Unassociated Document


    
      Exhibit
10.5

       

      Tenant
Agreement | WECOSIGNTM

    

    


     

    Tenant
Agreement

    


    


    Thank you
for participating in the WECOSIGN
TM  program created by WECOSIGN TM Inc (the
“Company”).  This Agreement (this “Agreement”) sets forth the terms
and conditions of your relationship with the company, and your and their
respective obligations. The parties to this Agreement are:

    


    (a) The
Company;

    (b) You,
the undersigned Tenant; and

    (c) If
applicable, the undersigned Responsible Party (the “Responsible
Party”).

    


    In this
Agreement, the terms “you”, “your”, “me”, “I”, “my” and “mine” refer to you, the
undersigned Tenant. This Agreement applies to the Lease

    


    PLEASE
ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE FOLLOWING IMPORTANT TERMS BY
SIGNING THE SIGNATURE PAGE.

    


    I
understand that this Agreement and the issuance of the Rental Payment Guarantee
(as defined below) will not under any circumstance relieve me of my obligation
to pay rent for the Residential Property, and will not protect me from or
prevent an eviction if I do not pay my rent.

    


    I
understand that if I do not pay my rent, or meet my other obligations to the
Landlord (as defined below); the Landlord may make a claim under the Rental
Payment Guarantee.  If such a claim is paid by  WECOSIGN TM , I agree
that I will reimburse WECOSIGN TM for all amounts that  WECOSIGN TMhas
paid to the Landlord as a result of a claim made under the Rental Payment
Guarantee . WECOSIGN TM has the right to sue me to collect those amounts, and I
will be obligated to pay reasonable attorneys fees and all costs and expenses
incurred by  WECOSIGN TM to collect those amounts. I understand that I
have waived my right to a jury trial in any such lawsuit, and as a result, I
will not be entitled to a jury trial in any such lawsuit. I also certify that I
have had independent legal counsel review this agreement on my
behalf.

    


    I
understand that the guarantee provided by WECOSIGN
TM  is solely for the benefit of the Landlord and that I have no
right to seek any benefits from or payments under the Rental Payment Guarantee
..

    


    I
understand that WECOSIGN TMis not my
agent or representative, and WECOSIGNTM is not acting
on my behalf, except that of a cosigner and or guarantor that will allow me to
occupy an apartment or rental residential dwelling that I would not ordinarily
qualify for on my own.

    


    


    RECITALS

    


    
      	
               
      

            	
              A.

            	
              I
      would like to enter into a lease for a Residential Property, but have been
      informed by the property owner (the “Landlord”) that I do not meet the
      Landlord’s qualifications for a
lease;

            


    

    
      	
               
      

            	
              B.

            	
              I
      understand that I will qualify to enter into a Lease for the Residential
      Property (the “Lease” if my performance under the Lease is guaranteed by a
      third party acceptable to the
Landlord;

            


    

    
      	
               
      

            	
              C.

            	
              I
      would like to purchase WECOSIGN’sTM
      program guarantying my performance under the terms of the
      Lease;

            


    

    
      	
               
      

            	
              D.

            	
              I
      have submitted an application to purchase the services of WECOSIGNTM (“the
      Company”), and have been notified by WECOSIGNTM that my
      Application has been approved.

            


    

    


    
      
         

      

      
        1

        
          

        

      

      
         

      

    

    


    TERMS AND CONDITIONS OF THIS
AGREEMENT

    


    In
consideration of the payment (as defined in Section 3 below), and the mutual
promises and covenants set forth herein, the parties agree as
follows:

    


    
      	
               
      

            	
              1.

            	
              Rental
      Payment Guarantee .  WECOSIGN TM agrees that upon
      my

            


    

    


    
      	
               
      

            	
              a.

            	
              payment

            


    

    
      	
               
      

            	
              b.

            	
              entering
      into a Lease with the Landlord and making any required payments in
      connection with including but not limited to payment of the first month’s
      rent or a security deposit),  WECOSIGN TM will issue a Rental
      Payment Guarantee certificate to the Landlord guaranteeing my performance
      under the terms of the Lease.

            


    

    


    
      	
               
      

            	
              2.

            	
              Accuracy
      of Information. I represent and promise
  that

            


    

    
      	
               
      

            	
              a.

            	
              all
      information that I provided to WECOSIGN TM in the Application continues to
      be true and   complete, I agree that any intentional or
      false information given is ground  for refusal of my
      application.

            


    

    
      	
               
      

            	
              b.

            	
              I
      will immediately notify the Company if as a result of subsequent events
      any of the information   I provided to the Company in the
      Application ceases to be true or
complete.

            


    

    


    
      	
               
      

            	
              3.

            	
              Obligation to Pay
      WECOSIGNTM.

