RENTAL TERMS & CONDITIONS

Terms and Conditions as of 06/22/2023.

Wilderness Scout Ministries, hereafter called Landlord, hereby rents storage space at its outdoor self-storage facility at 3413 Concord Highway, Monroe, NC, 28011 to the individual and/or company, hereafter called Tenant, whether one or more, upon the following terms and conditions and no other.

NOTICE: THIS DOCUMENT HAS LEGAL CONSEQUENCES. CONSULT WITH LEGAL COUNSEL FOR EXPLANATION OF THE CONTENTS OF THIS CONTRACT.

1. RENTAL FEES:
Rental and other fees are published on our website at www.wildernessscoutministries.com/storagefees.

2. TERM & RENT:
Rent is payable on the day of month you leased the space and is charged to your credit card automatically each month. If payment authorization fails for any reason, Tenant will be notified by email and have 5 days to update payment information on the account to correct the issue. On the 5th day the credit card will be charged again. If it fails a second time, Tenant will be charged a late fee and the passcode to gain access to the storage facility will be disabled.  Five days later payment will be attempted a third time. If the 3rd attempt fails to obtain payment, the storage subscription will be cancelled. Tenant will have until the next renewal date to pay the rent due along with the fee. Tenant’s property will remain in storage facility until all owed rental and late fees are paid. If after 6 months Tenant still has not paid the fees owed, property left in the storage facility will be auctioned. This Rental Agreement is renewable on a month-to-month basis by Tenant paying the rent and Landlord accepting payment. Tenant agrees to give thirty (30) days notice to vacate the facility. The Rental Agreement terms are subject to change by Landlord and written notice to Tenant ten {10) days prior to the effective day of change. Tenant must notify Landlord prior to the effective date of the change if he/she does not wish to accept the changes in the Rental Agreement terms: otherwise, it shall be construed as acceptance of the change.

3. INSURANCE:
Tenant, at Tenant’s sole expense, shall be responsible for maintaining on all personal property on the premises a policy of fire and extended coverage with theft, vandalism, and malicious mischief endorsement for at least one hundred percent {100%) of the full replacement cost of such property. This insurance is for the benefit of both Tenant and Landlord. If Tenant fails to maintain the insurance described above, Tenant shall be deemed to have "self-insured" his personal property. In the event Tenant acquires such insurance with a licensed insurance company, Tenant expressly agrees that the carrier of such insurance shall not be subrogated to any claim of Tenant against Landlord, its agents and employees.

4. DENIAL OF ACCESS:
If rent is not paid by the monthly due date, Landlord may without notice deny the Tenant access to the property located in the self-storage facility. Tenant's access to the facility may also be conditioned in any manner deemed reasonably necessary by Landlord to maintain order on the premises. Such measures may include, but are not limited to, restricting hours of operation, requiring verification of Tenant's identity and inspecting vehicles that enter the premises. Additionally, if Tenant is renting more than one Space at any given time, default on one rented Space shall constitute default on all rented Spaces, entitling Landlord to deny access to Tenant to all rented Spaces.

5. INCIDENTAL FEES:
Tenant acknowledges that late payment of monthly rent will cause Landlord to incur costs not contemplated by this lease, the exact amount of such costs being extremely difficult to fix. Therefore, if any monthly rent is received after 5 DAYS from the rental due date, Tenant shall pay to Landlord a LATE FEE of $35 for each month rent is past due. Late fees are assessed at the full and sole discretion of the Landlord. Said late charges are due and payable without demand from Landlord. The parties agree that these late charges represent a fair and reasonable estimate of the costs the Landlord will incur by reason of late payment by Tenant. If Tenant's property is processed for sale at public auction, Tenant shall be responsible for a minimum public auction processing fee shown above as AUCTION FEE. If Tenant's lock must be cut, Tenant shall be responsible for LOCK CUT FEE identified at www.wildernessscoutministries.com/storagefees.

6. USE AND COMPLIANCE WITH LAW:
(a) The space named herein is to be used by the Tenant solely for the purpose of storing any personal property belonging to the Tenant. The Tenant agrees not to store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the space that would cause danger or nuisance to the space or facility. Tenant shall not store any improperly packaged food or perishable goods, or other items that may attract rodents, vermin, or other infestation in the Space. The Tenant agrees that the property will not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code or health code and the Tenant agrees not to commit waste, nor to create a nuisance, nor alter, nor affix signs on the space, and will keep the space in good condition during the term of the Agreement. The Tenant agrees not to store jewels, furs, heirlooms, art works, collectibles or other irreplaceable items having special or emotional value to the Tenant. Tenant waives any claim for emotional or sentimental attachment to Tenant's property. There shall be NO HABITABLE OCCUPANCY of the space by humans or pets of any kind for any period whatsoever and violation of these prohibitions shall be grounds for immediate TERMINATION of the Agreement. If hazardous substances are stored, used, generated or disposed of on or in the premises or if the premises become contaminated in any manner for which the Tenant is legally liable, Tenant shall indemnify and hold harmless the Landlord from any and all claims, damages, fees, judgments, penalties, costs, liabilities or losses, and any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees, arising during or after the lease term and arising as a result of that contamination by Tenant. (b) Tenant agrees not to conduct any business out of 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 in the space. Use of any utilities on premises is strictly prohibited except by express written agreement and arrangement with Landlord and for an additional Utility charge set forth by Landlord. Unless given written permission by Landlord, violation of these prohibitions shall be deemed a default and shall be grounds for immediate Termination of this agreement and shall cancel Tenant's right of Occupancy. Tenant agrees to hold Landlord, other Tenants and third parties harmless and indemnify, safe and defend such persons from any loss resulting from the violation of this provision.

