AGREEMENT OF LEASE

57 MATUMI SANDS
THE STRAIGHT
LONEHILL
1OHANNESBURG
,3,02039

2





AGREEMENT OF LEASE


Made and entered into by and between:

_____________________________________________________________________


_____________________________________________________________________


TEL____________________________FAX_________________________________


D NUMBER:__________________________________

Hereinafter with his successors in title, administrators and assigns referred to as the
"Lessor"

And

_____________________________________________________________________


_____________________________________________________________________


TEL____________________________FAX_________________________________


D NUMBER:__________________________________

Hereinafter with its successors in title, referred to as the "Lessee

WHEREAS the Lessor wishes to lease the property referred to in clause 1 below to the
Lessee who wishes to hire the said property from the Lessor.


NOW THEREFORE THESE PRESENT WITNESS:


The Lessor hereby lets to the Lessee, who hereby hires from the Lessor certain
property described as MATUMI SANDS, THE STRAIGHT, LONEHILL,
Johannesburg together with the outbuildings thereon.

2. The lease shall commence 01/1/2011 and shall terminate on 31/10/2012 The lease
may be renewed for a further fixed period, on the same terms and conditions
contained in this lease save that there shall be no further right of renewal, and the
rental shall be determined and increased in accordance with the escalation as

,3,02039
3
referred to in clause 3. The Lessee shall request such extension no later than
31/08/2012 for consideration by the Lessor who shall express its verdict by
30/09/2012.



3. The rental payable under the lease shall be the sum of R600.00 (SIX
THOUSAND FIVE HUNDRED Rand) per month, (excluding any
housekeeping service, electricity and DSTV purchase, installation and
monthly installment as per clause 7), escalating at 10% per annum on the
anniversary of the commencement date of the lease agreement. The rent is
payabIe monthIy in advance on the 1
st
day of each and every month of
this lease and any extension thereof without any deduction whatsoever to the
Agent by direct debit order to the bank account
ACCOUNT _____________
BANK _____________
BRANCH _____________
CODE _____________
ACCOUNT NO. _____________
or to such other account as the Lessor may specify from time to time.


4. Payments of rentals received after the 7
th
day of the month shall be subject to a
surcharge of R 500-00 per month to cover collection fees and/or additional
administration costs. The Lessee shall on demand pay such surcharge to the
Lessor or to the Estate Agent, acting on behalf of the Lessor.

5. Notice of extension of the Agreement of Lease, as stated in clause 2 above shall be
given by the Lessee at least two months (2) before the end of the fixed period of the
lease being 31/08/2012, failing which the lease shall ipso facto lapse.

6. The Property shall be used for residential purposes only and for no other purpose
whatsoever. The Lessee shall not cause or permit any disorderly conduct of what so
ever nature upon the Property, nor permit the doing of any matter or thing in or about
the Property which shall constitute or cause a nuisance or any inconvenience to the
neighbors or any other person or persons.

7. The Lessee shall not cede or assign this lease, either in whole or in part, nor sublet
the Property or any portion thereof without the prior written consent of the Lessor,
which shall not be unreasonably withheld. Throughout the subsistence of this lease,
the Lessee shall pay for all electric current consumed or utilized upon the property
and for telephone installation, rental and monthly telephone account (if any). The
Lessee is responsible for the purchase and payment of the DSTV modem, installation
and monthly installment, if so required. The Lessee undertakes to pay all Local
Authority accounts promptly, and where necessary, provide proof of payment to the
Lessor.

8.
8.1 The assessment rates levied by the Local Authority, or such other relevant
Authority (monthly levies), shall be paid by the Lessor without reference to the
Lessee.
8.2 Electricity and water bills are to be paid by the Lessee on demand. LW GRAY
(KNG'S Estate) will not be held responsible for arrear accounts. Any unpaid
accounts from the Local Authorities may be deducted from the deposit held in
trust by the Agents.

9. The Lessee shall not bring, nor permit to be brought upon the Property, any goods,
furniture or effects which may, by their nature, increase the rate of insurance
premiums or vitiate the fire insurance policy or which may be impregnated by any
woodborer, termites or any other wood insect of any kind.

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10. The Lessee shall strictly observe all Government, Provincial and Municipal laws, by-
laws and regulations applicable to the Property and the conditions of title of the
Property.

