@ ORIGINAL Richard A. Molezzo, Esq HARDY LAW GROUP Nevada State Bar No. 6809 96 & 98 Winter Street Reno, Nevada 89503 Telephone: 775-786-5800 (#4 IN THE SECOND JUDICIAL DISTRICT COURT OF PHE STATE OF NEVADA IN AND FOR THE COUNTY WASHOE, WASHOE COUNTY, NEVADA, by and through the SHERIFF OF WASHOE COUNTY, Plaintisf Case No. CV06-02333 vs. $4,637.00 U.S. CURRENCY, Dept. No. 6 Respondent. AFFIDAVIT REGARDING CONTEST FORFEITURE PURSUANT TO TITLE 18 U.S.C. SECTION 983(a)2(D) STATE OF NEVADA ) 88) COUNTY OF WASHOE) 1, RHODA EVANS, do hereby swear, under penalty of perjury, that the assertions of this affidavit are true, except as to those matters stated on information and belief, and as to those matters, | believe them to be true: 1 ‘Your Affiant’s is the Mother of Calen Evans and on the date in question, to-wit: August 21, 2006, Mr. Evans had in his possession the sum of Four Thousand Six Hundred Thirty Seven Dollars ($4,637.00) of U.S. Currency. Said money being obtained through the legal saving of your affiant for a year prior to the date first written above. Said money was not obtained through any criminal enterprise 2. __Affiant knew a year prior that Calen Evans would be going to the Feather River Page | of 4wok ee ‘Community College and starting saving money at that time, Affiant would regularly give Calen Evans cash to put away in order to pay for the school. 3. That Affiant is the person who provided Calen Evans with approximately $4,637.00 for registration at the Feather River College in Quincy, California; for books, to rent an apartment, and incidentals to turn on utilities, food, etv., which Mr. Evans was on his way there when the accident occurred. 4. Attached hereto as Exhibit “A” print out of Feather River Community College 2006-2007 costs of Attendance. Mr, Evans has the Good Neighbor fees at a cost of approximately $1,176.00 for Fees, $1,100.00 for books and supplies, and $1,800.00 for Miscellaneous expenditures, which total $4,076.00, 5. Attached hereto as Exhibit “B” is the fall 2006 print out of Calen Evans Session Credits Earned, GPA of 3.81, which shows that Mr. Evans did in fact register and attend Feather River Community College the Fall of 2006, however, with the $4,637.00 being confiscated by Police, put a hardship on the family and Rhoda Evans had to wait to pay his fall registration until December 2006, and is behind on paying for his Spring 2007 academic schedule. 6. Attached hereto as Exhibit “C” is Mr, Evan's Spring 2007 Academic Totals and Registration Confirmation; 7. Attached hereto as Exhibit “D’ a copy of Rhoda Evan's Choice Credit Card depicting the payment to Feather River Community College in the amount of $618.50, which is the payment for the Fall 2006 school year at Feather River; 8. Attached hereto as Exhibit “1” is a copy of Mr. Evan’s Residential Lease or Month-to-Month Rental Agreement, which depicts the date of September 22, 2006, for security deposit of $1,000.00 and rent in the amount of $500.00 per month. Mr, Evans had to wait to rent an apartment until Rhoda Evans could afford to pay this deposit for Mr. Evans, which Rhoda Evans paid cash. It also shows that Rhoda Evans is the Guarantor for the apartment; 9. Your Affiant submits this affidavit to contest the forfeiture of the above-noted Page 2 of 4curreney, WHEREFORE, Affiant hereby responds that all right, title and interest to property subject to forfeiture ($4,637.00 in U.S. Curreney) lies with RHODA EVANS to the extent, that she is Claimant’s Mother and is prepared to testify under oath that prior to the event in which Calen Evans' was detained, RHODA EVANS had given her son, the Claimant, currency in which Claimant was' to use for college room, board and supplies. Moreover, given the fact that RHODA EVANS was in no way a party to the alleged illegal conduct by Claimant, nor did anything to facilitate the alleged criminal conduct attributable to Claimant, Claimant and his Mother RHODA EVANS therefore declines to give up any right, title or interest in said U.S. Currency and requests a hearing and order to present Claimant's Mother RHODA EVANS’s interest in said U.S. Currency. Your Affiant submits this affidavit in support of and to contest the forfeiture of the above- noted currency, FURTHER YOUR AFFIANT SAYETH NAUGHT. DATED this 2° day of March, 2007. i A irda WA RHODA EVANS SUBSCRIBED and SWORN to before me this ia day of March, 2007, by Rhoda Evans. TEZLIE M, LUCAS Notary Pub - Sat of Nevada ‘epimers Cay wecoecoe2-| ‘aor 2 ee Page 3of 4Sea aw ren CERTIFICATE OF SERVICE Pursuant to NRCP 5(b), I certify that Tam an employee of HARDY LAW GROUP, 96 & 98 Winter Street, Reno, Nevada 89503, and that on this Hh ‘of March, 2007, I served! the foregoing on all parties to this action by: placing an original or true copy thereof in a sealed envelope placed for collection and mailing in the United States Mail, at Reno, Nevada, postage| paid, following ordinary business practices. personal delivery Facsimile (FAX) Federal Express or other overnight delivery v Messenger Service Certified Mail with Return Receipt Requested. addressed as follows: Washoe County Deputy District Attorn Brian M, Brown, Bey ae 1 South Sierra Street 4” Floor PO Box 30083 Reno, NV 89520 DATED this pe day of March, 2007. Lezlie M. as Legal Assistant to Richard A. Molezzo, Esq. Page 4 of 4EXHIBIT “A”Programs & Learning Recoures enier Heats & Childcare Gareeritransiar Gener Coaperiaive ~ Agencies Resources (Cooperative