entry and Detainer” that a 60 day Notice was given and not a 91 day notice as required with all tenancy contracts of one year or longer, pursuant to Colo. Rev. Stat. § 13-40-107(1)(a), whieh states: (1) A tenaney may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: (a) A tenancy for one year or longer, ninety-one days; c. In Plaintiffs Exhibit “A”, is.a two (2) year contract which requires a 91 day Written Notice to Quit; and Plaintiff further admits in Plaintiffs Exhibit “B” and again in his “Complaint in Forcible Entry and Detainer” that the Notice allegedly given to Defendant(s) was approximately a 60 day Notice that was given via text and phone, which does not constitute “a 91 Day Written Notice to Quit” and/or “91 day Written Notice By Certified Mail” requirements have not been met; d. Plaintiff, further admits in his “Complaint in Forcible Entry and Detainer” that at the time of the filing of the said complaint, the Defendant(s) had no past due and owing, nor unpaid rent in arrears which would give Plaintiff Legal Standing to file his premature and untimely filing; COUNTER CLAIMS11. The Defendant(s), James and Brandi Leah Hardin, assert(s) the following counterclaim(s) or setofits) against the Plaintiff, John W. Goetzcke, and furthermore understands, that both parties to this controversy, either are, or could become subject to the statutory jurisdiction and limitation of $25,000.00 dollars, the statutory maximum upon the jurisdiction of the EL. PASO County Court(s), pursuant 10 § 13-40-109 and § 13-40-1235 hat the Defendant(s): Request(s) a trial to the courvVa trial by the County Court Judge, arguing as follows’ 13. That the Defendant(s) sent their Written Objections and NOTICE, by Certified Mail, along other attached documents and supporting exhibits, dated September 26, 2021 and Defendant(s) attaches the same hereto, making the document and its exhibits, in its entirety, an integral part of this Counter Claim, and have marked and exhibited the same herein, as Defendants Exhibit “B” hereot: 14. That the Defendant(s) herein, tried to talk with the herein Plaintiff, in order to settle the matter out of court because the non-party to the contract, or un-authorized 3rd party intervener, whose name is Kevin Hartnett, the son of Plaintiff, John W. Goetzcke. ‘The Defendant(s) have no obligations to talk with Kevin Hartnett because to date he has failed to present a written Power of Attorney. In fact, the only party that the Defendant(s) have ever communicated with during their two (2) years of tenancy was the Landlord, Shylah Hartnett, the only other party to the lease contract. 15, That as a direct result of the Plaintiff, et al., their actions, threats and the like, placing the said Defendant(s) under threat, duress and coercion and in further fear that something may happen to their lives, their health, their safety and the lives, health and safety of the Defendant(s) children. Therefore, Defendant(s) demand that said Plaintiff do no more; and that Plaintiff, et al., Cease and Desist from all their unlawful acts and omissions and their combined unlawful and prohibited retaliatory acts, in both verbal and written form:16, Asa result of Plaintiff, et al.; and the prohibited acts thereof, and placing Defendant(s) in feat and in danger of becoming homeless, in violation of the controlling laws of the State of Colorado, on account of Plaintiff, et al.; and the whole plethora of unlawful acts complained of above herein; and by which the herein Defendant(s) have suffered mental anguish, serious anxiety and a many sleepless nights which would entitle them the grant of Moral/Intentional Infliction of Emotional Distress Damages in the amount of not less than FIVE THOUSAND (85,000.00) DOLLARS (U.S.), which should be assessed against Plaintiff, et al., the identities ‘of whom have been identified and named above herein: 17. So as to deter other(s) similarly situated who by themselves are with an inclination, even the premeditation and free will, with evil at heart, and perjured wickedness evidenced by their own hands; and have proven to be Hell bent with evil intent, the same said perjured parties claim IN FORCIBLE ENTRY AND DETAINER of the subject property without the knowledge and/or consent of Defendant(s) do to the Plaintiffs breach of both, the Contract and the controlling laws of the State of Colorado, for which Plaintiff, et al., should be assessed to pay the said Defendant(s) Exemplary Damages in an amount not less than THREE THOUSAND ($3,000.00) DOLLARS (U.S.); 18. So as to deter other(s), including the herein Plaintiff, et al., from future acts such as those complained of herein, including restitution for Defendant(s) for the unlawfully forced relocation and moving cost, deposits, monthly rent, security deposits, cost for UHAUL truck, ctc., as tabulated in the Aecount Ledger, attached hereto as Defendant(s) Exhibit “A” which further evidences the Defendant(s) damages and injuries of the forced relocation due to the fear Plaintiff, et al., was certain to instill, for which the same was unlawful pursuant (0 the Colorado Revised Statutes; and for which Plaintiff, et al., should be assessed to pay the said Defendant(s) costs, which totals the sum and in an amount not less than THREE ‘THOUSAND, SEVEN HUNDRED SIXTY FIVE ($3,765.00) DOLLARS (U.S.) 19. To protect their rights, Defendant(s) were constrained to engage in dozens of hours, over the past 4 weekends, in nonstop and exhaustive research and then dozens of hours in the preparation of documents and pleadings, along with the cost/fee in the filing of the foregoing20. Defendant(s) Verified Answer and Counterclaim; along with the lost time and money required for appearances, rather at the court, or by live video appearances, and the like, for which Plaintiff, et al., should be made liable to pay to Defendant(s), including fees and litigation costs and expenses: and all cost of court, which Plaintiff, et al., shall be liable and in an amount not less than ONE. THOUSAND ($1,000.00) DOLLARS (L less than FIVE HUNDRED ($500.00) DOLLARS (U.S, additional amount of not less than TWO THOUSAND ($2,000.00) DOLLARS (U.S.) in case S.); and appearance fees of not per court appearance; and an of appeal. PRAYER WHEREFORE, in view of the foregoing, it is respectfully prayed of this most Honorable Court that after hearing, a Judgment be rendered directing the Plaintiff, et al., and all persons acting on their behalf in claiming rights, title and interest in the subject property of Plaintiff, et al., to Cease and Desist, and for Plaintiff, etal, to be ordered to pay Defendant(s) the following, to wit: a) Moral/Intentional Infliction of Emotional Distress Damages in an amount not less than FIVE THOUSAND ($5,000.00) DOLLARS (U.S. b) Exemplary damages in an amount not less than THREE THOUSAND ($3,000.00) DOLLARS (U. ©) Asto certain costs incurred, resulting from Defendant(s) being fear struck into leaving and incurring different cost which would have otherwise not become an injury and damage to Defendant, et al, for which Plaintiff, et al., should be made liable, and for which Plaintiff, not less than THREE THOUSAND, SEVEN HUNDRED SIXTY FIVE ($3,765.00) DOLLARS (U.S.); 1 al., should be assessed to pay to the said Defendant(s) in an amount4) The cost for suit, (ie.) to protect Rights of Defendant(s), including research, copying. for the preparation of legal pleadings and filings, exhibits Attorney's fees pursuant to Colo. Rev. Stat. § 38-12-509; and other fees or cost of court, and cost to appear. ete., and the preparation of documents and pleadings, along with the cost/fee in the filing {ees for the foregoing Defendant(s) to research and prepare the Verified Answer and Counterclaim; along with the lost time and money required for appearances, rather at the court, or by live video appearances and preparation of documents and pleadings, along with the cost/fee of the filing of the foregoing Defendant(s), and for which Plaintiff, et al., shall be liable and in an amount not less than ONE THOUSAND ($1,000.00) DOLLARS (U.S); and appearance fees of not less than FIVE HUNDRED (5500.00) DOLLARS (U.S.) per court appearance; and an additional ‘amount of not less than TWO THOUSAND ($2,000.00) DOLLARS (U.S.) in case of appeal. ¢) The Defendant(s) are requesting Damages pursuant to Section 13-40-123, injuries heretofore mentioned be multiplied by 3x, per, Colo. Rev. Stat. § 38-12-509 - Prohibition on retaliation, and ifsuch totals should exceed the courts jurisdiction, then Defendant stipulates to forgo all totals exceeding 825,000.00. £) In Closing, Defendant(s) herein prays for any and all other and further remedies and/or relief, which this honorable court may deem just and equitable under the circumstances are likewise prayed for by the Defendant(s) herein. Dated this 12 day of October, in the year 2021. “AM, JameS D. Flardin’ Respectfully Subnygted with ind Is, TAM, Brandi Leah Hardin” ~ (Defendant(s)X County Court UDistriet Court EL. PASO County, Colorado Court Address: | | [270 S. Tejon Street Colorado Colorado (80905 [Plaintiits): John W. Goetzcke, ET AL i (COURT USE ONLY | Defendant(s): James and Brandi Leah Hardin ;Party(s) Without Attorney (James and Brandi Leah Hardin (Name and Address) |case Number: 2102934 }12061 Merrill Heights Peyton, Colorado 80831 vision CIVIL Courtroom $294 Phone Number: (719) 367-0992 E-mail: iam numberS@yahoo com AFFIDAVIT OF SERVICE. Defendant(s) herein state that a copy of the filed documents shall be mailed to the Plaintiff at: 672%4 E. Ave, Limon, ‘lorado (80828) VERIFICATION | deelare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the 12"! day of OCTOBER, 2021 (date) (month) EL Paso County, Colorado (city or other location, and state OR country) Bares ¢ UeExhibit List County: Ft Paso Division: CIVIL 1. My Name A Court Use Only_ AL My name is Hees and Brandi Leah Hardin, Detendanes)) Petitioner, Tam the: 1 Petitioner/Plaintiff. Respondent/Defendant/C 2. Table Instructions © Exhibit - Enter the number or © Objection - Check if the other side objects to that exhibit. If so, on what ground? letter you gave the documen * Title - Enter the type of © Agree - Check if all parties agree you can document or a short description. present the exhibit. 3. My Exhibits Document Title Objection? All Agree? 1 why? ACCOUNT LEDGER WRITTEN OBJECTION and NOTICE OO Why? 0 Why? CO Why? OO why? 0 why Tall Contnoal on Be 8 ae IDF 72 = Esse ist December 2029, Page 1 of 2My exbiits,oatied Document Title Objection? All Agree? 