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Lease Only

Lease OnlyBrooke Bolyard2021-06-18T19:51:39+00:00

Registration and Lease - Non-Quickbooks

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    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • The deposit required is one months rent based on the selected unit above.
    • $0.00
      Includes deposit and first months rent.
    • Please read the Lease Terms and Conditions on the next page.
    • Lease Terms and Conditions

      RECITALS

      WHEREAS, Lessor is the owner of a facility located at 328 Generation Drive, Morgantown, WV 26505 which has closed storage and outdoor storage for large items (collectively the “Storage Facility”);

      WHEREAS, Lessor’s closed storage units are as described and agreed upon in the chart below.

      WHEREAS, Lessor desires to lease Storage Unit# to the Lessee upon the following terms and conditions.

      NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound, do hereby agree as follows:

      1) Details of lease. PLEASE NOTE: A Twenty Dollar ($20.00) service charge will be assessed immediately for any payment not received within five (5) days of the date it is due or 20% of the monthly obligation whichever is greater. Also, a Twenty-Five Dollar ($25.00) charge will be assessed immediately for any returned check or failed ACH withdrawal. Payment of such charges will become due immediately upon assessment

      2) Lease and Term. Lessor leases to Lessee the Storage Unit,, described above, situated in the Lessor’s Storage Facility for the above price per month; upon and in addition to the terms described in paragraph number 1 above and in the remainder of this Lease. The Lease with respect to the Storage Unit shall commence upon the Date set forth in paragraph 1 above and shall continue until Termination Date set forth in paragraph numbered 1. If Lessee fails to remove their items from the Storage Unit on or before the Termination Date then this Lease shall be extended for a three month term unless earlier terminated by Lessor as permitted under this Lease. Notwithstanding the foregoing, Lessor may relocate Lessee’s Storage Unit to a storage space of similar size located within the Property, upon Lessor giving thirty (30) days prior written notice to Lessee. Unless otherwise stated herein, the minimum initial term of lease must be at least three (3) full calendar months. The lease may thereafter be renewed for three (3) month continuing terms or as agreed between lessor and lessee. At the lessor’s sole and exclusive discretion the lease may continue on a month to month basis at for an additional 20% premium.

      Payment terms selection: The initial payment and deposit may be made by check, ACH transfer, or credit card payment. The ongoing payment obligations thereafter may be made by completing the Authorization for Direct Payment form attached hereto or by paying through the tenant portal.

      3) Acceptance of Premises and Use. Lessee has examined the Storage Unit prior to entering into this Lease; Lessee knows the condition of the Storage Unit and accepts the leased Storage Unit in its existing condition, AS-IS, at the date of the execution of this Lease. Lessee understands and agrees Lessee will be solely responsible for any damage to Lessor’s Storage Facility, Gate, Key Card System, Storage Unit, and all associated premises, caused in whole or in part, directly or indirectly, by the act, omission or negligence of Lessee or Lessee’s agent, guest, or invitee. Lessee shall use the Storage Unit for storage space of non-perishable items only and permit no storage of “live” animals, livestock, or human occupation.

      4) Deposit. Lessee shall pay in advance a Deposit as described above. Upon termination of this Agreement, this Deposit shall be returned without interest to Lessee—less the amount, if any, retained by Lessor for any payments or charges owed to Lessor by Lessee and/or any costs necessary for cleaning of or repair to the Storage Unit of Lessor’s premises.

      Lessee will be charged fifty ($50) dollars for lost or destroyed key fob, keys, openers, or electronic entry devices.

      5) Holding Over & Lease Extension. It shall be the responsibility of Lessee to notify Lessor at least thirty (30) days prior to the Termination Date if Lessee intends to terminate this Lease. If Lessee fails to do so, Lessee shall be deemed to lease the Storage Unit for an additional Term on the same terms and conditions as set out in this Agreement; thereafter, Lessee shall continue to be deemed to lease the Storage Unit for an additional Term on the same terms and conditions as set out in this Agreement until Lessee notifies Lessor at least thirty (30) days prior to the last day of the month of Lessee intends to terminate the Agreement.

      6) Change of Terms. All of the terms conditions, agreements, rules and/or regulations of this Agreement are subject to change by Lessor upon fifteen (15) days written notice to Lessee and shall become effective fifteen days from the date of the notice, unless specified otherwise by Lessor. Lessee may terminate this Agreement based upon objection to Lessor's proposed changes by giving notice at least ten (10) days prior to the last day of the month in which the proposed changes become effective.

