Effective Date: 6/1/2023

ILLINOIS SELF-STORAGE RENTAL AGREEMENT (“AGREEMENT”)

This Agreement includes the terms, conditions and agreements contained herein as well as the Rules and Regulations located at
https://www.cubesmart.com/legal/rulesandregulations/ and any addendums executed in connection with this Agreement. Customer (identified
below) promises, acknowledges, and agrees with CubeSmart Management, LLC in its capacity as manager for the record owner of the Store
(“Operator”) as follows:

CUSTOMER INFORMATION:
Name (“Customer”): James Davis Phone Number: (773) 808-9542
Date of Birth: 3/21/1970 Alternate Phone Number:
Address: Email (Customer recognizes and
agrees that all notices
8230 Northway drive , Hanover park , IL 60133 may be sent to this email) [email protected]
Military Member: ☐ Yes ☒ No End of Active Service Date:
Customer represents and warrants that no party has a lien on or 1) Lienholder Name:
security interest in the items stored in the Cube; except for the Lienholder Address:
following “Lienholders” (if blank then no Lienholders; contact
Operator immediately of any additional Lienholders): 2) Lienholder Name:
Lienholder Address:

RENTAL INFORMATION:
Storage Cube Number Approximate Cube Size:
(“Cube”): 130 10x20x8
Store Address(“Store”): 1730 W Irving Park Rd, Schaumburg, IL Rental Term (“Term”): Month to Month starting on the
60193 Effective Date
Monthly Rent Due Date: On or before the 1 day of each
month
Monthly Rent Amount (“Monthly
Rent”): $186.00
Store Phone #: SureSmart Protection Plan
(847) 895-0575 Payment, if any: $12.00
Store Email: [email protected] Monthly Invoice Fee, if any: $0.00
Move-In Promotion, if any: 25% Off Disc or cylinder lock: yes
Total Monthly Amount Due (plus any taxes): $198.00

FEES:
Administrative Rental Fee: $29.00 at signing. Insufficient Funds Fee: $30.00 if a check, ACH, credit card, or other
payment is reversed, returned, or refused.
Administrative Invoice Fee: $1.00 per month on the Monthly Rent Late Fee: Greater of $20.00 or 20% of the Monthly
Due Date. Rent if Monthly Rent is not received by the
Administrative Lien Fee: $110.00 if Monthly Rent is not received 5th day after it became due.
by the 30th day after it became due.

PLEASE NOTE THAT PARAGRAPHS 20 AND 21 OF THIS AGREEMENT CONTAIN IMPORTANT PROVISIONS THAT
REQUIRE YOU TO RESOLVE ANY DISPUTE WITH OPERATOR THROUGH BINDING ARBITRATION ON AN INDIVIDUAL
BASIS AND WAIVE YOUR RIGHT TO HAVE ANY DISPUTE WITH OPERATOR DECIDED BY A COURT.

AUTOMATIC PAYMENT AUTHORIZATION:

Customer authorizes Operator to automatically charge or debit Customer’s designated credit card/debit card or bank account, as applicable, for
the Monthly Amount Due on Customer’s monthly bill (the “Automatic Payments”). Automatic Payments will be made on the date that is
specified in Customer’s monthly bill, which Operator will provide at least ten (10) days in advance of the Automatic Payments date. Customer
understands that when the date for Automatic Payments falls on a weekend or holiday, Operator will process Automatic Payments on the next
business day. Customer authorizes Operator to treat Customer’s electronic signature as evidence of Customer’s consent to save Customer’s
payment information and initiate electronic payment transactions from Customer’s designated bank, debit card, or credit card acco
Customer’s authorization via electronic signature has the same effect as a handwritten signature on a paper-formatted agreement. Operator is not
liable for erroneous bill statements or incorrect debits or charges. If a billing error occurs, Operator is responsible for correcting such error if and
when Customer notifies Operator of the error in accordance with the notice provisions of this Agreement. To cancel Automatic Payments,
Customer must deliver written notice of cancellation to Operator at least 10 days before the next billing cycle in accordance with the notice
provisions of this Agreement. Customer’s participation in Automatic Payments is subject to Operator’s approval. Operator and participating
financial institutions reserve the right to terminate Customer’s participation in Automatic Payments at any time, as authorized by applicable law.
Operator does not impose a fee for participating in Automatic Payments. Customer should verify with Customer’s financial institution to
determine if additional charges to participate in Automatic Payments apply.
Customer is an authorized user of the credit card provided to Operator for the Automatic Payments (“Credit Card”) or is an authorized signer for
direct payments from the bank account provided for the Automatic Payments (“Bank Account”). If Customer elects to use a Bank Account,
Customer authorizes the bank named above to debit Automatic Payments from the Bank Account. It is Customer’s sole responsibility to update
the above Credit Card or Bank Account information with Operator, as necessary. If the Credit Card is declined for any reason (including its
expiration) or a debit is returned for insufficient funds, Customer will be responsible for all fees set forth in this Agreement that result from the
late, insufficient funds, or non-payment of amounts due under this Agreement. If the Credit Card is declined or a Bank Account debit is returned
for any reason, Operator may, at its option, cease automatic debits from the Bank Account or charges to the Credit Card and require that
Customer pay all amounts due under this Agreement by cash, check or otherwise. Automatic Payments from a Bank Account may take up to 45
days to start, and as such Customer should continue to make payments by an alternate payment method until Customer is notified that Automatic
Payments have begun.

