Terms and Conditions

Storage Partner

Lease Agreement

Date Effective: March 1, 2024

THESE STANDARD TERMS AND CONDITIONS ARE AND SHALL

BE A PART OF THE SELF-STORAGE RENTAL AGREEMENT

(THE “RENTAL AGREEMENT”) BETWEEN THE APPLICABLE

OCCUPANT AND THE STORAGE PARTNER REFERENCED IN

SUCH AGREEMENT. THE RENTAL AGREEMENT AND THESE

STANDARD TERMS AND CONDITIONS ARE REFERRED TO

HEREIN COLLECTIVELY AS THE “AGREEMENT”. BY ACCEPTING

THE RENTAL AGREEMENT (WHICH SUCH ACCEPTANCE SHALL

BEEVIDENCED BY THE EXECUTION OF THE RENTAL AGREEMENT

BY THE OCCUPANT, THE VERBAL ACCEPTANCE OF THE RENTAL

AGREEMENT BY THE OCCUPANT, OR THE OCCUPANCY OR

UTILIZATION OF THE UNIT BY THE OCCUPANT), OCCUPANT

AGREES TO BE BOUND BY THESE STANDARD TERMS AND

CONDITIONS. THE LIMITED LIABILITY COMPANY THAT OWNS

AND/OR OPERATES THE STORAGE PARTNER REFERENCED

IN THE RENTAL AGREEMENT IS REFERRED TO HEREIN AS THE

“OPERATOR”. NOTICE OF LIEN: THESE FACILITIES ARE OPERATED

IN ACCORDANCE WITH THE ALABAMA SELF-STORAGE FACILITY

ACT. PURSUANT TO THE ALABAMA SELF-STORAGE FACILITY ACT

(SECTIONS 8-15-40 THROUGH 8-15-49), THE OPERATOR HAS A LIEN

ON ALL PERSONAL PROPERTY LOCATED AT A SELF-SERVICE

STORAGE FACILITY 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. PERSONAL PROPERTY STORED IN THE LEASED

SPACE MAY BE SOLD TO SATISFY THE LIEN IF THE OCCUPANT

IS IN DEFAULT.

E-mail Notification: By providing its e-mail address to Operator,

Occupant consents to receiving all notices, including statutory notices,

from Operator by e-mail.

1. STORAGE SPACE: Occupant rents from Operator the unit

specifically referenced in the Rental Agreement (hereinafter the

“Storage Space”) for the monthly rent set forth in the Rental

Agreement. Occupant shall be responsible for the other costs,

expenses, and fees referenced in the Rental Agreement, and shall also

indemnify, defend, and hold harmless Operator for any costs and

expenses incurred by Operator as a result of the acts, actions, and

omissions of Occupant. Occupant may not assign or sub-rent the

Storage Space without the written permission of the Operator. In the

absence of separate rental agreement(s), this Agreement shall be

deemed automatically amended as necessary to include any additional

Storage Space(s) rented by Occupant, except that the monthly rental

rate for any such additional Storage Space(s) shall be the market rate

then in effect at the premises at which the leased unit is located (the

“Premises”), and all late charges and fees shall be adjusted in a

commensurate amount. Operator is not providing any services to

Occupant pursuant to this Agreement other than renting the Storage

Space to the Occupant.

2. RENT AND FEES: The monthly rent for the Storage Space is set

forth in the Rental Agreement. The Rental Agreement shall continue

on a month-to-month basis and will automatically renew for successive

one month periods unless terminated as set forth below.

Notwithstanding the foregoing or anything to the contrary contained

herein, the obligations of Occupant (including in connection with a

breach or violation of the Agreement) shall survive the termination of

the Agreement. The minimum term shall be one month. Operator will

not pro-rate partial month’s rent upon move out. Evidence of

Occupant’s continued occupancy of the Storage Space will include the

presence of Occupant’s property in the Storage Space or the Storage

Space remaining locked with Occupant’s lock. Monthly rent shall be

due and payable on the first day of each successive month (herein “Due

Date”) this Agreement remains in effect. Rent is due and payable in

advance and the first month’s rent may be prorated to achieve a

desirable due date for rent payments, though proration of rent shall not

apply at the termination of this Agreement. Rent paid more than ten

(10) days late or rent checks that are dishonored cause Operator to incur

substantial damages and, thus, Occupant agrees to pay Operator, as

additional rent, a one-time Administration Fee of $25.00, a Late Fee

of $10.00, for each rent payment made more than ten (10) days beyond

the Due Date, and an NSF Fee of $25.00 for each dishonored check or

credit or debit card payment. If Occupant’s lock must be cut for any

reason, Occupant will be charged a Lock Cut Fee of $25.00. If the

Occupant’s stored property is advertised for sale, Occupant shall pay an

Advertisement Fee of $25.00. If Occupant's stored property is

processed for sale at public auction, Occupant shall be responsible for a

Sale Fee of $ $100.00. These fees may be charged even if the sale is not

physically conducted due to Occupant reclaiming the property. Other

fees charged to Occupant may be contained in Addendums to this

Agreement. These charges shall be in addition to any other amounts due

under the terms of the Agreement. Rent is payable to Operator at the

above address without demand. All service charges, administrative fees,

lien notice fees, late fees, sale fees, advertisement fees, lock cut fees,

court costs and attorneys’ fees together with all other fees and charges

set forth in this Agreement incurred by Operator in connection with the

enforcement of the Agreement shall be deemed “additional rent”

payable by Occupant to Operator as provided in the Agreement. If

Operator exercises its right to overlock the Storage Space for failure to

pay rent, it is agreed that monthly rent continues to accrue for each

month or portion thereof that Occupant’s personal property remains in

the Storage Space, and until default is cured. Partial payments made to

cure a default will not delay or stop the sale of Occupant’s property as

further referenced herein. Nor do partial payments waive or avoid the

legal effect of notices, including prior notices, given to Occupant. Only

full payment on the Occupant's account prior to the published auction

date will stop a scheduled sale of the Occupant’s stored property.