Work Eauestion CanonKe Watkin Foucatonal Tales Upware Bound Financiat Aid Admissions | Courses | Faculty | Athletics FEATHER RIVER COLLEGE ea yp FINANCIAL AID OFFICE Bownicad Welcome to the FRC Financial Aid Office homepage! The Financial Aid staff are dedicated fo assisting students and families in obtaining funds to cover college costs in an equitable manner. Financial assistance is available from the Federal and State governments, Feather River College, local ‘organizations, and lending institutions. The application process for financial aid is complex, and we are here to help you with the process. Fee! free to contact the Financial Aid Office for assistance. Our goal is to see that financial problems do not prevent you from participating in your educational experience. We look forward to serving you! Important information is sent to you by mail as well as email. Please make sure both addresses are current. OFFICE HOURS: 8am - 5pm Mon - Thur 8am - 3pm Fridays PHONE: (530) 283-0202 ext. 218, 296, 241 FAX: (530) 283-4669 Financial Aid Office Feathor River College Quiney, CA 95974.9124 FRC School Code: 008597 Klien 2006-07 Cost of Attendance 2006-2007 STUDENT EXPENSE BUDGET NINE MONTHS a» T of Nine MonthTees Books & Supplies Boom 4 Board Transportation LESS THAN 1/2 TIME Based on $ units per semester Tr Time Fees Books © Supplies Transportation Tot Notes: {Budget based on 9 months 2 Ful-iime fees bases on 14 unis per semester et $26/unit 3.Good Neightor Ful-time fees based on 14 urts per semester at §42/unit 4 Outof -State Full-time foes based on 14 units per somester at $180/unit plus $26/unit enrolment fee. (S206/uni) Financial aid awards are generally based on the students documented financial need, or on merit im the case of scholarships, and come in the fallowing for: Grants Money awarded based on need, and does not nave to be repaid. Scholarships Money awarded based on merit, and does not have to be repaid Work Money e2med by the student working through the college, ‘generally for minimum wage. Loans ‘Money borrowed and paid back with intrest Meating collage expenses 's a cooperative effort between the student, the students family and the federal government. The slusen! andlor students {ory has the primary responsibilty for financing the cost oftheir chic's ‘education, tothe extent that they can contribute, Tae student shares in this responsibilty and is expected to contrbute from savings, or employment, ‘Students, Parenis, and Counselors: For more informetion, go te: ‘STUDENT AID ON THE WEB Feathor River College ‘uiny ca soe (Pry. sooa2 5708 FAX 50283. 4899 About FRC | Instuction | Students | Library | Faculty | Administration Chester Campus | Today at FRC | Admission and Records | Athletes ‘Schedule |Jobs | Sie Map | Contact Us Feather River College does not discriminate on the basis of raca, cole, natonal origin, sex,EXHIBIT “B”3, 16. 20076 2:34PM- 7 NO. 038 Par. 50f1 @ ~ Feather River College Online Pémal Mens | Portal Logout Student |Grade Inquiry - Results ‘Student Name CALEN M, EVANS ‘Session 2072 FALL:2006 | Academic Totals | Session GPA. jet Session Credits Earned 12.00 | Cumulative GPA 3.81 Cumulative Credits Earned 12.00 Session Grades Index Course Description Final Grade Credit Hours 114€ ARTIOO ART APPRECIATION BE 3.00 227F HISTI10. THE U.S. FROM[877 A 3.00 256F PEOIOABCD ACADMG SUCCESS -MEN'SBSKTBAL CR 1.00 339F PE166ABCD THEORY INTERE MENS BASKETBALL =A. 2.00 201B PE201ABCD INTERCOLL BASKETBALL/MEN P 150 403F PSY102 INTRODUCTORY PSYCHOLOGY A 3.00 Change Session t | | bttps:/faccess.fre.edu/RegentScripts/ctlwb0 Project exe 27162007EXHIBIT “C”FEB 16. 2007a 2. ee W0.-038 Pa. 2of2 & Feather Kner College Ouline | Portal Logout Student Schedule/Bill Inquiry ‘Student Name CALEN M. EVANS coco- 307 Reorstrafron conrrRMATION 02/16/07 Pesagmme RxvER conse 33:22 7 7 246s sorter ce compus------- Rano, wv 89503 EDUC. GORE--- > Transfer with ANAS | > NO PROBATION/DISMISSAL > NO PROBATION/DISMTESAL > UNDECIDED MAJOR LASs SCHEDULE course sect. pays Toe BLDG ROOM INSTRUCTOR CREDIT. 2074 SPRING 2007 Gen. Refund Dates 04/26/07: 1oce 3398 THEORY, nenad MEN'S BASKETBALL 01/16/07 TO 05/25/07 1L PELg6RBCD 3382 02 :00PM- 02:50%M MPB 220 cuneszeciiax 2.00 2535 ACADMC! success ~ MEN'S BSKTELL 01/16/07 74 05/25/07 31 PROLOABCD 2535 TR 05:30PM- 06:50PM FRC LC © CONMITNGHAM 2,00PF 14s CONCEPTS IN HroLOGy 01/16/07 10 05/25/07 1a BioL100 1418 MAP 10: 00aM- V9.S0nm Ser 304 THOMPSCH 4.00 bipeaces te aduRegenseipletyeor Pees exe 2/16/2007‘FEB. 16. 200761 2: eee NO. 038 Par, jof2 21 02/16-05/25 w 20:00PM SCI 106 © cross | 21 02/15-05/25 W 07:008M- 08:30%M Scr 107 THOMPSON 0348 INTRO TO 00% 21 socioa O84 oy 02/16/07 70 05/25/07 ON LINE. ABELL 2.00 xo1s DATERCOLL 8: LL PE201ARCD XO1S MTWRF 03:50PM MEE 101 RICK 11 01/16-03/16 04:50PM MEB 101 Crse Refund Dat STALL / MEN 01/46/07 70 03/16/07 x62 COMPUTER 12" 24 Busi62 —_x628._ TR 12:20PM COMP600 ANDREWS Crse Refund Dates 02/22/0 91/16/07 TO 03/15/07 264s COMPUTER LITHRACY IZ 63/20/07 70 05/24/07 33 BUSi6a 2645. TR 32:20mf coMP6oO ANDREWS cree Refund Dates 03/23/0 2 =) vrs BEGINNING LIE LOG FITNESS 01/16/07 70 05/28/07 20 PEI72AD ©-VI28. A } FR FIT MUNEZ -50BF 20 03/16- | 05/25 aA TBA FR FIT STARR HOURS ENROLLED 14.00 ‘Change Session Portal Meru hitps://access.fic.edu/RegentScripts/ctlwb01Project.exe 2/16/2007FEB. 16. 