Online Rental Agreement

per month, (with the first month’s rent pro-rated if the tenancy begins after the 1st of the month). Rental charges shall be paid without any demand being made by OWNER. It is OCCUPANT’s obligation to remit rental charges monthly in advance. NO BILLS OR STATEMENTS WILL BE SENT TO THE OCCUPANT STATING WHEN THE RENTAL CHARGE IS DUE. RENTAL CHARGE IS DUE ON THE FIRST DAY OF EACH MONTH.

5. LATE/ADMINISTRATIVE FEES. If OCCUPANT’s rental charges are not paid on or before the 7th day after the monthly due date (1st of the month), there will be a $10.00 late fee to defray administrative expenses which result from such delinquencies. Such charge is due without prior notice as additional rent. Not withstanding the service charge, time is of the essence and in the event any rental is due and unpaid, the OWNER may terminate this AGREEMENT by reason of default in the payment of rent. It is further understood and agreed that if OCCUPANT or someone on their behalf issues any “bad” or “dishonored” or “declined” payment, whether same is issued on a closed account, refused debit or credit card, insufficient funds, uncollected funds or declined or refused for any reason, the OCCUPANT shall pay OWNER a “Bad Payment Fee” of $25.00 for any such payment.

6. INSURANCE. If OCCUPANT wishes to have his/her property insured, OCCUPANT must obtain their own insurance policy. All property stored by OCCUPANT is stored at OCCUPANT’s sole risk and responsibility. OWNER does not have any obligation to purchase or maintain insurance on OCCUPANT's property placed in OCCUPANT’s storage unit. In the event OCCUPANT does not obtain insurance coverage for the full value of OCCUPANT’s property stored in the self-storage unit, OCCUPANT will personally assume all risk of loss, including but not limited to damage or loss by fire, burglary, mysterious disappearance, water, rain, storms, tornado, riot, rodents, civil disturbance, insects, sonic boom, land vehicles, acts of God or any other cause whatsoever; nor shall OWNER be liable for loss or damage resulting from failure, interruption, or malfunction of utilities; nor shall OWNER be liable for any personal injuries or death as a result of OCCUPANT’s use of the storage unit or the self-service storage facility, even if such injury is caused by the active or passive acts or omissions of negligence of the OWNER or OWNER’s agents.

7. INDEMNITY. OCCUPANT agrees to indemnify, hold harmless, save and defend OWNER and/or other occupants and third parties from all claims, demands, proceeding, liability, loss, actions or causes of action (including attorney’s fees and all costs), damage and expense that are hereinafter brought by others arising out of OCCUPANT’s use of storage unit and common areas, and arising out of any act or omission of the OCCUPANT or OCCUPANT’s agent, including claims for OWNER’s active negligence. In no event shall OWNER be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the storage facility, whether based on contract, tort, strict liability or otherwise, even if OWNER has been advised of the possibility of damages. If any part of this provision is deemed unenforceable by a Court of law, it shall be interpreted and construed to provide as much indemnity to OWNER as permitted by New Mexico law but in no instance shall OWNER or its agents have responsibility of any kind for OCCUPANT’s loss, expense, damage, or claim in an amount of more than $5,000.

8. NO BAILMENT. OCCUPANT acknowledges and understands that no bailment is created by this AGREEMENT. OWNER is not engaged in the business of storing goods for hire, nor is it in the warehousing business, but is simply providing commercial space for rent in which the OCCUPANT may store items of personal property owned by the OCCUPANT. OWNER does not take care, custody and control, possession or dominion of the contents of the OCCUPANT’s unit. The rented space is under the exclusive control of the OCCUPANT.

9. OCCUPANT’S REPRESENTATIONS. OCCUPANT represents to OWNER that OCCUPANT is storing only goods for which it is the rightful and absolute owner and goods that do not conflict with any provision of Federal, State or Local Laws.

10. STORAGE PROHIBITIONS. Storage of hazardous or toxic materials is prohibited. OCCUPANT is strictly prohibited from storing or using materials classified as hazardous or toxic under any Local, State, or Federal law or regulation in the self-service storage unit or on the facility, and from engaging in any activity which produces such materials. Storage of flammable or combustible or noxious substances (except as permitted by law) or use for any unlawful purpose is prohibited and is grounds for summary eviction. OCCUPANT’s obligations of indemnity as set forth herein specifically includes any costs, expenses, fines, or penalties imposed against the OWNER arising out of the storage or use of any hazardous or toxic material by OCCUPANT, OCCUPANT’s agents, employees, invitees, or guests. The unit is for the storage of personal property only and may not be used for residential purposes or to house live animals.

