Terms and Conditions

At New Bern Hometown Storage we provide Safe, easy Self Storage for your home, business, boat or RV. To protect your property and ours, all renters are required to abide the following, terms and conditions of occupancy.

STORAGE RULES:

a.    Occupant MAY NOT STORE under any circumstances the following: Any living creature or organism, or any dead animal or other carcass; gasoline, oil, fuel, grease, anti-freeze, or flammable chemicals; explosives, fireworks, or ammunition; explosive, toxic, poisonous, or hazardous materials or waste; asbestos or asbestos-containing construction materials; lawn debris (grass clippings, brush, etc.); construction debris, tires, oil, or batteries, whether new or used; items having a noxious smell in Lessor's sole judgment; marijuana and/or controlled substances; operating phones; prohibited weapons under North Carolina law; or stolen property, and items illegal for self storage under any law.

b.    Occupant MAY NOT STORE any of the following: gasoline cans or similar containers for combustible fuel; liquid propane tanks, oxygen tanks, or similar containers; or food, fertilizers, pesticides, or items which are wet and could mildew. All fuel-driven equipment must be stored with the fuel tanks empty.

c.     Occupant MAY NOT USE the Space or any portion of the Facility for the following: lodging, sleeping, cooking, or consumption of alcoholic beverages; garage sale, flea market, or direct sales from the Space; parties, gatherings, meetings for any purpose, or building floats; business office or full-time work area; sanding, painting, welding, soldering, or operating power equipment; practicing or playing musical instruments (individual or group); any use that violates zoning, fire, or criminal codes or other laws; or activities classified as a nuisance in Lessor's sole judgment.

d.    Occupant MAY NOT DO any of the following:  alter, paint, or deface any part of the Space or Facility; put weight on or attach anything to structural elements; put holes in floors or other parts of the leased Space; have a visible sign or install an alarm system in or on the Space; or modify electrical service or use electricity for other than lights.

e.    LESSOR MAY EXCLUDE any person who is damaging property of others, disturbing the peace, or otherwise violating criminal laws. Additionally, if Occupant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Lessor to deny access to Occupant to all rented Spaces.

f.     All persons must comply with posted signs that are plainly visible. Animals must be kept inside vehicles. Exceptions are guide dogs for disabled persons, service animals, emotional support/therapy animals, and animals of Lessor or Lessor's staff.  Please do not ask staff to help load, unload, or move anything. Lessor's employees are prohibited from doing manual labor for Occupants because of risk of injury and insurance considerations. All persons must wear footwear to prevent injuries. Anything affixed to walls, ceiling, or other parts of the Space without Lessor's consent becomes the property of Lessor, at Lessor's option. Occupant will be liable for reasonable charges for removing unlawfully attached property, repairing any damage, and removing trash in areas left by Occupant, Occupant's family or contractors. Bicycling, skateboarding, roller skating, or other recreational activities are PROHIBITED in the Facility.

g.    Lessor may require any person entering the Facility to sign in. Lessor may require any person in the Facility to show such person's current driver's license or other governmental ID card, with photograph. Lessor may exclude from the Facility any person failing to identify themselves with such ID cards.

h.    Occupant and Occupant's employees, agents, guests, and families: must NOT exceed five-mile per hour speed limit inside Facility; must NOT block traffic or prevent vehicles from entering or exiting; must NOT leave vehicles or other items in common areas unattended; must NOT park vehicles in fire lanes or in marked no-parking areas; must NOT work in driveways, parking spaces, or common areas; must NOT change oil or fluids in vehicles or discharge liquids of any kind in spaces or common areas; must NOT litter halls, driveways, parking areas, or dumpster areas; must NOT block access to dumpsters; must NOT use any dumpsters for disposal of items which may not be stored in Occupant's Space under these rules; must NOT use any dumpsters for off-site refuse; must NOT disturb other Occupants.

i.      Anything subject to licensure (autos, vans, trucks, motorcycles, boats, trailers, etc.) parked in violation of the above may be towed at Occupant’s expense. All other property left unattended outside of the Space for more than 12 hours may be disposed of at Lessor's option.