2007€ 2:30PM~ ae NO. 038 Pef. 4of1 | eee Student|Grade Inquiry - Results Student Name CALEN M. EVANS Session 2074 SPRING 2007 Academic Totals Session GPA Session Credits Earned ‘Cumulative GPA 3.81 Cumulative Credits Earned 12.00 | Session Grades Index Course Description Final Grae Credit Hours | | Ponal Lage | itp eces fr od RegentSciptltdb01 Project exe 2n62007 |EXHIBIT “D”Choice® 4428 1353 9147 3702 Customer Servic oo et eco ee leet eee lee aes a oxo ith setig. GER TH 12/18 | 30684427 PAYMENT THANK YOU 3 78,139.96 Que records, show hone Please update coupon i 1f You defautt on an (re Brintes ou ove been nregua)it ied for our gnortest finan retarted Hone Eaurty Line of Credit from Citibank: for'Breferred Rates. dnd services This Rate Sale ends February 20 Pay your credit carg {11 ontine anytine, can Schedite payments. in advance or days 'Stgn In 82”ei teardeseam and sel a the beams a Tnese'rates apaly te your account’ at the time this sta’ Care Agreenent phone 775-746-2452 and business phone 702-258-134. The new rate ever 13. nent ws four rate my increase. Dlus up to 23.9508, oe epee, 28-9908 wil tion - A Premium fest, fgancing 0 alt 1866, 422-8619"today zor! ‘90 g's posy, secure and free: Plus, you ‘ba atweckday to’ post the’ slime Le hae Payment ip ‘# gine Tevieus 1) Foreheses tC] Payment] PINAR TNE ee eeey Balance Advances create ‘change Balance Purcnases 8 139.9 2,705.42 139. 52.84 753-26 ‘sovanees $9 138-88 $2795 -883 $5385 295 $33:88 $2078 Tora $9,189:98 $2,705.82 $9,159.98 s82:84 $2,788.08 aye This Bing Perot, 30 Bale Surman BNET BEET FaRCASES Finance Charge, Rate APR PERCENTAG ERATE. ‘Stonderd Purch 4,54 03877 - aa. BuRBe $4,543.06 0.038750) 14,1508 150% Standard Adv $0.00 0.08367%(0) 23.2408 2.240% FERS PANTS Toy CHOTA Woo, ORT aCe) oo WIMEAT MEST 3E RECEINED QY 5:00 94 LOEKL TIME cn 93/20/2907al Membership Foe: nya erbartp ile once 3 sarount afte fee sno entre stale mes ees edo crs ronna yo acon aan! {gut pace transis ent apnea! on tas totanient, you must darren coves susmgontieat aaron tytn salar mart winin eyo cid Covome Settee) oes Se ne ferateneneseiMGacQbe, tw New Since on tis atenet by Amber an taste ie dost asset ead eee Iojhetrate avon atte yosateataanes vce: sey Stat fer be anmun Ow tcs Gon Fae ee at GE Reurate svcd perio tne charges on now purcases ss SOay oe eseriges tha lance tse oes ertoin Chole Accounts: I tne pees rat for 9 CHOICE account cast Grace Period for Advances one Seance foewed by an). the asvace enced he apose rc also Pst Sule te ec ‘SUSAR Sec ater nay any ru Se ns le Seen pec niles gay para rate Wi nde moniny pero ae, Peta Ie rant seen. There sy ‘ema Daince is iuoain ie Sondre Aa ale Batnce Subject t Fiance charge: We cult xine Nance pees none ‘SG away fx each blancs sujet to alert toms tg Hmum Finance Charge: ie nance charg of $ 50 PeRTScN Sui eater Saray "heoeoa re Sar hy red ou ec Inc puchases baaces barter cash advances Wiest fey, ‘thar ee an ay minimum nace carp, BILLING RIGHTS SUMMARY. Ineae otro or Guten KA Yur i ou ne yur “Soret er mci rn, ee re nt At uy TENreeisirmuee espns pein, TRcclyorase mgcetna ida aleonal a CERO ethno renga” Mae ag aC! sre pes ed a SEEDS GEG Ri athe wtieteseainiele Rebbe or eeon| maw bune Saree ain Caper any pected” eee hb rn nega 3 Semesna Ree nema sarees mets nwo chtaatao ova mara eee SEs eatin geese” Sore cer pte RowieeMec des tinue itera, Buena een pes etnies ay nase” Jeueo hem bonne coca Sere pes ey att el i a i Fults nen. fee andy te sceieale cal pense rte ne YOUSENd us a trea include the folowing information {uli the pce tran chaeseseed rh Sones Ooo“ ourrve veh ‘orminorvaiatars cued by reondbs, 1 The dolar amount of the suspects er “eit Soman ttn Cartan Carmen: rise Soest he ear and etpuna yon ay wou blew here Try anche orem Hee lowing Average" yay nace a as Ua fy oy eles hee an Daly Belancs incttng new trancactons method. We ake tne bag ‘ing bance ech Sane sve Gay Graton pods eee hep ineocin verse ese ange a rete reapers cei oats SS Yusef a man eal a sherbic toed Mics Utegecstotarct amngl, My Giuee Gan anoe neti ries rete Si iecor mui tiualbeath terse pines hie tm era iron we dana oe siege im tans ole SaurarCeangtsa eSe” Seng onic does eas Geren a eT se [iatotal number of days in ta bitng period. Far finance charge cata YOU Question. Sinmoes te ling oa vacate Slemercco~y slope ue ret cord Preuss: youn a grasem uth ne Fol Scots TE wu Me Ses tne Soe Seda aeSet gute carte etree eu ae ce ih wee ne eit alee Gebine Saher a granny Younha ies sesh iis tes tent mt cat eto BIDE Ae nefaseie pra rascechage youingne uray aha oaar accra eu os arcane eget: Delaney he apteton” ewe Ven suet rupee ane eS Se Tenletaceiae Mim be kit atv edocs, Senin yin ray tae ues oct oae reese faves tare arg ym tga Soames Sect _yorig alot at eg a so de soney oa buns te aca iy erase a ~youthe ween tanec ee ee le ‘sty nenonbero tonne ay poe Sree epardanof aout Erect oes emer Serve bear caroaing ns Term lease be ur allcrespondence i signe by the ima carole, faiergesumet yy bs aman ecuanene eee PUES icant, — ramenermn aie ee ris ox teeta hae ta” ‘a Geet Ragen tere Reese Satie Sliiiahiclt = —— 9 BEERS RE me eas Sead BR Se rey se, or Wfomeethr wet nace ne these Se See Seti etaaied te curges mace ts ny account and am puting anton Sr we eee — = —- Fens orovie posts reeih | SMietlerrmereecncrmcrwavmanecaytiy on Ree erent Scguicbageeeenmas Eee tirana eign PsN te a Chane Serve nnd (0 Sher hehe sey hte Ss wees 86)EXHIBIT “E”Ia CALIFORNIA a ASSOCIATION e RESIDENTIAL LEASE OR e “or Reatrors® © MONTH-TO-MONTH RENTAL AGREEMENT (CAR. Form LR, Revised 1/06) UINCY REAL