7. CONDITION AND ALTERATION OF PREMISES:
Tenant assumes responsibility for having examined the premises and hereby accepts it AS IS, being in good order and condition and agrees to pay Landlord promptly for any repairs to the space resulting from negligence or misuse by the Tenant, Tenant's invitees, licensees and guests. Tenant understands that all unit sizes are approximate and enters into this Rental Agreement without reliance on the estimated size of the Space. Tenant shall make no alterations or improvements to the space without prior written consent of Landlord. Should Tenant damage or depreciate the space or make alterations or improvements without the prior consent of the Landlord, or require the Landlord to incur costs to clean the Space upon termination, then all costs necessary to restore the Space to its prior condition shall be borne by Tenant. Landlord has the right to declare any such costs to repair as "rent" and non-payment of said costs entitles Landlord to deny Tenant access to the Space.         

8. LIMITATION OF VALUE:
Tenant agrees that in no event shall the total value of all property stored be deemed to exceed $100,000.00 unless Landlord has given permission in writing for Tenant to store property exceeding that value. Tenant agrees that the maximum value for any claim or suit by Tenant, including but not limited to any suit which alleges wrongful or improper foreclosure or sale of the contents of a storage unit is the total value referenced above. Nothing in this section shall be deemed to create any liability on the part of Landlord to Tenant for any lost or damage to Tenant's property, regardless of cause.

9. ABANDONMENT:
This Agreement shall automatically terminate if Tenant abandons the Space. Tenant shall have abandoned the Space if Tenant has removed the locking device from the Space and IS NOT current in all obligations hereunder or lock is cut after default and it is determined, in the Landlord's discretion, that the items in the unit have little or no value. Any property left in the Space may be disposed of by the Landlord. Rent paid for the month in which Tenant moves out early shall not be refunded. THERE ARE NO RENT REFUNDS.

10. TERMINATION:
This agreement shall continue from month to month unless Tenant or Landlord delivers to the other party a five-day advanced written notice of its intentions to terminate the Agreement. Upon termination of this Agreement, Tenant shall remove all personal property from the space and shall deliver possession of the space to Landlord unless such property is subject to Landlord's lien rights as referenced in this Rental Agreement. If Tenant fails to fully remove its property from the space within the time required, Tenant shall be a Tenant at sufferance and Landlord, at its option, may, without further notice or demand, either directly or through legal process, reenter the Tenant's unit and remove all property therefrom without being deemed guilty in any manner of trespassing or conversion. No refunds are allowed for partial- month occupancies. Tenant shall be charged a CLEAN UP FEE, identified above, if Landlord is required to remove any debris from either inside or outside the rented Space after Tenant vacates the Space.

 11. TENANT'S RISK OF LOSS:
THE LANDLORD IS NOT A WAREHOUSEMAN ENGAGED IN THE BUSINESS OF STORING GOODS FOR HIRE, AND NO BAILMENT IS CREATED BY THIS AGREEMENT. THE LANDLORD EXERCISES NEITHER CARE, CUSTODY, NOR CONTROL OVER THE TENANT'S STORED PROPERTY. All property stored within or on the space by Tenant or located at the facility by anyone shall be stored at Tenant's sole risk. Tenant must take whatever steps he deems necessary to safeguard what is at the facility or in or on the space. Tenant shall assume full responsibility for who has the keys and access to the space. Landlord and Landlord's employees and agents shall not be liable for any loss of or damage to any personal property while at the rented premises arising from any cause whatsoever, including, but not limited to, theft, mysterious disappearance, vandalism, fire, smoke, water, mold, mildew, hurricanes, rain, tornados, explosions, terrorist acts, rodents, insects, Acts of God, the active or passive acts or omissions or negligence of the Landlord, Landlord's agents or employees. IT IS AGREED BY TENANT THAT THIS RELEASE OF LANDLORD'S LIABILITY IS A BARGAINED FOR CONDITION OF THE RENT SET FORTH HERE AND THAT WERE LANDLORD NOT RELEASED FROM LIABILITY, A MUCH HIGHER RENT WOULD HAVE TO BE AGREED UPON. Landlord does not promise safety or security of persons or property on the premises, and Landlord had no duty of safety or security of same under any circumstances. Video cameras may be non-operational or unmonitored. Access control devices may be unmonitored and may occasionally malfunction.