THIS RENTAL AGREEMENT, (hereinafter referred to as the "Agreement"), is made and entered into as of the above set forth date (the "Rental Agreement Date"), by and between, New Bern Hometown Storage LLC (hereinafter referred to as the "Lessor") and the Occupant identified above, (hereinafter referred to as the "Occupant") whose last known address is set for the above. For the consideration provided for in this Agreement the Occupant agrees to rent from the Lessor, and the Lessor agrees to let the Occupant use and occupy the storage space listed above (hereinafter referred to as the "Space") in the self service storage facility located in Craven County, North Carolina (hereinafter referred to as the "Facility"). "Space" as used in this Agreement means that part of the self-service storage facility described above. Such Space shall be occupied only for the purposes specified in this Agreement and at all times shall be subject to the terms and conditions hereof. Such right of occupancy shall commence on the Rental Agreement date listed above and shall continue month to month until terminated.

1. RENT: The Occupant agrees to pay the Lessor, for the use of the Space, the monthly sum listed above as the Monthly Rate, commencing on the earlier of the Rental Date or date of contract already in force, and continuing on the first (1st) day of each subsequent calendar month of the term of this Rental Agreement (“Due Date”).  Occupant acknowledges that such stated Monthly Rate may be increased by Lessor, at any time and by any amount, upon written notice to Occupant of such increase. Monthly installments are payable on or before the Due Date of each month and for each month thereafter, until the termination of this Agreement online at www.NewBernHometownStorage.com, by mailing payment to 3537 M L King Jr Blvd #224, New Bern NC 28562 (or to such other place as Lessor shall designate in writing). Note: Payments sent by postal mail will incur physical check processing fee of $10. Payment is not deemed to have been made until receipt is confirmed by Lessor. If any monthly installment is not paid within five (5) days after its due date, or if any payment is dishonored, Occupant shall be deemed to be in default. Additionally, Occupant may, in Lessor’s discretion, be deemed to be in default if Occupant fails to timely perform or observe any terms or conditions of this Rental Agreement.  Upon default Lessor may, without notice, deny the Occupant access to the property located in the Facility.Occupant's property will be sold at public auction if Occupant fails to pay all sums due to Lessor to cure its default. Occupant agrees and understands that partial payments made to cure a default for non-payment of rent will not delay or stop the Lessor's enforcement of lien and sale of Occupant's property. Partial payments do not waive or avoid the legal effect of prior notices given to Occupant. Only full payment on Occupant's account, including all expenses incurred by Lessor in enforcing Lessor’s rights prior to the date and time of the auction will stop the scheduled sale of the property. Subject to the terms hereof, and at Lessor’s option, rental payments and other charges can be made by personal or business check, e-check, traveler’s checks, money order and credit card/debit card. In the case of payment by personal check, payment shall not be deemed received until five (5) business days after the date such personal check is presented. NO INVOICES will be provided by Lessor. Occupant's obligations are not contingent on receiving invoices. Any invoices from Lessor are sent as a courtesy only.

2. FEES: Lessee shall pay the non-refundable administration fee indicated above upon executing this agreement. In the event of a dishonored bank check or credit/debit card payment from Occupant to Lessor, Occupant agrees to pay Lessor a $39.00 RETURNED CHECK/CC DECLINATION FEE plus any actual bank service fees charged to Lessor for the dishonored bank check or credit/debit card payment from Occupant to Lessor as liquidated damages to defray administrative expenses incurred by Lessor. OCCUPANT AGREES THAT PAYMENTS RECEIVED AFTER THE 5TH DAY AFTER THE DUE DATE ARE SUBJECT TO A LATE FEE OF $15.00 or 15% OF THE MONTHLY RENTAL PAYMENT, WHICHEVER IS GREATER. If Occupant is in default and Lessor sends Occupant a lien notice pursuant to N.C. Gen. Stat. Ann. § 44A-43, Occupant shallbe assessed the LIEN FEE set forth above, along with all collection, auction preparation, advertising and other charges incurred by Lessor in connection with the sale or proposed sale to dispose of the Space’s contents, which sale shall conform to the requirements of North Carolina law. 