ESTATE ¢ PROP. MGT. (Lando) and CALEN EVANS Tenant) agree as follows: 1. PROPERTY: ‘A. Landlord rents to Tenant and Tenant rents from Landlord, the ral property and improvements descrbed es: 2396 5. MAIN sr.) oumucy ca 2827: Premises" ‘The Premises are forthe sole use as a personal residence by the folowing named person(s) only c. The folowing personal property, maintained pursuant lo paragraph 17, & mnclded: C1 checked) the personal property onthe attached addendum 2. TERM: The tor bogie on (ale) x 22, 201 ("Commencement Date", (Check A or 8): A. Month-to-Month: and continues as a montivto-month tenancy. Tenant may terminate te Tenancy by giving witten notice at least 20 days Prior to the intended termination dete, Landiord may temingte the tenancy by ghing writon aotice a8 provided by law, Such notices may be {ven on any dat. 1 B. Lease: and shat teminato on (date) at Daw Cew. Tenant shall vacate the Premises upon termination of the Agreement, unless’ @) Landlord and Tenant have evlended this agreement in \wrting of signed @ new agreement; (i) mendated by local rent contol law; or (i) Landlord accepts Rert from Tenant (other than past due Rent), in which case a monthto-month tenancy shal be created which ther party may terminate as epectied in paragreph 2A. Rent shal be at @ rate agreed to by Landlord and Tenant, or as alowed by law. All other tars and conditions ofthis Agreement shall remain in full force and effect ‘3. RENT: “Rent” shall mean al monetary obigations of Tenant to Landiord under the terms ofthe Agreement, except securty depost. ‘A. Tenant agrees to pay § 2) er montn forte term ofthe Agreement. a poyable in odance on te Tatler TT ) day of each calendar month, and is deinquent onthe next cay, . if Commencement Date fale on any dey other than the dey Rent is payable under paragraph 36, and Tenant has paid one fll month's Rent in _sdvance of Commencement Date, Rent forthe second calendar month shal be prorated based on a 30-day period. i 1. PAYMENT: Rent shallbe paid by [2] personal check, [z]monoy order, [z|ceshiers check, or other (name) 202 ORE, (phone) L520)283-9657 at Snes oe Fi een pe Eocene ee eter Se ee ee meaner atte mS Rent shall be paid by [3] money order, or [3] cashier's check, —— ‘A. Tenant agrees to pay $ 1,002.00 ______ag.a secunty deposit. Security deposit wal be (] traneferred to and held by the Owner Ofte roms, or [fn Owner Baka on az Eo Le oe a pS UAE isc et say me rr tcc ions ce an Spee a tee ee simi cara sare ge deste Scarce eee aac aea eg ee ses Slantrn ae at rae feces Sener cer cy pmeomre ansrercmmeeaes ‘secunty deposit received and the basis for iis disposition and supporting documentation as required by Calfomia Civil Code § 1950. 54g); and (2) pasha aie « Egg aaa arahe ere emcen ene ec cry ne re araneore Fae cena eae eenrgomn meme > Remuteinaracee ones 2 Raprey sae Soh SS ware reeeen oon tenon iota pe sae ear ote ctor cen tn Sar tamer na sce ran eas abuanseamere ane ee gerne emt « gigi aman raeesemenmweeree eS So [10 02/26/2006" (cate) $250.00 $150.00 “Secunty Deposit $2,000.90 $2,000, 00. Total $2,150.00 ‘$7, 000.00 $150_00| {The maximum amount Landlord may receive as aecurty depos, however designated, cannot exeeed hwo months’ Rent for unlimiahed prenikses, oF tree monihs' Rent for fumished premises, ‘Tenants Intals ( im ) The Sopyant ows of he Unted Stas (ite 17 U.S. Cog) ford he unautoted ‘eprodton efi fam. cr ay poton Mereo!, by phehcapy Meche Oey OF Landtoras Initiate ¢ ‘means, inouding facile of computerize formate, Copyraht @, Ser, CALIFORNIA ASSOCIATION OF REALTORS, INC ALL RIGHTS RESERVED Reviewed by Date UR REVISED 1/06 (PAGE 1 OF 6) a )2396 F. wazm sr date: seveesves 22, 2006 Premises: QUzNcY, ca 25972 7 LATE CHARGE; RETURNED CHECKS: : A. Tenant acknowiedgos either late payment of Rent or issuance of a retumed check may cause Landlord to incur costs and » Bxpenses, the exact amounts of which are extremely dificult and impractical to detormine. These costs may include, but ere not limted to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. f any instalment of Rent due rom Tenant is not received by Landlord within (or 2]__2__) calendar days after the date due, ora check is retuned, Tenant shall pay to Landlord, respectively, an addtional sum of $50.02 _or______ %of the Rent due as 2 Late Charge and $25,00 2s a NSF fe forthe first relumed check and $35.00 as a NSF fee for each addtional retumed check, citer or both of which shall be deemed addtional Ren 'B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenants late or NSF payment. Any Late Charge or NSF fee due shall be paid withthe current instalment of Rent Landlord's acceptance of any Late Charge or NSF fee shall not consttuto a waiver as to any default of Tenant. Landors' right to collect Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 ot prevent Landlord from exercising any other rights and remedies under this Agreement and as provided by law. PARKING: (Check A oF B) GBA. Parking is permitted os follows: 227 pRive Way wexr ro yeep ‘The Tightto parking (ie Lie not induded in the Rent charged pursuant © paragraph 3 hot inchuded in the Rent the parking rental fe shall be an adational § eet month, Parking space(s) are to be used for parking Property licensed and operable motor vehicies, excopl for Wales, boats, campers, buses of trucks (other than piocup trucks). Tenant shal park in assigned space(s) only. Parking space(s) are fo be Kept clean. Vehicles leaking