NOTICES; AUTHORIZATION AND CONSENT TO COMMUNICATE WITH YOU AND PROVIDE NOTICES, YOUR DUTY TO UPDATE CONTACT INFORMATION AND RELEASE OF CLAIMS (“Communication Authorization Consent and Release”).
(a) Whenever any notice, demand, request or communication is required or permitted to be given by either party to the other pursuant to this Application,
such notice, demand, request or communication shall be in writing and delivered in person, or sent by United States mail, or by FedEx or UPS or a
comparably reliable national air overnight courier service (i.e., one which delivers service in at least 48 states) provided that any such overnight courier
service provides written evidence of delivery. Any such notice, demand, request or communication to the Applicant shall be delivered or sent to the
address on the first page of this Application. Any such notice, demand, request or communication to the Landlord shall be delivered or sent to the
apartment complex address or the business address appearing on the first page of this Application. The date of service of any notice, demand, request
or communication shall be (i) the date any such notice, demand, request or communication is hand delivered in person, or (ii) the date on which any
such notice, demand, request or communication given by mail is received (or delivery is refused), or (iii) the date which is one (1) day after any such
notice, demand, request or communication is deposited with FedEx, UPS or a comparable overnight courier service of the kind described above.
(b) Applicant acknowledges that Landlord or any of the Landlord Parties (as used in this Application “Landlord Parties” means and refers to (a) the
past or present or future owner(s) of the apartment complex (collectively the entities in this subsection (a) are herein referred to in this Application
as the “complex owner”) and (b) Landlord’s and complex owner’s past, present and future affiliates,parents, subsidiaries, related parties, managers,
members, trustees, beneficiaries, partners (limited and general), shareholders, officers, directors, employees, agents, contractors and (c) any direct
or indirect owner of Landlord or complex owner and (d) any successors and assigns of the aforementioned) may have obtained or may hereafter
obtain the names and telephone numbers, text numbers, telephone facsimile (i.e., fax) numbers or email addresses of Applicant and certain other
people and entities including without limitation any spouse, co-applicant, child, dependent, parent, who may be occupying the Premises at any time
during the term of the Application (“Third Parties”) for use by Landlord and/or the Landlord Parties for various purposes, including without limitation
communication with Applicant and the Third Parties. Applicant agrees that Landlord or the Landlord’s Parties may obtain any such information from
time to time as part of communications of any kind (whether such communications are verbal, or written, through any website, by email or text, or
otherwise) from or with Applicant or any of the Third Parties or other persons or entities (collectively the “Applicant Provided Information”). Except
to the extent authorization is withheld by Applicant in Subsection (C) below, Applicant hereby permits and authorizes the Landlord and the Landlord
Parties to communicate with Applicant and the Third Parties for any purpose by any means whatsoever whether required or permitted pursuant to
this Application or otherwise using any contact information or other information in the Landlord’s possession however obtained, including without
limitation, Applicant Provided Information, the Applicant Fax Numbers (as defined below in Section (A)), and the Applicant Phone Numbers (as
defined below in Section (B)) (collectively the “Applicant Information”). Applicant hereby certifies, represents and warrants to Landlord and the
Landlord Parties that Applicant and the Third Parties are the recipients who will be receiving any such telephone calls, text messages, e-mails or
other communications, and that Applicant is authorized by the recipient or recipients of such communications to grant the above authorizations. If
there is any claim by Applicant, the Third Parties or any person based on any injury, loss, or damage which involves Landlord or Landlord Parties
contacting Applicant or the Third Parties, or any other person Applicant agrees to (1) defend Landlord and the Landlord Parties (for purposes of this
Communication Authorization Consent and Release, Landlord and the Landlord Parties are collectively referred to as “released parties”) against
such claims and pay released parties for all expenses relating to the claim and (2) indemnify and hold the released parties harmless for all obligations
resulting from such claims.