Operator reserves the right to refuse payment by check and to require

cash payment of past due rents and other charges. All payments made

by check or money order must contain the number of the Storage Space

for which payment is intended. Operator is not responsible for any

damages incurred as a result of Occupant's failure to include the

Storage Space number on payments or other correspondence. There

will be no partial month refunds on pre-paid rent. DO NOT PUT CASH

OR MAIL IN ANY MAIL SLOT OR DROP BOX.

3. TERMINATION: This Agreement will continue from month to

month unless Operator or Occupant gives the other party notice to

terminate the tenancy under this Agreement. Operator may immediately

terminate this Agreement (including denial of vehicle gate access to the

Premises and denial of access to the Storage Space) if Occupant is in

breach of this Agreement or in the event that Occupant creates a

nuisance or is engaged in disruptive, criminal, unlawful or other

Operator-prohibited behavior that threatens the safety of other

occupants and/or the preservation of the Premises. Operator may also

exercise immediate termination rights (including denial of vehicle gate

access to the Premises and denial of access to the Storage Space) in the

event that Occupant utilizes the Storage Space for an unlawful purpose

or is found to be engaged in illegal activity at the Premises. Upon

termination of this Agreement, Occupant shall promptly remove all

stored property from the Storage Space and deliver possession of the

Storage Space to Operator on the day of termination unless same is

subject to Operator’s lien rights as referenced below. Failure to remove

all personal property and personal lock before commencement of the

next rental month shall not prevent termination at Operator’s request,

but shall obligate Occupant for rent for the full term of each rental

month in which any of Occupant's personal property remains in the

Storage Space and/or the Storage Space is locked with Occupant's lock.

If the Occupant fails to fully remove its property from the Storage

Space within the time required, the Operator, at its option, may without

further notice or demand, either directly or through legal process,

reenter the Occupant’s Storage Space and remove all property

therefrom without being deemed guilty in any manner of trespassing or

conversion. Occupant shall be responsible for paying all costs incurred

by Operator in disposing of such property. Occupant must leave the

Storage Space empty, in good condition, broom clean, and unlocked.

Occupant will be held responsible for all costs incurred by Operator if

the Storage Space is damaged or left in an unclean state. Operator may

dispose of property left in the Storage Space or on the Premises after

termination of this Agreement, though Occupant will be liable for

paying all costs incurred by Operator in disposing of such property.

PRE-PAID RENT IS NON-REFUNDABLE.

4. DEFAULT: The Occupant shall be in default if the Occupant fails

to pay rent and charges when due or defaults on any other term or

condition of this Agreement. The Occupant’s breach of the peace shall

also constitute a default hereunder.

5. OCCUPANT’S ACCESS: Occupant’s access to the Premises

and the Storage Space may be conditioned in any manner deemed

reasonably necessary by Operator to maintain order on the Premises. At

Operator’s discretion and without obligation of Operator, such

measures may include, but are not limited to, requiring verification of

Occupant’s identity, limiting hours of operation, and inspecting

vehicles that enter the Premises. Access will be denied to any party

other than the Occupant who does not retain gate code and key to lock

on Storage Space or has not supplied Operator with written

authorization from the Occupant to enter the Storage Space. Otherwise,

only a court order will be sufficient to permit access by others.

6. USE AND COMPLIANCE WITH LAW: Occupant agrees not

to use the Storage Space for any unlawful purpose and that no property

will be stored in the Storage Spaces unless belonging to the Occupant.

Storage of hazardous, flammable, explosive, toxic, noxious, odorous, or

other dangerous materials is strictly prohibited. Occupant is obligated in

advance to drain all gasoline or other flammable material from any

property, including vehicles, or machinery to be stored. Occupant shall

not store any property in violation of any law, ordinance, regulation,

code, order or requirement imposed by any governmental authority, the

Board of Health, Sanitary, Police or Fire Department, or other

governmental agency, nor do or cause to be done any act that may

create a nuisance. Occupant agrees not to commit waste, nor alter, nor

affix signs on the Storage Space or anywhere on the Premises, and will

keep the Storage Space and the Premises in good condition during the

term of this Agreement. Occupant acknowledges that the Storage

Space may be used for storage only, and Occupant specifically

agrees that the Storage Space will not be used for the conduct of a

business or for human or animal habitation for any period of time

whatsoever. Occupant may not use any of the dumpsters on the

Premises. No electrical connections, alteration, or modification of any

kind are permitted to be made to any lighting or wiring within the

Storage Space or on the Premises. Additionally, Occupant shall not use

the Storage Space for: (1) Sanding or spray painting; (2) Any use which

constitutes a shop or service facility; (3) Automobile repair; (4)

Continuous connection of any electrical appliance or extension cord; (5)

Practice facilities for rock bands or other individuals or musical groups;

(6) Installation of any telephone device; (7) Garage sales, flea market,

or sale of any kind directly from the Storage Space; (8) Parties,

gatherings, or meetings of any kind (9) Any use which involves

alteration, structural change or defacement of the Premises, its walls,

floor or overhead space; (10) Any use of roof bar joists or structural

members or supports for the purposes of lifting or storing any object;

(11) Storage of any perishable items, food, or liquid or anything likely

to attract pests, such as grass seed, etc.; (12) An address to be

advertised or used for any purpose; (13) The manufacturing or

production of any type of product; (14) Sales of any kind; or (15)

Storage of inadequately packaged, wrapped or protected articles that

could be damaged by absorption of moisture from floors or walls.