ol, gat or other motor vehicle furgs shai nt be parked on the Premises. Mechanical work or storage of inoperable vehicies ie not permitted in parking space(s) or elsewhere on the Premises, OR C1 B. Parking is not permitted on the Premises, ‘STORAGE: (Check A or B) ‘A. Storage is permitted as follows: g ‘The right to storage space (Zis,[1}'s not, included in the Rent charged pursuant fo paragraph Sif not included in the Rent, storage space fee shall be an additional § per month. Tenant shall store only personal property Tenant owns, and shail not store property claimed by another or in which another has any right, title or interest. Tenant shall not store any improperty packaged food or perishable goods, flammable materials, explosives, hazardous waste or other inherently dangerous material, oF illegal substances. OR C1 B._ Storage is not permitted on the Premises. 8. UTILITIES: Tenant agrees to pay forall utities and services, and the following charges: 10. 1. Copyright © 1986:2008, CALIFORNUA ASSOCIATION OF REALTORS®. NC UR REVISED 106 (PAGE 2 OF 6) Reviewed except ‘which shell be paid for by Landlord. any utiles are nol separately metered: Tenant shall pay Tenant's proportional share, as reasonably determined and directed by Landlord, If utlites are separately metered, Tenant shall pide utlties in Tenants name as of the Commencement Date. Landlord is only responsible for instaling and ‘maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion fom existing utlties service provider, CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and fistures, including smoke detector(s) Speck all that Seely) ‘A. Tenant acknowledges these items are clean and in operable condition, with the following exceptions: Os Manno, 2knowedament oF We candion ofthese Hers i Contained in an aliached statement of condlton (CAR, Form MIMO) OC. Tenant wit provide Landlord a list of tems that ere damaged or not in operable condition within 3 (or CT. ) days: ater Commencement Date, not a8 2 contingency ofthis Agreement but rather as an acknowledgment of the Condition of the ses. Dd. other: MAINTENANCE: ‘A. Tenant shall property use, operate and safeguard Premises, including i applicable, any landscaping, future, furnishings and Provide and maintain. Tenant shall immediately notty Landlord, in writing, of any Problem, matfunction or damage. Tenant shall be charged for all repairs or replacements caused by Tenant, pets, guests oF licensees of Tenant, excluding ordinary Wear and tear. Tenant shall be charged for al damage to Premises as a result of failure {o report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or stoppages, unless caused by \efective plumbing parts or tree roots invading sewer lines. 3 C] Landlord [39 Tenant shell water the garden, landscaping, trees and shrubs, except: Landlord fz] Tenant shall maintain the garden, landscaping, trees and shrubs, except andlor] Tenant sal ma fenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hice someone to perform such maintenance and charge Tenant to cover the cost of such maintenance. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair or replace them: Tenant’ tniials ( ) Landiord's intits i ) "mo 9 p306 eam se @ r ) erat Premises: QUINCY. ca 95972 12. NEIGHBORHOOD CONDITIONS: Tenant is advised (o satisfy him or herself as to neighborhood or area conditions, including schools, proximity and adequacy of law enforcement, crime statics, proximly ofregstered felons or offenders, he protection oer gevemmental services, availabilty, adequacy and cost of any speed-wired, wireless intemet connections or other {elecommunications or other technology services and installations, proximity to commercial, industrial or agricultural actuties, (esting and proposed transportation, construcion end development thal may affect noise, view, or trafic, airport noise, noise of odor ‘fom any source, wild and domestic animajs, other nuisances, hazards, oF circumstances, cemeteries, facies and condition of ‘common areas. conditions and influences of significance to cerfain cultures andlor religions, and personal needs, requirements and preferences of Tenant. 13. PETS: Unless otherwise provided in Califomia Civil Code § 542, no animal or pet shall be kept on or about the Premises without Landlord's pric written consent, except PROP, : 14, RULES/REGULATIONS: ‘A. Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises of delivered to Tenant. Tenant shall not, and shall eneure that guests and licensees of Tenant shall not, disturb, annoy. endanger or imerfere with other tenents of the building oF neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, seling, string or transporting ict drugs or ather contraband, o violate any law or ordinance, or Commi & waste or nuisance on or about the Premises. 5. (ifapplicable, check one) LY: Handlers shal prove Tenant wi 2 copy ofthe rules and regulations within __ days or. OR 2. (Tenant has been provided with, and acknowledges receipt of, a copy of the niles and regulations 18. [7 (if checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT: ‘A The Premises is a unit in a condominium, planned unit development, common interest subdivision or other development governed by a homeowners’ association (HOA’). The name of the HOAs [Tenant agrees to comply with all HOA covenants. conditions and restrictions, bylaws, rules and regulations and decisions. Landlord shall provide Tenant copies of rules and regulations, any. Tenant shall reimburse Landlord for any fines or charges imposed by HOA of other authorities, due to any violation by Tenant, or the quests or licensees of Tenant. B. (Check one) G1 1. Landlord shait provide Tenant with a copy of the HOA rules and regulations within __ days or ORE) 2. renant has been provided with, and acknowledges receipt of, a copy of the HOA rules and regulations. 