11. The Lessor shall be responsible for maintaining the main walls, roof or other
structural parts of the Property in good order and repair. Should the main walls, roof
or other structural parts of the Property be, or become, in a defective condition
resulting in such consequences as leakage or danger to the Lessee, then it shall be
the obligation and duty of the Lessee to advise the Lessor of such defective condition
in writing, and the Lessor shall take steps to have the defective conditions rectified
without delay. Should the Lessor fail to have these conditions rectified within 21 days
(or such further period as may be reasonable in the circumstances), if being called
upon to do so by the Lessee, then the Lessee may, after notifying the Lessor, carry
out such repairs at the expense of the Lessor. Such expense shall be repaid by the
Lessor to the Lessee within 7 days of demand.

12. The Lessee hereby acknowledges that the Property is in good order and condition
and that all keys, locks, glass windows, electrical installations and other
appurtenances and carpeting are likewise in good order and condition. The Lessee
hereby agrees and undertakes to keep and maintain the Property in good order and
condition and in a clean, sanitary and tenantable condition during the currency of this
lease and any renewal thereof and undertakes that at the termination of the lease, it
will return and deliver the Property and all contents thereof to the Lessor in like good
order and condition, fair wear and tear only accepted. The keeping and maintenance
of Property and all contents thereof in good order doors, windows, oven and stove,
electric bulbs and connections, taps, drains and other fittings. Should it be found by
the Lessee, after taking occupation of the property, that there are items that are not in
good order and condition, then the Lessee shall notify the Lessor of such other items
within thirty (30) days of the commencement of this lease and the Lessor shall effect
the necessary repairs without delay, failing which such items shall be deemed to have
been handed over in complete good order and condition.

13. The Lessee hereby undertakes in no manner whatsoever to interfere with the present
electrical installations on the Property without the prior consent of the Lessor which
consent shall not be unreasonably withheld and shall affix or connect no electrical
lamps, motors or heaters other than those designated for use for the electrical current
supplied to the premises. Damage done to such electrical installations by "short
circuits shall be made good by the Lessee.

14. The Lessee shall not drive or permit to be driven any nails or screws into the wall or
ceilings of the Property in such manner as may be calculated to damage the walls
and ceilings or any portion of the Property.

15. The Lessee shall not cause or permit any alteration, additions or improvements to the
Property without obtaining the prior approval of the Lessor in writing, whose approval
shall not be unreasonably withheld. Should the Lessee cause or permit any
alterations, additions or improvements to the Property, structural or otherwise, without
the prior consent of the Lessor, he shall in any event receive no compensation
thereof and the Lessee shall be obliged to remove same immediately upon the
request of the Lessor or leave same should the Lessor so require becoming the
Property of the Lessor.

16. The Lessor shall insure and keep insured to the full value thereof, the Property
against risk or damages by fire, storm, riot, civil commotion, theft and robbery or
accident, but the Lessee shall be responsible, if he so desires, for effecting in his own
name a Household Comprehensive or other policy or policies to cover the personal
effects upon the premises and shall pay the premiums in respect thereof. The Lessor
shall not be responsible for any loss or damage or any personal injury suffered by the
Lessee or any of its employees occupying the Property of his family or invitees, on
the Property, irrespective of whether such loss or injury is caused by fire, storm, riot,
civil commotion, theft, robbery, accident or any other cause whatsoever.

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17. The Lessor or his agent shall be entitled at all reasonable times upon reasonable
notice to enter the Property to inspect the condition thereof and with his workmen,
agent or others to execute such repairs to the Property, both external and internal, as
shall be compatible with the proper repair and upkeep of the Property.

18. The Lessee shall be liable for any damage done to the Property or any part thereof by
reason of any of its employees causing such damage by moving furniture or other
things to or from the Property.

19. The Lessee shall not keep any household pets of whatever nature in or on the
Property without the prior consent of the Lessor, which shall not be unreasonably
denied.
20.
The lessee shall, on signature hereof, pay a deposit of R600.00 plus the rent for the
first month which shall be deposited with The Owner which is held in trust for the
benefit of the Lessor as the sole stakeholder, pending the commencement of the
lease. By commencement date of the lease, LW GRAY (KNG'S Estate) shall pay the
rent for the first month of the lease, less the agency commission to the Lessor. Such
payment shall be made without reference to the Lessee and irrespective of whether
or not the Lessee takes occupation simultaneously or at all. The deposit sum shall be
held by the The Owner in an interest bearing account against the eventuality of
damage to the Property, by the Lessee or any of his employees. The deposit amount
plus interest thereon for the period, shall be refunded to the Lessee by the Lessor
within thirty (30) days of the termination of the lease in full, should the whole or part
thereof not be required by the Lessor to meet the obligation of the Lessee under the
lease, including the cost of any repairs to and cleaning of the Property considered
reasonably necessary by the Lessor after vacation thereof by the Lessee.