Without limiting the foregoing, Occupant shall not (and shall not permit

any person to) use the Storage Space in any manner that would be a

violation of any applicable federal, state or local law or regulation,

regardless of whether such use or occupancy is lawful under any

conflicting law, including without limitation any law relating to the use,

sale, possession, cultivation, manufacture, distribution or marketing of

any controlled substances or other contraband (whether for commercial,

medical, or personal purposes), or any law relating to the medicinal use

or distribution of marijuana. NOTE: Any violation of the provisions

within this paragraph shall be grounds for immediate termination of this

Agreement and Occupant hereby agrees to hold Operator, Operator’s

agents, employees, and representatives and other occupants harmless

and to indemnify, save and defend such persons and entities for any

loss, damage, personal injury, or costs (including attorneys’ fees)

resulting from the violation of this Paragraph.

7. LIENS ON STORED PROPERTY: Occupant must disclose

any lienholders with an interest in property that is stored or will be

stored in the Storage Space. Occupant agrees to promptly advise

Operator of future liens on property or liens on property

subsequently placed in the Storage Space.

8. LIMITS ON LIABILITY: Occupant acknowledges and agrees

that the Storage Space is not suitable for the storage of heirlooms,

precious, invaluable, or other property alleged or considered

irreplaceable (e.g., jewels, furs, books, records, writings, works of

art, objects for which no immediate resale market exists) and

property alleged or considered to have special emotional or

sentimental value. Occupant agrees not to store such items in the

Storage Space. Occupant waives any claim for emotional or

sentimental attachment to the stored property. Because the value of

personal property may be difficult or impossible to ascertain,

Occupant further agrees not to store property in the Storage Space

with a total aggregate value in excess of $ 5,000.00 unless the

Operator gives specific written permission for Occupant to store

property with a combined greater value. If such written permission

is not obtained, the value of Occupant's property shall be deemed

not to exceed $5,000.00 and may be worth substantially less than

$5,000.00. The Occupant agrees that the maximum value for any

claim or suit by the Occupant, including but not limited to any suit

which alleges wrongful or improper foreclosure or sale of the

contents of a Storage Space, is $5,000.00. Nothing stated herein

shall be deemed to establish that the stored property has any value

whatsoever or to create any liability on the part of the Operator,

which liability is expressly denied by Operator and released herein.

9. NON-LIABILITY OF OPERATOR FOR PROPERTY

DAMAGE: IT IS SPECIFICALLY UNDERSTOOD AND

AGREED THAT NO BAILMENT IS CREATED HEREUNDER.

OPERATOR IS NOT A WAREHOUSEMAN ENGAGED IN THE

BUSINESS OF STORING GOODS FOR HIRE. THE

EXCLUSIVE CARE, CUSTODY, AND CONTROL OF

OCCUPANT’S PROPERTY SHALL REMAIN VESTED IN

OCCUPANT AND ALL PROPERTY STORED WITHIN THE

STORAGE SPACE BY OCCUPANT OR STORED AT THE

PREMISES SHALL BE AT OCCUPANT’S SOLE RISK. Operator

and Operator’s agents, employees, and representatives shall not be

liable to Occupant for any damage to, or loss of, any personal

property arising from any cause whatsoever, including, but not

limited to, burglary, fire, flood, wind, water damage, moisture

damage, mold, mildew, flood, hurricanes, rain, tornadoes,

mysterious disappearance, rodents, insects, malfunction of alarm or

sprinkler systems, Acts of God, explosion, or the active or passive

acts, omissions or negligence of Operator or Operator’s agents,

employees, representatives. Neither Operator nor Operator’s

representatives are liable for any loss or damage resulting from

failure, interruption, or malfunction of utilities. It is agreed by the

Occupant that this provision is a bargained for condition of this

Agreement that was used in determining the amount of monthly

rent to be charged and without which the Operator would not have

entered into this Agreement.

10. INSURANCE: ANY INSURANCE PROTECTING THE

PERSONAL PROPERTY STORED WITHIN THE SPACE

AGAINST FIRE, THEFT, OR DAMAGE MUST BE PROVIDED

BY THE OCCUPANT. THE OPERATOR 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 TO OBTAIN SUCH

INSURANCE. Occupant, at Occupant’s expense, shall maintain a

policy of fire, extended coverage endorsement, burglary, vandalism,

and malicious mischief insurance for 100% of the actual cash value of

stored property. Insurance on Occupant’s property is a material

condition of this Agreement and is for the benefit of both Occupant and

Operator. Failure to carry the required insurance is a breach of this

Agreement and Occupant assumes all risk of loss to stored property that

would be covered by such insurance. Occupant hereby releases

Operator and Operator’s owners, agents and employees from any and

all claims for damage or loss to stored property that are caused by or

result from perils that are, or would be, covered under the required

insurance policy and hereby waives any and all rights of recovery

against Operator and Operator’s agents and employees in connection

with any damage which is or would be covered by any such insurance

policy. Occupant expressly agrees that the insurance company

providing such insurance shall not be subrogated to any claim of

Occupant against Operator, Operator's agents or employees for loss of

or damage to stored property.

11. RELEASE OF LIABILITY AND INDEMNITY: Occupant

hereby releases Operator and Operator’s owners, managers, agents,

employees, and representatives from any and all liability, including for

any injury or death to Occupant or Occupant’s agents, representatives,

guests, invitees, or family members as a result of any use of or presence

on or at the Storage Space or Premises by any of them, even if such

injury or death is caused by the active or passive acts, omissions, or

negligence of Operator or Operator’s agents, employees, or

representatives. Occupant is responsible for any children he or she

brings onto the Premises. Occupant hereby expressly further agrees to

indemnify and hold harmless and defend Operator and Operator’s

agents, employees, and representatives from and against any and all

claims (including claims for property damage, personal injury, or

death), demands, actions and causes of action (including attorney’s fees

and costs) that are herewith brought by anyone arising out of or in

connection with the use of or presence on or at the Storage Space or

Premises by Occupant or Occupant’s agents, representatives, guests,

invitees, or family members, including claims allegedly arising from the

active or passive acts, omissions or negligence of Operator or

Operator’s agents, employees, or representatives.