16. ALTERATIONS; REPAIRS: Unless otherwise specitied by iaw or paragraph 28C, without Landlord's por writen consent, () Tenant shall not make any repairs, alterations or improvements in or about the Premises including: panting, walpapering, adding of Changing locks, installing antenna or satelite cish(es), placing signs, cisplays or exhibits. or using screws, fastening devices, large ‘als of adhesive materials; (i) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant: (il) Tenant ‘any deduction made by Tenant shall be ‘considered unpaid Rent, KEYS: LOCKS: ‘ A. Tenant acknowledges receipt of (or Tenant wil receive []] prior to the Commencement Oate, orf] remote control device(s) for garage door/gate openers), 47 2 key(s) to Premises, —— keyis) to maitbox, eee 0 key(s) to common area(s), ne ———————aSSESE—ESETeox B. Tenant acknowledges that locks to the Premises [] ave [] have not, been re-keyed. G.I Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of al keys to Landlord, Tenant shall ay aif Costs and charges related to loss of any Keys or opening devices. Tenant may not remove locks, even it installed bY renant. 18. ENTRY: ‘A. Tenant shall make Premises availabe to Landlord or Landlord's representative forthe purpose of entering to make necessary or Agreed repairs, decorations alterations, or improvements, of to supply necessary or agreed services, oF lo show Premises 10 Prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. 5. Landlord and Tenant agree that 24-hour writen notice shall be reasonable and sufficient notice, except as follows: 48-hour Witten notice és required to conduct an inspection of the Premises prior to the Tenant moving out, Unless he Tenant wales the att to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Terent hes agreomant c {if checked) Tenant authorizes the use of a keysale/lockbox to allow into the Premises and agrees to sign a rsatellockbox addendum (C.A.R. Form KLA). ad os 20. ASSIGNMENT; SUBLETTING: Tonant shall not sublet al or any part of Promises or assign of transfer thie Agreement or any terest i without Landlords roe writen consent. Unless such consent © obtaned any ascimment ineshe ee eae Promises or tis Agreement or tenancy, by volniary at of Tenant. operation of amo Obes a ot tng terminate tis Agreement. Any proposed assignee, wanstree or scolssee shal subiik Caney et ea eats: ‘Comat oy Landords aproval and, approved. sgn a sevaate wren agreement wih Lander) ave tena adores ensent to any one sesghnent. vansier or sublease, shal nat be consiued as consort fo any eubeeteenk tiene Faces SEREMGAR weniauae seems loon uncer vere 21. JOINT AND INDIVIDUAL OBLIGATIONS: W tere e more thon one Tenant aach one shall be indvdualy and {espenaible forte performance of al obligations of Tenant under the Aarocmort,jrty wah every ett Tana ot cae whether or rot possession Tenants nae ¢ OME. > Landini.) ae ‘epyigh ©1864-2006, CALIFORNIA ASSOCIATION OF REALTORS®, NC 5 UR REVISED 116 (PAGE 3 OF 6) = Datepone e : Date: cembex £1, 2006 eee ae 221 LAD SASED PAT chek Pannen gums 9 Poveda wnt any Ee aN cs rae rT ase wh an ano (23. [] MILITARY ORDNANCE DISCLOSURE: (if applicable and known to Landlord) Premises is located within one mile of an area once tan SOUS Se otis epic ed 24, [] PERIODIC PERT CONTROL: Lendord has enters noe eereaee Repeat control testment of te Prmges and shal atten Gar ean earnc ns arpa ate ; zx 0 RNA Rind SSRiRaRB Ie ee mE ou nev war mrs roe et OMT fears a hn Tome et Notice and order are attached. 28. DATABASE DISCLOSURE: Notice: Pursuant to Section 200.46 of the Penal Code, information about specified registered sex pffenders is made available to the public via an internet Web site maintained by the Department of Justice at werw.meganciaw.ca. gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides of the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are required to check this Website f Tenant wants further information, Tenant should obtain information directly from this website.) 27, POSSESSION: i ‘A. Tenant is not in possession of the premises. I Landlord is unable to deliver possession of Premises on Commencement Date, such Date shall be exiended to the date on which possession is made availabie to Tenant, if Landiord is unable to deliver Possession within § (or [4] ) calendar days after agreed Commencement Date, Tenant may terminate this Agreement by lving written notice to Landiord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated when Tenant has retumed all keys to the Premises to Landiord B. [Tenants already in possession of the Premises. 28. TENANT'S OBLIGATIONS UPON VACATING PREMISES: 'B.Ay atleralionsiimprovements made by or Caused to be made by Tenant, wilt or without Landlords Consent, become The Shesmnlotd upon termination, Landlord may charge Tenant for restoration of the Premises to tne condition it was in pric fe ary alterations/improverients. Fight te. Pre-Move-Out Inspection and Repairs as follows: () After giving or receiving notice of termination of a tenancy (CAR. Form NTT), or before the end of a lease, Tenant has the right to request that an inspection of the Promises take place. prior to termination of the lease or rental (CAR: Form NR), If Te ion, Separtunity to remedy identiid deficiencies prior to termination, consistent with the terms of this Agreement, abrations made to the Premises as.a result of this inspection (collectively.