Without limiting any of the foregoing in this section, Applicant agrees as follows:
A) Consent to receive faxes: Applicant permits and authorizes Landlord and the Landlord Parties to send facsimiles to the Applicant and the
Third Parties to any fax number that Applicant or any of the Third Parties own, control, use, or are authorized to use whether included in the Applicant
Provided Information or the Applicant Information or otherwise (collectively herein the “Applicant Fax Numbers”). The subject matter and content
of such facsimiles may relate to any subject whatsoever, including without limitation the Landlord or any of the Landlord’s Parties or to any of their
respective facilities, goods and services, or solicitations and other advertisements of any kind or nature whether relating to the Landlord, the Landlord
Parties or otherwise. Applicant acknowledges that Applicant can revoke this consent at any time in Applicant’s sole and absolute discretion by giving
notice to the Landlord in the manner provided above in Section (a) or in the opt out notice contained on any such facsimile.
B) Consent for non-marketing calls/texts to cell and other phone number(s), pre-recorded calls/automated telephone dialing system:
Applicant expressly consents to allow the Landlord and the Landlord Parties, to call or send text messages, including pre-recorded calls or calls using
an artificial voice, or calls or text messages sent or placed using an automatic telephone dialing system, to the Applicant Phone Numbers (defined
below in this paragraph) for any calls or text messages which are non-marketing calls or text messages, including but not limited to calls and text
messages regarding payment of any sums due to Landlord or the Landlord Parties from Applicant or the Third Parties whether rent or other payments
due from Applicant to Landlord pursuant to this Application, or any payments relating to any credit/debit card, account or other payment authorization
for my account with Landlord or the Landlord Parties or otherwise . As used herein “Applicant Phone Numbers” collectively refer to the cell and
other phone number(s) Applicant provided as part of the Applicant Provided Information or which are otherwise included the Applicant Information
in Landlord’s possession, or any cell and other phone number(s) that Landlord or any of the Landlord Parties previously used to contact Applicant or
any of the Third Parties, or any additional cell and other phone number(s) Applicant provides to the Landlord or the Landlord Parties, or any cell and
other phone number(s) which are used or assigned to Applicant or any Third Party or for which Applicant or any third party is the owner or subscriber.
C) Consent for marketing calls/texts to cell and other phone number(s), pre-recorded calls/automated telephone dialing system: By
signing this Agreement, Applicant authorizes the Landlord and the Landlord Parties and their respective authorized vendors or agents acting on its
or their behalf, to deliver or cause to be delivered using an automatic telephone dialing system or any other method of telephone transmission, to any
or all of the Applicant Phone Numbers any pre-recorded calls or messages, and calls or text messages placed or sent using an automated telephone
dialing system, whether containing marketing or promotional material or information regarding the facilities, services or products of any of Landlord
or Landlord Parties or otherwise. Applicant acknowledges that Applicant is not required to provide this consent in order to lease the Premises from
Landlord or to purchase services or products of any of Landlord or Landlord Parties and that Applicant may withhold this consent in its sole
discretion by initialing the following box: [_____] I DO NOT AGREE TO PROVIDE THE CONSENT TO RECEIVE CALLS/TEXTS AS
SET FORTH ABOVE IN THIS SUBSECTION C [NOTICE: Unless initialed, Applicant gives the consent above in this Subsection C].
D) Applicant duty to advise Landlord regarding cell and other phone number(s): Applicant shall immediately give written notice to Landlord
if Applicant surrenders, or any Third Party surrenders, or Applicant is, or any Third Party is, no longer the subscriber and owner of any of the Applicant
Phone Numbers. Applicant agrees that Applicant shall be liable for any damages incurred by the Landlord and/or any of the Landlord Parties arising
from or related to Applicant’s failure to inform the Landlord that Applicant is, or any Third Party is, no longer (or never was) the subscriber and owner
assigned to any of the Applicant Phone Numbers.
E) Release of Claims Regarding Communications: Applicant releases the Landlord and the Landlord Parties harmless from any and all claims
under federal, state or local laws, including but not limited to claims under the Telephone Consumer Protection Act, which arise from or relate to any
fax, text message or call (including without limitation pre-recorded, using artificial voice, and live call and including calls and texts placed with an
automated telephone dialing system), which is sent or placed by or on behalf of the Landlord or the Landlord Parties, to Applicant or the Third Parties
whether using any of the Applicant Phone Numbers or otherwise. Applicant acknowledges that Applicant is not required to provide this release in
order to lease the Premises from Landlord or to purchase the services or products of any of Landlord or Landlord Parties and that Applicant may
withhold providing this release in its sole discretion by initialing the following box: [_____] I DO NOT AGREE TO PROVIDE THE RELEASE
OF CLAIMS AS SET FORTH ABOVE IN THIS SUBSECTION E [NOTICE: Unless initialed, Applicant gives the release above in this
Subsection E]. In the event this release is determined to be unenforceable, it shall be stricken and severed from this Application and the remainder
of the Application shall remain in force.