 
12. PERSONAL INJURY:
Landlord and Landlord's agents and employees shall not be liable whatsoever to any extent to Tenant or Tenant's invitees, family, employees, agents or servants for any personal injury or death arising from Tenant's use of the storage space or premises from any cause whatsoever including, but not limited to, the active or passive acts or omissions or negligence of the Landlord, Landlord's agents or employees.

 
13. INDEMNIFICATION OF LANDLORD:
Tenant will indemnify and hold the Landlord 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 Tenant's lease of the space on the facility or from any activity, work or thing done, permitted or suffered by Tenant in or on the space or about the facility. In the event that the space is damaged or destroyed by fire or other casualty, Landlord shall have the right to remove the contents of the space and store it at the Tenant's sole cost and expense without liability for any loss or damage whatsoever, and Tenant shall indemnify and hold Landlord harmless from and against any loss, cost, or expense of Landlord in connection with such removal and storage. Should any of Landlord's employees perform any services for Tenant at Tenant's request, such employee shall be deemed to be the agent of the Tenant regardless of whether payment for such services is made or not, and Tenant agrees to indemnify and hold Landlord harmless from any liability in connection with or arising from directly or indirectly such services performed by employees of Landlord. Notwithstanding that Landlord shall not be liable for such occurrences, Tenant agrees to notify Landlord immediately upon the occurrence of any injury, damage, or loss suffered by Tenant or other person in any of such circumstances.

14. LANDLORD'S RIGHT TO ENTER:
In cases where Landlord considers it necessary to enter the space for purposes of examining the space for violation of this agreement or condition in the space or making repairs or alterations thereto, or to comply with this agreement, Tenant agrees that Landlord, or Landlord's representative, shall have the right without notice to enter into and upon the space and Landlord reserves the right to remove contents to another space.

 
15. LANDLORD'S LIEN RIGHTS :
ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT MAY BE SOLD TO SATISFY THE LANDLORD'S LIEN IF TENANT IS IN DEFAULT. a. Landlord shall have a lien on all personal property stored in Tenant's space, whether or not owned by Tenant, or on the proceeds of said personal property in Landlord's possession. The lien attaches as of the date such personal property is brought to the self-storage facility and is superior to any other lien or security interest, except those that are protected and recorded prior to the date of this agreement. If Tenant fails to pay rent or any part thereof or fails to fulfill any of the covenants or agreements herein specified to be fulfilled by Tenant, Tenant will be considered in default. b. On the fifteen (15th) day of continuous default, or thereafter, Landlord may enforce its lien on the personal property stored in the space pursuant to Chapter 44A-40, et. seq. of the North Carolina Statutes for: rent, late charges, labor, damages, cleaning fees; charges for checks returned to Landlord, 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. Landlord will cut the locks on Tenant's space and may remove any and all personal property located within said space for the purpose of selling same. Landlord will first attempt to sell any or all said personal property at public sale. If not sold at public sale, any or all items of said personal property will then be otherwise disposed of and/or destroyed by Landlord. c. If the property upon which the lien is claimed is a vehicle or watercraft, 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 Landlord may have the property towed from the self-service storage facility.

 
16. SECURITY AGREEMENT:
This Agreement shall constitute a security agreement covering the contents (hereinafter referred to as "collateral") of the Space, and a security interest shall attach thereto for the benefit of, and is hereby granted to Landlord by Tenant to secure the payment and performance of Tenant's default hereunder. Landlord, in addition to all other rights and remedies it may have in such event, may exercise any right or remedy wish respect so the Collateral which it may have under the Uniform Commercial Code or otherwise. It is expressly understood that Landlord retains its Landlord's statutory lien. All rights of Landlord hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights shall not constitute a waiver of any other rights. Tenant hereby waives and renounces its right to the benefit of the exemptions provided under state law and as it may be amended.

 
17. TENANT'S LIABILITY:
In the event of a foreclosure, it is understood and agreed that the liability of Tenant 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 Tenant shall be personally liable for all rents, charges, costs and expenses, including those incurred in the sale and/or disposition of the Tenant's property as provided for above. Landlord may use a collection agency thereafter to secure any remaining balance owed by Tenant after the application of sale proceeds if any and Tenant shall be liable for all fees and costs for said collection. If any property remains unsold after foreclosure and sale, Landlord may dispose of said properly in any manner considered appropriate by Landlord.

 
18. ASSIGNMENT AND SUBLETTING:
Tenant shall not assign this Agreement or sublet the whole or any portion of the space rented hereunder.