-Repairs’) shall be made at ‘Tenants expense, Repairs may be performed by Tenant or through others, who have adequate insurance and heer Landlord. The work shall comply with applicable law, including govemmental perma, Repairs shall be performed in a good, skilful manner with materials of quali It is understood that exact restoration of appearance or cosmetic tems 28. BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obigations established by paragrapn 28, in tne event at imation by Tenant prior to completion of the orginal erm of the Agreement, Tenant shall aiso be responsidie for lost Rent ental Smrounes hom Tavertsing expenses and painting costs necessary to ready Premises for re-ental, Landlord may withhold any such amounts from Tenant's securty deposit. 30. TEMPORARY RELOCATION: Subject to local iw, Tenant agroes, upon demand of Landlord, to temporarily vacate Premises for a Brascrable period, to allow for fumigation (or other methods) 10 contrel wood destroying pests or organisms, or otter repairs to Coens, Tenant agrees to comply with al miructions and requirements. necessary 10 prepare Pretsises to’ socommodse nets ontrol, fumigation or other work, including bagging or siorage of food and medicine, and removal of pershables oe canoes Promracshal! only be enitled to @ creat of Rent equal to the per diem Ret for the period of time Tenant & tequied to vorats remises, 31. DAMAGE TO PREMISES: I. by no tault of Tenant, Premises are totaly or partially damaged or destroyed by fre, eerthquske, Seren or other casualty that render Premises totally or partaly uninhabrable, etter Landlord or Tevet ay Yarninate Bag TRoaberes ori i othe writen noice Rent shal be abated as ofthe date Premises become totaly or party unevauasie, 32. INSURANCE: Tenants or guest's personal property and vehicles are not insured by Landlord, menage or, applicable, HOA, agains ess or damage due to fr, thet, vandalism, rain, waler, chminal or nogigon dct of Sloses or Sy She Soe ON ‘vised t9 carry Tenant's own inouranca (renters inaurance) to protect Tenant trom any such lose ot dance Tere eet omy with any requirement imposed on Tenant by Landlove’s ineurer to avou: (lan herease h Landionds etna eae oprtaht © 1904-2008, CALIFORMA ASSOCIATION OF REALTORS®, ING CRREVISED 1/08 (PAGE 4 OF 6) RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 4 OF 6)zee ame, @ e Pramion Geant Oo eais One dextenber Zi. 2006 33. WATERBEDS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance obey: (i) Tenant increases the security deposit in an amount equal to one-half of one month's Rent; and (il) the bed conforms to the flor lozd capacity of Premises. 34. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. 38. NOTICE: Notices may be served at the following addrese, or at any other location subsequently designated. Landlord: QUINCY REAL ESTATE ¢ ROP. Mop, Tenant: CALEN Eva 2-cHURCH S2_ em A 2396 Baan st, QUINCY, CA. 95973. ‘DunicL. ca. 95972 36. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and retum a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within 3 days afer its receipt. Failure to comply with this requirement shall be deemed Tenant's acknowledament that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser. 37. TENANT REPRESENTATIONS: CREDIT: Tenant warrants that ll statements in Tenant's rental application are accurate, Tenant authorizes Landlord and Broker(s) to obtain Tenants credit report periodically during the tenancy in connection with the modification oF enforcement of this Agreement. Landlord may cancel this Agreement: (I) before occupancy begins; (i) upon disapproval of the Credit reports); or (Ii) at any Une, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to @ oredit reporting agency if Tenant fais fo full the terms of payment and other obligabone under this Agreement. ‘38, MEDIATION: A. Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or ciaim arising between them out of this Agreement, or any resuiting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally among the partes involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without {rst attempting fo resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attomey fees, even if they would otherwise be available to that party in any such action. 8. The following matters are exciuded from mediation: () an unlawful detainer action; (il) the fling or enforcement of a mechanic's tien: and (il) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall ‘not constitute a waiver of the mediation provision, . Landiord and Tenant agree to mediate disputes or ciaims involving Listing Agent, Leasing Agent or property manager (Broker), Provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or clais is presented Kawamori ne” Any election by Broker to participate in mediation shall not resut in Broker being deemed a party t0 tis eement. 39. ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevaling party between Landiord and Tenant shel be entitled to reasonable attomey fees and costs, except as provided in paragraph 328A. 40. CAR, FORM: CAR. Form means the specific form referenced or anather comparable form agreed to by the parties. 