Customer Signature: [sig|req|signer1]

TERMS AND CONDITIONS:

1. Cube. Customer has examined the Cube and Store and rents the Cube (“Cube”) for the Term in “as-is” condition. The measurements of the
Cube are an approximation only and do not refer to usable space and any referenced Cube size is given for illustration only and may vary from
actual Cube measurements. Customer will have access to the Store and Cube only during such hours and days as are regularly posted at the
Store, which are subject to change by Operator, and further provided that Customer is not in default under this Agreement. Customer shall
safeguard the Cube and securing Customer’s personal property (the “Cube Contents”), and Customer shall provide one lock for the rental of the
Cube to secure the Cube and Cube Contents. If Customer or Customer’s guest damages the Cube or the Store, Customer will immediately pay to
Operator the costs to repair the damage. Customer is solely responsible for locking the Cube and securing the Cube Contents. In an emergency,
Operator may relocate the Cube Contents to a different space and Customer will rent that space as the Cube under this Agreement. Operator may
access the Cube for inspections, repairs, or maintenance. Except in an emergency, Customer will receive advance notice by email of Operator’s
intent to access the Cube and, if Customer does not provide access within 5 days, Operator may remove the lock and access the Cube without
Customer being present. Operator does not assume care, custody of, or control over, the Cube Contents even if Operator enters the Cube or
denies Customer access to the Cube. No bailment or deposit of goods for safekeeping is intended or created under this Agreement.

2. Storage of Personal Property. Customer will store only the Cube Contents in the Cube, and the Cube Contents shall have an aggregate fair
market value of no more than $5,000. Customer has read and reviewed the Rules and Regulations located at
https://www.cubesmart.com/legal/rulesandregulations/ and Customer agrees to abide by those Rules and Regulations. Operator shall have the
right from time to time to amend, update or otherwise change the Rules and Regulations for the safety, care, and cleanliness of the Store and all
common areas, or for the preservation of good order. Customer agrees to not use the Cube for any prohibited purposes, including for residential
purposes, or use the Cube in violation of the Prohibited Uses contained in the Rules and Regulations. Customer agrees to take precautions and
act in a reasonable and prudent manner when storing the Cube Contents. Such precautions and reasonable acts shall include, without limitation,
storing the Cube Contents in the Cube in a manner that prevents the occurrence of mold or mildew growth within the Cube. In furtherance of
such obligations, CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

a. To not store or bring in to the Cube any personal property of any kind or type that is wet, moist, or otherwise impacted by moisture
including without limitation by rain, plumbing leaks, power failure, intentional or negligent acts, flood, or stream or river waters;
b. To keep the Cube Contents free from dirt and debris that can harbor mold;
c. To not air-dry wet clothes, household goods, furniture, linens, bedding, toys, merchandise, files or any other personal property of any
kind in the Cube;
d. To inspect the Cube Contents regularly for the indications and sources of indoor moisture;
e. To immediately report to management any discoloration evidenced on the Cube Contents or walls, floors, or ceiling and/or any water
intrusion, such as plumbing leaks, drips or flooding;
f. To clean upon first appearance, any suspected mildew from condensation on or moisture contained in the Cube Contents in accordance
with best practices. Dispose of any rags or sponges used to clean the mildew in a sealed bag as directed by Operator;
g. TO REPORT TO OPERATOR IN WRITING AND VERBALLY THE PRESENCE OF ANY SUSPECTED MOLD GROWTH O
SURFACES INSIDE THE CUBE;
h. To allow Operator immediate entry to the Cube to inspect and take any reasonable actions if mold or water intrusion are present;
i. To maximize the circulation of air by keeping the Cube Contents away from walls and out of corners.

