Storage Lease

a. Owner may permit outdoor storage of larger items, such as Vehicles, Boats, RVs, Trailers, or other items that cannot fit in a Unit (hereafter the “Outdoor Property”) in Owner’s outside storage lot (the “Outside Storage Lot”) in a space specifically designated for Renter’s Outdoor Property (the “Designated Outdoor Space”), but only upon Owner’s prior written approval via a signed Lease.

b. Should Owner permit Renter to store Outdoor Property in a Designated Outdoor Space via a signed Lease, Renter is to place an adequate in size, for best weight distribution, support pads under the wheels, trailer tongue foot, or leg of heavy Outdoor Property to evenly distribute the weight and prevent sinking, and damage to the ground of the Designated Outdoor Space. All extendable items must be retracted during storage and maintain drip pan under the stored item if there is an issue with leaks. Renter must keep the Outdoor Property locked with their own lock, tarps and covers secured tightly in the designated rented space at all times.

c. Should Renter default on the terms of this Lease, then Owner is specifically permitted to attach a boot or like item to the Outdoor Property, or to have the Outdoor Property towed from the Designated Outdoor Space, the cost of which shall be Renter’s responsibility.

The Unit, or Designated Outdoor Space if applicable (with the total space being rented to Tenant being collectively referred to as the “Rented Space”), is to be occupied and used for the storage of Tenant’s personal Property (hereafter the “Personal Property”) beginning on the day this Lease is executed by both parties and shall continue on a month-to-month basis thereafter until terminated or revised. The Owner reserves the right to revise any part of this Lease with one (1) month advance notice to the Renter. Said revised Lease shall not require Renter’s signature to become effective.

Renter shall pay Owner all the following mandatory charges:

(“Rent”) on the first (1st) day of each calendar month without notice, demand, deduction or offset. Rent for the first month of occupancy will be prorated based on the day this Lease begins. There will be no proration for the last month of occupancy.

b. Security Deposit. A security deposit in the same amount as one (1) month’s Rent shall be due from Renter (the “Security Deposit”) the day this Lease is signed. Owner may utilize the Security Deposit to repair or replace any damage done by the Renter to the Rented Space during the term of the Lease, including Tenant’s failure to pay rent. However, Tenant may not use the Security Deposit as a substitute for the payment of any month’s rent or other amount due under this Lease. Deposit will be returned to renter at termination of lease agreement WHEN unit is inspected by owner and it is determined to be clean and undamaged.

c. Late charge: If Renter does not pay in full Rent or any other payment owed by this Lease on or before close of business on the fifth (5th) day of the month, then Renter shall pay Owner a late fee which shall be the greater Twenty Dollars ($20.00) or Twenty Percent (20%) of the monthly rental amount for each delinquent installment. It is Owner’s policy to deduct late charges from any payment received late and credit the balance to Rent.

d. Returned checks or Electronic Funds Transfer (“EFT”) with Insufficient Funds: If any of Renter’s checks are returned for any reason, or if an EFT is returned with insufficient funds, then Renter shall pay Owner, on demand, a service charge of Twenty Dollars ($20.00) for each returned check or returned EFT.

e. All reasonable costs and expenses incurred by Owner upon Renter’s default related to Owner’s collection of Rent and enforcement of the Owner’s Lien described in Section 6.

f. Clean-up charge: If Renter does not return the Unit to Owner in "broom clean" condition; Renter shall pay Owner, on demand, Owner’s actual cost in cleaning the Unit.

a. Pursuant to this Lease and Ind. Code 26-3-8-11, Owner shall have a lien on the Personal Property stored in the Rented Space or on the proceeds of the Personal Property in Owner’s possession, superior to any other lien or security interest in the Personal Property, except for those provided for in Ind. Code 26-3-8-11(c). Said lien attaches as of the date such personal property is brought to the self-storage facility. NOTICE: If you fail to make your required payments, you will have to vacate the Rented Space or your Personal Property may later be sold at a public sale. Before the sale, you will be notified either by certified mail or electronic mail of the amount due. The notice will be mailed or emailed to your “Last Known Address” as defined in Section 11. In order to preserve your right to be notified, it is important that you notify us of any change in your mailing or email address. Also, you should supply us with the name and address of another person who can reach you if you are not at your mailing address, and we will notify that person at the same time and in the same manner as we notify you.