41. OTHER TERMS AND CONDITIONS: SUPPLEMENTS: Y ugeassors to such law. This Agreement and any supplement, addendum or modification. including any copy, may be signed in wo or ‘more counterparts, all of which shall constitute one and the same writing, 43. AGENCY: ‘A. CONFIRMATION: The following agency relationshi(s) are hereby confirmed for this transaction: sting Agent: (Print firm name) {8.he agent of (check one): [) the Landlord exclusively: or [] both the Landlord and Tenant. Leasing Agent: (Print firm name) {fro same a8 Ling Agen) Tapert OT ehea hel Ee tat Sach Ae Cando BENET Loin re Tenant and Larsen i eee i 8. DISCLOSURE: [i chattod:. Te orm ofthis lease exceeds one year. Adelosure regarding real estate agency relate {GAR Fem AU) has been proved e Landard and Tenant, who ecenaccroacepe te cee “4. [TENANT COMPENSATION TO BROKER: Unon execution ots ngreoment Teron ageet pay compenscton to Broker as ‘ected na sapaate witen egreomert between Terr sr Broke “5. []_NTERPRETER/TRANSLATOR: The toms af Sie Ageeman have Deen Ieprted for Tera ino the flowing language: andlor ond Tener ckowiedbo esa of {the attached intérpretortransiator agreement (CAR. Form TA). 46. FOREIGN LANGUAGE NEGOTIATION: If this Agreement hes. been negotiated by Landlord and Tenant primary in Spanish, Ghinese, Tagalog, Koroan or Vietnamese. Pursuant to the California Civ Code Tenant shall be provided a tanciation at tre ‘Agreement in the language used for the negotiation ‘Tenant iotile ( ( i > Seyght © 1854-2006, CALIFORNIA ASSOCIATION OF REALTORS®. INC -R REVISED 1106 (PAGE 5 OF 6)ee e Premises: QUTNCY, cA 95972 47. OWNER COMPENSATION TO BROKER: Upon execution of this Agreement, Owner agrees to pay compensation to Broker as peclied in a separate written agreement between Owner and Broker (C.A.R. Form LCA\. 48, RECEIPT: f specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds. Landlord and Tenant acknowedge and agree Brokers: a) do not guarantee the condtion of the Premises; (B) cannot very represeniatons made by cher: (6) cannot provide legal of tx advice fa) yl no provide ote sic ov norman tet exceeds the knowedge, education of experience required to obtain a real estate license. Furthermore, # Brokers are not also acting as Landlord inthis Agreement, Brokers: (2) do not decide what rental rate a Tenant should pay or Landlord should accept, and (f) do ‘not decide upon the length of other terms of tensncy. Landlord and Tenant agree that they wil seek legal, tax, insurance and other desired assistance from appropriate professionals. Tenant agrees on the above terms and conditions. Tenant : Fiew- ‘CALEN EVANS Date Address. City ham 2p ‘Telephone Fax emai Tenant Cate Adsress iy State __ Zp Telephone Fax, E-mail. 1] GUARANTEE: In consideration of the execution of the Agreement by and between Landlord and Tenant and for valuable Consideration, receipt of which 1s hereby acknowiedged, the undersigned (Guarantor) does hereby: (i) guarantee unconditionally to Lendlord and Landlord's agents, successors and assigns, the prompt payment of Rent or other sums that ‘become due pursuant fo this Agreement, including any and aff court costs and attomey fees included in enforcing the Agreement: (ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iti) ‘wae any right (o require Landlord andior Landlord's agents to proceed against Tenant for any defautt occurring under this Agreement before seeking fo enforce this Guarantee, Guarantor (1 was ce ad eg ug State Zip ‘Adsress Ciy Telephose Fax Email Landlord agrees.to rent the premises on the above terms and conditions. Landlord cu) ee Dale September 21. 2006 (Onner or RGR WT eutniy To ener Te Agioaery Landlord Date (nmer or Agent wat autor oer no Wis Agreement Landlord Address iy. State _ Zip Telephone Far Email REAL ESTATE BROKERS: ‘A. Real estate brokers who are not also Landlord under the Agreement are not parties to the Agreement between Landlord and Tenant Agency relationships are confmed in 43, JG. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Frm) and Cooperating Real Estate Broker (Listing Firm) conse # By (Agent) Ueense® Date Address. City z State Zip Telephone Fax E-mail Real Elle Broker (essing Fim) seme ix, ie. Licoae# By Ra eee mee et ee Address 20 CHURCH ST. STE A QUENCY State cA Zip S272 Telephone 1530) 283-9657 Faxes ‘E-mail. danfqusncyzealestateonlinecom DSSao 98 teevarmove a me carom esceunon op natonss Can wo ArnesnrATENuage A379 = aoe vue om SSR se iP exo sesconnen og aromas cans to nerermaren ie 5 obey tee Sur oats aay poe OTRO a et onec eg ee rg cane Stara oh maa ma eR RR Te Rey ae Ses SSRN OPRE BAS NC eS ANE TOME 8 a te en a nace easter! Sr ee EE oy 525 South Virgl Avenue, Los Angeles, Calflora 80020 Reviewed by —— Date —___ oe Lapa ime pos eeew " 2 13 “4 16 7 18 19 20 2 2 2 a 25 2 2 2 SECOND JUDICIAL DISTRICT COURT COUNTY OF WASHOE, STATE OF NEVADA AFFIRMATION Pursuant to NRS 239B,030 The undersigned does hereby affirm that the Preceding document, AGaaar Recs. Coalest bedi LY) 6-03333 ; -OR- Document contains the social security number of a Person as required by: 7] A specitic state or federal law, to wit: (State specific state or federal law) ore [7] For tho administration of a public program -or- [7] For an application for @ federal or state grant -or- CJ Confidential amity Cour Information Sheet (NRS 125.130, NRS 125.290 and NRS 125B.955) Date: \\ e i (Signaturey 7 (Print Name) (Attomey for) Alfanation Revised December 15, 2005