12. CONDITION OF STORAGE SPACE, ALTERATION,

SIGNS AND WASTE: Occupant assumes responsibility for examining

the Storage Space and hereby accepts the same in its AS IS condition

and agrees to pay Operator for any repairs to the Storage Space and/or

Premises necessitated by Occupant’s use of same. Occupant

understands that all unit sizes are approximate and enters into this

Agreement without reliance on the estimated size of the Storage Space.

Occupant shall not make or allow to be made any alterations to the

Storage Space or the Premises, even if Occupant considers them to be

improvements, nor post any signs thereon, without express written

consent of the Operator, nor shall Occupant permit any waste in or on

the Storage Space or Premises. Should Occupant damage or depreciate

the Storage Space, or damage any gates or buildings on the Premises

(including the exterior and gutters of any such buildings), or make

alterations or improvements without the prior consent of the Operator,

or require the Operator to incur costs to clean the Storage Space and/or

the Premises upon termination, then all costs necessary to restore the

Storage Space to its prior condition shall be borne by Occupant.

Operator has the right to declare any such costs to repair as “rent”. If

Occupant causes any such damage, Occupant may be denied access to

the Storage Space until Occupant pays Operator for repair of all

damage.

13. OPERATOR’S RIGHT TO ENTER, INSPECT AND REPAIR

STORAGE SPACE/PREMISES: Occupant agrees that Operator or its

representatives have the right to enter the Storage Space for the purpose

of inspection without prior notice to Occupant whenever Operator

believes that any hazardous condition or nuisance has been created or is

occurring in the Storage Space, or for repairs or alterations to the

Storage Space, or to examine the Storage Space for violation of this

Agreement, or to otherwise comply with this Agreement, to preserve

the Storage Space or the Premises, to comply with applicable law, or

inspections or searches by governmental authorities. For any other

occurrences, Occupant grants Operator or Operator's agents’ access to

the Storage Space upon 48 hours’ advance written notice to Occupant.

In the event any materials are discovered which are hazardous or

constitute a nuisance, Operator may immediately arrange for their

removal and disposal at Occupant’s expense.

14. RULES AND REGULATIONS: Operator shall have the right to

establish or change hours of operation or to promulgate and amend

rules and regulations for the safety, care, and cleanliness of the

Premises or for the good of the Premises. Occupant agrees to be bound

by and abide by all such existing and future rules. All Rules and

Regulations shall be deemed to be part of this Agreement.

15. OPERATOR’S REMEDIES AND LIEN UPON DEFAULT;

DENIAL OF ACCESS: (a) Time is of the essence in the performance

of this Agreement and in the payment of each and every installment of

rent and charges herein due. If any rent or charge shall be due and not

paid, or if Occupant shall fail or refuse to perform any of the covenants,

conditions, or terms of this Agreement, Occupant shall be conclusively

deemed in default. Occupant’s breach of the peace shall also constitute

a default of this Agreement. Upon any default by Occupant,

Operator shall have the right, without notice to Occupant, to deny

Occupant access to the Storage Space and/or Premises if such

default is not cured within five (5) calendar days. Denial of access

shall include the right to remove Occupant’s lock and replace it with

Operator’s lock. The right to deny access to Occupant shall be in

addition to all other liens and/or remedies provided by law to secure

and collect rent, labor or other charges, present or future, as a result of

Occupant’s storage of personal property or other use of the Storage

Space, including expenses necessary for preservation or reasonably

incurred in the sale of or other disposition of property. Operator may

also deny Occupant access to the Space if Occupant has breached this

Agreement, is damaging property of others, is disturbing the peace, or

is otherwise violating criminal laws. Additionally, if Occupant is

renting more than one Storage Space at any given time, default on one

rented Storage Space shall constitute default on all rented Storage

Spaces, entitling Operator to deny access to Occupant to all rented

Storage Spaces. No bailment or higher level of liability is created if

Operator over-locks the Occupant’s lock, thereby denying the Occupant

access to the Storage Space. If Operator terminates this Agreement as

provided for herein, Operator has the right to deny vehicle access entry

to the Premises during the termination period and control Occupant’s

access on the Premises, including, but not limited to, requiring

Occupant to be escorted by Operator’s agents or employees while at the

Premises. (b) The overlocking of the Storage Space, re-entry, locking of Storage

Space, or taking of possession by Operator as provided under this

Agreement shall not relieve the Occupant’s obligations under the terms

of this Agreement, including but not limited to, the Occupant’s

obligations for liability for rent and charges. In the event of a sale of

goods as provided herein, it is agreed that the date of such sale shall

constitute the date of termination of this Agreement.

16. OPERATOR’S LIEN RIGHTS: (a) OPERATOR AND ITS

HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS,

AND ASSIGNS HAVE A STATUTORY LIEN UPON ALL OF

THE PERSONAL PROPERTY LOCATED AT THE PREMISES

FOR DELINQUENT RENT, LATE FEES, LABOR, OR OTHER

CHARGES INCURRED PURSUANT TO THIS AGREEMENT

AND FOR EXPENSES INCURRED FOR PRESERVATION,

SALE, OR DISPOSITION OF THE PERSONAL PROPERTY

PURSUANT TO THE ALABAMA SELF SERVICE STORAGE

ACT, ALA. CODE § 8-15-40 ET SEQ. PURSUANT TO SAID

ACT, PERSONAL PROPERTY STORED IN THE LEASED

STORAGE SPACE MAY BE SOLD TO SATISFY THE LIEN IF

THE OCCUPANT IS IN DEFAULT. OPERATOR SHALL NOT

BE LIABLE TO OCCUPANT OR ANY THIRD PARTY FOR

THE REMOVAL OR SALE OF PERSONAL PROPERTY

WHICH IS NOT THE PROPERTY OF THE OCCUPANT OR

UPON WHICH A PRIOR LIEN HAS ATTACHED, UNLESS

NOTICE SHALL HAVE BEEN GIVEN TO THE OPERATOR BY

THE OCCUPANT THAT THE PROPERTY PLACED IN THE

STORAGE SPACE WAS NOT THAT OF THE OCCUPANT.