21. The Lessee shall not, under any circumstances, be entitled in the final month of
tenancy to withhold payment of the rent or portion of the rent for the final month and
to set off such payment against any deposit which the Lessee may have paid in terms
of this lease.

22. Should any party ("defaulting party) commit a breach of any of the provisions hereof,
then the other party ("the aggrieved party) shall, if it wishes to, enforce its rights
hereunder, be obliged to give the defaulting party fourteen (14) days written notice to
remedy the breach. f the defaulting party fails to comply with such notice, the
aggrieved party shall be entitled to cancel this agreement against the defaulting party
or to claim immediate payment and/or performance by the defaulting party of all the
defaulting parties obligations whether or not the due date for payment and/or
performance has arrived, in either event without prejudice to the aggrieved parties
right to claim damages. The aforementioned is without prejudice to such other rights
as the aggrieved party may have at law.

23. Without prejudice to any rights which the Lessor may have in terms of this lease,
should the Lessee fail to pay any amount of whatever nature due by the Lessee in
terms of this lease on the due date thereof, then the Lessee shall pay interest on
such amount at the prime overdraft rate charged by commercial banks from time to
time from the date that such amount became due and payable up to and including the
date of payment thereof, and such interest shall be paid together with the amount in
respect of which such interest has accrued.

24.
24.1 t is recorded that the conclusion of this lease has been brought about through
the agency of LW GRAY (KNG'S Estate). The Lessor undertakes to pay the said
agency commission at the agreeable amount R320.00 (THREE THOUSAND
TWO HUNDRED AND FIFTY RAND). Such commission shall be deemed to
have been earned upon the signature of this lease by both parties. Such
commissions shall also be paid to the agency the Lessor on any extension(s) of
the fixed period of this lease.


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24.2 ShouId the Lessor require the Agent to mange the Property, the Lessor
agrees to pay the Agent a management fee of commission per month for the
lease. The Lessor further agrees not to terminate the Agent's appointment during
the currency of this lease. The Lessor further agrees to the commission that
would be due to the agent for any remaining period of the lease during which the
Agent is not required to collect the rent calculated on the basis of the
aforementioned tariff.

n cases where the Lessor collects his own rent he hereby agrees to pay the
Agent a letting fee in terms of the abovementioned tariff. The aforesaid tariff shall
also apply in the event of any renewal or option. Should the Lessee vacate the
Property for any reason whatsoever within the lease period, the Lessee shall be
liable for all costs including Agents fees to replace a suitable tenant.

25. Any notice required to be given under this lease, shall be sent in writing to the Lessor
C/o King's Estate's
12 HoneybaII ave
Discovery
109
or to such address as the Lessor may stipulate in writing from time to time, and to the
Lessee at

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

or to such other address as the Lessee may stipulate in writing form time to time, at
which addresses they respectively choose "/omicilium citan/i et executan/i . Any
notice to be given by either party to the other, shall be of no force or effect unless
sent by prepaid registered post

26. The Lessor shall have the right of affixing and exhibiting on the premises either "For
Sale or "To Let notices for a period of three (3) months prior to termination of such
period of extension as may be agreed to in terms of clause 2 and 4. During the
quarter prior to termination of the agreement or any extension thereto as detailed
above, the Lessee hereby undertakes to permit prospective tenants or purchasers to
view the Property and the interior thereof during reasonable hours and in the course
of one show house per month in the first notice month and two show houses per
month in the second and third notice months and the Lessee shall not hinder nor
impair the Lessor nor his agents in the conduct of discussion or negotiations with
prospective tenants or purchasers, with a view to a further lease or sale.

27. The Lessor hereby warrants that he is legally entitled to let the Property to the Lessee
by virtue of the fact that he is the registered owner of the Property or is about to
become the registered owner thereof.

28. t is recorded and agreed upon between the parties that the obligation of the said
Agency shall terminate once the lease has been signed by both the parties, monies
referred to in clause 20 have been paid to the Lessor, and that there is no obligation
or duty upon the said Agency to ensure that any payments to be made by the Lessee,
under this lease are, in fact, made by the Lessee, unless it shall have been
specifically agreed upon, in writing, between the Lessor and the said Agency that the
Agency be appointed by the Lessor to manage and administer the Property.