3. Payment and Reasonableness of Fee Schedule. Customer will pay the Monthly Rent and any tax or assessment levied on the Monthly Rent
in advance, without demand, setoff or reduction, on each Monthly Rent Due Date. Customer will pay all applicable Fees when due. All payments
will be applied to the oldest delinquency first, including the Fees which have become due. Customer agrees that the Fees and Schedule of the
Fees in Section A are reasonable and are not a penalty. Customer recognizes and understands that the Fees and schedule of Fees are agreed upon
because it is difficult to calculate the administrative costs or damages that Operator will incur due to the Cube rental or Customer’s default.

4. Changes to Lease. Operator may change or modify the terms and conditions of this Agreement including, but not limited, and without
limitation, Monthly Rent, late fees, Administrative Lien Fees and other charges, by notifying Customer in accordance with the notice provisions
of this Agreement at least 30 days in advance of such changes and modifications. If Customer continues use of the Cube for 30 days after the date
of the advance notice of such changes or modifications, such use of the Cube by Customer is and shall be deemed an acceptance of the changes
or modifications to the terms and conditions of the Agreement that were contained in the 30-day advance notice. Only the continued use of the
Cube after the 30-day advance notice period is necessary for Customer to effectively accept the changes and modifications to the Agreement.

5. Termination of the Lease. Either Customer or Operator may terminate this Agreement at any time. If Customer terminates this Agreement
before the end of a monthly Term, Customer is obligated for the entire payment for the monthly Term and Customer will not receive a refund.
Before this Agreement terminates, Customer will remove all Cube Contents from the Cube and leave the Cube in the same condition it was in on
the Effective Date, subject to reasonable wear and tear.

6. Default. Customer will be in default for the violation of any terms of this Agreement, including if Operator does not receive any rent when due
or if Customer does not vacate and surrender the Cube as required by this Agreement. If Customer defaults on this Agreement, Operator may: (1)
immediately terminate this Agreement, (2) exercise any rights or remedies under this Agreement, at law, or in equity, (3) deem as abandoned any
Cube Contents not timely removed and which remain in the Cube or on the Property and dispose of them at Customer’s cost; (4) repair any
damage to the Cube at Customer’s cost, and/or (5) deactivate Customer’s gate code, if any, and, if Customer’s default continues for 5 days after
the date when rent is due under this Agreement, deny Customer access to the Cube. In addition to Operator’s other remedies, Operator may
deem Customer to be in “holdover” and immediately increase the Monthly Rent by 200% if Customer does not vacate and surrender the Cube as
required by this Agreement. Customer understands and agrees that Customer is responsible for the Operator’s attorneys’ fees, court costs, and
other expenses incurred by Operator in connection with Customer’s default, and Customer agrees to promptly pay Operator those fees, costs and
expenses. If Customer is renting more than one Cube at any given time, default on one rented Cube shall constitute default on all rented Cubes,
entitling Operator to deny access on all rented Cubes.

7. Operator’s Statutory Lien. UNDER THE SELF-SERVICE STORAGE FACILITY ACT (770 ILCS 95/1 ET. SEQ.), OPERATOR HAS
A LIEN ON ALL CUBE CONTENTS, WHETHER OR NOT OWNED BY CUSTOMER, FOR RENT, LABOR, OR OTHER
CHARGES, PRESENT OR FUTURE, IN RELATION TO THE CUBE CONTENTS, AND FOR ANY FEES OR EXPENSES
NECESSARY FOR THE PRESERVATION OF THE CUBE CONTENTS, OR EXPENSES REASONABLY INCURRED IN THE SALE
OR OTHER DISPOSITION OF THE CUBE CONTENTS.CUSTOMER UNDERSTANDS AND AGREES THAT THE CUBE
CONTENTS MAY BE SOLD TO SATISFY ALL OR PART OF OPERATOR’S LIEN IF CUSTOMER IS IN DEFAULT OF THIS
AGREEMENT AND THE USE OF AN ONLINE AUCTION OR LIEN SALE PROVIDER IS DEEMED TO BE SOLD IN
COMMERCIALLY REASONABLE MANNER. If a published advertisement of the sale is required, Operator may meet this requirement by
posting an advertisement on Operator’s website, www.cubesmart.com or www.cubesmart.com/storage-auctions/ . At any time prior to
a lien sale, any person claiming a right to the Cube Contents subject to the lien sale may stop the sale by paying in full in the form of CASH
ONLY all amounts owed. Upon release of the Cube Contents to the payor, Operator shall have no further liability to any person for the liened
property.

