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<br />or about the Premises, moving expenses, storage expenses, alternative interim housing expenses, and expenses of
<br />locating and procuring alternative housing.
<br />l8. Removal, Storage and Disposition of Tenant's Personal Property: -
<br />(a) Ten days after being placed in lawful possession by execution of a writ of possession, the Landlord
<br />may throw away, dispose of, or sell ail items of personal property rema+n+ng on the Premises. During the IO-day -
<br />period after being placed in lawful possession by execution of a writ of possession, the Landlord may move for
<br />- storage purposes, but shall not throw away, dispose o~ oY sell any items of personal property remaining on the
<br />-Premises unless otherwise provided for in Chapter 42 • of the North Carolina General Statutes. Upon the Tenant's
<br />request prior to the expiration of the 10-day period, the Landlord shall release possession of the property to the
<br />Tenant during regular business hours or at a time agreed upon. If the Landlord elects to sell the property at public or
<br />private sale, the Landlord shall give written notice to the Tenant by first-class mail to •the Tenant's last known
<br />address at least seven days prior to the day of the sale. The seven-day notice of sale may run concurrently with the
<br />10-day period which allows the Tenant to request possession of the property. The written notice shall state the date,
<br />time, and place of the sale, and that any surplus of proceeds from the sale, after payment of unpaid rents, damages,
<br />storage fees, and sale costs, shall be disbursed to the Tenant, upon request, within 10 days after the sale,. and will
<br />thereafter be delivered to the government of the county in which the rental property is located. Upon the Tenant's
<br />request prior to the date of sale, the Landlord shall release possession of the property to the Tenant during regular
<br />business hours or at a time agreed upon. The Landlord may apply the proceeds of the sale to the unpaid rents,
<br />damages, storage fees, and sale costs. Any surplus from the sale shall be disbursed to the Tenant, upon request,
<br />within 10 .days of the sale and shall thereafter be delivered to the government of the county in which the rental
<br />property is located.
<br />(b) If the total value of all property remaining on the Premises at the time of execution of a writ of
<br />possession in an action for summary ejectment is less than one hundred dollars ($100.00), then the property shall be
<br />deemed abandoned five days after the time of execution, and the Landlord may throw -away or dispose of the
<br />property. Upon the Tenant's request prior .to the expixation of the five-day period, the Landlord shall release
<br />possession of the property to the Tenant during regular business hours or at a time agreed upon.
<br />19. Bankruptcy: • If any banlmxptcy or insolvency proceedings are filed by or against the Tenant or if the
<br />Tenant makes any assignment far the benefit of creditors, the Landlord may, at his option, immediately terminate
<br />this Tenancy, and reenter and repossess the Premises, subject to the provisions of the Banlavptcy Code (11 USC
<br />Section 10I, et. seq.) and• the order of any court having jurisdiction thereunder.
<br />20. Tenant's Insurance; Release and Indemnity Provisions: The Tenant shall be solely responsible for
<br />insuring any of his personal property located or stored upon the Premises upon the risks of damage, destruction, or
<br />loss resulting from theft, fire, storm and all other hazards and casualties. Regardless of whether the Tenant secures
<br />- such insurance, the Landlord and his agents shall not be liable for any damage to, or destruction or toss of, any of the
<br />Tenant's personal property located or stored upon the Premises regardless of the cause or causes of such damage,
<br />destruction, or loss, unless such loss or destruction is attributable to. the intentional acts or willful qr wanton
<br />negligence of the Landlord. The Tenant agrees to release and indemnify the Landlord and his agents from and
<br />against liability far injury to the person of the Tenant or to any membeFS of his household resulting from any cause
<br />whatsoever except only such personal injury .caused by the negligent, or intentional acts of the Landlord or his
<br />agents.
<br />2I. Form: The Landlord and Tenant hereby acknowledge that their agreement is evidenced by this form
<br />contract which may contain some minor inaccuracies when applied to the particular factual setting of the parties.
<br />The Landlord and Tenant agree that the courts shall liberally and broadly interpret this lease, ignoring minor
<br />inconsistencies and inaccuracies, and that the courts shall apply the Lease to determine all disputes between the
<br />parties in the manner which most effectuates their intent as expressed herein. The following rules of construction
<br />shall apply. (1) handwritten and typed additions or alterations shall control over the preprinted language when there
<br />is an inconsistency between them; (2) the lease shall not be strictly, construed against either the Landlord or the
<br />Tenant; (3) paragraph headings are used only for convenience of reference and shaII not be considered as a -
<br />substantive part of this lease; (4) words in the singular shall include the plural and the masculine shall include the
<br />feminine and neuter genders, as appropriate; and (5) the. invalidity of one or more provisions of this lease shall not
<br />affect the -validity of any other provisions hereof and this Tease shall be construed and enforced as if such invalid ~'
<br />provision(s) were not included.
<br />22. Amendment of Laws: In the event Shat subsequent to the execution of this Lease any state statute
<br />regulating or affecting any duty or obligation imposed upon the Landlord pursuant to this lease is enacted, amended,
<br />or repealed, the Landlord may, at his option, elect to perform in accordance with such statute, amendment, or act of
<br />r•epesl•in Lieu of complying with the analogous provision of this lease.
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<br />Tenant Initials
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