3. 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 Rental Agreement. The Occupant’s breach of the peace shall also constitute a default hereunder.

4. DENIAL OF ACCESS:  When rent or other charges remain unpaid for five (5) or more days, Lessor may deny Occupant access to the Space. Lessor 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.Occupant’s access to the Space may also be conditioned in any manner deemed reasonably necessary by Lessor to maintain order at the Facility. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Occupant’s identity, and inspecting vehicles that enter the premises. Additionally, if Occupant is renting more than one Space at the Facility at any given time, default on one rented Space shall entitle Lessor to deny access to Occupant to all rented Spaces as the Spaces are cross-collateralized.No bailment or higher level of liability is created if Lessor over-locks the Occupant’s lock, thereby denying the Occupant access to the Space. If Lessor terminates this Agreement as provided for herein, Lessor has the right to deny vehicle access entry to the Facility during the termination period and control Occupant’s access on the Facility, including, but not limited to, requiring Occupant to be escorted by Lessor’s agents or employees while at the Facility.

5. USE AND COMPLIANCE WITH LAW: Lessor is not providing any services to Occupant pursuant to this Agreement other than renting the Space to the Occupant. The Space named herein is to be used by the Occupant solely for the purpose of storing any personal property belonging to the Occupant. The Occupant agrees not to store any explosives, or any flammable, odorous, perishable, noxious, corrosive, and hazardous or pollutant materials or any other goods in the Space, which would cause danger or nuisance to the Space, adjoining units or to the Facility. Lessor, at Occupant’s sole expense, may enter the Space at any time to remove and dispose of prohibited items. The Occupant agrees that neither the Space, nor any part of the Facility, will be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code.  Occupant shall maintain its Space in a good, clean condition and agrees not to commit waste, nor to create a nuisance or condition that would be disruptive or disturbing to other Occupants or Lessor. Occupant shall not alter or affix signs on the Space, and will keep the Space in good condition during the term of the Agreement. The Occupant agrees not to store jewels, furs, antiques, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the Occupant.  The Occupant hereby waives any claim for sentimental value for the Occupant's emotional attachment to any property that is stored in the Space or at the Facility.  Lessor strictly prohibits the use of the Space for habitation by humans or pets of any kind for any period whatsoever. The storage of food or any perishable goods as well as any cooking or heating in the Space is strictly prohibited. The Occupant will indemnify and hold the Lessor harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorneys’ fees arising from the Occupant’s lease of the Space and use of the Facility or from any activity, work or thing done, permitted or suffered by the Occupant in the Space or on or about the Facility. Unless otherwise agreed to in writing with Lessor, Occupant agrees not to conduct any business out of the Space and further agrees that the Space is not to be used for any type of workshop, for any type of repairs, or for any sales, renovations, decoration, painting, or other contracting. Without limiting the foregoing, Occupant shall not (and shall not permit any person to) use the 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. Violation of any provision in this paragraph shall be grounds for immediate termination of this Agreement.

6. LIMITATION OF VALUE: Occupant agrees that in no event shall the total value of all property stored be deemed to exceed $5,000.00 unless Lessor has given permission in writing for Occupant to store property exceeding $5,000.00 in value.  Lessor may require, among other things, that Occupant provide proof of insurance in such amount to cover the value of the stored property.  OCCUPANT AGREES THAT THE MAXIMUM VALUE FOR ANY CLAIM OR SUIT BY OCCUPANT, INCLUDING BUT NOT LIMITED TO ANY SUIT WHICH ALLEGES WRONGFUL OR IMPROPER FORECLOSURE OR SALE OF THE CONTENTS OF A SELF STORAGE UNIT IS $5,000.00. Nothing in this section shall be deemed to create any liability on the part of Lessor to Occupant for any loss or damage to Occupant's property, regardless of cause.