1 Wry? O Why? O why OO why O way? Tita mare gs yn ee Copy of Exhibits I gave a copy of all the exhibits to the other party Certificate of Service I certify that on (enter date) 10/12/2021 a copy of this document was given to the other parties by CG Hand Delivery eng ne RE Tee RN PE MT CO Fax to this number: Mail through the United States Postal Service, addressed to: PLAINTIFF, John W. Goetzcke, ET AL. 672" E. Ave, Limon, Colorado (S0B28) OCTOBER 12, Date vwerwcourt states forms tit et Page 20f 2Account Ledger Py bi 4 Kk Showing all transactions Starting Balance 0,00 Date Description Faia By) Comree Forme Bate Megint Held Security Deposits - Move In Charge: Mgmt 09/30/2021 1S geeity Depeaite 1,795.00 1,795.00 09/30/2021 ACH Payment (Reference #£81D-D820) Gas.adyo oo 10/01/2021 Income: Rent - Move In Charge: Income: Rent 1,795.00 1,795.00 40/01/2021 ony Sere eet Packs iting Charge: 25.00 1,820.00 101012021 Meme ie ered fee i Move In (Charge: One time 150.00 1,970.00 10/01/2021 ACH Payment (Reference #89FE-76E0) 00 Ending Balance 0.00 FToral = *3,7b5.> unaue 1810 Contract Ne: 220850 vo crn) sont Tanake charge] Coverage oing/Ommage Ch atc enta Char] cual hae) Sona] MERA) ope aa] tava [Sento He] wae, sass] sass] T0803] L i Cotorade state Rad sty rogram cord ype: Account: poplicaion Label vos presto stow Serature-¢MUL520) sere dong seinem confer tyres nee fut andar you eps rm “oral Moving Eygenses © "3874.5Exhibit 8 James D. Hardin 11870 Trissino Hts Peyton, Colorado 80831 Ph. (719) 367-0992 Email: iam.num }oo.com September 26, 2021 Shylah Hartnett 588 Howe Place Castle Rock, Colorado 80104 Ph. (720) 726-0546 Email: icequeen 369@msi IN RE: NOTICE TO QUIT — Dated September 13, 2021- For 11870 Trissino Hts. - (DEMANDING RENTERS BE OUT BY OCT. 1, 2021 BY 7:00AM) ATTN: John W. Goetzeke /A.K.A. Jon Goetzeke (Owner): ‘Shylah Hartnett (Fee Owner/Landlord); Party- Not in any Contracts- absent a Power of Attorney): (Independent Level Real Estate Broker/Individual Proprietor/Realtor*) ‘To the parties named above, Tam in receipt of the “NOTICE TO QUIT” which was posted on the front door of the subject rental property, as a strong-arm tactic and retaliation, after Kevin threatened to have us. evicted (even though he knows we paid our rent), but is going to speak with their attorney, on retainer, for breach of contract. 1 know there have been text(s) sent back and forth, but wanted to send you this, my written response; and NOTICE TO ALL OF YOU, THAT YOU AR IN VIOLATION OF THE LAWS OF COLORADO; AND THAT A COUPLE OF THOSE VIOLATIONS OF COLORADO LAW HAVE BEEN DEEMED “CRIMINAL”, AND TO FURTHER STATE MY OBJECTIONS FOR THE RECORD, TO THE BLATANT DISREGARD OF THE CONTROLLING LAW(S) [C.RS.] OF COLORADO; AND MY OBJECTIONS) TO THE BLATANT DISREGARD OF OUR RIGHTS AS RENTERS AS CITED HEREIN.[was screamed at by Kevin, that I better understand my renters rights and I better go back and re read my contract and the applicable laws. After many’ threatening telephonic voice mail and ext messages, I did go back and re-read my rental contract and then I looked up the controlling lav, as cited below herein to refresh my memory [ noticed a few things on the NOTICE TO QUIT left on my door which cited 13-40-107, CRS. which states: “13-40-107, Notice to quit (hy A tenancy may be terminated by notice in wring, served not less than the respective period fixed belore the end of the applicable tenancy. as follows: (a) A tenancy for one year or longer, : ur Contract was a two (2) year contract, so (a) above would be the applicable time frame, So now the question would be: “Was the required 91 Day Notice sent by certified mail to the Tenants”? ‘The Answer is: NOL ‘A.91 Day Notice was not and to date, has not, been sent to Us (the renters) by the Landlord, via certified mail as required under the Colorado Revised Statutes. While we as the tenants do plan on moving out ofthe current subject rental property, we still reserve our rights and Renters/Tenants, which includes a lawful and Timely “NOTICE TO QUIT” and not the untimely and unlawful NOTICE TO QUIT used for retaliation purposes, after threatening to do the same if we didn’t eto surrender our rights regarding showings while rented under the Colorado Revised Statutes. ‘On another note, it has been the Owner and the Landlord who have committed a BREACH of the contract, not the rentersitenants. One of those breaches is that nowhere in the contract does it mention the renters being responsible for paying “HOMEOWNERS ASSOCIATION” cost or fees, yet we were forced to pay Homeowners Association Fees, which eame in the form of additional mandatory fees on every single water bill. ‘A water bill, mind you, which if not paid in full, they will eut you off at the meter, from the underground main water supply line at the inground meter box located near the street, preventing the water from even reaching the house. ‘The renters have paid a total of for rent overthe past 25 months, while during an ongoing and continuing pandemic. While tens of thousands of other homeowners received nothing from their renters. Yet the same said homeowners were still on the hook for the mortgage payments to their lenders; and yet could do nothing about their tenants not paying a dime on their rent. Homeowners feeling the wrath of being trapped and feeling unfairly economically cursed because for them, there was no protection, no guarantees, ete.! For some