Application

1.Term: The Owner agrees to rent to Occupant that certain storage space designated above as Leased unit (“Unit”) subject to the terms and conditions of this Agreement. Owner and Occupant agree that rental period shall be for one month commencing on the 1st day of each month and end on the last day of each month and continuing month-to-month only, until terminated. The Unit is clean and undamaged upon Occupant occupancy unless otherwise noted on a signed addendum to the agreement. Occupant agrees to disclose to the Owner any lien holder with an interest in the personal property stored in the unit. Owner reserves the right to revise any part of this Agreement, or cancel it, with 30 days advance notice to Occupant. Said revised Agreement shall not require Occupants signature to become effective. Occupant agrees not to assign this lease nor make any alterations upon the leased premises without first obtaining written permission from the owner.

2.Rent: Occupant shall pay Owner a MONTHLY RENT as indicated above on the 1st day of each month (“Rental payment due date”). Rent for the first month of occupancy will not be prorated on a daily basis. All rent is paid in advance from date agreement is executed. There will be no proration for the last month of occupancy. Occupant understands that rent must be paid in full each month and that Owner does not accept partial payments. Owner reserves the right to change the rental rate charged at the initial term of this Agreement with 30 days advance notice to Occupant.

3.Payment: Payment of monthly rent and other charges permitted by this Agreement shall be made on time. Check payment can be made payable to Westside Storage and mailed to 1413 West G St. Elizabethton, TN 37643. No bills or statements are sent. Payment may also be made on the premises at the provided secure drop box or by phone with a credit card by calling (423) 542-3306 Other Charges: Occupant agrees to pay applicable late charges as set forth in Service charge schedule listed above in this Agreement. Occupant agrees Late fees apply with or without notice.

4. Lien: Occupant hereby grants owner a lien upon all personal Property located in the occupant’s Leased unit for rent, labor, or other charges, present or future, in relation to the personal property and for the expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition pursuant to T.C.A. Section 66-31-101 ET SQE. Enforcement of the lien herein granted shall be pursuant to T.C.A. Section 66-31-101 ET. SQE.

5. Termination by Occupant (Intent to Vacate): OCCUPANT MUST GIVE OWNER AT LEAST THREE (3) DAYS ADVANCED NOTICE OF TERMINATION OF THIS AGREEMENT. Any prepaid (paid in advance monthly rents) rent for months other than the month vacating will be refunded. Occupant is responsible for all rent and other charges as long as the Occupant’s lock remains on the Unit. Upon vacating, Occupant agrees to surrender the premises with the Unit empty, broom clean, and remove Occupant’s lock from the door. If Occupant fails to empty and clean Unit upon vacating, Occupant will pay any costs the Owner incurs with emptying and cleaning the Unit. Rent and other fees continue to accrue until Occupant’s lock is removed from the Unit. Any day beyond the “rental payment due date” constitutes a renewal of this agreement for an additional month and occupant will be responsible for a full month’s rent.

6. Default: 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 of this Agreement and Owner may bring an action for restitution of the Premises as allowed by Tennessee Law. Furthermore, pursuant to Tennessee law, Owner may deny Occupant access to the storage space by placing owners lock when rent is more than five (5) days past due. If the Occupant does not pay the amount necessary to satisfy the lien and the reasonable expenses incurred by Owner within (15) consecutive days after the rental due date the delivery of a default notice to Occupants last known address, by electronic mail (EMAIL) , text message, or verified mail stating Occupant’s property in or on the premises will be advertised for sale and or otherwise disposed of as allowed by the Tennessee law. The Occupant’s lock will be physically removed at this time and Occupant’s unit will be sealed with an Owner’s lock.

7. Use of Storage Space: Owner is not engaged in the business of storing goods for hire and no bailment is created under this agreement. Owner exercises neither care, custody nor control over Occupant stored property. Occupant agrees to use the storage space only for the storage of property wholly owned by Occupant. Occupant agrees to conduct No work or business of any type at this rental location. Occupant agrees not to live in the storage space or use the space for any illegal purpose. Occupant agrees not to store flammables, stolen property, perishables, guns, ammunition, anything alive or dead. Nothing herein shall constitute any agreement or admission by Owner that Occupant stored property has any value, nor shall anything alter the release of Owner’s liability set forth below.