7. NONLIABILITY AND OCCUPANT’S RISK OF LOSS: NO BAILMENT IS CREATED BY THIS AGREEMENT. LESSOR IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE. THE EXCLUSIVE CARE, CUSTODY AND CONTROL OF ANY AND ALL PERSONAL PROPERTY STORED IN THE LEASED SPACE SHALL REMAIN VESTED IN THE OCCUPANT, AND ALL PROPERTY STORED WITHIN OR ON THE SPACE BY OCCUPANT OR LOCATED AT THE FACILITY BY ANYONE SHALL BE STORED AT OCCUPANT'S SOLE RISK.  Lessor is not a bailee and has no safekeeping duties for Occupant's property at any time under any circumstances. In this Agreement, "Occupant's property" and "contents" mean all contents that have been stored in the Space or brought onto the property by Occupant or others. Lessor and Lessor's agents and employees shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause, except the gross negligence or willful misconduct of Lessor, including, but not limited to BURGLARY, MYSTERIOUS DISAPPEARANCE, FIRE, SMOKE, DUST, WATER, MOLD, MILDEW, VANDALISM, WEATHER, INSECTS, RODENTS, VERMIN, EXPLOSION, UTILITY INTERRUPTION, EQUIPMENT MALFUNCTION, Acts of God, the active or passive acts or omissions or negligence of the Lessor. 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 Lessor would not have entered into this Agreement.

8. INSURANCE:  OCCUPANT ACKNOWLEDGES AND AGREES THAT LESSOR DOES NOT PROVIDE AND SHALL NOT PROVIDE ANY INSURANCE AGAINST ANY INJURY OR DAMAGE TO OCCUPANT, OCCUPANTS GUESTS, INVITEES, AGENTS, REPRESENTATIVES AND EMPLOYEES, NOR ANY OF THE CONTENTS OF OCCUPANT’S SPACE REGARDLESS OF OWNERSHIP OF THE CONTENTS.  If Occupant deems it necessary, Occupant, at Occupant's expense, shall secure its own insurance to protect itself and its property against all perils of whatsoever nature.  Insurance on Occupant's property is a material condition of this Agreement.  Occupant's failure to carry insurance is a breach of this Agreement and Occupant assumes all risk of loss to stored property that would be covered by such insurance. Insurance carried by the Lessor shall be for the sole benefit of the Lessor and Occupant shall make no claim whatsoever against Lessor's insurance. Occupant agrees not to subrogate against or allow Occupant's insurance company to subrogate against Lessor in the event of loss or damage of any kind or from any cause.

9. INDEMNIFICATION OF LESSOR: Occupant will indemnify and hold the Lessor harmless from and against any and all manner of claims for damages or lost property or personal injury and costs, including attorney's fees, arising from Occupant's lease of the Space in the Facility and from any activity or work done in the Space, or item stored in the Space. regardless of whether such loss or damage is caused by negligence of third parties or acts of God. In the event of emergency or impending peril or if the Space is damaged or destroyed by fire or other casualty, Lessor shall have the right to remove the contents of the Space and store it at the Occupant's sole cost and expenses without liability for any loss or damage whatsoever, and Occupant shall forthwith be notified of such action by Lessor.  Occupant shall indemnify and hold Lessor harmless from and against any loss, cost, or expense of Lessor in connection with such removal and storage. Should any of Lessor's employees perform any services for Occupant at Occupant's request, such employee 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 Lessor harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Lessor.  Notwithstanding that Lessor shall not be liable for such occurrence, Occupant agrees to notify Lessor immediately upon the occurrence of any injury, damage, or loss suffered by Occupant or other person in any of such circumstances.

10. PERSONAL INJURY: Lessor and Lessor's agents and employees shall not be liable whatsoever to any extent to Occupant or Occupant's invitees, family, employees, agents or servants for any personal injury, death, or property damage or loss arising from Occupants use of the Space or the Property from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Lessor, Lessor's agents, or employees.