F) Notices: Without limiting any of the foregoing but subject to any withholding of authorization in (C) above, Applicant
hereby authorizes Landlord and the Landlord Parties to provide Applicant and the Third Parties with any notice, demand, requests and communications
from Landlord to the Applicant or the Third Parties whether pursuant to this Application or otherwise by any customary or reasonable method of
providing notice, demand, requests and communication, which methods include without limitation (i) those methods provided above in Section (a),
(ii) above by e-mail sent to the e-mail address included in the Applicant Provided Information or in Applicant Information, or by text messages to any
Applicant Phone Number, or by fax to any Applicant Fax Number. The date of service of any notice, demand, request or communication hand delivered
in person, sent by United States mail, or by FedEx or UPS or comparably reliable national air overnight courier service in the manner permitted above
in Section (a) shall be as provided above in Section (a) above. The date of service of any notice, demand, request or communication given by Landlord
to Applicant or the Third Parties by e-mail, text message, and fax shall be deemed to be the date transmitted by Landlord or the Landlord Parties.
DISPUTE RESOLUTION COVENANT.
THE DISPUTE RESOLUTION; MANDATORY ARBITRATION; CLASS ACTION WAIVER; LIMITATION ON TIME TO FILE CLAIMS
TERMS IN THIS SECTION 11 (COLLECTIVELY HEREIN "DISPUTE RESOLUTION COVENANT") CONTAINS AMONG OTHER THINGS
BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT AFFECT APPLICANT’S RIGHTS WITH
RESPECT TO CERTAIN DISPUTES BETWEEN APPLICANT AND ANY OF LANDLORD AND THE LANDLORD PARTIES (AS DEFINED
IN THE NOTICES; AUTHORIZATION AND CONSENT TO COMMUNICATE WITH YOU AND PROVIDE NOTICES, YOUR DUTY TO
UPDATE CONTACT INFORMATION AND RELEASE OF CLAIMS SECTION (a) ABOVE) AND THAT REQUIRE THAT CERTAIN DISPUTES
BE SUBMITTED TO INDIVIDUAL ARBITRATION RATHER THAN TO A JUDGE AND JURY IN COURT AND PROVISIONS THAT LIMIT
TIME TO FILE CLAIMS.
I. Dispute Resolution. Applicant and Applicant's heirs, executors, administrators, successors, and assigns ("Applicant Parties") and any of
Landlord and Landlord Parties (collectively “Covered Parties”), shall first attempt, in good faith, to resolve any Covered Claim (defined below in
this paragraph)informally between them, including without limitation considering any offers of settlement. Except for the Excluded Claims (as
defined herein),“Covered Claims” as used herein include without limitation all controversies, disputes, or claims, of any kind, including without
limitation those that could be filed in any court, between any of the Covered Parties, including without limitation any controversy, dispute, or claim
arising out of or in any way relating to the Application, the Premises, and/or the apartment complex, or Applicant’s presence on or occupancy of
the Premises and/or Applicant’s presence at or application to reside at or use of the apartment complex, and/or any act, event or omission done
or occurring at or in the Premises and/or at or in the apartment complex, or otherwise, or in any way arising out of the relationships between any
of the Covered Parties created through the Application or otherwise, including without limitation: (i) breach of contract claims; (ii) tort claims;
and (iii) claims for violation of any federal, state, or other government law, statute, regulation, or ordinance. The only claims between any of the
Covered Parties deemed not Covered Claims are: (i) claims attacking the validity of the waiver (see subsection III below), and (ii) claims which
are not subject to arbitration, or to pre-dispute arbitration agreements, pursuant to federal law, and (iii) Landlord claims to enforce its right to obtain
possession of the Premises by any lawful means including without limitation an unlawful detainer action (or any other similar proceeding with a
different name), whether following Applicant’s failure to timely pay rent and/or other amounts due pursuant to the Application from Applicant to
Landlord, or termination of the Application, or otherwise(collectively the “Excluded Claims”). If the Covered Parties are unable to resolve any
such Covered Claim within a reasonable time (not to exceed thirty (30) days), then the Covered Parties agree to use the arbitration procedures in
this Dispute Resolution Covenant instead of a trial in court before a judge or jury.