PRIOR TO PLACING ANY PERSONAL PROPERTY IN THE

STORAGE SPACE WHICH IS NOT THE PROPERTY OF THE

OCCUPANT OR UPON WHICH A PRIOR LIEN IS

ATTACHED, THE OCCUPANT IS REQUIRED TO NOTIFY

THE OPERATOR, IN WRITING, OF THE NATURE OF AND

IDENTIFY ANY SUCH PROPERTY PLACED IN THE LEASED

STORAGE SPACE AND NAME, ADDRESS, PHONE, AND E-

MAIL OF LIEN HOLDER. IN NO EVENT SHALL THE

OPERATOR’S LIABILITY EXCEED THE PROCEEDS OF THE

SALE. IF THE PERSONAL PROPERTY SUBJECT TO THE

OPERATOR'S LIEN IS A VEHICLE, WATERCRAFT, OR

TRAILER AND RENT AND OTHER CHARGES REMAIN

UNPAID FOR 60 DAYS, THE OPERATOR MAY HAVE THE

VEHICLE, WATERCRAFT, OR TRAILER TOWED FROM THE

SELF-SERVICE STORAGE FACILITY. THE OPERATOR

SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE

VEHICLE, WATERCRAFT, OR TRAILER ONCE A LICENSED

AND BONDED TOWER TAKES POSSESSION OF THE

PROPERTY. REMOVAL OF ANY VEHICLE, WATERCRAFT,

OR TRAILER FROM THE SELF-SERVICE STORAGE

FACILITY SHALL NOT RELEASE THE OPERATOR'S LIEN. It

is further agreed that Occupant shall be personally liable for all rents,

charges, costs and expenses, including those incurred in lien sale and/or

disposition of the Occupant's property as provided for above. Occupant

hereby waives and renounces its right to the benefit of any

constitutional or statutory exemptions as to its property in the Space.

Operator reserves the right to utilize on-line auction services to

manage the sale of Occupant’s property as a result of Occupant’s

default and the foreclosure of Operator’s lien. Occupant consents

to the use of on-line auction services.

(b) Operator may sell Occupant’s stored property singly, in lots, or as a

whole. In the event of a foreclosure sale, it is understood and agreed

that the liability of Occupant for the rents, charges, costs and expenses

provided for in this Agreement shall not be relinquished, diminished, or

extinguished prior to payment in full. It is further agreed that Occupant

shall be personally liable for all rents, charges, costs, and expenses,

including those incurred in lien sale and/or disposition of the

Occupant's property as provided for above. Operator shall be allowed to

bid on the property at the sale. Proceeds of the sale will be applied to

the rent, fees and charges owed by Occupant to Operator.

17. SECURITY AGREEMENT: This Agreement shall constitute a

security agreement covering the contents of the Storage Space and a

security interest shall attach thereto for the benefit of, and is hereby

granted to, the Operator by the Occupant to secure the payment and

performance of any default by the Occupant hereunder.

18. ABANDONMENT OF OCCUPANT'S PROPERTY: The

Occupant shall be deemed to have abandoned the Storage Space if the

Occupant has removed the contents of the Storage Space and/or has

removed the Occupant’s locking device from the Storage Space and is

not current in all obligations hereunder. Abandonment shall allow the

Operator to remove all contents of the Storage Space for disposal or

sale. If such property or any part thereof is sold, Operator may receive

and retain the proceeds of such sale and apply the same, at its option,

against the expenses of re-entry and sale, cost of moving and storage,

any arrears of rent or charges and any damages which the Operator may

be entitled hereunder or pursuant to law in the order Operator so

chooses. Occupant hereby waives and releases any claims or actions

against Operator for disposal of property resulting from Occupant’s

abandonment. Rent prepaid for any period in which the Occupant

moves out early shall not be refunded. This Agreement shall

automatically terminate if the Occupant abandons the Storage Space.

19. WAIVER: No waiver by Operator, its agents, representatives, or

employees of any breach in performance of any covenant, condition, or

term contained herein shall constitute a waiver of any subsequent

breach or default by Occupant.

20. WAIVER OF EXEMPTION: As to enforcement of this

Agreement, Occupant waives all right of exemptions, now or hereafter

provided for under the Laws of the State of Alabama or any other State.