homeowners, this devastated their retirement savings; and for others, this moratorium single handedly bankrupted them and over 63% of ALL BUSINESSES either closed down or bankrupted, Some of these tenants failing to pay the homeowners any rent for well ever a years duc to the Federally mandated housing moratorium. But that, is something that the current owner never had (o suffer through with these tenants. Yet how quickly they forget how blessed by others they have been, yet they turn around, break their promises. go back on their word, and not only did they fail to dignify the current tenants offer with confirmation of pre-approved funding through my agent Katherine. But rather, chose to just start strong arm threats about getting lawyers involved and having us evicted either way. However, not because of our failure to pay our rent, but rather, because we refused to let a family member, absent any power of attorney from the owner, or the Landlord, to just run roughshod over all our renters rights, or in the alternative just get out Further threatening the tenants of further retaliation, if they don’t surrender their rights as renters and forego everything that is lawfully required by State Law, or else suffer further losses. costs, expenses, because this person with no Power of Attorney and hell bent on retaliatory threats and acts defaming and slanderous to the renters, by furthering said criminal retaliation with the posting ‘of an unlawful, untimely NOTICE TO QUIT and demanding we now evacuate the property by October 1, 2021!!! Renters were reminded that in our 2-year lease agreement, it states:"15, TENANT'S HOLD OVER" extends to 2 month-to-month. Tenant argues that the Landlord agreed to this by aecepting the $1200 rent for September 2021. sesQwners also reminded the Tenant's that the same said contract further states that such: “tenancy shall be terminable upon 15 days written notice served by either party”. #+}lowever, the Tenant’s would argue that this same lease agreement also states: G LAW. This Agreement shall be governed, construed and interpreted by, through Colorado Revised Statutes or C.R.S.) "25, GOVERNIN ‘and under the Laws of the State of Colorado.” “Tenants further argue thatthe Law's and Statutes of Colorado supersedes all terms in all contracts tothe contrary rurthermore, the timelines on a Notice to quit are defined in the Colorado Revised States Section 15-$0-107 = Notice to quit, and which states as follows: %§13-40-107. Notice to quit Gaya tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows: {a) A tenancy for one year or longer, ninety-one days; {b) A tenancy of six months or longer but less than a year twenty-eight days; {@) A tenancy of one month or fonger but less than six months, erenty-one days (9) tenancy of one week of longer but less than one month, or a tenancy at wil three days (@) A tenancy for less than one week, one day (3) Setnotice shall describe the property and the particular ime when the tenancy will terminate and shall fe signed by the landiord or tenant, the party giving such notice or his agent or attorney > Any pert in possession of eal property with the assent of the ower is presumed to be a tenant at will tuntil the contrary is shown. {G) No notice to quit shall be necessary from or to a tenant whose term i, by agreement, fo en at atime certain, {G) Ect as otherwise provided in ection 3833-112, C.RS. he provisions of subscetions (I) and (1) of nee shall not apply to the termination of a residential tenancy during the minety-day period provided for in said section. (See: CRS. § 13-40-107) {To date, there has been no 91-day notice ever given to tenant's in writing, nor by eertified mail, nor agreed to and signed by all parties, as required on contracts for lease of one year or longer In the State of Colorado. We had a two-year contract from the start, and not a contract for one year or less, or 6 month, or month to month contract from the start which would make this property and the parties to the lease contract liable to shorter timeframes.By law there are month to month agreements which requires lessor time frames for the noweess and their NOTICE TO QUI agreement, But our agreement was based upon a year or longer contract, rather continued month ris not even lawful or timely if it was only a month to month original to month thereafter, changes not the legal requirement for the Owner fo give the Tenant a 91 day Notice. For these reasons, the enters stance is that the NOTICE TO QUIT, is Void ab initio, from the time it was wrongfilly, fraudulently and eriminally placed upon our door in front of our neighbors, with full intent to hurt and harm our reputations and good names, under false and fictitious pretenses ‘Then after doing so, and while demanding that we leave, further the criminal retaliation by refusing to return the calls and emails from other agents regarding our rental history; and have done so in bad faith and in criminal retaliation, hell bent on making the Renter's/Tenant’'s PAY for not Voluntarily allowing Kevin Hartnett (Absent any Power of Attorney) 10 intentionally cause @ deprivation of our rights as renters under the Colorado Revised Statutes (See: Colo, Rev. Stat. § 38-12-5009), which states as follows: “Section 38-12-509 - Prohibition on retaliation (1) A