Storage Rental Agreement (Page 3 of 4) in pdf

such property. The Owner and the Owner’s employees and agents shall not be responsible or liable for any loss of or damage to any

personal property stored in the Space or on the Property resulting from or arising out of the Occupant’s use of the Space or the Property

from any cause whatsoever, including but not limited to theft, mysterious disappearance, mold, mildew, vandalism, fire, smoke, water,

flood, hurricanes, rain, tornadoes, explosions, rodents, insect, Acts of God, or the active or passive acts or omission or negligence of the

Owner, or the Owner’s agents or employees.

12. Insurance. The Owner does not provide any type of insurance which would protect the Occupant’s personal property from loss by fire,

theft, or any other type of casualty loss. It is the Occupant’s responsibility, at the Occupant’s expense, to secure such insurance to

protect itself and its property against all perils of whatever nature in an amount at least equal to the total value of all stored property.

Insurance on Occupant’s personal property is strongly recommended by the Owner. If Occupant fails to obtain insurance, then

Occupant hereby indemnifies the Owner and waives all claims against the Owner and releases the Owner from any and all liability.

Occupant automatically assumes all risk of loss to stored property that would be covered by such insurance. Occupant shall make no

claim whatsoever against the Owner’s insurance in the event of any loss. The Occupant agrees not to subrogate against the Owner in the

event of loss or damage of any kind or from any cause. Occupant agrees and understands that Owner and Owner’s agents are not

insurers, are not affiliated with any insurance company, and do not act as any insurance company’s agent, broker, or solicitor.

13. Changes. All items of this Agreement, including but without limitation, the Rent, conditions of occupancy and other fees and charges are

subject to change at the option of the Owner upon thirty (30) days prior written notice to the Occupant. If so changed, the Occupant may

terminate this Agreement on the effective date of such change by giving the Owner ten (10) days prior written notice of termination after

receiving notice of the change. If the Occupant does not give such notice of termination, the change shall become effective on the date

stated in the Owner’s notice and shall thereafter apply to the occupancy hereunder.

14. Owner’s Lien Rights. OCCUPANT UNDERSTANDS, ACKNOWLEDGES AND AGREES AS FOLLOW: PURSUANT TO THE TERMS OF THE

VIRGINIA SELF-SERVICE STORAGE ACT, SET FORTH IN VIRGINIA STATUTES SECTION 55-416 ET. SEQ. (AS THE SAME MAY BE AMENDED),

OWNER SHALL HAVE A LIEN ON ALL PERSONAL PROPERTY STORED IN THE SPACE FOR RENT, LABOR OR OTHER CHARGES, PRESENT OR

FUTURE, IN RELATION TO THE PERSONAL PROPERTY AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION OR EXPENSES

REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION. SUCH LIEN SHALL ATTACH AS OF THE DATE THE PERSONAL PROPERTY IS

TORED WITHIN THE LEASED SPACE. SUCH LIEN, TO THE EXTEN THE PROPERTY REMAINS STORED WITHIN THE LEASE SPACE, SHALL BE

SUPERIOR TO ANY OTHER EXISTING LIENS OR SECURITY INTERESTS TO THE EXTENT OF $250. IN ADDITION, SUCH LIEN SHALL EXTEND

TO THE PROCEEDS, IF ANY, REMAINING AFTER THE SATISFACTION OF ANY PERFECTED LIENS. IF OCCUPANT DOES NOT PAY

OCCUPANT’S MONTHLY RENT OR OTHER RENT OWING UNDER THE LEASE, OCCUPANT MAY LOSE OCCUPANT’S PERSONAL PROPERTY.

OWNER POSSESSES THE RIGHT TO SELL OCCUPANT’S PERSONAL PROPERTY STORED IN THE SPACE TO COLLECT THE UNPAID RENT.

15. Security Agreement. This Agreement shall constitute a security agreement covering the content of the Space and a security interest shall

attach thereto for the benefit of, and is hereby granted to the Owner by the Occupant to secure the payment and performance of any

default by the Occupant hereunder.

16. Occupant’s Liability. In the event of a foreclosure of the Occupant’s interest in the Space, it is understood and agreed by the Occupant

that the liability of the Occupant for the rents, charges, costs and expenses provided for in this Rental Agreement shall not be

relinquished, diminished or extinguished prior to payment in full. The Owner may use a collection agency thereafter to secure any

remaining balance owed by the Occupant after the application of sale proceeds, if any. If any property remains unsold after foreclosure

and sale, the Owner may dispose of said property in any manner considered appropriate by the Owner.

17. Assignment and Subletting. The Occupant shall not assign this Agreement or sublet the Space.

18. Waiver/Enforceability. In the event any part of this Agreement shall be held invalid or unenforceable, the remaining part of this

Agreement shall remain in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement.

No waiver by the Owner of any provision hereof shall be deemed a waiver of any of the other provisions hereof or of any subsequent

default or breach by the Occupant.

19. Attorneys’ Fees. In the event the Owner retains the services of an attorney to recover any sums due under this Agreement for any

unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the

Occupant, the Occupant agrees to pay to the Owner the reasonable costs, expenses, and attorney’s fees incurred in any such action.

20. Successors in Interest. This Agreement is binding upon the Parties hereto, their heirs, successors and assigns.

21. Governing Law. This Agreement and any actions between the Parties shall be governed by the laws of the State of Virginia.

22. Waiver of Jury Trial. The Owner and the Occupant hereby waive their respective rights to trial by jury of any cause of action, claim,

counterclaim, or cross complaint, at law or in equity brought by either the Owner against the Occupant or the Occupant against the

Owner arising out of or in any way connected with this Rental Agreement, the Occupants use or occupancy of the Space and this Property

or any claim of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation.

23. Limited Warranty. This Agreement contains the entire agreement of the Parties and no representation or agreements, oral, or otherwise,

between the Parties not embodied herein shall be of any force or effect (except for written addendums agreed to between the Parties).

The agents and employees of the Owner are not authorized or permitted to make any warranties about the Space, the Property, or any

facilities referred to in this Agreement. The Owner’s agents’ and employees’ ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and

shall not be relied upon by the Occupant. The entire agreement and understanding of the parties hereto are embodied in this writing and

NO OTHER WARRANTIES are given.

24. Rules. The Occupant agrees to be bound by any Rules and Regulations for the facility as may be posted by the Owner from time to time.

All Rules and Regulations shall be deemed to be part of this Agreement.

25. Notice of Change of Address. The Occupant represents and warrants that the information the Occupant has supplied in this rental

Agreement is true, accurate and correct, and the Occupant understands that the Owner is relying on the Occupant’s representations. The

Occupant agrees to give prompt written notice to the Owner of any change in the Occupant’s address or any change in the status of any

liens or secured interests on the Occupant’s property in the space. The Occupant shall fax or mail such notice by certified mail, return

receipt requested, with postage prepaid to the Owner at the above address.

Storage Rental Agreement Page 3

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