21. NOTICES: All notices required under this Agreement will be sent

to Occupant at the Occupant’s last known by first class mail, postage

prepaid, or to the electronic mail address provided by the Occupant in

this Agreement and shall be deemed delivered when deposited by

Operator in the U.S. Mail or when sent by electronic mail. All statutory

notices shall be sent as required by law. Notification by electronic

mail is an authorized means of communication. Occupant consents

to be contacted using electronic means and to promptly advise

Operator of any change in the Occupant’s e-mail address. Occupant

hereby consents to Operator phoning, faxing, e-mailing, texting, and

using social media to communicate with Occupant with marketing

and/or other business-related communications, including automated

calls or texts. It shall be the responsibility of the Occupant to provide

Operator with electronic notice of any change in address (including e-

mail) or their home or mobile phone number. Occupant represents and

warrants that the information Occupant has supplied in the Agreement

is true, accurate and correct and Occupant understands that Operator is

relying on Occupant’s representations. OCCUPANT AGREES TO

FURNISH OPERATOR WITH WRITTEN NOTICE OF ANY

CHANGE OF ADDRESS (POSTAL OR ELECTRONIC) OR PHONE

NUMBER WITHIN TEN (10) DAYS OF THE CHANGE, AND

OCCUPANT AGREES THAT UNLESS OPERATOR IS NOTIFIED

OF SUCH CHANGE IN WRITING, OCCUPANT MAY BE

CONTACTED OR NOTIFIED AT THE ADDRESS AND/OR

TELEPHONE NUMBERS PROVIDED IN THIS AGREEMENT IN

CASE OF EMERGENCY, FOR COLLECTION OF ANY

DELINQUENCY IN OCCUPANT'S ACCOUNT, IN THE EVENT OF

OCCUPANT’S DEFAULT UNDER ANY OF THE TERMS AND

CONDITIONS OF THIS AGREEMENT, OR TO BE PROVIDED

ANY OTHER NOTICE TO WHICH OCCUPANT MAY BE

LEGALLY ENTITLED. NOTHING IN THIS PARAGRAPH SHALL

BE DEEMED TO SUPERSEDE ANY OTHER PROVISION OF THIS

AGREEMENT, NOR TO IMPOSE ANY ADDITIONAL

OBLIGATION UPON OPERATOR. Occupant understands he must

personally deliver such notice of change of address or phone number to

Operator or mail the notice by certified mail, return receipt requested,

with postage prepaid to Operator at the Premises address set forth

above or by e-mail only if e-mail is acknowledged by Operator.

Occupant’s failure to notify Operator of any change in physical or e-

mail address or telephone number or alternate name, address and

telephone number shall constitute a waiver by Occupant of any

defenses based on failure to receive any notice.

22. EXCLUSION OF WARRANTIES: No expressed or implied

warranties, guarantees, or representations are given by Operator,

Operator's agents or employees as to the suitability of the Storage Space

for Occupant's intended use or the nature, condition, safety, or security

of the Premises, the Storage Space, and/or the Property in the Storage

Space. Operator disclaims and Occupant waives any implied warranties

of suitability or fitness for a particular use. The agents and employees

of the Operator are not authorized or permitted to make warranties

about the Storage Space or the Premises. NO PROMISES OR

REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN

MADE TO OCCUPANT BY OPERATOR OR OPERATOR’S

AGENTS, EMPLOYEES, OR REPRESENTATIVES. NO PROMISES

OR REPRESENTATIONS OF SAFETY OR SECURITY OF THE

STORAGE SPACE, THE PREMISES, OR PROPERTY STORED IN

THE STORAGE SPACE AND/OR THE PREMISES HAVE BEEN

MADE TO OCCUPANT BY OPERATOR OR OPERATOR’S

AGENTS. OCCUPANT AGREES THAT NEITHER OPERATOR

NOR OPERATOR’S AGENTS OR EMPLOYEES SHALL BE

REQUIRED TO PROVIDE ANY SECURITY PROTECTION TO

OCCUPANT OR THE OCCUPANT’S PROPERTY STORED IN THE

STORAGE SPACE AND/OR ON THE PREMISES. ANY SECURITY

WHICH OPERATOR MAINTAINS IS FOR OPERATOR’S SOLE

USE AND CONVENIENCE AND MAY BE DISCONTINUED BY

OPERATOR AT ANY TIME WITHOUT LIABILITY OR NOTICE

TO OCCUPANT OR ANY OTHER PARTY. THERE SHALL BE NO

LIABILITY TO THE OPERATOR, OPERATOR’S EMPLOYEES OR

AGENTS IN THE EVENT ALARM, VIDEO SYSTEM, OR

SPRINKLER SYSTEM, OR ANY COMPONENTS THEREOF,

SHALL FAIL OR MALFUNCTION. Any video recording devices

are not monitored. THE OPERATOR'S AGENTS', EMPLOYEES',

AND REPRESENTATIVES’ ORAL STATEMENTS DO NOT

CONSTITUTE WARRANTIES. THEIR STATEMENTS CANNOT

BE RELIED UPON BY THE OCCUPANT AND ARE NOT PART OF

THIS AGREEMENT. The entire agreement and understanding of the

Occupant and the Operator are contained in this Agreement and NO

OTHER WARRANTIES are given beyond those contained in this

Agreement. There shall be no liability to the Operator, the Operator’s

employees or agents in the event alarm, video system, or sprinkler

system, or any components thereof, shall fail or malfunction. Any

video recording devices are not monitored. The parties hereto agree

that the IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE and all other warranties,

express or implied, ARE EXCLUDED from this transaction and shall

not apply to the Storage Space and the Premises referred to herein. It is

further understood and agreed that Occupant has been given an

opportunity to inspect, and has inspected the Storage Space and the

Premises, and that Occupant accepts the Storage Space and the

Premises AS IS and WITH ALL FAULTS.

23. SEVERABILITY CLAUSE: If any part of this Agreement is

declared invalid, void, or unenforceable, then such decision shall not

affect the validity of any remaining portion, which shall remain in force

and effect as though any invalid, void, or unenforceable part or parts

were not written into this Agreement. This Agreement shall be

construed under and in accordance with the laws of the State of

Alabama.

24. ATTORNEY’S FEES: In the event the Operator 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, Occupant agrees to pay to the Operator all costs, expenses,

and reasonable attorney's fees incurred by the Operator in such action.

25. WAIVER OF TRIAL BY JURY: Occupant and Operator

hereby waive their respective right to trial by jury of any claim or cause

of action arising out of or relating in any way to this Agreement or

Occupant’s use of the Storage Space or the Premises.