11. LESSOR’S LIEN: ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD TO SATISFY THE LESSOR’S LIEN IF OCCUPANT IS IN DEFAULT AS PROVIDED IN SECTION 44A-40 THROUGH 44A-46, NORTH CAROLINA REVISED STATUTES.

a.    Lessor shall have a lien on all personal property stored at the Facility for rent, expenses necessary for the preservation of the personal property, and expenses reasonably incurred in the sale or other disposition of the personal property pursuant to Chapter 44A-40 through 44A-46 of the North Carolina Statutes.  The lien attaches as of the date such personal property is brought to the Facility and is superior to any other lien or security interest, except those that are perfected at the time the Occupant stored the property at the Facility.  If Occupant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Occupant, Occupant will be considered in default.

b.    If rent and other charges remain unpaid or unsatisfied for fifteen (15) or more days, Lessor may enforce its lien on the personal property stored in the Space pursuant to Chapter 44A-40 through 44A-46 of the North Carolina Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Lessor, postage amounts for mail providing notification of late charges and auctions, expenses necessary for the preservation of the personal property stored on the leased premises, and the expenses incurred in the sale or other disposition of said personal property pursuant to law.  Lessor will cut the locks on Occupant’s Space and may remove any and all personal property located within said space for the purpose of selling same.  Lessor will first attempt to sell any or all said personal property at public sale.  If any property in the Space remains unsold after foreclosure and sale, lessor may dispose of said property in any manner consistent with North Carolina Law and considered appropriate by Lessor. Lessor 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 Lessor’s lien. Occupant consents to the use of on-line auction services. The following publicly available website (or other website specified by the Lessor by written notice to Occupant) may be used by the Lessor to advertise any public sale of your property as provided by law: https://www.ncssaonline.org/aws/NCSSA/pt/sp/auction_calendar

c.     If the property upon which the lien is claimed is a vehicle, watercraft or trailer, and rent and other charges related to the property remain unpaid or unsatisfied for sixty (60) days following the maturity of the obligation to pay rent, the Lessor may have the property towed from the Facility.  If Occupant is storing a motor vehicle, and Lessor is required to report such sale to the Division of Motor Vehicles, Occupant shall pay an additional twenty-five dollar ($25) administrative fee, which is the reasonable cost incurred by Lessor with respect to Lessor’s obligations to report such sale to the Division of Motor Vehicles, together with all fees charged by the Division of Motor Vehicles.

12. OCCUPANT’S LIABILITY: 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 rental 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. Lessor may use a collection agency thereafter to secure any remaining balance owed by Occupant after the application of sale proceeds if any. If any property remains unsold after foreclosure and sale, lessor may dispose of said property in any manner consistent with North Carolina Law and considered appropriate by Lessor.  Occupant hereby waives and renounces its right to the benefit of any constitutional or statutory exemptions as to its property in the Space.

13. CONDITION AND ALTERATION OF PREMISES: Occupant assumes responsibility for having examined the Space and the Facility and hereby accepts them as being in good order and condition and agrees to pay Lessor promptly for any repairs to the Space and/or Facility resulting from negligence or misuse by the Occupant, Occupant's invitees, licensees and guests. Occupant may not modify, alter, paint, deface, or put holes in the walls, floors, or ceilings of the Space or Facility, in any manner without prior written consent of Lessor. Occupant understands that all storage unit sizes are approximate and enters into this Agreement without reliance on the estimated size of the Space. Should Occupant damage or depreciate the Space or the Facility, or make alterations or improvements without the prior written consent of the Lessor, or require the Lessor to incur costs to clean or repair the Space of Facility upon termination, then all costs necessary to restore the Space and/or the Facility to its prior condition shall be borne by Occupant. Lessor has the right to declare any such costs to repair as “rent” and non-payment of said costs will entitle Lessor to deny Occupant access to the Space.

14. TERMINATION: This Agreement shall continue from month to month until written notice of termination is provided by either party. The tenancy created by this Agreement may be terminated by either party giving the other party at least thirty (30) days’ written notice of such termination. Additionally, if the Occupant or Occupant's invitees, licensees, or guests breaches this Agreement, breaches the peace, or there is evidence of illegal or criminal activity on the part of Occupant or Occupant's invitees, licensees or guests, Lessor may immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) effective upon written notice to Occupant. Lessor may also immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) if Occupant creates a nuisance or is engaged in disruptive or other Lessor-prohibited behavior that threatens the safety of other occupants and/or the preservation of the Facility. Upon termination of this Agreement, Occupant shall remove all personal property from the Space unless such property is subject to the Lessor’s lien rights as referenced herein) and shall deliver possession of the Space to the Lessor prior to the Due Date of the succeeding month’s rent unless such property is subject to Lessor's lien rights as referenced in this Rental Agreement. Lessor may dispose of any property left in the Space or in the Facility by Occupant after Occupant has terminated his or her tenancy. Occupant shall be responsible for paying all costs incurred by Lessor in disposing of such property, including but not limited to a minimum CLEANING FEE as set forth above. Occupant must leave Space empty, in good condition, broom clean, and unlocked. Rent and fees will continue to accrue if Occupant fails to remove personal lock. Occupant is responsible for any damage to the Space or to the Facility.