29. The Lessor agrees that should a sale be concluded between the Lessor and the
Lessee, the Lessor shall be obliged to pay Agency commission resulting from such
sale to LW GRAY (KNG'S Estate). Such commission shall be calculated at the
recommended tariff as set out by the nstitute of Estate Agents in accordance with the
sale price and shall become due and payable upon conclusion of the said agreement
of the sale.

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30. f the Property is at any time damaged otherwise than by the Lessee to the extent that
they are entirely uninhabitable, this lease shall terminate immediately, unless the
parties otherwise agree in writing, and the Lessee shall be entitled to a proportionate
refund of any rent paid in respect of any period after such termination.

31. f the Property is at any time damaged to the extent that they are partially
uninhabitable, the Lessor shall repair the damage without undue delay and the
Lessee shall be entitled to a proportionate reduction of rent according to the period
during which, and to the extent to which, the Lessee shall be deprived of beneficial
occupation.

32. Any dispute between the parties as to any matter referred to in clause 30 and 31,
shall be determined by a mutually agreed, independent professional acting as an
expert whose decision shall be binding on both parties.

33. The reasonable costs of the preparation of this lease, the copying thereof and the
stamp duty payable thereon, shall be borne and paid for by the Lessee upon demand.
The Agent shall provide the Lessee with receipts setting out the costs of R00.00
(FIVE Hundred Rand) incurred in general administration, preparing the lease,
copying the lease and the stamp duty thereon.

34. The Lessee undertakes to abide by the Conduct Rules of the Body Corporate.

35. The Lessor undertakes to have the Property fully cleaned, which includes all the
carpets, windows, kitchen, bathrooms, cupboards etc. prior to the tenant's
occupancy. All wall surfaces shall be made good.


36. GENERAL

36.1 The parties agree to the jurisdiction of the Magistrates Court in connection
with any action or suit arising from this Agreement or the cancellation thereof.

36.2 Should two or more persons sign this Agreement as Lessors or Lessees, the
said persons shall be liable in soli/um for the due performance of their
obligations in terms of this lease.

36.3 This Agreement constitutes the sole and entire agreement between the
parties and no warranties, representations, guarantees or other terms and
conditions of whatsoever nature not contained herein shall be of any force or
effect.

36.4 No variations of the terms and conditions of this Agreement or any
consensual cancellation thereof shall be of any force or effect unless reduced
to writing and signed by the parties or their duly authorized agents.

36.5 No indulgence which either party (Athe grantore) may grant to the other (Athe
grantee) shall constitute a waiver of any rights of the grantor who shall not
thereby be precluded from exercising any rights against the guarantee which
may have arisen in the past or which might arise in the future.

36.6 The Lessor hereby warrants that all consents required in terms of the
Matrimonial Property Act 88 of 1984 have been duly furnished.

36.7 This Agreement shall be duly concluded upon signature thereof by the Lessor
and the Lessee, without it being required that the fact of the Lessor's
signature be communicated to the Lessee.

36.8 The Lessee undertakes at his expense to keep the grounds of the Premises
in a neat and tidy condition and free from all weeds and to maintain the
existing gardens and lawns, if any, in good condition and properly watered.
n the event of a swimming pool or tennis court or any other amenity being
situated on the Premises, the Lessee shall maintain and keep same in proper
8
working order and in a fit and proper state to the satisfaction of the Lessor or
any person duly authorized by him thereto.
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3 ADDITIONS TO CLAUSES:


37.1 The tenant is to take good care of the house in question. t must be explicitly stated
that the house will be rented and this agreement is hinged on the condition that the
unit, it's content and structures and the like, be taken care of in a manner that is
becoming of the owner himself.

37.2 King's Estates undertakes to do a tri-monthly inspection of the house upon
agreement with the tenant and such feedback is to be given to the owner within 7
days of the inspection in writing. This management facility is to be at no extra cost to
the owner whatsoever.







King's Property

Tel: 076 341 3461
Fax: 088 011 672 8622

Kingsprop2010gmail.co.za


THUS DONE AND SIGNED BY THE LESSEES AT _______________________

on this the _____ day of ______________ 2011

in the presence of the undersigned witness



__________________________ _______________________________

WITNESS LESSEE




THUS DONE AND SIGNED BY THE LESSOR AT________________________

on this the____ day of______________________2011

in the presence of the undersigned witness.



__________________________ _______________________________

WITNESS LESSOR



THUS DONE AND SIGNED BY THE AGENT AT________________________

on this the____ day of______________________2011

in the presence of the undersigned witness.



__________________________ _______________________________

WITNESS KING'S ESTATE