8. INSURANCE.

a. CUSTOMER AGREES TO AND DOES BEAR THE ENTIRE RISK OF LOSS FOR THE CUBE CONTENTS.
b. AS A MATERIAL CONDITION OF THIS AGREEMENT, CUSTOMER SHALL AND PROMISE TO (1) PURCHASE AND
MAINTAIN INSURANCE FOR THE CUBE CONTENTS FOR THEIR FULL REPLACEMENT VALUE, OR (2)
PARTICIPATE IN THE SURESMART PROTECTION PLAN DESCRIBED IN PARAGRAPH 9 BELOW (THE
“SURESMART PROTECTION PLAN”). CUSTOMER UNDERSTANDS THAT IT IS ENTIRELY CUSTOMER’S CHOICE
TO EITHER MAINTAIN INSURANCE ON THE CUBE CONTENTS OR PARTICIPATE IN THE SURESMART
PROTECTION PLAN. THE OPERATOR ADVISED CUSTOMER TO CHECK THE TERMS AND CONDITION OF
CUSTOMER’S HOMEOWNERS OR APARTMENT INSURANCE TO DETERMINE WHETHER CUSTOMER MAY HAVE
INSURANCE COVERAGE FOR THE CUBE CONTENTS.
C. CUSTOMER UNDERSTANDS THAT THE OPERATOR DOES NOT AND WILL NOT INSURE THE CUBE CONTENTS
AND THAT THE OPERATOR IS NOT RESPONSIBLE OR LIABLE FOR THE LOSS OF ANY CUBE CONTENTS.
CUSTOMER UNDERSTANDS THAT CUSTOMER WILL BE MATERIALLY BREACHING THIS AGREEMENT AND IN
DEFAULT OF THIS AGREEMENT IF CUSTOMER FAILS AT ANY TIME DURING THE TERM OF THIS AGREEMENT
TO MAINTAIN THE REQUIRED INSURANCE OF THE CUBE CONTENTS FOR THE FULL REPLACEMENT VALUE OR
PARTICIPATE IN THE SURESMART PROTECTION PLAN.

By initialing here [initial|req|signer1] , Customer acknowledges that Customer understands the provisions of this paragraph 8 and agrees to these
provisions and that maintaining insurance or participation in the SureSmart Protection Plan is Customer’s sole responsibility and obligation.

9. SURESMART PROTECTION PLAN. Participation in the SureSmart Protection Plan is not mandatory, and it is Customer’s choice whether
to participate in the SureSmart Protection Plan as an alternative to the requirement to maintain insurance on the Cube Contents set forth in
Paragraph 8. Customer understands that participation in the SureSmart Protection Plan is voluntary.

a. SureSmart Protection Plan. For an additional monthly payment by the Customer (the “SureSmart Protection Plan Payment”), Operator
agrees to and will assume limited liability for loss of or damage to the Cube Contents if the loss or damage (i) occurs while the Cube
Contents are stored in the Cube and (ii) is caused by an event listed in subparagraph c below. Operator’s assumption of limited liability
modifies Customer’s waiver and release of liability for Cube Contents loss or damage in Paragraph 11 of the Agreement and releases
Customer from the obligation to maintain insurance under Paragraph 8 of the Agreement. Operator otherwise has no liability for loss or
 damage to the Cube Contents. Customer understands and agrees that the SureSmart Protection Plan is an indemnity agreement
incidental to the Agreement and not insurance, and that Operator is not an insurance company.
b. Options for Customer Participation in the SureSmart Protection Plan.
Customer has three options for participation in the SureSmart Protection Plan and the extent of Operator’s limited liability depends on
the limit of liability selected by the Customer. The limit of liability and monthly cost options for Customer to select for participation in
the SureSmart Protection Plan are set forth below:

Coverage: ☒ $2,000.00 ☐ $3,000.00 ☐ $5,000.00

Total Monthly Cost: $12.00 $17.00 $27.00

Customer must also select one of the three options below to participate in the SureSmart Protection Plan:

☒ Option A – Use of Disc or Cylinder Lock : This Option may be selected only if Customer agrees to lock the Cube with a disc or cylinder lock.
If the loss of or damage to the Cube Contents is the result of burglary and if the Cube was locked with a disc or cylinder lock, Operator agrees to
assume limited liability for the loss or damage up to the Limit of Liability selected above. If the loss of or damage to the Cube Contents was
caused by any event listed in subparagraph c. below other than burglary, Operator agrees to assume limited liability for the loss or damage to the
Cube Contents caused by any event listed in subparagraph c. below in excess of $100, up to the Limit of Liability selected above.

