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| Contract of Bailment THIS AGREEMENT is made this ______ day of __________________________, 20_____ between _________________________ (hereinafter "Custodian") and _________________________ (hereinafter "Customer"). This is a Bailment contract. The parties agree that the property identified as [ ] are owned solely by the customer. This is a month-to-month lease. The term of this tenancy shall commence on the agreement date written, and shall continue thereafter on a monthly basis. Rent is payable by the customer to the custodian in advance of the rental agreement date specified. The custodian is a bailee of the customer’s property, and accepts control, custody and responsibility for care of the property. Customer shall notify custodian immediately, in writing, of address or telephone changes. In addition, custodian shall notify customer immediately, in writing, of address or telephone changes. Rent paid in advance is considered prepaid rent and [will] [will not] be refunded upon vacating. There is [a] [no] refund for unused days if the customer vacates the after the rent due date of the current month. It is the customer’s responsibility to pay on or before the due date. Customer’s access to the premises may be conditioned, and are limited to the following schedule: Mondays [ ] [AM] to [ ] [PM] Tuesdays [ ] [AM] to [ ] [PM] Wednesdays [ ] [AM] to [ ] [PM] Thursdays [ ] [AM] to [ ] [PM] Fridays [ ] [AM] to [ ] [PM] Saturdays [ ] [AM] to [ ] [PM] Sundays [ ] [AM] to [ ] [PM] The customer will not be granted access to the premises more than [ ] times a [month] [week]. The customer will give the custodian notice of intent to access the property no less than [ ] [days] [hours] before access is required. The custodian acknowledges that no rights to the property have been conveyed, other than those required to serve as bailee for the property. The custodian hereby agrees not to give, transfer, sell, or otherwise dispose of the property to any third party. The Custodian agrees to use every effort to prevent access by third parties to the property. The Custodian shall return, to the customer, all property held in the same condition in which it was granted to the custodian, upon termination of the agreement. If rent is not paid on or before the due date, a [ ] late charge may be assessed. A [ ] pre-lien fee will be charged if payment is not received after the due date. A [ ] lien processing fee plus all expenses associated with the sale will also be charged when the rent is 30 days late. The custodian is hereby given a contractual landlord’s lien upon all property owned by the customer and stored by the custodian to secure payment of all monies due under this agreement, including any fees and costs. This lien exists and will be enforceable from the date rent or other charges are due and unpaid. The property shall be deemed to be attached from the first day of this agreement. The property stored in the leased space may be sold to satisfy the lien if the customer remains in default for [ ] days or more. Written notice will be sent to the customer during the default period. Proceeds from the sale will be distributed first to satisfy all liens. The remainder, if any, will be held for the customer for six months, then the funds will be transferred to the appropriate state agency. In addition to the rents and charges agreed upon and provided for in this agreement, the customer shall be liable for all costs, fees and expenses, including attoney’s fees, reasonably incurred, incident to default, for the preservation, storage, inventory, advertisement and sale of the property stored by the custodian. Upon default of this agreement, customer shall be denied full and total access to the property until such time that the default has been remedied and the total balance owed has been paid in full, however customer shall be permitted to have access to view and verify the contents of the property during the default period. The custodian shall bear all risks of loss or damage to any and all property stored in the rental space resulting from the negligence of the custodian. As such, custodian is liable to the customer for loss or damage to the property if the custodian has failed to exercise reasonable care for the safety of the property which came into the custodian’s possession. Customer shall have access to the rental space only for the purpose of storing and removing property stored in the space. Customer agrees not to store any hazardous materials, substances, waste, solid waste, toxic chemicals, illegal goods, explosives, highly flammable materials, perishable foods or any other goods which may cause danger or damage to the rental space. Customer agrees not to store any living creature or organism, or any dead animal other carcass. Customer agrees not to store property with a total value of [ ]. |
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