Lease Agreement

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ANY PART OF THIS LEASE THAT IS MARKED WITH “**” SHALL REFER TO THE ELECTRONIC FORM. 

LEASE AGREEMENT

DUNN PROPERTIES, LLC

Lease Agreement made this the **____ day of **_________, 2021, between Dunn Properties LLC, a limited liability company organized and existing under the laws of the State of Arkansas, (the “Landlord”), and:

Name:  **______________________________________________________________________ (the “Tenant”).

Address: **_____________________________________________________________________

Phone# **_________________________________   Email Address: **_______________________________

1. **PREMISES LEASED. The Landlord leases to the Tenant □ Storage Unit# TBD  □ Covered Parking#  TBD □ Uncovered Parking in the Landlord’s storage facility located at 158 Dan Stephens Drive, Clinton, AR 72031, to be used for the storage of personal property commencing on the date of this agreement. The Tenant agrees that the relationship that is created under this agreement is that of Landlord and Tenant, and not that of bailor and bailee.
2. **TERM AND RENT. The term of this lease is:

□   Monthly (Due prior to the 5th of each month)

□   One Year                                                        ______________to_____________ (Applicable Dates)

□   Other Period                                                  ______________to_____________ (Applicable Dates)

The Lessee shall pay the Landlord in advance $ **__________ per (Circle applicable item) Month, Year, Other Period, without any deduction setoff, notice, or demand. The rent shall be paid at PO Box 234, Choctaw, AR 72028. The tenant shall take possession and commence paying rent as of the date of this Lease. Tenant will be notified of any changes in payment options.

RENT AND CHARGES:  Monthly rent is listed above.

1. Rent must be received by Operator in advance without demand at Operator’s mailing address on or before the 5th day of each

month.

1. Rent is delinquent, and Occupant is in default if rent is not received by the 5th day of each month. An initial late charge of $10.00 will be assessed on accounts delinquent after the 10th day of each month, and an additional late charge of $20.00 will be assessed on accounts delinquent after the 20th day of each month.
2. Late charges are agreed liquidated damages for Operator’s time, effort, inconvenience and overhead in corresponding, telephoning and recordkeeping associated with Occupant’s delinquency. At Operator’s option and without notice, Operator may apply money received to any obligation of Occupant under this Agreement regardless of Occupant requests or Occupant notations on checks or money orders as to how the payment should be applied.
3. Operator has no duty to place a lock on Occupant’s Space. But if the Occupant’s Space is lockable and has no lock on it and Operator locks it with Operator’s lock, Occupant will pay for the lock at the current retail price for the lock as charged by Operator.  Such Operator action does not create a bailment or constitute care, custody or control.
4. Operator may assess a $45.00 charge for each of Occupant’s checks returned to Operator as non-negotiable payment.
5. If Occupant’s property is processed for sale at public auction, Occupant shall be responsible for a minimum public auction processing fee of $250.00 plus any other costs incurred by Operator.
6. Occupant’s obligations are not contingent on receiving invoices.
7. Occupant also agrees to pay Operator all collection and lien processing fees Operator may incur in the event of default on rent.

Operator may change the rent or any other charge or fee by giving Occupant thirty (30) days advance written notice at the address stated in this Agreement or by electronic means if Email is available.  The new rent shall become effective on the first day of the next month the rent is due.  If Occupant has made advanced payments, the new rent will be charged against such payments, upon the expiration of the advance notice period. Payments may be made in cash, credit card, personal or company check, money order, or certified or cashier’s check.  However, Operator may change permitted mode of payment at any time, upon notice to Occupant.  If Occupant is in default under this Agreement, payment must be made in cash, money order, or certified or cashier’s check.  If cash is accepted by Operator, it is Occupant’s responsibility to obtain and keep a receipt from Operator for each cash payment.  All non-cash payments must be delivered or mailed to Operator’s mailing address listed above.  Cash must be delivered in person.