☐ Option B – Use of Customer Lock : Operator agrees to assume limited liability for loss or damage to the Cube Contents caused by any event
listed in subparagraph c. below in excess of $100, up to the Limit of Liability selected above.

☐ Option C - Vehicles : Operator agrees to assume limited liability for loss of or damage to a land motor vehicle, boat, mobile equipment or
trailer identified below if (a) the vehicle is stored in Customer’s indoor or outdoor open-air parking space at the Store and (b) the loss or damage
is caused by one of the applicable events listed in subparagraph c. below in excess of $100.

License Plate License Plate

Make Model VIN Description
Number State

c. Causes of Loss or Damage. Operator assumes liability, up to the Limit of Liability described in subparagraph b of this Paragraph 9, for
direct physical loss or damage to the Cube Contents while stored in the Cube and caused by any of these events:

 Fire or Lightning
 Sonic Boom.
 Explosion, including the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages
through which the gases of combustion pass. This cause of loss does not include loss or damage by rupture, bursting or
operation of any one or more pressure-relief devices or rupture or bursting due to expansion or swelling of the Cube Contents
of any building or structure at the Store, caused by or resulting from water.
 Windstorm or Hail, but not including, frost or cold weather; ice (other than hail), snow or sleet, whether driven by wind or
not; or loss or damage to the interior of any building or structure at the Store, or to the Cube Contents inside the building or
structure at the Store, caused by rain, snow, sand or dust, whether driven by wind or not, unless the building or structure at the
Store first sustains wind or hail damage to its roof or walls through which the rain, snow, sand or dust enters.
 Smoke causing sudden and accidental loss or damage, but not including smoke from agricultural smudging or industrial
operations.
 Aircraft or Vehicles, meaning only physical contact of an aircraft, a spacecraft, a self-propelled missile, a vehicle, or an object
thrown up by a vehicle, with the Cube Contents or with the building or structure at the Store containing the Cube Contents.
This cause of loss includes objects falling from aircraft.
 Riot or Civil Commotion, including, acts of striking employees while occupying the building or structure at the Store; and
looting occurring at the time and place of a riot or civil commotion.
 Vandalism, meaning willful and malicious damage to, or destruction of, the Cube Contents at the building or structure at the
Store.
 Sinkhole Collapse, meaning the sudden sinking or collapse of land into underground empty spaces created by the action of
water on limestone or dolomite. This cause of loss does not include, the cost of filling sinkholes; or sinking or collapse of land
into manmade underground cavities.
 Falling Objects but this cause of loss does not include, objects falling from aircraft; or loss or damage to Cube Contents in the
open except to a vehicle if Option C is selected; or the interior of a building or structure at the Store, or Cube Contents inside a
building or structure at the Store, unless the roof or an outside wall of the building or structure at the Store is first damaged by a
falling object.
 Weight of Snow, Ice or Sleet but Operator will not pay for loss or damage to the Cube Contents outside of buildings or
structures at the Store, except to a vehicle if Option C is selected.
  Burglary, meaning the unlawful taking of Cube Contents from inside of the Cube by a person unlawfully entering or leaving
the Cube as evidenced by marks of forcible entry or exit.
 Collapse meaning an abrupt falling down or caving in of the building or structure at the Store or any part of the building or
structure at the Store with the result that the building or structure at the Store or part of the building or structure at the Store
cannot be occupied for its intended purpose and such Collapse is caused by one or more of the following:

◦ Fire or Lightning; Sonic Boom; Explosion; Windstorm or Hail; Smoke; Aircraft or Vehicles; Riot or Civi
Commotion; Vandalism; Sinkhole Collapse; Falling Objects; Weight of Snow, Ice or Sleet; or Water Damage but on
as, and to the extent that those causes of loss are covered by the SureSmart Protection Plan;
◦ Damage; but only as, and to the extent that, those causes of loss are covered by the Protection Plan;
◦ Building or structural decay that is hidden from view;
◦ Insect, vermin or rodent damage that is hidden from view;
◦ Weight of people or Cube Contents at the building or structure at the Store;
◦ Weight of rain or snow that collects on a roof; or
◦ Use of defective material or methods in construction, remodeling or renovation, if the Collapse occurs during the
course of that construction, remodeling or renovation.