b. If Renter fails to pay Rent or any part thereof or fails to fulfill any of the terms in this Lease, Renter will be considered in default and Owner may take any of the following actions, along with any other actions permitted by this Lease or by law:

1. Cancel this Lease.
2. Evict Renter by appropriate legal procedure.
3. Accelerate and collect all past, present, and future rent and other sums due under this Lease.
4. Pursue civil remedies against Renter for collection of past due amounts, including any collection and/or attorney fees incurred by Owner related to Tenant’s failure to comply with this Lease.
5. After Tenant has been in default continuously for at least five (5) days:
6. Deny Renter Access to the self-service storage facility, including access to the Rented Space, cut the lock(s) on the Renter’s Unit, if necessary, and move the Personal Property from the Rented Space to another storage space pending the redemption, sale, or other disposition of the Personal Property. To the extent the Personal Property includes a motor vehicle, trailer, or watercraft, then the same may be towed or removed from the self-service storage facility.
7. Enforce its lien on the Personal Property stored in the Rented Space pursuant to Ind. Code 26-3-8-12.

Renter shall supply its own lock and is restricted to only one lock per door. In the event the Unit remains unlocked, the Owner shall have the right to secure the Unit with a lock of its own. Renter shall not abandon the Unit at any time during the term of this Lease. If the Renter abandons the Unit or the Outdoor Property or be dispossessed by the process of law, or otherwise, then Owner shall have the right to take immediate possession of and re-enter the Rented Space. Anytime Renter’s Unit does not have a lock on it, the Owner may assume that the Unit has been abandoned, and the Unit will revert to the Owner, even if the Renter’s rent is paid. Renter is responsible for rent to the end of the lease term even if Renter’s Unit has been abandoned and re-rented by Owner.

The Rented Space may be used only for the storage of Personal Property. No human may inhabit, and no animal may be kept in the Rented Space. Renter may not operate any business, produce any goods, or provide any services in the Rented Space. Renter shall immediately dispose of all trash, rubbish, and refuse. Nothing may be stored outside the Rented Space, unless Owner has given Renter specific authority, in writing, to do so. Renter shall not generate, release, store, or dispose of in or around the Rented Space any flammable, corrosive, organic, biological, chemical, odorous, noxious, or other dangerous or hazardous materials. Renter shall comply with all municipal, state, and federal laws and regulations affecting its use of the Rented Space. Renter shall indemnify, defend, and hold Owner harmless from any and all claims, damages, and expenses (including attorney's fees and investigative, remedial and response costs) arising out of Renter’s violation of this Section. Any violation of these terms or provisions shall constitute a default under this Lease.

Pursuant to Ind. Code 26-3-8-16, there is a limit on the value of Personal Property that may be stored in the Rented Space. For a Unit, the limit is Ten Thousand Dollars ($10,000.00). For a Designated Outdoor Space, the limit is Fifty Thousand Dollars ($50,000.00). This stated limit shall be considered the maximum value of the stored property within the Unit or within the Designated Outdoor Space for all purposes.

Renter shall comply with any and all reasonable rules established from time to time by Owner.

All notices, demands or requests by either party shall be in writing and either sent via certified mail to the parties at the addresses set forth in Section 1 of this Lease or emailed to the parties at the email(s) set forth in Section 1 of this Lease. Either party may change such address(es) by giving of notice in conformity with this Section. For the purposes of an Owner’s lien, "Last Known Address” means that mailing address or email address provided by the Renter in this Lease, or the mailing address or email address provided by Renter in a subsequent written notice of change of address sent to the Owner’s mailing address or email address.

Renter has inspected the Rented Space and accepts it in its "as is, where is" condition. Renter shall immediately notify Owner of any fire (or other casualty), defects, or dangerous conditions. Renter shall keep the Rented Space in good order and condition and shall pay for any and all repairs to the Rented Space or the self-storage facility arising out of the negligence or willful misconduct of Renter, its agents, employees, licensees, invitees, or contractors. Renter shall not attach or affix anything to the walls, ceiling, floors, doors, ground, or any part of the Rented Space.

Renter certifies that, if a third party owns, leases, has a security interest in, or lien upon, the Personal Property stored in the Rented Space, that such third party(s), along with the Personal Property that such third party(s) owns, leases, or has a security interest, is listed immediately below this section. Renter shall indemnify and save Owner and its agents harmless from and against any and all causes of action due to the sale and/or other disposition by Owner of items of Personal Property leased by Renter in which third parties hold a lien or have any legal interest whatsoever.