II. Mandatory Arbitration, Confidentiality (the provisions of this subsection II referred to as "Mandatory Arbitration Covenants”).
Other than as expressly provided in this Dispute Resolution Covenant, the Covered Parties agree that any Covered Claim that otherwise could be
raised in court shall be settled exclusively by binding arbitration rather than in court. This Mandatory Arbitration Covenants does not preclude any
Covered Party from filing a complaint with any governmental agency; however, it is the Covered Parties' intent that all claims between them covered
by this Mandatory Arbitration Covenants are to be resolved though binding arbitration to the fullest extent permitted by federal law (and state law
that is not preempted by federal law), not an administrative proceeding or court. However, if an arbitration award would be rendered ineffectual
without provisional relief including, but not limited to preliminary injunctions or temporary restraining orders, either party may request such
relief from a court of competent jurisdiction to preserve the status quo pending arbitration. Except as may be required by law, neither the Covered
Parties nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
III. Waiver of Multi-Plaintiff, Class, Collective and Representative Actions (for purposes of this Section Dispute Resolution Covenant, the provisions
of this subsection III are referred to as "waiver"). Except where prohibited by federal law, Covered Claims must be brought on an individual basis
only, and arbitration on an individual basis is the exclusive remedy for Covered Claims. No Covered Party may submit a multi-plaintiff, class,
collective, or representative action for resolution under this section or otherwise or for any Covered Claim or any other claim of any kind, and
no arbitrator has authority to proceed with arbitration on such a basis. Notwithstanding anything in the Application or this section, any disputes
concerning the validity of this multi-plaintiff, class, collective, and representative action waiver will be decided by a court of competent jurisdiction,
not by the arbitrator. In the event a court determines that this waiver is unenforceable with respect to any claim or portion of a claim, this waiver
shall not apply to that claim or portion of the claim, which may then only proceed in court as the exclusive forum.
IV. Authority to Determine Arbitrarily. Except as provided in subsection III above of this Section Dispute Resolution Covenant, the arbitrator shall
have the exclusive authority to resolve any dispute relating to the enforceability or formation of this Dispute Resolution Covenant, or any portion
or application of any of it (including all defenses to contract enforcement such as, for example, waiver and unconscionability) or the arbitrability
of any claim. Enforcement of this Dispute Resolution Covenant may not be precluded or delayed on the grounds that (1) any Covered Party is a
party to a pending court action or special proceeding with a third party arising out of or resulting from the same transaction or series of related
transactions,or (2) a Covered Party asserts arbitrable and non-arbitrable claims.
V. Procedures. The demand for arbitration must be in writing. To initiate arbitration, Applicant and Applicant Parties must deliver the written
demand to the Landlord and Landlord Parties at Route 30, 47W210, Big Rock, Illinois 60511, Attn: Legal Department or to the Complex office
address on the first page of this Application, manager to give Landlord and/or the Landlord Parties the opportunity to resolve the dispute internally.
For the Landlord or the Landlord Parties to initiate arbitration, written demand for arbitration must be delivered to Applicant or Applicant Parties
at the last known address for Applicant recorded in Landlord's records. The party initiating arbitration also must, within the limitations period
(discussed below), submit the written demand to the arbitration service that will administer the claim (as explained below). The Landlord shall pay
all arbitration fees and costs that would not be incurred in a court proceeding (for example, the arbitrator's or the arbitration administration fees).