            


    

    


    
      	
               
      

            	
              A.

            	
              The
      Application fee is non-refundable.

            


    

    


    
      	
               
      

            	
              B.

            	
              The
      monthly fee is due upon the signing of the Lease and continues for eleven
      months (due on the 1st
      of each month). This fee is exclusive of security deposits and any other
      fees and charges and is not intended as, nor is it to be construed as, a
      payment to the Landlord, and is not considered a payment of rent or other
      consideration to the Landlord.

            


    

    


    
      	
               
      

            	
              4.

            	
              Obligation
      to Pay the Landlord. I
      UNDERSTAND, AND EXPRESSLY AGREE AND
      ACKNOWLEDGE, THAT ANY ASSISTANCE 
      PROVIDED TO ME BY THE
      LANDLORD IN
      CONNECTION WITH MY PURCHASE OF THE RENTAL
      PAYMENT GUARANTEE FROM
      WECOSGINTM, 
      DOES NOT IN ANY WAY RELIEVE ME OF ANY OF MY OBLIGATIONS TO MAKE
      PAYMENTS
      DIRECTLY TO
      THE LANDLORD UNDER  THE 
      LEASE.  Specifically with respect to rent, during the
      term of this Agreement I understand and agree that I am obligated to pay
      rent to the Landlord pursuant to the terms of the Lease, and that nothing
      contained herein or in the Rental Payment Guarantee is intended to excuse
      me, or is to be construed as excusing me, from my rent obligation under
      the Lease. I acknowledge that the WECOSIGN
      TM  is not a party to the Lease, and that I negotiated the
      terms of the Lease directly with the Landlord, and that WECOSIGN
      TM  was not party to the negotiations or the
      Lease.

            


    

    


    
      	
               
      

            	
              5.

            	
              Nature
      of Rental Payment Guarantee . I acknowledge and agree that the
      Rental Payment Guarantee is purchased for the benefit of the Landlord that
      allows me to qualify to enter into the Lease. I further acknowledge and
      agree that I have no rights or obligations under the  Rental
      Payment Guarantee . I expressly acknowledge and agree that I am not a
      third-party beneficiary, or any other type of beneficiary with standing or
      capacity to receive any benefits under the Rental Payment Guarantee . In
      order to induce WECOSIGN TM to
      enter into this Agreement, I agree that I will not, under any
      circumstance, claim any benefit under the Rental Payment Guarantee
      .

            


    

    


    
      
         

      

      
        2

        
          

        

      

      
         

      

    

    
      	
               
      

            	
              6.

            	
              Reimbursement
      Obligation. I understand
      that if I fail to meet certain obligations under the Lease, the Landlord
      will have the right to make a claim under the Lease Payment Guarantee.
      For each payment paid by the Company, I will immediately reimburse the
      Company for the amount of the payment paid to the Landlord under the
      Rental Payment Guarantee . I understand and agree that my obligation to
      reimburse the Company in the event a payment is paid is entirely
      independent of any rights or obligations I may have under the Lease.
      Within ten (10)
      Days of the mailing of a written demand for reimbursement by or on behalf
      of the WECOSIGN
      TM, I will immediately reimburse  WECOSIGN TM for
      all amounts paid by WECOSIGN TM to the
      Landlord  (the “Reimbursement Payment”). Any demand for
      reimbursement will be mailed to me via overnight delivery service at the
      address set forth below (or to any other address that the Company or its
      agents may have in its records for me). In the event that I fail to make
      the Reimbursement Payment,  WECOSIGN TM will
      have the right to commence a lawsuit against me and may recover the amount
      of the Reimbursement Payment plus all reasonable attorneys’ fees and costs
      of  collecting the Reimbursement
  Payment.

            


    

    


     I AGREE
THAT

    


    (A) SERVICE OF PROCESS IN
ANY LAWSUIT TO COLLECT
THE  REIMBURSEMENT  PAYMENT  MAY BE MADE BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED OR OVERNIGHT DELIVERY (AT THE COMPANY’S
SOLE OPTION) TO THE ADDRESS FOR NOTICES SET FORTH, AND

    


    (B) I HEREBY WAIVE THE RIGHT
TO  A JURY TRIAL IN ANY SUCH LAWSUIT.

    


    
      	
               
      

            	
              7.

            	
              Responsible
      Party. By signing the attached signature page, the Responsible
      Party agrees
      to be jointly and severally liable with me, the undersigned Tenant, for
      any and all economic
      obligations set forth in this Agreement. The Responsible Party agrees to
      the terms and conditions set forth in paragraph “6” above regarding any
      demand for reimbursement ,including but not limited
    to

            


    

    

    

    (a) the
obligation to pay the Company’s attorneys fees and expenses,

    (b)
accepting service of process by certified mail, return receipt requested
by overnight
delivery service in the event a lawsuit is filed

    (c)
waiver of the right to a jury trial.