1. USE. The Tenant shall use the described premises only for the storage of personal property,

for any lawful purpose and in the possession of the Tenant through lawful means. The Tenant also shall not store any flammable, explosive, or hazardous or toxic material or illegal drugs on the described premises. Further, the Tenant agrees not to maintain any business, operate any machinery, or use the described premises for any commercial, industrial, or retail or wholesale sales or promotional efforts which includes rummage or yard sales, or as a manufacturing or distributing facility. The unit shall not be used as residence. The unit is intended for the exclusive use for the storage of property owned or lawfully in the possession of the Tenant.  Occupant shall not modify, alter, paint, deface or put holes in the walls, floors or ceilings of the Space or Facility in any manner. Tenant shall keep the unit locked at all times. In the event such lock or security device is rendered ineffectual for its intended purpose from any cause, or the Space is rendered unsecure in any manner, Operator may, at its sole option, take whatever measures are deemed reasonably necessary by Operator to re-secure the access to Occupant’s Space.  Operator is not responsible for taking any measures or for notifying Occupant that the Space has become unsecure. The fact that Operator has taken measures to re-secure the access to Occupant’s Space under this paragraph shall not alter the release of Operator’s liability, nor shall such measures be deemed conversion of Occupant’s property in the Space.

1. LIABILITY AND INSURANCE. The Tenant has entered this agreement at the Tenant’s own risk of loss. This lease agreement is made on the express condition that the Landlord shall be free from all liability and claims for damages by reason of injuries of any kind to any persons, including the Tenant, or any property of any kind, regardless of who owns the property, including the Tenant, from any cause or causes while in, upon, or in any way connected with the described premises, during the term of this agreement or any extension of this lease or any occupancy under this lease agreement. Tenant agrees to hold the Landlord harmless form any liability of any kind, loss, cost, or obligation on account of or arising from any of the Tenants activities related to this Lease. The Tenant shall, at the Tenant’s own expense, maintain insurance on the property stored in and on the described premises. Landlord shall not be responsible for theft, damage or loss to such property through any cause. Landlord shall have the right to enter the leased premises at any time to inspect the condition of the premises, and to confirm that the terms of this agreement are satisfied and the Tenant is in compliance.
2. PERMISSION TO CALL, FAX, E-MAIL, TEXT OR USE OTHER ELECTRONIC MEANS:  Occupant recognizes Operator and Occupant are entering into a business relationship as Operator and Occupant.  As such, Occupant hereby consents to Operator phoning, faxing, e-mailing, texting or using other electronic means to contact Occupant (including automated texts and calls) with marketing and/or other business‑related communications, including collection notices, and that these conditions are related to the business relationship. Occupant specifically consents to receiving text messages from Operator at the cell phone number provided by Occupant in this Agreement or at any other cell phone numbers provided by Occupant to Operator. Texts from Operator to Occupant may provide alerts regarding the Occupant’s account with Operator, Occupant’s tenancy in the Space, Occupant’s use of the Facility,

rental or sales promotions from Operator, and/or the business relationship between Operator and Occupant. Occupant understands that text messaging rates will apply to any messages received from Operator. Occupant understands that Occupant’s consent to receive these texts is not required as a condition of entering into this Agreement or purchasing any goods or services from Operator. Occupant also understands that Occupant or Operator may revoke this permission in writing at any time. Occupant agrees not to hold Operator liable for any electronic messaging charges or fees generated by this service. Occupant further agrees that in the event Occupant’s cell phone number changes, Occupant shall inform Operator of said change or be liable for any fees or charges incurred.

1. LIEN ON CONTENTS. THE LANDLORD HAS A LIEN ON ALL PERSONAL

PROPERTY STORED WITHIN THE LEASED SPACE FOR RENT, LABOR, OR OTHER CHARGES AND EXPENSES REASONABLY INCURRED IN ITS SALE. THIS LIEN ATTACHES AS OF THE DATE THE PERSONAL PROPERTY IS BROUGHT TO THE FACILITY, AND SHALL BE SUPERIOR TO ANY OTHER LIEN EXCEPT ONE THAT IS A PERFECTED SECURITY INTEREST IN ARKANSAS OR A TAX LIEN. THE PROPERTY STORED IN THE UNIT ASSIGNED TO THE TENANT MAY BE SOLD TO SATISFY THE LIEN IF THE TENANT IS IN DEFAULT UNDER THE TERMS OF THIS LEASE.