 
19. 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 Landlord of any provisions hereof shall be deemed a waiver of any other provision hereof or of any subsequent default or breach by Tenant of the same or any other provision.

 
20. ATTORNEY'S FEES:
In the event Landlord obtains services of an attorney to recover any sums due under this agreement, for an unlawful detainer, for the breach of any Covenant or conditions of this Agreement, or in defense of any demand, claim, or action brought by Tenant, Tenant agrees to pay to Landlord the reasonable costs, expenses, and attorney's fees incurred in such actions.

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

 
22. GOVERNING LAW:
This Agreement and any actions between the parties shall be interpreted by and governed by the laws of the State of North Carolina.

 
23. WAIVER OF JURY TRIAL:
Landlord and Tenant waive their respective rights to trial by jury of any cause of action, claim, counterclaim, or cross complaint brought by either Landlord against Tenant, or Tenant against Landlord on any matter arising out of or in any way connected with this Rental Agreement, Tenant's use or occupancy of the storage 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. The agents and employees of Landlord are not authorized to make warranties about the space, premises, and facility referred to in this Agreement. Landlord's agents and employees' ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, and shall not be relied upon by the Tenant nor shall any of said statements be considered a part of the Agreement. The entire Agreement and understanding of the parties hereto is to be considered a part of the Agreement. This 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. 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 leased space, premises, and facility referred to herein. It is further understood and agreed that Tenant has been given an opportunity to inspect, and has inspected this space, premises, and facility, and that Tenant accepts such leased space, premises, and facility AS IS and WITH ALL FAULTS.

 
25. RULES:
Landlord shall have the right to establish or change the hours of operation for the Facility and to promulgate Rules and Regulations for the safety, care and cleanliness of the Space or the preservation of good order in the Facility. Tenant agrees to follow all Rules and Regulations now in effect, or that may be put into effect from time to time.

 
26. Notices from Landlord:
All notices from Landlord shall be sent by first class mail postage prepaid to Tenant's last known address or to the electronic mail address provided by the Tenant in this Rental Agreement. Notices shall be deemed given when deposited with the U. S. Postal Service or when sent by electronic mail. All statutory notices shall be sent as required by law.

 
27. Notices from Tenant:
Tenant represents and warrants that the information Tenant has supplied in this Rental Agreement is true, accurate and correct and Tenant understands that Landlord are relying on Tenant's representations. Tenant agrees to give prompt written notice to Landlord of any change in Tenant's address, any change in the liens and secured interest on Tenant'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. Tenant understands he must personally deliver such notice to Landlord or mail the notice by certified mail, return receipt requested, with postage prepaid to Landlord at the Facility address set forth above or by e-mail only if e-mail is acknowledged by Landlord.

 
28. CHANGES:
All terms of this Agreement, including but without limitation, monthly rental rate, conditions of occupancy and other charges, are subject to change upon thirty (30) days prior written notice to Tenant. If changed, the Tenant may terminate this Agreement on the effective date of the change by giving Landlord ten (10) days prior written notice to terminate after receiving notice of the change, If the Tenant does not give such notice, the change shall become effective and apply to his occupancy.

29. TENANT'S LOCK:
Tenant shall provide at Tenant's own expense a lock for the space which Tenant, in Tenant's sole discretion, deems sufficient to secure the space. Space shall be immediately locked upon execution of the agreement. Tenant shall not provide Landlord or Landlord's agents with a key and/or combination to Tenant's lock unless deliveries are to be accepted by Landlord on Tenant's behalf. If lock is not placed on unit or Space is found without a lock, Landlord has the right to place a new lock on the Space to secure the Unit without creating a bailment.

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

 
31. FINANCIAL INFORMATION:
Landlord does not warrant or guarantee that any of Tenant's financial information, including, without limitation, credit card and bank account information, will not be stolen or otherwise compromised. Tenant waives and releases any and all claims or actions against Landlord and its respective agents, employees and affiliates for damages arising from the use of said information by others.

 
32. PERMISSION TO CALL, FAX, E-MAIL OR TEXT:
Tenant recognizes Landlord and Tenant are entering to a business relationship as Landlord and Tenant. As such, to the extent any Federal or State law prohibits Landlord from contacting Tenant by phone, fax, e-mail or text, Tenant hereby consents to Landlord phoning, faxing, e-mailing and texting Tenant with marketing and/or other business related communications.

  
INSURANCE IS TENANT'S RESPONSIBILITY:
I understand that Landlord does not provide insurance coverage on any personal property in my storage space.

I HAVE READ AND UNDERSTAND THIS RENTAL AGREEMENT AND HAVE RETAINED A COPY FOR MY RECORDS AND PROTECTION.

I HEREBY AUTHORIZE THE MONTHLY DEBIT OF MY CREDIT CARD