26. OCCUPANT’S LOCK: Occupant’s Storage Space must be

locked with Occupant’s lock at all times. Occupant shall provide, at

Occupant’s expense, a lock which the Occupant deems sufficient to

secure the Space. Occupant assumes full responsibility for all persons

who have keys and access to the Storage Space. In the event Occupant

fails to keep a lock on the Storage Space or Occupant’s lock is broken

or damaged, Operator shall have the right, but not the obligation, to

place its lock on the Storage Space provided, however, that in such

event, Operator shall have no liability to Occupant for any loss or

damage whatsoever, and Occupant shall indemnify and hold Operator

harmless from and against any loss, cost, or expense of Operator in

connection with locking the Storage Space, including the cost of the

lock. The fact that the Operator has taken measures to secure the access

to the Storage Space under this paragraph shall not affect any other part

of this Agreement.

27. RELEASE OF INFORMATION: Occupant hereby authorizes

Operator to release any information regarding Occupant and

Occupant’s occupancy as may be required by law or requested by

governmental authorities or agencies, law enforcement agencies or

courts.

28. MILITARY SERVICE: If Occupant or Occupant’s Spouse is in

the military service, Occupant must provide written notice to the

Operator. The Operator will rely on this information to determine the

applicability of the Servicemembers Civil Relief Act. If Occupant is a

Service Member, and Occupant is transferred or deployed overseas on

active duty for a period of 180 days or more, Occupant may notify the

Operator of the transfer or deployment. The Occupant shall provide

written evidence of the transfer or deployment with the notice. Upon

notice, Occupant is entitled to protections under governing law staying

the enforcement of the Operator’s lien.

29. PERSONAL AND FINANCIAL INFORMATION: Operator

does not warrant or guarantee that any personal information (address,

phone number, e-mail address, social security number) or financial

information (credit card, checking account) will not be stolen or

otherwise compromised. Occupant waives and releases any and all

claims or actions against Operator for damages arising from the use of

said information by others.

30. CLIMATE CONTROL: Climate controlled spaces are heated

and cooled depending on outside temperature. These spaces do not

provide constant internal temperature or humidity control. Operator

does not warrant or guarantee temperature or humidity ranges in

the Storage Space due to changes in outside temperature and

humidity. Occupant waives any claim for loss of or damage to stored

property from Operator’s failure to regulate the temperature and

humidity in the Storage Space from any cause whatsoever, including

mold or mildew, even if such damage is caused by the active or passive

acts or omissions or negligence of Operator. Systems that are used to

provide heating and cooling do not have backup power sources. Under

certain circumstances, including, but not limited to, mechanical failure

of heating and/or cooling systems, electrical blackouts and acts of God,

the Storage Space may not be heated or cooled at all.

31. CHANGES: All items of this Agreement, including but without

limitation, the monthly rental rate, conditions of occupancy and other

fees and charges are subject to change at the option of the Operator

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 Operator 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 Operator’s notice and shall thereafter apply to the

occupancy hereunder, whether or not Occupant has agreed to the

change in writing.

32. AGREEMENTS: The Agreement contains the entire agreement

between Operator and Occupant. Occupant understands and agrees that

the Agreement may be modified only in writing signed by Occupant

and an officer of the applicable Operator.

33. TIME TO FILE SUIT: Occupant agrees to file any lawsuit or

other action against the Operator, Operator’s agents or employees

within one year of the event that caused the loss of or damage to

Occupant’s stored property, bodily injury or any other liability.

34. VEHICLES: Vehicles (including, but not limited to, autos,

trucks, trailers, mobile homes, boats, and campers) may not be stored

overnight without permission of the Operator. A charge will be levied

for such overnight vehicle storage. Any vehicle stored will only be

allowed in the Storage Space allocated and referred to in this

Agreement by addendum. Only vehicles with a current license and

inspection tags will be permitted unless otherwise agreed to by the

Operator. In the event that any motor vehicle or boat remains stored in

the Storage Space after termination of the Agreement or upon

Occupant’s default for 60 days, and in addition to all other rights and

remedies available to Operator, Operator is authorized to cause such

property to be removed by a person regularly engaged in the business

of towing, without liability for the costs of removal, transportation or

storage or damages caused by such removal, transportation or storage.

Occupant acknowledges that he or she has personally been given notice

that the property is subject to removal at the Occupant’s expense after

termination of the Agreement or upon Occupant’s default. Operator

shall incur no liability to Occupant for causing the property to be

removed pursuant to this paragraph. If the Occupant is storing any

Vehicles or Watercraft, Occupant will execute an Addendum.

35. PERMISSION TO COMMUNICATE: Occupant recognizes

that Operator and Occupant are entering into a business relationship as

Operator and Occupant. As such, Occupant hereby consents to

Operator phoning, faxing, e-mailing, texting (including automated calls

and texts) and using social media to communicate with Occupant with

marketing and/or other business-related communications, including

collection notices, and that these conditions are related to the business

relationship. Occupant specifically consents to receiving text

messages from Operator at the cell phone number provided by

Occupant in this Agreement or at any other cell phone numbers

provided by Occupant to Operator. Texts from Operator to

Occupant may provide alerts regarding the Occupant’s account

with Operator, Occupant’s tenancy in the Storage Space,

Occupant’s use of the Premises, rental or sales promotions from

Operator, and/or the business relationship between Operator and

Occupant. Occupant understands that text messaging rates will

apply to any messages received from Operator. Occupant

understands that Occupant’s consent to receive these texts is not

required as a condition of entering into this Agreement or

purchasing any goods or services from Operator. Occupant also

understands that Occupant or Operator may revoke this

permission in writing at any time. Occupant agrees not to hold

Operator liable for any electronic messaging charges or fees

generated by this service. Occupant further agrees that in the event

Occupant’s cell phone number changes, Occupant shall inform

Operator of said change or be liable for any fees or charges

incurred.