      7) Subleasing of Unit. Lessee shall not sublet or assign any portion of the Unit leased under this Agreement without the express written consent of Lessor.

      8) Hazards and Prohibited Activities. Lessee acknowledges that the storage of any flammable, chemical, odorous, explosive, combustible illegal, or any other inherently dangerous materials, or any item in violation of any statute, order, regulation or requirement imposed by any governmental entity is strictly prohibited. Lessee shall not use or permit the use of the leased space for any unlawful purpose. Without prior written consent of Lessor, Lessee is also prohibited from installations or alterations to the Storage Unit, erecting signs or advertising materials, or operating any electrical device in the Storage Unit. Lessee shall not hinder or interfere in anyway, or permit others to hinder or interfere with, the use or enjoyment of the Storage Facility by other lessees, or any other person or entity permitted at, on, in the Storage Facility. Lessee shall keep and maintain the Storage Unit in a clean, orderly and sanitary condition, and shall not store any noxious or offensive items in the Storage Unit. Lessor reserves the right to implement rules and regulations with regard to the use of the Storage Unit. Lessor shall not use facility as a workshop, social gathering place, or business.

      9) Acknowledgment of Risk. Lessee understands and acknowledges that Lessor may, from time to time provide or furnish some utilities, and Lessor shall not be liable in any respect for any damages to property or persons arising from the lack utilities. Lessee shall hold Lessor harmless from any accidents, injuries or liability as a result of Lessee’s direct or indirect negligence, loss or damages to Lessee’s property located within the Storage Unit and all other lessee’s property located within the Storage Facility.

      10) Keep Items Locked. Lessee shall keep all items locked that are stored in Storage Unit while items are at Storage Facility.

      11) Default. If Lessee is in default of any payment, charge or other provision of this Agreement for at least fifteen (15) days, LESSOR may:

      A. Refuse LESSEE or any other person access to the Storage Unit;

      B. Over-lock or remove Lessee's lock;

      If Lessee is in default of any term of this Agreement, including but not limited to failure to pay, and said default continues for sixty (60) days (the default period), or more from the first default, and proper notice is given then Lessor may dispose of or sell the property contained in the Unit to any person/entity, by public or private sale, for any amount; provided Lessor shall apply the proceeds of such sale to the Lessee's indebtedness under this Agreement, including all accrued and unpaid payments, fees, charges, appraisals, moving or storage costs, expenses of collection (including but not limited to attorneys' fees and court costs), and any costs related to re-entry and sale, and shall pay the balance, if any, to Lessee upon written demand. Lessor shall hold any such net proceeds for a period of one (1) year at which time the net proceeds become the property of Lessor. Sale or disposition of Lessee's property shall not release Lessee from responsibility for any payment or other charges still owing Lessor after the application of such proceeds from sale or disposal. Lessee expressly grants permission to Lessor for the disposition, destruction and disposal of any personal property.

      In the circumstance of default resulting in an Over-lock or removal of Lessee’s lock, the Lessee shall be charged fifty ($50.00) dollars as an Over-lock fee. If full payment of the past due balance including fees and other charges is made prior to the expiration of the default period contemplated within this agreement the Lessor will remove the Over-lock device from the unit within 34 hours.

      12) Non-Liability of Lessor. Lessor is not liable for loss, damage, decay, or theft any property being stored in the Storage Unit(s). Lessor may carry insurance on its building(s), but Lessee acknowledges and agrees neither Lessor nor Lessor's insurer is responsible for loss of or damage to any property stored in the Storage Unit by Lessee. Lessee shall be solely responsible for securing and paying for insurance coverage on any property placed in the Storage Unit leased under this Agreement. Lessee agrees not to seek subrogation against or to allow Lessee's insurance company to seek subrogation against Lessor in the event of loss or damage of any kind due to any cause whatsoever. Lessor shall not be liable for any personal injuries or property damage to any person or property on its premises. Lessor STRONGLY SUGGESTS Lessee OBTAIN INSURANCE TO PR0TECT PERSONS AND PROPERTY AGAINST ALL PERILS.