15. ATTORNEY’S FEES:  In the event the Lessor retains the services of an attorney to recover any sums due under this Rental 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 Lessor the reasonable costs, expenses, and attorney’s fees incurred in any such action.

16. ABANDONMENT: This Agreement shall automatically terminate if Occupant abandons the Space(s). Occupant shall have abandoned the Space if Occupant has removed Occupant's locking device from the Space and IS NOT current in all obligations hereunder. Rent paid for month in which Occupant moves out early shall not be refunded. Abandonment shall allow the Lessor to remove all contents of the Space for disposal. Occupant hereby waives and releases any claims or actions against Lessor for disposal of personal property resulting from Occupant’s abandonment.

17. LESSOR'S RIGHT TO ENTER: Lessor may cut the lock and enter the Space for the purposes of inspection without prior notice to Occupant whenever Lessor believes that any hazardous condition or nuisance has been created, or is occurring in the Space, or in any situation constituting an emergency, or for repairs to the interior or door, or inspections by governmental authorities. In the event any inspection discloses any stored property or any condition in violation of any provision of this agreement, then Lessor may immediately remove and dispose of such property, and take action to remedy such condition, without notice to Occupant, and at Occupant's expense.

18. MILITARY STATUS: In order to comply with SERVICE MEMBERS CIVIL RELIEF ACT it is Occupant’s obligation to notify the Lessor in writing that Occupant and any Occupant family member storing goods at the Facility are in active military service, in order to determine Occupant’s qualifications under this Act. If Occupant’s military status or Occupant’s family member’s military status changes, Occupant is required to notify the Lessor in writing of this change immediately.

19. ASSIGNMENT AND SUBLETTING: Occupant shall not assign this Agreement or sublet the whole or any portion of the Space rented hereunder.

20. WAIVER/ENFORCEABILITY: In the event any part of this Agreement shall be held invalid or unenforceable the remaining part of this Rental Agreement shall be in full force and effect as though any invalid or unenforceable part or parts were not written into this Agreement. No waiver by Lessor of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Occupant of the same or any other provision.

21. SUCCESSION: This Agreement is binding upon the parties, their heirs, successors and assigns.

22. GOVERNING LAW: This Agreement and any actions between the parties shall be governed by North Carolina law.

23. WAIVER OF JURY TRIAL: Lessor and Occupant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by either Lessor against Occupant, or Occupant against Lessor on any matter arising out of or in any way connected with this Rental Agreement, Occupant's use or occupancy of the Space, or any claim of bodily injury or property damage or the enforcement of any remedy under any law, statute, or regulation. 

24. 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. Occupant understands and agrees that this Agreement may be modified only in writing. No expressed or implied warranties, guarantees, or representations are given by Lessor, Lessor's agents or employees as to the suitability of the Space for Occupant's intended use or the nature, condition, safety, or security of the Facility, the Space, and/or the property in the Space. The agents and employees of Lessor are not authorized to make warranties about the Space, premises, property, and Facility referred to in this Agreement. Lessor's agents and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Occupant nor shall any of said statements be considered a part of the Agreement. The entire Agreement and understanding of the parties hereto is embodied in this writing and NO OTHER WARRANTIES are given beyond those set forth in this Agreement. No promises or representations of safety or security have been made to Occupant by the Lessor, the Lessor’s employees or agents. There shall be no liability to the Lessor, the Lessor’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 AND DISCLAIMED from this transaction and shall not apply to the Space, premises, property, and Facility referred to herein. It is further understood and agreed that Occupant accepts such Space, premises, property, and Facility AS IS and WITH ALL FAULTS.