landlord shall not retaliate against a tenant Py imaseusing rent or decreasing services or by bringing or threatening to bring an action for possesion in response to the tenant: tay tReing made a good faith complaint to the landlord or to a govemmental agency alleging & onion Geert by section 38-12-505(1) or any condition that materially interferes with the life, health 9° serery of the tenant, or (b) Organizing or becoming » member of a tenants) association ‘or sme See saton, Q's landlord retaliates against a tenant in violation of subsection (1) of this ection. he senay tesminate the rental agreement and recover an amount not more than three months vende rentor three times the tenant's actual damages, whichever is greater, plus reasonable aiornes reroll costs (3) Ita landlord elects to replace a malfunctioning appliance, but does so with anew applitnes Tra ane aletical to the appliance being replaced, there is a rebuttable presumption in favor of the landlord pan ae landlords selection of a different appliance was not retaliatory so long as the replacement app/iance travides substantially te same features a te original appliance (4) (Deleted by amendment L.2019-C RS § 38-12-509" So, Kevin screaming at the Tenant's about how he is the owner of the property; and so he has the right to the Torturous Interference of Tenant’s Contract is unaceeptable, Furthermore, Tenant's further object to the validity of the NOTICE TO QUIT, because neither Kevin Hartnett, nor John W. Goetzeke /A.K.A. John Goetzeke (Owner) whose names are both on the NOTICE TO QUIT, yet neither of them are signatory parties to the lease contract which is between Tenant's and Landlord, Shylah HartnettMoreover, the Landlord, Shylah Hartnett has taken Kevin's criminal retaliation even further, taking itto another level! In fact, Shylah took the prohibited and eriminal acts of retaliation to a “whole new level. We even received an email telling us that the approval process would go much quicker if we could get the Landlord, Shylah Hartnett to return their calls, text and emails and provide them with a ental history, so thatthe renters can be approved to move However, the Landlord, Shylah Hartnett has refused to answer, so as to further the criminal retaliation: and to further punish the Tenant's, or to make the Tenant's pay for refusing to let Kevin and the Real Estate Agent Ruth, take away our peace and enjoyment of the home, by non-stop and hack-to-back showings. Then after promising the tenant's that they would provide Tenant's with plenty of notice, atleast 24 hours prior to any showing. But then turns around on @ Saturday and sends Notice that she has scheduled one walk through for seven hours later the same day and «wo more on the following day (Sunday) at 10 AM and another at 11 AM! AlL3 were less than 24 hours notice! ‘hen Ruth stated to the Tenant: “0” it’s a popular listing, so expect a lot of showings and there will most likely be more showings scheduled for Sunday by the time the other two showings are done!” Ruth was acting like they were about to hold an open house on a Sunday, while renterstenant’sare still Living in the home; and while during an ongoing and continuing pandemic! Both, Shylah Hartnett and Kevin Hartnett further hindered the renters/tenants by Shylah’s willful failure to respond and provide a rental history when requested by the Tenant's future landlord. If Shylah wanted the Tenant's out, so they could sale the home, then one would be reasonable to think she would do so for their renters/tenants, so that they could be approved and could move out But not Shylah, What Shylah has done is quite to the contrary! Little did Tenant's know that the cause of their continually being passed over and the rental homes they paid application fees for being continually given to others and us wondering why does this keep happening, f0 then finally find out that the Landlord, Shylah Hartnett has been sabotaging the Tenant’s by her failure (0 respond and provide them with Tenant's rental history“This has caused the Tenant’s to spend hundreds of dollars to submit applications on other homes, incurring even more application fees, over and over and over and over, while never obtaining a single rental... Then the Tenant's finally find out that ts directly related o Shylah Harnett further criminally retaliating against the Tenants, by her refusing to contact any of the Tenant's future seal estate agents or their companies back; and doing so knowing it will hinder the Tenant's from being able to move out of their rental home. (See attached email regarding this matter atached and exhibited herewith), ‘Tenant's believe this is being done so that Landlord and owner may further their criminal retaliation by moving forward on an unlawful retaliatory eviction, which they first threatened the Tenant's with. ‘Then there isthe matter of our agreement that should Landlord and Owner deeide to sale the home sn the furure that ‘Tenant’s would have first rights to purchase at time of sale forthe fair market value of the home and property. Landlord stated that because they like to help people, explaining to us about other renters in other homes under their “Trust” have been there for 10 years, ete and how they would like to help our family also; and would sale us the home for whatever