EXHIBIT 4

$23.37 – Proration of utilities (paid by owner or tenant)
Pursuant to your contract with my client, all utilities are payable either by the owner (you) or the tenant, but in no event are they payable by Eagle Management.

Utilities Clause - Contract Dated October 8, 2012

• Again - you base all on one contract. There are many more written agreements ( above and below - EXHIBITS ).
• We gave instructions - FIVE TIMES BY EMAILS -  to collect this payment - before your client´s "approved tenants" moved in - AND ARE PRESENTLY OCCUPYING OUR PROPERTY.
• Oops. They forgot. Shucks. Oh Well. Lets just forget about it ?
• EM just continuously ignored our requests. They apparently believe that the property owners have no rights.
• See all email correspondence - EMAILS TO BE POSTED - ( EM has all copies of course )
• One example below:

From:  xxx
Sent: Tuesday, October 23, 2012 2:35 AM
To: Dan
Subject: Fw: xxx, Elk Grove, CA 95624 - UTITLIES +

Dan,

Sac City charge for October is 67.42/2 = 33.71/31 days = 1.09 day x 6 days = 6.52

Sorry - the charge just arrived today (see adjustment below).

From October 26th - 31st:

6.52 - 67.42/2 = 33.71/31 days = 1.09 day x 6 days = 6.52 - Sac City

5.95 - 51.50/2 = 30.75/31 days = 0.99 day x 6 days = 5.95 - Elk Grove City

10.90                   56.30/31 days = 1.82 day x 6 days = 10.90 - Elk Grove Water - Base Charge

--------

23.37 - from 26 - 31 October 2012

xx.xx    xx.xx Elk Grove Water - Usage (according to bills)

xx.xx    xx.xx SMUD (according to bills)

WE REPEAT FROM PAGE - EXHIBIT 1

The owner of a property expects the property manager to:

• carry out the owner’s instructions, control costs and maximize revenue to maintain a stabilized cash flow as a return on capital invested (commonly referred to as the capitalization rate or the cap. rate)
• exercise control over the building to safeguard the capital invested, provide a duty of care through proper maintenance of the building
• be professional and well informed on Fair Housing laws and property management practices and procedures
• enhance the value of the property by making improvements that will increase its market value, retain and enhance pride of ownership.

Ref.: Fiduciary - DRE AGENCY

Agency - from the Department of Real Estate Definitions

... Equally, civil actions brought against real estate licensees by the public usually include causes of action for negligence, professional negligence, negligent misrepresentations and breaches of  fiduciary duty. 

Fiduciary duties include, among others, loyalty; confidentiality; the  exercise of utmost care (and in certain fact situations, reasonable care); full and complete disclosure of all  material facts; the obligation to account to the principal; the obligation to act fairly and honestly and without fraud or deceit; and the duty to "explain" and "counsel" about that which has been disclosed or should have been disclosed thereby permitting the principal to make an informed and considered decision to buy, sell, lease, exchange, borrow or lend.

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