8. Care of the Premises: Occupant, Occupant’s agents, employees, invitees and/or guest, will maintain the premises in good condition, reasonable wear and tear is expected, and Occupant shall not perform any practices which may injure the building or buildings or be a nuisance or a menace to other Occupants and shall keep the premises under Occupant’s control, including the adjoining corridors and/or driveways, clean and free from rubbish, dirt, and other debris at all times. Rubbish shall be removed by Occupant at Occupant’s expense. Owner is not responsible for removal of goods of any nature.

9. Damage by Occupant: Occupant is responsible for the cost to repair any and all damage to the Unit or facility structure caused by Occupant, Occupant’s agents, employees, invitees and/or guests.

10. Insurance: OWNER DOES NOT PROVIDE INSURANCE FOR STORED GOODS. Occupant is encouraged to obtain a renters insurance policy to cover Occupant while occupying the Premises. Such policy should include personal property coverage for damage / theft, etc. and personal liability coverage to protect Occupant against injury claims from guests, etc.

11. Release of Owners Liability for Property Damage: All personal property stored within or upon the space by Occupant shall be at Occupant’s sole risk. Owner or Owners agents and/or employees shall not be liable for any loss or damage to Occupant’s personal property stored at the self-storage facility arising from any cause whatsoever including, but not limited to, burglary mysterious disappearance, fire, water damage, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the Owner, Owners agents and/or employees.

12. Release of Owners Liability for Bodily Injury: Owner, Owners agents and/or employees shall not be liable to Occupant, Occupant’s agents, employees, invitees and/or guests for injury or death to Occupant, Occupant’s agents, employees, invitees and/or guests as a result of Occupant’s use of storage space or the premises, even if such injury is caused by the active or passive acts or negligence of the Owner, Owners agents and/or employees.

13.Indemnification: Occupant agrees to indemnify, hold harmless and defend Owner from all claims, demands, actions or causes of action (including attorney’s fees and all costs) that are hereinafter brought by others arising out of Occupant’s use of the premises, including claims for Owner’s active negligence except that Occupant shall not be liable for Owner’s sole negligence.

14. Owners Right to Enter (No Default): Occupant grants Owner and/or representatives of any governmental authority, including police and fire officials, access to the Unit for non-emergency situations. In the event of an emergency, suspected illegal use of the Unit, or structural/mechanical repair to the building, Owner and/or representatives of governmental authority shall have the right to enter the premises without notice to Occupant, and take such actions as may be necessary or appropriate to preserve the premises, to comply with applicable law, to enforce Owner’s rights or to protect the safety, health, and welfare of others and other’s stored property. For the purpose of this agreement the term “Emergency” means any sudden, unexpected occurrence of circumstances, which demands immediate attention.

15. Locks: Occupant agrees to lease and use a round stainless disk lock leased from Owner. Owner shall issue (2) keys to occupant and upon termination of this agreement Occupant shall return to Owner same (2) keys and receive a full refund of the lock deposit issued by check sent to Occupants last known address. Occupant agrees to keep Unit locked when Occupant is not present at premises. Owner may, but is not required to lock Occupant’s storage space if it is found unlocked. Occupant may use only one (1) lock per storage space door and Owner may remove any additional locks placed on storage space by Occupant. If leased lock is to be replaced because of damage, lost keys or misuse. Occupant will be solely responsible for the cost to lease a new lock.

16. Sublease: Occupant may not assign this Agreement or sublet the premises.

17. Severability: It is understood and agreed that if any provision of this Agreement shall be held to be invalid, this Agreement shall be considered to be amended to exclude any such invalid provision and the balance of the Agreement shall be read independently of said excluded provision and shall remain in full force and effect.

18. Waiver: The failure of either party to enforce any covenant or other provision of this Agreement shall not constitute a waiver of the right to do so thereafter nor shall give rise to any cause of action or defense on the part of the Occupant.

19. Survival of Covenants: All portions of this Agreement which by necessity are required to be enforced by either party are enforceable beyond the date of the termination of this Agreement.

20.Governing Law: This agreement shall be subject to and governed by the laws of the State of Tennessee.