      13) Nature of Storage Facilities. Lessor is not engaged in the business of storing property for hire or profit. Lessor is in the business of leasing space to others as a self-service storage facility. Only a landlordtenant relationship exists between Lessor and Lessee, and the parties agree Lessor is not a "'bailee" and has absolutely no duty to perform with respect to the contents of the Storage Unit and has no care, custody and control over the contents of such rental space. The parties also agree that Lessee, its agents or guests shall handle Lessee's own property completely at Lessee's own risk and peril, and Lessor assumes no responsibility in conjunction therewith. In the event any employee of Lessor, at the request of Lessee, consents to perform any service, including but not limited to acceptance of deliveries and handling or routing of Lessee's property, Lessor and its employees shall not be deemed to be agents or employees of Lessee for any purpose, regardless of whether or not payment for such services is made, and Lessee will protect, defend, indemnify and hold Lessor harmless from any and all actions, suits, claims, demands, liabilities, damages and losses whatsoever arising out of or in connection with performance of any such service,

      14) Use of Demised Premises. Premises shall be used for the sole purpose of property storage and Lessee, its agents or guests, shall not be permitted to use the premises as a place of residence, lodging or as a place of gathering under any circumstances. Lessee shall not make any alterations or modifications to the Storage Unit, or remove anything therefrom, except Lessee's personal property located therein.

      15) Change of Address. Lessee shall furnish to Lessor a written notification of any change of address or telephone number. Such written notice shall be hand delivered to Lessor or sent by certified mail, return receipt requested to the address listed above.

      16) Successors. Heirs and Assigns. This Lease shall be binding upon Lessor, Lessee and their respective successors, heirs and assigns and shall be executed in duplicate, one copy to be retained by each party; such copies shall be considered for all purposes as an original. Nothing in this Agreement is intended to confer "Third Party Beneficiary'' status upon any other person or entity.

      17) Notices. All notices, requests, demands and other communications shall be in writing and, except as otherwise provided in this Agreement, shall be deemed to have been duly given, whether actually received or not, when delivered or mailed first class, postage prepaid, addressed as provided above.

      To Lessor: 

      6200 Mid Atlantic Dr. Morgantown, WV 26508

      To Lessee:

      All notices shall be sent to Lessee at the address set forth in section one (1) of this Agreement.

      18) Right to Cancel. Lessor reserves the right to cancel this Lease at any time upon thirty (30) days written notice to Lessee.

      19) Entry upon Termination. Upon termination of Lessee's Lease, for any reason whatsoever, Lessee shall have the right, if the Lease is paid in full, to remove personal property from the Storage Unit; otherwise, Lessee shall not be permitted to remove said personal property from the Storage Unit until the Lease payments are paid up in full, as the Lessor has a lien upon said personal property in the Storage Unit.

      20) Denial of Access. If a Lessee is in default, the Lessor may deny the Lessee access to the Storage Unit as provided for in W.Va. Code 38-14-1 et seq.

      21) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all negotiations, preliminary agreements and all prior or contemporaneous discussions and understandings of the parties hereto in connection with the subject matters hereof.

      22) Amendments. No amendment, change or modification of any of the terms, provisions or conditions of this Agreement shall be effective unless made in writing and signed by the parties or their du1y authorized representatives.

      23) No Waiver. Nothing contained in this Agreement shall cause the failure of any party to insist upon strict compliance with any covenant, obligation, condition or agreement contained in this Agreement to operate as a waiver of, or estoppel with respect to, any such covenant, obligation, condition or agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as nor constitute a continuing waiver or waiver of any other breach of any provision of this Agreement.

      24) Attorney’s fees and expenses. If Lessee breaches the Lease in any manner and Lessor hires an attorney for any reason related to said breach, including but not limited to failure to pay the amounts required under this Lease, then Lessor shall be entitled to be reimbursed by Lessee for all legal fees, costs and expenses associated with or related, directly or indirectly, to any breach hereof.

      25) Captions. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.

      26) Governing Law and forum selection. This agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to its conflicts of laws rules. The forum for any limited litigation permitted by this Agreement shall be filed in the Circuit Court of Monongalia County, WV.

      27) Construction. Each party has agreed to the use of the particular language in the provisions of this Agreement, and any questions of doubtful interpretation shall not be resolved by any rule or interpretation against the draftsman, but rather in accordance with the intention of the parties with respect thereto, having due regard to the benefits and rights intended to be conferred upon the parties and the limitations and restrictions upon such rights and benefits intended to be provided. Each party shall be deemed to be an equal draftsman of this Agreement.