1. DEFAULT. If the Tenant is in default under the terms of this lease for failure to pay rent, or otherwise comply with the terms of this agreement, the Landlord may deny the Tenant access to the unit. In the event of default, the Landlord may access the unit to inspect the unit to prevent waste. If the Tenant is in default for a period of more than forty-five (45) days, the Landlord may enforce the lien on the property by selling the property in the unit of the Tenant as is provided by Arkansas statutes. The Tenant waives any claim for damages by reason of the entry by the Landlord into the unit, or subsequent sale of the property.
2. DEFAULT; ABANDONMENT. The Tenant shall remove all personal property from

Tenant’s leased unit prior to the surrender of the unit at the end of the term. If the Tenant fails to remove all personal property located in the leased unit upon termination of this lease agreement, then all such property of the Tenant shall be considered abandoned, and the Landlord shall have the right to sell the property so abandoned pursuant to the power of sale granted herein. If the personal property so abandoned is not of sufficient value to justify sale, the property may otherwise be disposed of and cleared from the unit by the Landlord.

1. CROSS-COLLATERALIZATION OF STORAGE UNITS: When Occupant rents more than one Space at this Facility, the rent is secured by Occupant’s property in all the Spaces rented. A default by Occupant on any Space shall be considered a default on all Spaces rented. Owner may exercise all remedies available to it including denial of access to the Space and the Facility and sale of the stored property if all rent and other charges on all Spaces are not paid when due.
2. ATTORNEYS’ FEES: In the event the Operator retains the services of an attorney to recover any sums due under this Agreement for any unlawful detainer, for the breach of any covenant or conditions hereof, or in defense of any demand, claim or action brought by the Occupant, the Occupant agrees to pay to the Operator the reasonable costs, expenses, and attorney’s fees incurred in any such action.
3. NOTICES TO LANDLORD. Occupant represents and warrants that the information Occupant has supplied in this Agreement is true, accurate, and correct and Occupant understands that Operator is relying on Occupant’s representations.  Notices to Operator must be hand-delivered, mailed certified mail, return receipt requested, with postage prepaid to Operator at the Facility address set forth above, or by e-mail only if e-mail is acknowledged by Operator. When giving notice to Operator, Occupant has the burden of proving delivery to Operator.
4.   Notices from Operator:  All notices from Operator shall be sent by first class mail postage prepaid to Occupant’s last known address or to the electronic mail address provided by the Occupant in this 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. Occupant hereby gives Operator permission to send notices to Occupant via e-mail. Occupant agrees that any billing statements and all other communications, including rental rate and late fee increases and lien notices may be sent to Occupant via e-mail rather than by U.S. Mail. Occupant hereby consents to Owner phoning, faxing, e-mailing, texting, and using social media or other electronic means to communicate with Occupant with marketing and/or other business-related communications, including automated calls or texts. It shall be the responsibility of the Occupant to provide Owner with written notice of any change in address (postal or electronic) or their home or mobile phone number.
5. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this lease agreement or

sublet the whole or any portion of the leased unit.

1. INTERFERENCE. The Tenant’s use of the unit shall in no way or manner interfere with the use by any other party of any portion of the premises other than the unit leased by the Tenant. Tenant shall not make, or allow to be made, any unlawful, improper, or offensive use of the unit. Tenant shall not place any item or material on the premises outside the unit leased by the Tenant, but all property of the Tenant shall, at all times, be located in the unit.
2. SURRENDER OF THE PREMISES; HOLDING OVER. The Tenant shall quit and surrender the leased unit to the Landlord at the end of the term in the same condition as the date of the commencement of this agreement, normal wear and tear excepted. The Tenant shall promptly notify the Landlord at the end of the term that the unit has been cleared and is being delivered back to the possession of the Landlord. If the Tenant holds over and retains possession of the premises after expiration of the Lease, then his or her occupancy of the unit shall be as a Tenant from month to month at the above monthly rate. All covenants and conditions contained in this Lease shall continue in full force and effect so long as the Tenant retains possession of the premises.
3. RULES AND REGULATIONS. The Tenant shall abide by any and all rules and regulations prescribed by the Landlord and provided to him, or that are posted publicly at or near the Leased unit.
4. GOVERNING LAW. This lease agreement shall be governed by and construed according

to the laws of the State of Arkansas.

1. WAIVERS. Waiver by the Landlord of any breach of any covenant or duty of the Tenant under this lease agreement is not a waiver of a breach of any other covenant or duty of the Tenant, or of any subsequent breach of the same covenant or duty.

LANDLORD:                                                                                           TENANT: PRINTED NAME: **__________________________________________________

DUNN PROPERTIES, LLC

PO Box 234 Choctaw AR 72028

contactdunnproperties@gmail.com

501-253-8419

TENANT

SIGNATURE: _Casey A. Dunn__(Signed Electronically)                               SIGNATURE: **_____________________________________________