By using any storage unit at the storage facility located at the property commonly known as 4850 South Emerson Avenue, Beech Grove, IN 46203 (the “Storage Facility”), owned by Don’s Legacy, L.L.C., an Indiana limited liability company d/b/a Beech Grove Storage (“Lessor” and/or “BGS”), and the user of any storage unit at this property (“Lessee”). By using any unit at our property, you agree to, and you are legally bound by, the following:
Lessor does hereby lease to Lessee and Lessee does hereby lease the storage unit, more particularly described and assigned to you on our website, (“Unit”), upon the following terms and conditions:
1. By using the Unit, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, do not use any of BGS’s storage units. Your use of our storage unit (“Unit”) shall be on a month-to-month basis, subject to Beech Grove Storage’s (“BGS”) right to terminate this Agreement pursuant to Paragraph 11 below, beginning on the date you accept this Agreement and shall be automatically extended each month thereafter, until such time as either party gives notice to the other party of their intent to terminate this Agreement.
2. You shall pay as rent for the use of the Unit, the current monthly sum charged by BGS for your size Unit. BGS reserves the right to revise, from time to time as determined in the sole discretion of BGS, the rental rates charged for all units at the storage facility. Said rent shall be paid on or before the due date established when you register to use our storage unit, in advance, without any deduction or setoff whatsoever, by paying by electronic funds transfer on this website or as may otherwise be agreed upon by BGS. BGS WILL NOT ACCEPT OR PROCESS ANY PAYMENT OVER THE TELEPHONE. ALL PAYMENTS MUST BE MADE ONLINE AT BEECHGROVESTORE.COM.
3. You take the Unit in its present condition and agree to return the Unit to BGS at the end of this Agreement or any renewal thereof, in its current condition, with all items removed and in broom clean condition (ie: you have swept out the Unit with a broom). You shall be liable for any damage to the Unit, or the storage facility, including but not limited to gates, doors, latches, fencing, security cameras, or any other items at this property, whether caused by you or your agents, guests, or invitees.
4. It is specifically understood and agreed by and between the parties that BGS shall not be responsible for any damage or loss of property stored in the Unit or at the storage facility, whether caused by casualty, theft, vandalism, water damage from any source, acts of God or otherwise. you shall obtain and maintain property and casualty insurance, in the amount of the full replacement value, upon any and all items placed in the Unit.
5. You further agree that your use of the Unit and/or Storage Facility shall be only for the lawful storage of personal property and shall not be used for any purpose prohibited by any law, shall not be a nuisance, and shall not otherwise interfere with BGS’s business or any other tenant’s use of their storage unit or the storage facility.
6. This Agreement shall be binding upon the parties hereto, their heirs, successors, representatives and assigns, if any, although you shall not assign any interest under this Agreement without BGS’s prior written consent, which may be granted or withheld in BGS’s sole discretion.
7. You shall pay a late fee, in the sum of Twenty Five Dollars ($25.00) if the rent due under this Agreement is not received by BGS prior to five days after the due date as described in Paragraph 2 above and if any payment, including all late fees is received by BGS on or after the sixth day after the due date as described in Paragraph 2 above, the late fee shall increase to Thirty Five Dollars ($35.00).
8. In the event you shall fail to pay rent or any other charge due hereunder, and such delinquency exists for more than thirty (30) days, you hereby specifically authorize BGS to lock you out from the Unit by changing your lock, by placing BGS’s lock on the Unit, or by denying your access code to the Storage Facility.
9. In the event of your default in the payment of rent when due, or failure to perform any other covenant contained herein, you expressly agree that you shall be liable for any and all of BGS’s costs to enforce this Agreement, including, but not limited to collection agency fees; court costs; personal property removal, sale or disposal costs; and BGS’s attorney fees.
10. BGS is hereby granted a lien upon all of your personal property in the Unit or at the storage facility. This lien is for the full amount of all rent and any and all other costs or expenses due under this Agreement. Said lien attaches on the date any personal property is placed in the Unit or at the storage facility.
11. If you have been in default continuously for thirty (30) days, BGS may begin enforcement of BGS’s lien. Enforcement of the lien may include: termination of this Agreement, denying you access to the Unit; moving your personal property from the Unit to another storage space pending its redemption, sale, or other disposition; notice being sent to your last known address informing you of the amount due and demanding payment within thirty (30) days; informing you that the contents of the storage unit are subject to BGS’s lien; informing you that your access has been denied; and or that your property has been moved to a different storage space; BGS’s name, street address, and telephone number; and a conspicuous statement that your personal property will be advertised for sale or otherwise disposed of if BGS deems, at BGS’s sole discretion, that your personal property is not worth the cost of going through a public auction or sale.
12. By using the Unit, you waive any additional rights provided under Indiana Code to a ninety (90) day period from the date of delinquency, and you agree that one notice and thirty (30) days after the notice provided in Paragraph 11 is sufficient time for you to redeem your personal property in the Unit by paying BGS an amount sufficient to satisfy BGS’s lien. By using the Unit, you agree that it shall be BGS’s sole discretion whether your personal property should be auctioned to cover the lien or disposed of in any manner, including placing the same in the trash. If BGS decides to put your personal property up for sale, then BGS shall cause an advertisement of the sale to be published at least 10 days prior to the sale in a newspaper of general circulation in the county in which the storage facility is located. BGS may buy the personal property at the sale and/or satisfy its lien from the proceeds of the sale. If the proceeds of the sale exceed the amount of BGS’s lien, then BGS shall hold the balance for delivery, upon demand, to you. If you do not claim the balance of the proceeds within one (1) year after the sale, the balance shall be treated as unclaimed property under Indiana Code 32-34-1. You hereby waive all claims, actions, and damages against BGS as a result of the sale or disposal of your property.
13. BGS reserves the right to amend or supplement this Agreement at any time and, by using or continuing to use the Unit, you hereby agree to any such subsequent changes or supplements which are displayed under the “Mandatory Agreement” tab at beechgrovestore.com and you should check this website regularly to find such revised and/or additional terms and conditions.
BY USING ANY UNIT IN OUR PROPERTY, YOU AGREE TO THE ABOVE TERMS AND CONDITIONS.
DON’S LEGACY, L.L.C.,
an Indiana limited liability company
By: /s/ Donald J. Tharp, Member