25. RULES AND REGULATIONS: Occupant agrees to be bound by the Rules and Regulations as posted by the Lessor from time to time at the Office of the Facility, or such other place in the Facility where such notices are normally posted. All Rules and regulations shall be deemed to be part of this agreement and incorporated herein.

26. Notices from Lessor:  All notices from Lessor shall be sent by first class mail postage prepaid to Occupant’s last known address or to the electronic mail address provided by the Occupant in this Rental Agreement.  Notices shall be deemed delivered when deposited with the U. S. Postal Service or when sent by electronic mail.  All statutory notices shall be sent as required by law. If Occupant has provided the Lessor with an electronic address, the Lessor may communicate with Occupant and provide Occupant with any written notices authorized or required under this Agreement or by applicable law via electronic mail.

27. Notices from Occupant:Occupant represents and warrants that the information Occupant has supplied in this Rental Agreement is true, accurate and correct and Occupant understands that Lessor is relying on Occupant’s representations.  Occupant agrees to give written notice to Lessor of any change in Occupant’s address, any change in the liens and secured interest on Occupant’s property in the Space and any removal or addition of property to or out of the Space within ten (10) days of the change. Occupant understands he must personally deliver such notice to Lessor or mail the notice by certified mail, return receipt requested, with postage prepaid to Lessor at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Lessor.

28. CHANGES: The terms of this Agreement such as monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice. If changed, the Occupant may terminate this Agreement on the effective date of the change by giving Lessor ten (10) days prior written notice to terminate after receiving notice of the change. If the Occupant does not give such notice, either in person, by email or by first class mail the change shall become effective and apply to his occupancy.

29. OCCUPANT'S LOCK: Space shall be immediately locked by Occupant upon execution of the agreement. Only one lock shall be permitted. Occupant shall not provide Lessor or Lessor's agents with a key and/or combination to Occupant's lock unless deliveries are to be accepted by Lessor on Occupant's behalf and signed waiver of indemnification to lessor is provided. In the event Occupant fails to keep such a lock on the Space or Occupant's lock is broken or damaged, Lessor shall have the right, but not the obligation, to place its lock on the Space provided however; that in such event Lessor, shall have no liability to Occupant for any loss or damage whatsoever, and Occupant shall indemnify and hold Lessor harmless from and against any loss, cost or expense of Lessor in connection with locking the Space, including the cost of the lock. 

30. ACCESS: In Lessor's sole discretion, Occupant's access to the premises may be conditioned in any manner deemed reasonably necessary by Lessor.  Such measures may include, but are not limited to, limiting hours of operation, requiring verification of Occupant's identity, and requiring Occupant to sign in and out upon entering and leaving the premises. Access will be limited to those Occupants and authorized users listed on this rental agreement unless the user has an access code and key to the Space which shall be considered valid evidence that the possessor is duly authorized to enter and remove contents from any Space provided under this agreement. Lessor reserves the right to deny access to the Space and/or the Facility to all occupants due to federal, state, or local emergencies or due to inclement weather. Lessor shall incur no liability to Occupant for the denial of Occupant’s access to the Space and/or Facility due to federal, state, or local emergencies or inclement weather.

31. LAW ENFORCEMENT DIRECTIVES:Occupant hereby authorizes Lessor 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. Upon presentation of a search warrant by a health or law officer, Lessor may open the Space or allow such officer to open the Space for inspection by such officer; and such officer may lock the Space (if the Space is lockable). Lessor may also lock the Space (if the Space is lockable) but is not required to do so.

32. PERSONAL AND FINANCIAL INFORMATION:  Lessor 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 Lessor for damages arising from the use of said information by others.

33. CLIMATE CONTROL:  Climate controlled spaces are heated and cooled depending on outside temperature. These spaces do not provide constant internal temperature or humidity control. Lessor does not warrant or guarantee temperature or humidity ranges in the Space due to changes in outside temperature and humidity. Lessor is not liable for the growth of mold or mildew on stored property. To help avoid mold and mildew, personal property should be stored off the floor by using pallets or shelves, and goods susceptible to mold should be stored away from the walls of the Space. 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, material shortages, electrical and/or utility blackouts, brownouts, acts of God, extreme weather conditions, damage to building from other hazards, the temperature of the Space may not be heated or cooled at all.