the fair market value is: and that if we wanted to purchase the home, that we would have first rights to do $0, ‘Under that understanding, there have been at least seven occasions which the home needed repairs ‘or replacement of certain toilet guts, kitchen sink faucet, ete. ‘The Tenant's always took care of it without murmur, to the tune of of just the material cost, but without Tenant's time and labor being compensated, Compensation for uninstalling the old and then installing the new, nor my time and fuel cost fo 20 purchase and then deliver the materials, or other items, prior to installing the same and I only did so, absent compensation, because I looked at it as an investment into our futures, Only because T saw it as investments in my families future. Not to mention the hours upon hours I spent troubleshooting, contacting other professionals, speaking back & forth with the water company, and then meeting with licensed plumbers, meetingwitha licensed plumber recommended by the water company itself, et 1 did allthis and spent all the necessary time requined in an attempt to figure out where an underground water leak as coming from. An underground water leak, mind you, which caused a & dollar water bill. For the record, the Tenants were never compensated for a whole plethora of hours spent on that cither. All that time was prior to figuring out that it was the main water supply line feeding the sprinklers in the front yard, which uns under the conerete, from main valve located jn the hot water heater closet area on the other side of the garage. ‘Then, afterall my time spent, plans that had to change on a moment's notice in order to do s0, et6 only then to be told thatthe owner decided and said if that line is shut off right now. until it can be repaired, preventing it from leaking anymore, then just leave it like that! “The owner stated that the underground water supply line to the front yard sprinklers isn’t something that he wanted (0 eal with right now. We thought that meant prior to the following summer, but nothing else was ever said or done about il. T knew keeping the lawn watered and green was a Homeowners Association requirement, that could not be avoided with the exeuse that the underground water supply line was broken and the ‘owner has decided that this isnot something he elects to deal with forthe time being and no | don’t now if or when he plans on dealing with it in the future, So to date, Ihave had to hand water the front lawn and seed it, for the entire summer, just to prevent the lawn from turning into a dust bowl Furthermore, I was never compensated for any of the hours upon hours T have spent doing so all summer, For the record, Ifill forced to do so, for the purposes of avoiding fines, penalties, fees [1 failed to do so. possible cost of attorneys, court, ete., Now hack to the Homeowners cost whieh were never diselosed, nor mentioned in the contract as the Tenant’s liability above and beyond their obligations to pay the uti in total, “HOMEOWNERS: ASSOCIATION? cost or fees or they would not ies, which added up to a total ofpick up our trash, so in fear of this, Tenant’s were coerced to pay $90.00 per month, when “otherwise trash pick up cost about $57.00 every 3-months. “Then, there is another Homeowners Association (HOA) Owners Dues that are built info your water bill, We were coerced into paying approximately $102.74, on average on top of our water bill for ue water usage, which also adds up to a separate HOA costs, which was paid by ‘Tenant's in the amount of an additional total in fear of being cut off from water, et al., if we failed to do so. ‘Then, there is the matter of the ceiling fans, which the Tenant's purchased for over and prior to putting the home on the market, the Tenant's spoke with Landlord about the Ceiling fans and how ifthey didn’t want to reimburse Tenant’s for the eeiling fans, not including labor cost Lor instalting them in every room of the house, then they would need to provide fixtures so Tenant's can take them down because they can’t show the home with eciling fans and associated light fixtures and then take them down after the sale because they are affixed to the home prior to the sale. Then they have their realtor Ruth take pictures with the ceiling fans and light kits in them in every room to advertise the sale, while having not paid the Tenant's for them. Furthermore, as a result of going back and looking up our Renters Rights, and then the Renters/Tenants have come fo the realization that prior to Ruth taking pictures of the home with the Tenants furnishings, lighting, etc., then she should have first had an Written Consent agreement that the Renters/tenants agree to: having their personal property used in the photos to elicit buyers forthe sale of their home; and yet Ruth never even mentioned such a document, nor did she request our signatures of approval for the same, prior to photographing and listing the said photos online, to advertise the home for sale. tn Closing, the ‘Tenant's demand payment in fall for all HOA Owners Dues and For the eetling fans, in full, which comes to a total of jn full, or in the alternative apply the same as a amount is remaining after Tenant’s have moved out, shall be paid credit on our rent and whater to Tenant's prior to their departure. Tenant’s