    


    
      	
               
      

            	
              8.

            	
              Co-Tenants.
      If I am sharing the Apartment with one or more co-tenants, I understand
      and agree that the Company will be able to seek the full performance of
      all obligations under the Lease and this Agreement from me, even if a
      co-tenant may be responsible for a failure to perform any Lease obligation
      or payment obligation under this
Agreement.

            


    

    


    
      	
               
      

            	
              9.

            	
              Books
      and Records. Promptly upon receipt of a written request by the
      Company, I will provide copies of all documents concerning the Lease to
      the Company, including but not limited to documents related to rent,
      security deposit, and physical damage payment records and correspondence
      with the Landlord.

            


    

    


    
      
         

      

      
        3

        
          

        

      

      
         

      

    

    
      	
            	
              10.

            	
              Term. This Agreement and the
      coverage described in the Rental Payment Guarantee will not under any
      circumstance apply to any extensions of the term of or renewals of the
      Lease. In the event that the Lease is terminated by the Landlord prior to
      its expiration for any reason, neither I, the undersigned Tenant, nor the
      Responsible Party will be entitled to any refund or rebate of the fee,
      unless otherwise required by law. The reimbursement obligation set forth
      in paragraph “6” above will survive any expiration of this
      Agreement.

            


    

    


    
      	
            	
              11.

            	
              Notices.
      Notices by any party to any other party may be delivered by hand, by
      certified mail, return receipt requested, or by overnight delivery
      service, at the addresses stated
below.

            


    

    


    
      	
            	
              12.

            	
              Acknowledgement. As a material
      inducement to WECOSIGN TM, I
      acknowledge and represent that I am entering into this Agreement of my own
      free will, without coercion or any undue influence of any type whatsoever.
      After reviewing this Agreement and the Rental Payment Guarantee , and
      taking all relevant factors into consideration, along with consulting
      independent legal advice I have decided to enter into this Agreement so
      that I may qualify to lease the Residential Property and WECOSIGN TM has
      not participated in or influenced that decision in any
  way.

            


    

    


    
      	
            	
              13.

            	
              Governing
      Law. This
      Agreement will be interpreted in accordance with the laws of the State of
      California, without regard to principles of conflicts of
    law.

            


    

    


    
      	
            	
              14.

            	
              Miscellaneous. Any amendments or
      modifications to this Agreement will only be effective if they are in
      writing and signed by the person against whom enforcement of the amendment
      or modification is sought. No oral modifications or waivers of any of the
      requirements of this Agreement will be
  effective.

            


    

    


    
      	
            	
              15.

            	
              Partial
      Invalidity. If any
      provision in this agreement is held by a court of competent jurisdiction
      to be invalid, void, or unenforceable, the remaining provisions shall
      never the less continue in full force and in effect without being impaired
      or invalidated in any way.

            


    

     

    
      	
            	
              16.

            	
              Payment  I
      hereby authorize WECOSIGN TM its
      agents or assigns, the authority to deduct any initial fees due the
      company including but not limited to monthly service payments from my ;
      credit card, check card, or checking account that they now have on file.
      Should any one of these payment instruments become void, invalid or
      dishonored, I realize that I will be in default of my obligatory payments.
      Should I become re-instated at the option of the company, I agree to be
      responsible for any additional “actual charges” that the company incurs as
      a result of any credit card or check processing back
    charges.

            


    

     

    
      	
            	
              17.

            	
              This
      agreement is not Insurance  I fully understand that this
      tenant agreement or the Rental Payment Guarantee is not held out, nor is
      it represented in any language or kind as an insurance policy on goods,
      property, damages, casualty, comprehensive, autos, trailers , rents, boats
      malicious mischief, acts of God or floods. This agreement is not to be
      interpreted (express or implied) in any way that could be interpreted as
      an insurance policy under any law. This agreement does not provide
      unemployment coverage’s and is an instrument of guarantee (co-signing) for
      the applicant’s rent, and the tenants rent only, subject to the default
      terms and conditions of the Rental Payment
  Guarantee.

            


    

    


     

    Booklet Number ;
2536  Dated September 2008

    COPYRIGHT 2008 WECOSIGN INC
ALL RIGHTS ARE RESERVED

    


    
      
         

      

      
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    # End
#

     

    SEE  APPLICATION  PAGE  FOR
TENANTS  SIGNATURES

     

    


     

    


     

    


     

    


     

    WECOSIGNTM

     

    www.wecosign.com

     

    714-556-6800

     

    ©2008
All rights are reserved

     

    


     

    


     

     

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