36. CROSS-COLLATERALIZATION OF STORAGE SPACES:

When Occupant rents more than one Storage Space at this Premises,

the rent is secured by Occupant’s property in all the Storage Spaces

rented. A default by Occupant on any Storage Space shall be

considered a default on all Storage Spaces rented. Operator may

exercise all remedies available to it including denial of access to the

Storage Space and the Premises and sale of the stored property if all

rent and other charges on all Storage Spaces are not paid when due.

37. ARBITRATION: In the event of any claim, dispute or lawsuit by

Occupant against Operator (or Operator against Occupant) arising from

Occupant’s rental or use of the Storage Space or this Agreement, the

claim or lawsuit shall be submitted to binding arbitration upon the

request of either party and the service of that request on the other party.

The parties agree that the arbitration shall be conducted and heard by a

single arbitrator to resolve the claim, dispute or lawsuit. THE

ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL

BASIS AND OCCUPANT AND OPERATOR AGREE NOT TO ACT

AS A CLASS-REPRESENTATIVE OR IN A PRIVATE ATTORNEY

GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT.

Operator will not request to arbitrate any claim, dispute or lawsuit that

Occupant brings in small claims court. However, if such a claim is

transferred, removed or appealed to a different court, Operator may

then choose to arbitrate. The arbitration must be brought within the

time set by the applicable statute of limitations or within two years of

Occupant vacating the premises, whichever occurs first. The Federal

Arbitration Act (FAA) shall govern this arbitration agreement. The

Arbitration shall be conducted by National Arbitration and

Mediation (NAM) under its Comprehensive Dispute Resolution

Rules and Procedures for the Self-Storage Industry. The NAM

arbitration rules and procedures may be found www.namadr.com.

Occupant understands that Occupant is entitled to a judicial

adjudication of disputes with the Operator with respect to this

Agreement and is waiving that right. The parties are aware of the

limited circumstances under which a challenge to an arbitration award

may be made and agree to those limitations. Operator and Occupant

stipulate and agree that they have had sufficient time and opportunity to

consider the implications of their decision to arbitrate and that this

addendum concerning arbitration represents a voluntary choice after

due consideration of the consequences of entering into this addendum.

IF OPERATOR CHOOSES ARBITRATION, OCCUPANT SHALL

NOT HAVE THE RIGHT TO LITIGATE SUCH CLAIM OR

LAWSUIT IN COURT OR TO HAVE A JURY TRIAL. OCCUPANT

IS ALSO GIVING UP OCCUPANT’S RIGHT TO PARTICIPATE IN

A CLASS ACTION OR OTHER COLLECTIVE ACTION LAWSUIT

OR ARBITRATION.

38. OCCUPANT’S LIABILITY: In the event of a foreclosure of the

Occupant's interest in the Storage Space, it is understood and agreed

that the liability of the Occupant for the rents, charges, costs and

expenses provided for in this Agreement shall not be relinquished,

diminished or extinguished prior to payment in full. The Operator 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 Operator

may dispose of said property in any manner considered appropriate by

the Operator.

39. ACCESS TO STORAGE SPACE AND PREMISES DUE TO

EMERGENCIES/WEATHER: Operator reserves the right to deny

access to the Storage Space and/or the Premises to all occupants due to

federal, state, or local emergencies or due to inclement weather.

Operator shall incur no liability to Occupant for the denial of

Occupant’s access to the Storage Space and/or Premises due to federal,

state, or local emergencies or inclement weather.

40. CONDUCT: Occupant and Occupant’s guests and invitees shall

behave, conduct themselves, and communicate with Operator,

Operator’s employees and agents, and other occupants in a

professional, businesslike manner while at the Premises. Abusive or

harassing language or conduct by Occupant or Occupant’s guests or

invitees is a breach of this Agreement. If any provision of this

paragraph is violated, Operator shall have the right to immediately

terminate this Agreement (including denial of vehicle gate access to the

Premises and denial of access to the Storage Space) and to exercise any

other remedies provided at law or in equity, including immediate

removal of Occupant’s property from the Storage Space and the

Premises.

41. OPERATORS EMPLOYEES: Should any of Operator&#3s

employees perform any services for Occupant at Occupant's request,

such employees shall be deemed to be the agent of the Occupant,

regardless of whether payment for such services is made or not, and

Occupant agrees to indemnify and hold Operator harmless from all

costs, expenses or liability in connection with or arising, directly or

indirectly, from such services performed by employee of Operator.

Notwithstanding that Operator shall not be liable for such occurrences;

Occupant agrees to notify Operator immediately upon the occurrence of

any injury, damage or loss suffered by the Occupant or other persons

on or within the Premises.

42. ACCEPTANCE: Occupant agrees that any reference in this

Agreement to a writing or written form may be fulfilled through an

electronic record, including an electronic signature, which shall have

the same legal force, effect and enforceability as if it was made in a

non-electronic form. Additionally, the Agreement may be executed by

oral confirmation of the terms and conditions included in the

Agreement. If electronic or oral acceptance is used, Occupant

understands and agrees that Occupant is consenting to be legally bound

by the terms and conditions of the Agreement as if Occupant signed the

Agreement in writing. Occupant agrees that no certification authority or

other third-party verification is necessary to validate their acceptance

and that the lack of such certification or third-party verification will not

in any way affect the enforceability of the acceptance or any resulting

agreement between Occupant and Operator.

THE TERMS AND CONDITIONS OF THE AGREEMENT,

INCLUDING RENTAL RATE AND OTHER CHARGES, ARE

SUBJECT TO CHANGE UPON 30 DAYS’ WRITTEN NOTICE

DELIVERED TO THE LAST KNOWN ADDRESS OF THE

OCCUPANT

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