further demand that the Landlord, Shylah Hartnettandlor Owner, John W. Goetzeke /A.K.A. John Goetzcke (Owner), Cease and Desist all acts of criminal retaliation against the ‘Tenant's, including but not limited to any acts of retaliatory Evictions of the Tenant's, absent a lawful and timely 91-day Notice, in writing and sent to the Tenant’s by Certified Mail ‘Thank you all for your time and consideration regarding these matters and I Took forward t0 a prompt payment of the above stated monies due and owing to Tenants, along with a new Notice under new timeline of their intent to Quit renting to Tenant's for the purposes. of selling the rental property. Kjphd Regards, ) . a ho—a P Hd 106 James D. Hardin 10Certificate of Mailing |, James D. Hardin, certify that I mailed via Certified Mail, a duplicate copy of this Reply and Novice in response to the Owners “NOTICE TO QUIT”, tothe following parties and addresses: 1) Sohn W. Goetzeke /A.K.A. John Goetzcke (Owner); P.O. Box 918 Limon, Colorado 80828 Cert. Mail fs ant 2) Shylab Hartnett (Fee Owner/Landiord) 588 Howe Place Castle Rock, Colorado 80104 Ph. (720) 726-0546 Email: iccqucen 1369 Cent. Mail #: sand 3) Kevin Hartnett (3 Party- Not in any Contracts- absent a Power of Attorney); ‘588 Howe Place Castle Rock, Colorado 80104 Ph, (303) 862-1004 Cert, Mail 4: sand 44) Ruth E. MeMien (Independent Level Real Estate Broker/Individual Proprietor/Realtor") ‘Skipping Rock Realty 631 5® Street St HWY 24 Calhan, Colorado 80808 Ph, (719) 740-0687 mail: cuthmemillen@witdblue.net Real Estate License No. 100066187 — Colorado Div. of Res Cert. Mail # _— state NOTE: Duc to Landlord, etal never updating the Tenent’s on her new address, the Fenant’s have selected he addresses associated with their Colorado Voter Registrations onfine, forthe purposes of this m of Exhil 1) Lease agreement Contract for 11870 Trissino Hts 2) Text letter from Kevin Hartnett threatening Tenants 3) mail from Tenants to Ruth to Cease & Desist ll legal actions, et al, by Kevin Hartnett, non-Party 4) NOTICE TOQUIT 3} COURTYARDS AT WOODMEN HILLS Letter concerning HOM dues being obligations oF owner 6) WOODMEN HILLS ~ THIRD PARTY AGREEMENT 4) page spreadsheet breaking down HOA costs, receipts, ete 8) Receipts for Deposit, monthly Rent, ete. 9) Monthly Owner HOA Dues 10) Woodmen Hills monthly Owner HOA receipts 11} Enwal from Falcon Realty asking Renters 10 get Shyla to contact them, so they can finish processing "applications, whieh she never did in eriminal retaliation apainst Renters unPOSTAL SERVIC & USPS Tracking” Track Another Packac _— ‘Traci Number: E.J620688510US ) hacking # Scheduled Delivery by TUESDAY ; \ by 28 x3" Goopmo a (@ Delivered, PO Box September 28, 2021 at 6:43. am LIMON, CO 80828 Get Updates Text & Email Updates Proof of Delivery Tracking History September 28, 2021, 6:43 am Delivered, PO Box LIMON, CO 80828 Your item has been delivered and is available at a PO Box at 6:43 am on September 28, 2021 in LIMON, CO 80828. Waiver of signature was exercised at time of delivery.racking ‘Track Another Pack “Tracking Number: EJ620688506US Scheduled Delivery by TUESDAY by , 28 S10 © 6:00pme \ be Delivered, In/At Mailbox ‘September 28, 2021 at 12:31 pm CASTLE ROCK, CO 80104 a Get Updates Text & Email Updates Proof of Delivery Vv Tracking History v v Product information See Less “~USPS Tracking” Faas > Track Another Package + (Tracking Number: 70210950000022731 669) Remove X Your item was picked up at the post office at 2:10 pm on October 4, 2021 in CASTLE ROCK, CO 80104. a ae . _———— SO @& Delivered, Individual Picked Up at Post offce > October 4, 2021 at 2:10 pm \_ CASTLE ROCK, CO 80104 ee ypeqpesd Get Updates V ee Text & Email Updates DOSED TeDe 2 0000 LAST E709 Sih etZ PUP ‘SBoNppe ‘ouoU NOK WM os _ SRONOL OUR UB sea_ppe pu BURL ATO Ig “e pus 2 “Luan ONO EET cs a sOet Ede2 OOD Osea Taea 014 by am pereinate Hactratt lod , tet rants REASI WEeNe sere WwAneREAs, Landod isthe Re ¢ SL Paso. ty. colorado 80 ug70 Teissine bots (os, THEREFORE. for and it Sit, ‘ight asad. cight hundred. “one Fhensenrol tee " unarcl a “ fee. WOLLARS SQ. O _) Hs ea aks ts ¥oD.e8 oct osc es ier person cer than Tenants immedi se or cep the Premises without fst ob fast obtaining ane6 1 “andora’s written consent o such use. Tenant shal comply with ny and a Taw, cwdinances, rales du all zovernmental or quasi“zovennmental anborities affecting the cleanness, use, oSeuPanS and preservation of the Premises, CONDITION OF PREMISES, Tenant stipulates, represents and warrants that Tenant as examined te Premises cee evot tics ate atthe time of this Lease a yood arder, ropa, and i sa, elean and tenamtable conition ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agrecmont, or sublet or grant ry iccnss (° se preinies arany part thereof without te prior written consent of Landlord. A consent by Landlowd 19 one ren avsleumont,sub-letting or icense shall not be deemed fo be a consent to any subsequent assiene sb Mung ortwens., An assignment, sib-leting or Heense without the prior written consent of Lanions co ‘Relngnt or subsltting by operation of law shall be absolutely wuld vod and shalt iadlord's option, terminate this Agreement ALTERATIO’ AND IMPROVEMENTS. Tenant shail make no alterations o the buildings or improvements aarre premtces or construct any