34. PERMISSION TO COMMUNICATE:  Occupant recognizes Lessor and Occupant are entering to a business relationship as Lessor and Occupant.  As such, Occupant hereby consents to Lessor phoning, faxing, e-mailing and texting Occupant (including automated calls and texts) as well as using social media to send with marketing and/or other business‑related communications. Occupant specifically consents to receiving text messages from Lessor at the cell phone number provided by Occupant in this Agreement or at any other cell phone numbers provided by Occupant to Lessor. Texts from Lessor to Occupant may provide alerts regarding the Occupant’s account with Lessor, Occupant’s tenancy in the Space, Occupant’s use of the Facility, rental or sales promotions from Lessor, and/or the business relationship between Lessor and Occupant. Occupant understands that text messaging rates will apply to any messages received from Lessor. 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 Lessor. Occupant also understands that Occupant or Lessor may revoke this permission in writing at any time. Occupant agrees not to hold Lessor 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 Lessor of said change or be liable for any fees or charges incurred.

35. RELEASE OF INFORMATION: Occupant hereby authorizes Lessor to release any information regarding Occupant and Occupant’s occupancy as may be required by law or requested by governmental authorities, law enforcement agencies or courts.

36. VEHICLES: Vehicles (including, but not limited to autos, trucks, trailers, mobile homes, boats, and campers) may not be stored overnight without permission of the Lessor. A charge will be levied for such overnight vehicle storage. Any vehicle stored will only be allowed in the 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 Lessor. In the event that any motor vehicle or boat remains stored in the 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 Lessor, Lessor 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. Lessor shall incur no liability to Occupant for causing the property to be removed pursuant to this paragraph.

37. Arbitration: In the event of any claim, dispute or lawsuit by Occupant against Lessor (or Lessor against Occupant) arising from Occupant’s rental or use of the storage space or this Rental 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 LESSOR AGREE NOT TO ACT AS A CLASS-REPRESENTATIVE OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN ANY CLAIM, DISPUTE OR LAWSUIT. Lessor 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, Lessor 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 Lessor 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.  Lessor 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 LESSOR 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. Conduct: Occupant will conduct and communicate in a professional, businesslike manner while at the Facility. Abusive or harassing language or conduct by Occupant is a breach of this Agreement, entitling Lessor to immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Occupant’s property from the Space and Facility. If Occupant authorizes another person to enter the Facility and/or Space on Occupant’s behalf or is at the Facility with the Occupant, then such person(s) shall also comply with this section and all other provisions of this Agreement or rules and regulations relating to conduct at the Facility.  Occupant shall be responsible for the conduct of such person(s) who Occupant authorizes to enter the Facility and/or Space or are at the Facility with the Occupant. Lessor shall be entitled to assume that any such person’s possession of a key to the Space and gate code to the Facility is evidence of authority to enter Occupant’s Space. If any provision of this Paragraph is violated, Lessor shall have the right to immediately terminate this Agreement (including denial of vehicle gate access to the Facility and denial of access to the Space) and to exercise any other remedies provided at law or in equity, including immediate removal of Occupant’s property from the Space and Facility.

39. Electronic Signature: 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. If not signed with an original signature below and electronic signature is used, Occupant understands and agrees that Occupant is consenting to be legally bound by the terms and conditions of this Agreement as if Occupant signed this Agreement in writing. Occupant agrees that no certification authority or other third-party verification is necessary to validate their e-signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of the e- signature or any resulting agreement between Occupant and Lessor. Additionally, Occupant certifies that he/she is age 18 or above.

40. NCSSA MEMBERSHIP: Lessor represents that Lessor or Lessor's management company is, at the time of signing this Agreement, a member of the North Carolina Self Storage Association. If not, Lessor will be in violation of the Federal and State copyright Laws. Persons violating NCSSA's copyright by reproducing this form in any way without authority will be prosecuted. This Agreement is valid only in North Carolina. NCSSA copyright insignia must be located on lease.