11. OWNER ENTRY INTO STORAGE UNIT. OCCUPANT hereby specifically grants unto the OWNER authority and permission to enter the storage unit at any time for the purpose of: 1) responding to an emergency; 2) making necessary inspections, repairs, or maintenance to the unit if deemed necessary by the OWNER or Manager; and 3) removing or disposing of any property kept in the storage unit in violation of the provisions of this AGREEMENT or of applicable law. Such entry by OWNER shall not constitute establishment of care, custody and control and shall not relieve OCCUPANT of any of its obligations to OWNER under the terms of this AGREEMENT. Said entry shall be accomplished by OWNER’s agents and employees and, where necessary and appropriate, governmental agents, inspectors, representatives or officers.

12. LIENS ON PROPERTY TO BE STORED. All articles stored under the terms of this AGREEMENT will be sold or otherwise disposed of under the terms and conditions of the Self-Service Storage Lien Act [48-11-1 to 48-11-9 NMSA 1978] if the OCCUPANT is in default. OWNER has a lien on all property stored in rental unit(s) as of the date the OCCUPANT goes into default for rent and/or other expenses, present or future, reasonably incurred for its preservation, sale or otherwise disposed of in a manner consistent with the laws of this state if no payment has been received for a continuous 30 day period after default; if any installment is not made within the 7 day grace period, or if any check given in payment is dishonored. A return check charge will be assessed as stated above and the account will be in default from the date the payment was due and access to rented unit(s) may be denied and a late payment charge will be assessed. For the purpose of OWNER lien; “personal property means moveable property, not affixed to land, and includes, but is not limited to motor vehicles or other property evidenced by certificate of title”. “Last known address” means that the address provided by the OCCUPANT in this AGREEMENT or a subsequent written notice of change of address provided to OWNER by the OCCUPANT. The OWNER’s lien is superior to any other lien of security interest, except those which are perfected and recorded prior to the date of this rental AGREEMENT in New Mexico, either in the country of the OCCUPANT’s “Last known address” or in the country where the self storage in located, except any tax lien as provided by law and except those liens or security interests of whom the OWNER has knowledge through other written notice. OCCUPANT attests that the personal property in this unit(s) is free and clear of all secured interest except for:

The OWNER’s lien is attached as of date the personal property is brought to the self-service storage facility.

13. NO SUBLETTING. No subletting of the premises or assignment of this AGREEMENT may be made by OCCUPANT.

14. NO WARRANTIES. No expressed or implied warranties are given by OWNER as to the suitability of the storage space for OCCUPANT’s intended use. OWNER disclaims and OCCUPANT waives any implied warranties of suitability or fitness for a particular use.

15. NOTICE. Any notice required to be given under this AGREEMENT shall be in writing and addressed to the other party at the appropriate address. Any such notice will be deemed to have been given at the time it is duly deposited, postage prepaid, in the United States mail, unless otherwise required by law. Any address change shall be changed only by written notice and must be acknowledged in writing by the OWNER.

16. WAIVER. In any action or proceeding brought by one party as and against the other relative to this AGREEMENT, the OCCUPANT specifically waives the right to a jury trial and agrees not to interpose any counterclaim in any action commenced by the OWNER.

17. RULES AND REGULATIONS. OWNER reserves and retains the right to establish or change the hours of operation of the facility and to promulgate rules and regulations for the safety, care and cleanliness, and orderly operation of the self-service storage facility. OCCUPANT agrees to follow all of OWNER’s rules and regulations now in effect, or that may be put into effect in the future.

18. SEVERABILITY. If any term or provision of this AGREEMENT or its application to any person or circumstances is, to any extent, held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect.

19. ACTIVE MILITARY SERVICE. Under terms of the Service members Civil Relief Act (SCRA) you are required to disclose if you are currently an active member of one of the United States military service branches:

20. A breach of any of the foregoing covenants and conditions by OCCUPANT shall at the options of OWNER, terminate this AGREEMENT and said AGREEMENT shall become null and void.

21. RATES AND SERVICE CHARGES:

22. ENTIRE AGREEMENT. This writing constitutes the entire AGREEMENT of the parties and there are no oral or written representations that are not part of this AGREEMENT. All of the provisions hereof shall apply to and be a binding upon the heirs, executors, administrators, representatives and successors of the parties hereto. By the signature below, OCCUPANT acknowledges receipt of a copy of this rental AGREEMENT.