building oF make any or mprovements ow the Premise without ie prot wale oa erteauagra. Any and al alterations, changes, and/or smproentents ba, constructed or placed t Co ent shal aless othersc provided bs wien agement botween Landioxd and Tena. be and Pa ropesty of Landlord ad semain on the Premises at he expiration or ari termination ot is Agreement NON-DELIVERY OF POSSESSION. ithe even Lmdlond cannot deliver possession ofthe Bscinncs ot Nenite couunenscient of the Lease tem, through no fant of Landlord ors agents, He analord or is agents ae acne Habit, but the renal herein provided sll abate unit possession s ven Landlord of fe as aan ats 0) days in wluch wo give possession, andi possession i tendered within sich gine, Teun Oates veaccepe the demised Premises pay the aerial herein provide fom tht dat, In hs 3 possession cannot be Fe through no fanlt of Landlord ofits agents. tien this Agreement axl all jghts hereunder shall terminate, \gerous, flammable oF i might be HAZARDOUS MATERIALS. ‘Tenant suall not keep on tke Premises aay item oF eANouve ebuacter that night ueasonably increase the danger offre or explosion on the Ps San deted Inirardous or esa haarcons by any responsible imsurance company LUTILETHES, Tenant shall be responsible for arauging for and paying fra lity services requ on the Premises MAINTENANCE AND REPAIR; RULES, ‘Tena will, at its sole expense, Keep andl Nat the Premises and Jppartenanags in pood and sanitary’ condsion and repair during che ferm of this Agreenssit ‘and any renewal thereo! Without limiting the generality of te foregoing, Tenant shall (@) Not obsiruct the driveways, sidewalks, courts, entey ways, stairs and/or halls, which ‘shall be used for the purposes of ingress and egress only: | locks and hardware in good, clean (b) Keep all windows, glass, window coverings, doors, order and repair, (o)_ Not obstruct or cover the windows of doors (@) Not leave windows or doors in an open position during any inclement weather: (©) Nothang any laundry, clothing, sheets, ete from any window, rail, porch or balcony nor nir or dry any of same within any yard area or space;(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt, (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good ‘order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepin rubbish, sand, rags ies or other Substances to be thrown or deposited therein, Any damage to any stich apparatus and the cost of clearing stopped plumbing resulting from misuse shail be borne by Tenant. (i) And Tenant's family and guests shall at all times maintain order in the Premises and at al places on the Premises, and shall not make or permit any loud or improper noises, or oiherwise disturb other residents, G) Keep ail radios, television sets, stereos, phonographs, ete. tamed down 10a level of sound that does not annoy or interfere with other residents: (Deposit ail trash, garbage, rubbish or refuse in the locations provided therefor and shall ver altow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements, (0) Abide by and be bound by any and all rules and regulations affecting the Premises or the ‘common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them. 12. DAMAGE TO PREMISES. Inthe evetl the Premises are destroyed or rendered wholly wtenantable by ease mrhquake, or other easmalty wot causcd by the negligence of Tenant, this Agreemient shall tevin on aoe a awe forthe pmpose of enforcing tights that may hive then accrued hereunder, The rental provided or Faaainfall tien be aesotied for by and between Lanulord and ena up fo the Une of sch injury oF detntion oe phases Tenant paving tnials upto stich date and Landlord refunding rentals collected Beyond such dae Shand a portion ofthe Premises thereby be rendered wntenantable, the Lando shal have the option of ss Tepuimng such injured or damaged postion or ferminating this Lease. In the event ua Landiond crs right 10 sean sul enantable portion the rata shal abate i the proportion tat the injured parts pears oh hole Fennec et sac part so anjared shall be restored by Landlord as speedily as practicable, after whicl the full vent shall recommence and the Agreement continue according toils terms 1h. INSPECTION OF PREMISES. Landlord and Landlord's agents shail ha the right at all easonable Hines divine Haare af diy Agrcement and any renewal thereof to enter the Premises for tks purpose of inspecting ths Premises ane all build ons thereon. And for the purposes of niking any’ repairs, additions oF alterations as ae deena appropriate DS Latadlord forthe prescwation of the Premises or the building, Landlord and ts aa ee real farthg have the right to exlibt the Promises and 0 display the nsual “or sae", "for ren” of acaney nso the Premises at any tnne within forty-five (4S) days before the expiration of this case ‘he right of entry aoa ec oncescut for te puxpose of removing placard. sins, fistures,altraions or adltions, but donot conform fo this Agreement or fo any’ restrictions, rales oF regolations affeting the Prennises. Li. SUBORDINATION OF LEASE, This Agreement and Tennats strestherewider are and stall bs subontinte fintee ae inferior any and all noegapes lies oF encumbrances now of hereafter placed on th Piss a ae a advanses made mder an sich mortgages len or encumbrances (cling, but not Kinited 4, Farare