      28) Waiver and Release. Lessee acknowledges that if the Storage Unit or Bay being leased is an outdoor covered storage unit; then the personal property being stored there may be damaged by the elements and any other way or manner that something may be damaged when it is in an open air, partially covered location. Lessee specifically releases Lessor to the maximum extent permitted by law from any liability of any type, kind or nature for any damage of any type that may occur to Lessee’s property while at or in the Storage Unit or Bay or Storage Facility.

      Lessee further acknowledges that if the Storage Unit or Bay being leased is a closed storage unit; the personal property contained therein may be damaged by temperature, mold, mildew, or other elements conditions reasonably encountered in storage units not designed for human occupation or fully weathertight storage. While measures are taken to provide safe, appropriate storage facilities, the Lessee specifically releases Lessor to the maximum extent permitted by law from any liability of any type, kind or nature, for any damage of any time that may occur to Lessee’s property while at or in the Storage Unit or Bay of Storage Facility.

      29) No Smoking, Vaping, or Drugs. Lessee, guest, invitee, and any other person at the Storage Facility, shall not smoke, vape, use e-cigarettes, or use illicit or illegal drugs on the Storage Facility site for any reason.

      30) Card Convenience Fee. All payments made by Lessee using a credit card, debit card, pre-paid card, or any other card, or other payment method in which a fee for processing is incurred by Lessor, shall incur a fee of 3%, or $2.00 whichever is greater.

      31) Speed Limit. The maximum speed limit permitted anywhere on the Storage Facility roads or parking areas is FIVE (5) MILES PER HOUR. No exceptions!

      32) Parking Direction. Lessee shall park any item parked by backing said item into the space. No items shall be pulled in, all must be backed into the space.

      33) Accommodation of Other Lessees. Lessee shall, to the maximum extent possible, park whatever item Lessee is storing at the Storage facility in a manner to maximize the space available to the other lessees to accommodate entry, exit and passage in the Storage Facility. Lessee shall be courteous to each  and every other lessee of the Storage Facility. NOTE: there is outside parking which will be along the front of the covered storage spaces and Lessee shall be responsible to enter and exit covered Storage Unit without interfering without or damaging other stored items.

      34) Use Of Disposal Waste System. If Lessee uses the waste water disposal system. Lessee shall be liable for any and all costs, fees and expenses of clean up, clean out, spill clean-up, water and waste removal and any other remediation activity that occurs based upon Lessee use of the waste water disposal system.

      35) Video Surveillance. The Storage Facility is under Twenty-Four hour video surveillance. By signing this Agreement, you, the Lessee, are hereby consenting to being under video surveillance (videotaped) at all times that you are at the Storage Facility or on the premises of the Storage Facility. Recordings from the video surveillance are only maintained for a limited period of time. Searching and preserving videotape evidence shall be pre-paid at $50.00 per hour (minimum two hour charge). There is no guarantee or warranty that videotape evidence will be preserved, maintained or that images will be captured. The Lessee releases lessor and holds lessor harmless from any and all liability associated with the failure to capture or maintain video surveillance images or evidence.

      36) Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

      37) Electrical Usage: In the event the lessor does provide access to an electrical outlet, the use of said power should be reserved to such UL listed appliances appropriate for use in a 15 amp rated outlet. In no event shall the lessee use devices such as refrigerators, coolers, chillers, freezers, dehumidifiers, heaters, air conditioners and other devices of the same or similar form or function. The electrical outlet that may be provided is for light duty use to serve the convenience of the lessee and may be withdrawn at any time.

      In the event lessor and lessee have agreed that a sub-meter for electrical usage will be provided then lessee agrees to pay lessor a flat rate charge, per month, to be paid, as rent, in accord with the provisions of this lease. Said charge shall be a flat rate based upon kilowatt usage as measured by the sub-meter.

      36) Notices Required by West Virginia Law: The following provisions and notices are provided pursuant to West Virginia law:

      A) By initialing below Lessee acknowledges and agrees that the Lessor has a lien on all personal property stored within each leased space for agreed rent, labor, late fees, and other charges and for expenses reasonably incurred in its sale or disposition pursuant to West Virginia Code Chapter 38, Article 14. The lien attaches as of the date the personal property stored within each space and remains a lien until the Lessee has satisfied the terms of the Lease. In the case of any motor vehicle or watercraft which is subject to a lien previously recorded on the certificate of title, the Lessor has a lien on the vehicle or watercraft as long as the motor vehicle or watercraft remains stored within the Storage Unit. Lessee acknowledges and agrees that the personal property stored within the leased space, a/k/a Storage Unit, may be sold to satisfy the lien if the Lessee is in default of payment under this Lease.