Renter shall not assign this Lease, or sublet all or any part of the unit, without Owner’s prior written consent.

Renter assumes responsibility for any loss or damage to the Personal Property stored by Renter in the Rented Space and may or may not elect to provide insurance coverage for the same, though Owner strongly encourages Renter to obtain insurance to insure the property against loss and to take steps to make sure property is stored in a manner to mitigate potential damages. OWNER DOES NOT MAINTAIN INSURANCE FOR THE BENEFIT OF RENTER WHICH IN ANY WAY COVERS ANY LOSS WHATSOEVER THAT RENTER MAY HAVE OR CLAIM BY RENTER AND EXPRESSLY RELEASES OWNER FROM ANY LOSSES, CLAIMS, SUITS AND/OR DAMAGES OR RIGHT OF SUBROGATION FOR LOSSES TO THE PERSONAL PROPERTY CAUSED BY FIRE, THEFT, WATER, RAIN STORMS, FLOOD, TORNADO, EXPLOSION, RIOT; RODENTS, CIVIL DISTURBANCES, INSECTS, SONIC BOOM, LAND VEHICLES, UNLAWFUL ENTRY OR ANY OTHER CAUSE WHATSOEVER, NOR SHALL OWNER BE LIABLE TO RENTER AND/OR RENTER'S GUEST OR INVITEES FOR ANY PERSONAL INJURIES SUSTAINED BY RENTER AND/OR RENTER'S GUEST OR INVITEES WHILE ON OR ABOUT OWNERS PREMISES.

If fire or other casualty causes damage to the Rented Space or the self-storage facility, or if the Rented Space or self-storage facility is totally or partially taken by way of eminent domain, Owner may terminate this Lease on written notice to Renter and upon such termination, all rent and other sums owing hereunder shall be paid up to the date of the damage or taking.

This Lease is subject and subordinate to any and all present or future ground leases and mortgages affecting the Rented Space or the self-storage facility.

Owner’s acceptance of any total or partial payment of rent or other sum due hereunder shall not be a waiver of any of Owner’s rights or remedies.

Owner may enter and inspect the Rented Space on reasonable notice to Renter, except in cases of emergency, when Owner may enter and inspect the Rented Space at any time without notice to Renter.

This Lease shall not create a bailment or warehouseman relationship. The only relationship between the parties is one of lessor/lessee. Owner is not responsible for the safekeeping of the Personal Property stored in the Rented Space and is not responsible for any damage to the Personal Property.

Renter agrees to indemnify, hold harmless and defend Owner from all claims, demands, and lawsuits (including attorney’s fees and costs) that are brought by others arising out of the Renter’s use of the Rented Space or the storage facility. Renters’ indemnity obligation includes, but is not limited to, claims for Owner’s active or passive negligence.

Owner and Renter waive the irrespective rights to trial by jury of any action at law or equity brought by either Owner against Renter, or Renter against Owner or Owner's agents or employees, arising out of, or in any way connected to, this Lease, Renter’s use of the Rented Space or this storage facility. This waiver applies to any claim for bodily injury, loss of or damage to property, or the enforcement of any remedy under any law, statute, or regulation. This jury trial waiver is also made by the Renter on behalf of any of Renter’s agents, guests, or invitees.

This Lease is the entire agreement between Renter and Owner and may not be changed or ended orally. This Lease shall be governed by Indiana Law. Any disputes arising out of this Lease shall be venued in a state court located in La Porte County or a federal court located in the Northern District of Indiana, as applicable. In the event the Owner is required to obtain the services of an attorney to enforce any of the provisions of this Lease, Renter agrees to pay, in addition to the sums due hereunder, an additional amount as and for said attorney's fees, as well as any costs incurred by Owner in enforcing its rights under this Lease.

This Lease is binding upon, and shall inure to the benefit of, Owner and Renter and their respective heirs, legal representatives, successors, and assigns.

If one or more of the provisions of this Lease are deemed to be illegal or unenforceable, the remainder of this Lease shall be unaffected and shall continue to be fully valid, binding, and enforceable. The Renter acknowledges that he/she has read, understands, and agrees to be bound by the terms and conditions of this Lease.

LIST ANY PERSONAL PROPERTY CURRENTLY STORED IN RENTAL SPACE WHERE THERE IS A THIRD-PARTY LIEN/LEASE OR LEGAL INTEREST.