This is a paritial list of rules and regulations of Brekke Self Storage. These points are covered more fully in the body of the rental agreement.  Please initial by the x's and sign at the bottom.

Rental period is from month to month. Your rent is due on or before the____day of the month______X

Past due accounts over 30 days will be charged a late fee of $10.00/month.

WE DO NOT PRO-Rate!______

Deposits will be refunded by check only and mailed to the tenant within 30 days from the date of vacation._____X

Landlord accepts nolibility whatsoever for any loss to goods stored.____X

NO INSURANCE PROVIDED_____X

Use of storage trailer is for storage purposes only. ____X

Toxic or flammable materials are not permitted in storage trailer. _____X

Return check charge $25.00._____X

Rental of Trailer or Container:

In consideration of the covenants and conditions contained in this rental agreement, Owner rents to occupant storage trailer or container at the self service storage facility at the above described site. Owner is not in the warehouse business, nor in the business of storing goods for hire. Under no circumstance shall owner be deemed to the bailee or other type of custodian. Owner’s employees have been forbidden from providing any services on behalf of Owner. Should employees of Owner provide services at Occupant’s request, they shall be deemed to be agents of Occupants. Occupant acknowledges that said trailer or container is property of the Owner and that he has received it in good mechanical condition and that no repairs, adjustments of any parts will be made without Owners prior express authorization.

NOTICE: ALL ARTICLES STORED UNDER THE TERMS OF THIS RENTAL AGREEMENT WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO PAYMENT HAS BEEN RECEIVED FOR A CONTINOUS 30-DAY PERIOD______X

OCCUPANT HAS READ THE FOLLOWING RENTAL AGREEMENT, INCLUDING THE TERMS BELOW. OCCUPANT HAS RECEIVED A FULLY COMPLETED AND SIGNED COPY OF THIS RENTAL AGREEMENT.

X____________________________________ Date_________ X Stacey Smith

Lessee’s Signature Site Manager

RENTAL AGREEMENT

Occupant shall pay to Owner, in advance or on the anniversary date each month, the rent for the month at the site in lawful money of the United states. Occupant agrees to pay the late charges received 30 day past due. Notwithstanding the above, Owner may except correctly drawn checks for payment of rent. If a check is returned uncollected, payment represented by it shall be considered delinquent on the date originally due and shall be subject to the return check charge. Owner may increase the rent by notifying Occupant in writing at least 10 days prior to the first day of the next rental period for which the increased rent is due. Occupant shall pay the increases rent from the date it becomes effective. An Occupant unwilling to pay the increased rent may terminate this rental Agreement as provided in the paragraph period of Occupancy. In the event the Occupant shall fail or refuse to return said trailer or container as aforesaid, Owner shall have the right to take possession of said trailer or container and remove the same and for that purpose to enter any premises where said trailer or container shall be without being liable to any suit action, defense or other proceedings by Occupant or anyone else. If trailer or container shall have any merchandise loaded upon it same shall not be released until full charges have been paid. And Owner shall have a lien on all contents as security for all unpaid charges.

PERIOD OF OCCPANCY:

The period of Occupancy created by this Rental Agreement shall begin as of the date of this Rental Agreement and shall continue from month to month. Occupancy shall run from the date of the rental to the same date of the succeeding month. Occupant or Owner may terminate the occupancy created by this Rental Agreement by delivering written notice to the other party of it’s intention to do so at least 10 days prior to the anniversary day of the month in which Occupancy will terminate. Any property left in the storage trailer or container after that date for which Occupant has given notice to terminate will be deemed abandoned by the Occupant. After said date, Owner may remove any lock from the storage trailer or container and dispose of the contents thereof without notice or liability to the Occupant. Owner shall give notice to any lien holder with an interest in the property to be disposed of, of whom the Owner has knowledge either through the disclosure provisions on this Rental Agreement or through finding a validly filed financing statement, as provided by law. Owner may also terminate this Rental Agreement by any means provided by law. Trailers or containers are not to be moved or used for any purpose other that storage unless agreed to by Owner in writing. Occupant agrees not to use trailer or container for transportation of persons or property for hire, express or implied, nor to use it in violation of any federal, state or municipal law, ordinance, rule or regulation governing the use or return thereof, nor to remove it from the state wherein rented without the written consent thereof to the Owner. Nor shall said trailer or container be operated in an overloaded or improperly loaded condition.

RESPONSIBILITY FOR OCCUPANT’S POSSESSIONS:

Owner shall have no liability for damage or loss caused by heat, cold, theft, vandalism, fire, water, dust, rain, explosion, rodents, insects or any other cause whatsoever. Owner carries no insurance covering loss to Occupant’s possessions. Occupant shall maintain a policy of fire extended coverage insurance with theft, vandalism, and malicious mischief endorsement to the extent of 100% of the replacement value of the property in the storage space. To the extent Occupant does not maintain such insurance, Occupant agrees to “Self insure” the property to the same extent as such a policy would have provided. Owner shall not be liable to Occupant or Occupant’s invites for personal injury or damages to personal property caused by any act or negligence of any person on said premises. Occupant here by agrees to indemnity and hold harmless the Owner from any and all claims for damages to property or personal injury and costs including attorney’s fees arising from Occupant’s use of the premises. Owner shall not be deemed to either expressly or impliedly to provide any security protection to Occupant’s property maintained at the site. Any security devices which Owner may maintain at the site are for Owner’s convenience only. Owner may discontinue their use in whole or part at any time without notice to Occupant.