      B) Lessee further acknowledges that Lessor may, without judicial process, deny the occupant access to the personal property stored at the self-service storage facility if the lessee has been in default for fifteen days.

      C) Lessee further acknowledges and agrees to the following:

      (a) The Lessor has a lien on all personal property stored within each leased space for agreed rent, labor, late fees, and other charges and for expenses reasonably incurred in its sale or disposition pursuant to W. Va. Code 38-14-3. The lien attaches as of the date the personal property is stored within each leased space and remains a lien until the occupant has satisfied the terms of the rental agreement.

      (b) In the case of any motor vehicle or watercraft which is subject to a lien previously recorded on the certificate of title, the operator has a lien on the vehicle or watercraft as long as the motor vehicle or watercraft remains stored within the leased space.

      (c) The Personal property stored within the leased space may be sold to satisfy the lien if the occupant is in default.

      (d) Lessee has been advised that personal property stored in the leased space may be towed or removed from the self-service storage facility if the personal property is a motor vehicle, trailer, or watercraft and the occupant is in default for more than 60 days.

      (e) Lessee has been advised that a sale of personal property stored in the leased space to satisfy the lien if the occupant is in default may be advertised: (A) In a newspaper of general circulation in the jurisdiction where the sale is to be held or where the self-service storage facility is located; (B) By electronic mail or text; (C) On an online website.

      (f) The Lessor will charge a late fee not to exceed $20 or 20 percent of the monthly rental fee, whichever is greater, for each month the occupant defaults for a period of five days or more.

      (g). The Lessee bears the responsibility to assure that any emails from Lessor are not blocked by a Spam Filter or other limiting software.

      ENFORCEMENT OF LIEN Lessee further agrees that:

      (a)(1) If the lessee or occupant is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property stored in the leased space at a public sale or dispose of the personal property if the operator can demonstrate by photographs or other images and affidavit of a knowledgeable and credible person that the personal property lacks a value sufficient to cover the reasonable expense of a public auction plus the amount of the self-service storage lien.

      (2) Proceeds from the sale shall be applied to satisfy the lien, and any surplus shall be disbursed as provided in subsection (e) of this section.

      (b)(1) Before conducting a sale under subsection (a) of this section, the operator shall, subject to subdivision (2) of this subsection, notify the occupant of the default by hand delivery, verified mail, electronic mail, or text at the occupant’s last known address.

      (i) The rental agreement specifies, in bold type, that notice may be given by electronic mail or text; and the OCCUPANT/LESSEE

      (B) If the operator notifies the occupant of the default by electronic mail or text at the occupant’s last known address and does not receive a response, return receipt, or a confirmation of delivery, the operator shall not be required to send the notice of default to the occupant by hand delivery or by verified mail to the occupant’s last known postal address. LESSEE SPECIFICALLY AGREES TO WAIVE ANY REQUIREMENT TO THE CONTRARY AND WILL MAINTAIN AN ELECTRONIC MAIL ADDRESS OR TEXT INFORMATION WITH LESSOR.

      LESSEE/OCCUPANT agrees to immediately advise LESSOR/OPERATOR if LESSEE/OCCUPANT is a member of the military.

      (3) The notice shall include:

      (A) A statement that the contents of the occupant’s leased space are subject to the operator’s lien;

      (B) A statement of the operator’s claim, indicating the charges due on the date of the notice, the amount of any additional charges which will become due before the date of sale, and the date those additional charges will become due;

      (C) A demand for payment of the charges due within a specified time, not less than 14 days after the date that the notice was mailed;

      (D) A statement that unless the claim is paid within the time stated, the contents of the occupant’s space will be sold at a specified time and place; and

      (E) The name, street address, and telephone number of the operator, or his or her designated agent, whom the occupant may contact to respond to the notice.

      (4) (A) Subject to paragraph (B) of this subdivision, at least three days before conducting a sale under this section, the operator shall advertise the time, place, and terms of the sale:

      (i) In a newspaper of general circulation in the jurisdiction where the sale is to be held;

      (ii) By electronic mail; or

      (iii) On an online website.