The arbitration shall be before a single neutral arbitrator. The arbitration will be an individual arbitration and shall in no event be commenced as
a multi-plaintiff class, collective, or representative arbitration. Unless the parties otherwise agree, the American Arbitration Association (“AAA”)
shall administer the arbitration and the hearing shall take place in the county in which the dispute arose. The American Arbitration Association's
Consumer Arbitration Rules (“AAARules”), or the consumer rules of the arbitration service used, shall govern the arbitration proceedings, but
to the extent the rules conflict with this section, the provisions of this section shall apply. Applicant may obtain a copy of the AAARules before
signing the Application at www.adr.org or by contacting the AAA directly (toll-free 800-778-7879). Consistent with the expedited and streamlined
nature of arbitration contemplated hereby, each party shall have the right to conduct discovery adequate to fairly present the claims, counterclaims
and defenses and, in furtherance thereof, upon the written request of a party, the arbitrator may direct the ether party to provide the requesting
party with copies of documents relevant to the issues raised by any claim, counterclaim or defense or on which the producing party may rely in
support of or in opposition to any claim, counterclaim or defense, with due regard for eliminating undue burden and expense and the expedited
and lower-cost nature of arbitration. The arbitrator shall exclude, from discovery, documents, and, from arbitration proceedings, evidence, that
the arbitrator decides is cumulative or not relevant. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the
arbitrator. The arbitrator shall apply the substantive law relating to all claims and defenses to be arbitrated in the same manner as if the matter had
been heard in court, including the award of any remedy or relief on an individual basis and any award of costs and attorneys' fees to the prevailing
party. Otherwise, the parties shall each bear their own costs and attorneys' fees. Unless otherwise permitted by applicable law, the costs unique to
arbitration (for example, the arbitrator's or the arbitration administration fees) will not be shifted to Applicant. The arbitrator's award shall be in
writing, with factual findings, reasons given, and evidence cited to support the award. Any authorized decision or award of the arbitrator shall be
final and binding on the parties. Any court of competent jurisdiction may enter judgment upon the award, either by (i) confirming the award or
(ii)vacating, modifying, or correcting the award on any ground permitted by applicable law.
VI. Time to file limitation. IMPORTANT - LIMITATION ON TIME TO FILE CLAIMS - PLEASE READ THE FOLLOWING PARAGRAPH
CAREFULLY BEFORE SIGNING. The Covered Parties agree that any claim covered by this Dispute Resolution Covenant must be filed no more
than twelve (12) months after the date of the action or incident that is the subject of the claim. Applicant understands that the statute of limitations
for claims arising out of a contract, tort or statutory action may be longer than twelve (12) months and agrees to be bound by the twelve (12) month
period of limitations. THE COVERED PARTIES WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY. This paragraph does not
limit the time period for bringing an Excluded Claim.
VII. Governing Law, Consideration, Severability, Survival, Final Agreement, Acknowledgment. The Federal Arbitration Act (9 U.S.C. Sections
1, et seq.) ("FAA") shall govern this Dispute Resolution Covenant. State arbitration statutes shall apply only to the extent they are not preempted
by the FAA. The Parties agree that the mutual promises in the Application and the mutual promises to arbitrate Covered Claims serve as adequate
consideration. To the extent permitted by applicable law, mutual covenants in the Application and this section, Applicant's right to the benefits set
forth in the Application and this section, and the Landlord's agreement to pay all fees and costs unique to arbitration (for example, the arbitrator's or
the arbitration administration fees) each serve as additional consideration. If any part of this Dispute Resolution Covenant is held to be invalid, void,
or unenforceable, it shall be interpreted in a manner or modified to make it enforceable. If that is not possible, it shall be severed and the remaining
provisions of this Dispute Resolution Covenant shall remain in full force and effect. This Dispute Resolution Covenant shall survive any termination
of the Application. This Dispute Resolution Covenant sets forth the final agreement of the parties regarding dispute resolution and supersedes all
prior negotiations, representations or agreements, whether written or oral, pertaining to arbitration of claims covered by this Dispute Resolution
Covenant. BY SIGNING THE APPLICATION AND SIGNING THIS DISPUTE RESOLUTION COVENANT, APPLICANT ACKNOWLEDGES
THAT IT RECEIVED AND READ OR HAD THE OPPORTUNITY TO READ THIS DISPUTE RESOLUTION COVENANT. APPLICANT
UNDERSTANDS THAT THIS DISPUTE RESOLUTION COVENANT REQUIRES THAT, AMONG OTHER THINGS, DISPUTES THAT
INVOLVE THE MATTERS SUBJECT TO THIS DISPUTE RESOLUTION COVENANT BE SUBMITTED TO INDIVIDUAL ARBITRATION
PURSUANT TO THIS DISPUTE RESOLUTION COVENANT RATHER THAN TO A JUDGE AND JURY IN COURT.