SECURITY DEPOSIT:

Occupant has paid the security Deposit. The Security Deposit, without interest, shall be returned within 30 days after termination of occupancy, if payment of all sums owing is received and if the storage space is surrendered broom clean and damage free. Security Deposit may be commingled by Owner with fund in it’s general account. Owner may, at its option, deduct from the Security Deposit any unpaid charges, damages or rent due without notice to Occupant. Should the total deduction exceed the amount of security Deposit, Occupant shall pay the amount of such excess.

USE OF THE STORAGE TRAILER or CONTAINER:

Occupant shall comply with all governmental laws, rules and regulations regarding use of the storage trailer or container. Occupant shall not use such trailer or container to store any flammable, combustible, explosive, corrosive, perishable, noxious or dangerous material. Occupant shall not place any signs or markers about the trailer or container. Occupant shall not use the storage trailer or container for residential purposes. OCCUPANT WARRANTS THAT ALL ITEMS PLACED BY OCCUPANT IN THE STORAGE TRAILER OR CONTAINER SHALL BE OCCUPANT’S OWN PROPERTY, FREE OF ALL INTERESTS OR LIENS OF ANY LEIN HOLDERS EXCEPT THOSE WHICH, AS REQUIRED BY LAW, OCCUPANT HAS DISCLOSED IN THIS RENTAL AGREEMENT OR IN SUBSEQUENT WRITTEN NOTICE TO THE OWNER. All personal property located in the storage trailer or container shall be subject to enforcement of the owner’s lien for the rent, labor, or other changes in relation to the personal property and for expenses necessary for it’s preservation or reasonably incurred in it’s sale or other disposition, as provided by law. Occupant shall not place any personal property or material outside the storage trailer or container. Any personal property or material found outside the storage trailer or container shall conclusively be presumed to be abandoned and may be disposed of by Owner without any liability to Owner or Occupant. Occupant must keep Occupant’ storage trailer or container locked and provide his own lock and key. Occupant may place only one lock on Occupant’s storage trailer or container and hereby authorized Owner to remove any additional lock by cutting or sawing the same form the latching device for such storage trailer or container.

DELIVERY OF NOTICE:

Occupant’s address shall be conclusively presumed to be the address provided by the Occupant in this Rental Agreement unless Occupant provides Owner with a subsequent written notice of a change of address. All notices required or permitted by this Rental Agreement shall be presumed delivered when either person or deposited with the United States Postal Service properly addressed with postage prepaid, except as otherwise provided by law.

DEFAULT BY OCCUPANT:

Time is of the essence in the performance of obligation created by this Rental Agreement. Failure of the Occupant to perform in a timely manner any obligation or duty set forth in this Rental Agreement shall constitute default and Owner may proceed to do any or all of the following:

A. Provide written notice of the default and the Owner’s claim to the Occupant, to any lien holder with an interest in the property, of whom the owner has knowledge either through discloser provisions in this Rental Agreement or through finding a validly fled financing statement, and to the sheriff of the county in which the description of the personal property subject to the Owner’s lien, notification of denial of access to the personal property, a demand for payment, and statement that, unless the claim is paid within the time stated, the personal property will be sold or otherwise disposed of , as provided by law.

B. Deny Occupant access to the personal property.

C. Terminate Occupant’s right of possession of the storage trailer or container by any lawful means.

D. Take appropriate action to enforce the Owner’s lien as it’s provided by law.

In addition to the amount of the Owner’s lien. Occupant shall be obligated for all costs, charges, fees or expenses associated with enforcement by Owner of it’s rights without limitation, reasonable attorney’s fees, court costs, service of process fees, appraisal fee and any and all cost, as provided by law.

MISCELLANEOUS:

A. If any portion of this Rental Agreement for any reason is declared invalid, such decision shall not affect the validity of any remaining portion of the Rental Agreement.

B. All the provisions hereof shall apply to, bind and obligate the heirs, personal representatives, successors, assigns, agents and representatives of the parties hereto.

C. The provisions of this Rental Agreement and the rights of the parties hereto shall be construed in accordance with applicable law of the State of Colorado, including, but not limited to provisions relating to Self-Service Storage Facility Liens, C.R.S. 1973, 38-21.5-101 et seq.

D. No waiver by Owner, its agent, representatives or employees, of any breach or default in the performance of any covenant,, condition or term contained herein shall constitute a waiver of any subsequent breach or default in the performance of the same or any other covenant, condition or term hereof.

E. No subletting of the Occupant’s storage trailer or container or any portion thereof or assignment of this Rental Agreement by Occupant is permitted.

F. The heading of the various provisions of this Rental Agreement have been included only for the convenience of the partied and are not to be used in ascertaining the intentions of the parties.

G. This Rental Agreement is the only agreement of the parties and supersedes any prior written or oral agreement. No amendment or alteration shall be binding unless made in writing signed by both parties.

Initial Here________________X

                                                                            Print and fax to 303-651-7633