      (B) The operator may not advertise the sale in the manner provided under subparagraph (ii) or (iii) of this paragraph unless the occupant provides the occupant’s initials next to the statement in the rental agreement required under this article.

      (c) The operator may dispose of the personal property if the operator has complied with subsection (b) of this section and the property has not been purchased.

      (d) At any time before a sale under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the occupant’s personal property.

      (e) A sale under this section shall be held at the self-service storage facility where the personal property is stored, on an online auction website, or at any other location reasonably determined by the operator.

      (f)(1) If a sale is held under this section, the operator shall:

      (A) Satisfy the lien from the proceeds of the sale; and

      (B) Mail the balance, if any, by certified mail to the occupant at the occupant’s last known address of the occupant.

      (2) (A) If the balance is returned to the operator after the operator mailed the balance in the manner required under paragraph (B), subdivision (1) of this subsection, the operator shall hold the balance for one year after the date of sale for delivery on demand to the operator.

      (B) After expiration of the one-year period, the balance is presumed abandoned.

      (g) A purchaser in good faith of any personal property sold under this article takes the property free and clear of any rights of persons against whom the lien was valid.

      (h) If the operator complies with the provisions of this article, the operator’s liability to the occupant is limited to the net proceeds received from the sale of the personal property less the amount of the operator’s lien.

      (i) If an occupant is in default, the operator may deny the occupant access to the leased space.

      (j)(1)(A) Notices sent to the operator shall be sent to the self-service storage facility where the occupant’s personal property is stored by hand delivery or verified mail.

      (B) Notices to the occupant shall be sent to the occupant at the occupant’s last known address.

      (2) Notices shall be considered delivered when:

      (A) Deposited with the United States Postal Service or a private delivery service, properly addressed as provided in subsection (b) of this section, with postage prepaid; or

      (B) Sent by electronic mail to the occupant’s last known address.

      (k)(1) If the occupant is in default for more than 60 days and the personal property stored in the leased space is a motor vehicle, trailer, or watercraft, the operator may have the personal property towed or removed from the self-service storage facility in lieu of a sale authorized under subsection (a) of this section.

      (2) The operator is immune from civil liability for any damage to the personal property towed or removed from the self-service storage facility under subdivision (1) of this subsection that occurs after the person that undertakes the towing or removal of the personal property takes possession of the personal property.

      Arbitration

      Lessee agrees to submit any dispute other than the enforcement of a lien or the Lessors’ collection of amounts due under this agreement to binding arbitration and waives all rights to a civil lawsuit (except for enforcement of an arbitration award.) The arbitration shall be conducted pursuant to the American

      Arbitration Association rules and each party shall bear their own costs and fees.

      Miscellaneous Provisions

      C) By signing below, Lessee acknowledges and agrees that the personal property stored in the leased space, a/k/a Storage Unit, may be towed or removed from the self-storage facility if the personal property is a motor vehicle, trailer, or watercraft and the occupant is in default for more than 60 days.

      D) By signing below, Lessee acknowledges and agrees that a sale of personal property stored in the leased space, a/k/a Storage Unit, to satisfy the lien if the occupant is in default may be advertised:

      (i) In a newspaper of general circulation in the jurisdiction where the sale is to be held or where the self-storage facility is located;(ii) By electronic mail or text; or (iii) On an online website.

      E) By signing below, Lessee acknowledges and agrees that If the Lessee is in default for a period of more than 60 days, the operator may enforce the lien by selling the personal property stored in the leased space, a/k/a Storage Unit, at a public sale or dispose of the personal property.

      37) Text and Email:

      LESSOR MAY GIVE LESSEE NOTICE OF DEFAULT BY ELECTRONIC MAIL OR TEXT. LESSEE ACKNOWLEDGES THIS NOTICE BY SIGNING BELOW.

      IN WITNESS WHEREOF, the parties hereto have executed this Lease on the Signing Date, or the date written below their name, if the date is different than the Signing Date then the Lease is effective on the Signing Date.

    • I understand that, if my application is approved, by submitting this form, I am entering THIS STORAGE BAY and STORAGE UNIT LEASE AGREEMENT (“Lease” or “Agreement”) between Fourth Generation, LLC, a West Virginia limited liability company d/b/a Metro Storage (the “Lessor” or “OPERATOR” and myself (collectively the “Lessee” or “LESSEE” or “Occupant”).

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