Orange County NC Website
Browse       Search
agreement, Tenant agrees that County, or County's representative, shall have the right without <br /> notice to enter into and upon the premises and County reserves the right to remove contents to <br /> another location. <br /> 15. County's Lien Rights. ALL ARTICLES AND PROPERTY <br /> STORED UNDER THE TERMS OF THIS AGREEMENT MAY BE SOLD <br /> TO SATISFY THE COUNTY'S LIEN IF TENANT IS IN DEFAULT. <br /> (a) County shall have a lien on all personal property stored in the premises, whether <br /> or not owned by Tenant, or on the proceeds of said personal property in County's possession. <br /> The lien attaches as of the date such personal property is brought to the self-storage facility and <br /> is superior to any other lien or security interest, except those that are protected and recorded <br /> prior to the date of storage of personal property on the premises. If Tenant fails to pay <br /> rent or any part thereof or fails to fulfill any of the covenants or <br /> agreements herein specified to be fulfilled by Tenant, Tenant will be <br /> considered in default. <br /> (b) On the fifteenth (15th) day of continuous default, or thereafter, County may <br /> enforce its lien on the personal property stored in the premises pursuant to Chapter 44A40, et. <br /> seq., of the North Carolina Statutes for: rent, late charges, labor, damages, cleaning fees; <br /> charges for checks returned to County, postage amounts for mail providing notification of late <br /> charges and auctions, expenses necessary for the preservation of the personal property stored <br /> on the premises, and the expenses incurred in the sale or other disposition of said personal <br /> property pursuant to law. County will cut the locks on the premises and may remove any and all <br /> personal property located within said premises for the purpose of selling same. County will first <br /> attempt to sell any or all said personal property at public sale. If not sold at public sale, any or all <br /> items of said personal property will then be otherwise disposed of and/or destroyed by County. <br /> (c) If the property upon which the lien is claimed is a vehicle or watercraft, and rent <br /> and other charges related to the property remain unpaid or unsatisfied for sixty (60) days <br /> following the maturity of the obligation to pay rent, the County may have the property towed <br /> from the self-service storage facility. <br /> 16. Security Agreement. This Agreement shall constitute a security agreement <br /> covering the contents (hereinafter referred to as "collateral") of the premises, and a security <br /> interest shall attach thereto for the benefit of, and is hereby granted to County by Tenant to <br /> secure the payment and performance of Tenant's default hereunder. County, in addition to all <br /> other rights and remedies it may have in such event, may exercise any right or remedy with <br /> respect to the collateral which it may have under the Uniform Commercial Code or otherwise. It <br /> is expressly understood that County retains the County's statutory lien. All rights of County <br /> hereunder or in law or in equity are cumulative, and an exercise of one or more of such rights <br /> shall not constitute a waiver of any other rights. Tenant hereby waives and renounces its right to <br /> the benefit of the exemptions provided under state law and as it may be amended. <br /> 17. Tenant's Liability. In the event of a foreclosure, it is <br /> understood and agreed that the liability of Tenant for the rents, <br /> charges, costs, and expenses provided for in this rental agreement <br /> shall not be relinquished, diminished or extinguished prior to <br /> Page 6 of 10 <br />