Collapse does not apply to Cube Contents stored in the building or structure at the Store or any part of the building or structure
at the Store that is in danger of falling down or caving in, but that has not abruptly fallen down or caved in; or Cube Contents
stored in a part of the building or structure at the Store that is standing, even if it has separated from another part of the
building or structure at the Store; or in building or structure at the Store that is standing or any part of the Store that is standing,
even if the building or structure at the Store or the Cube Contents show evidence of cracking, bulging, sagging, bending,
leaning, settling, shrinkage or expansion.

 Earthquake and Volcanic Eruption, meaning earthquake shocks or the eruption, explosion, or effusion of a volcano. All
earthquake shocks or volcanic eruptions that occur within any 168 consecutive hour period will constitute a single earthquake
or volcanic eruption. The expiration or termination of the Protection Plan will not reduce the 168-hour period. If a loss by fire
or volcanic action results from the eruption, explosion, or effusion of a volcano, Operator will pay for that resulting loss. Loss
by volcanic action means direct loss resulting from the eruption of a volcano when the loss is caused by airborne volcanic blast
or airborne shock waves, ash, dust or particulate matter; or lava flow. Loss by volcanic action does not include any cost to
remove ash, dust or particulate matter that does not cause direct physical loss to the Cube Contents. Operator will not pay for
loss or damage caused by or resulting from any earthquake or volcanic action or eruption that began before Customer’s
participation in the SureSmart Protection Plan became effective.
 Water Damage, except for damage to the Cube Contents building or structure at the Store whether the loss arises from man-
made or natural forces from tidal waves; tsunami; tides; waves; flood (which means a general and temporary condition of
partial or complete inundation of normally dry land area from inland or tidal waters); surface water (which means the unusual
and repaid accumulation of water above the ground surface); overflow of any body of water or their spray, all whether driven
by wind or not; water that backs up or overflows from a sewer, drain or sump or water under the surface of the ground exerting
pressure on, flowing, or seeping through foundations, walls, floors or paved surfaces, basements, whether paved or not; or
doors, windows or other openings; mudslide or mudflow (which means flowing mud on the surface of normally dry land); or
release of water impounded by a dam.

d. Cube Contents Not Included. Operator will not pay for loss or damage to the following kinds of Cube Contents: accounts, bills,
currency, data, documents, records, deeds, evidences of debt, money, notes, securities or stamps; animals, birds or fish; aircraft; firearms
and ammunition; furs, fur garments and garments trimmed with fur; jewelry, watches, precious or semiprecious stones, bullion, gold,
goldware, gold plated ware, silver, silverware, platinum or other precious metals or alloys; photographic equipment; Cube Contents
while in the custody of other bailees unless the Cube Contents are within the Cube; contraband or other Cube Contents held for, or in the
course of, illegal transportation, sale, or trade; valuable papers and records, including those which exist as electronic data and
photographs.
e. Additional Protections. The following Additional Protections do not increase Customer’s selected Limit of Liability and are limited to
no more than 25% of the Limit of Liability described in subparagraph b of this Paragraph 9, plus the deductible amount applicable to
that loss or damage.

 Debris Removal. Operator will pay Customer’s out-of-pocket expense to remove debris of the Cube Contents caused by one
of the events listed in subparagraph c. above provided such expense is reported to Operator or an authorized c
representative within 180 days of the earlier of, the date of direct physical loss or damage; or the end of the SureSmart
Protection Plan. This Additional Protection does not apply to any cost to extract pollutants from land or water; or remove,
restore or replace polluted land or water.
 Cube Contents in Transit Protection. Operator also agrees to assume limited liability for loss of or damage to the Cube
Contents that occurs while the Cube Contents are in transit within 100 miles of the Store and being transported to or from the
Store at the time of the loss or damage, but only if that loss or damage is caused by one of these events: fire, lightning,
explosion, windstorm, hail, riot, civil commotion, vandalism or vehicle collision or upset or overturn of a vehicle upon which
 the Cube Contents are being transported. Collision means accidental contact of a vehicle with another vehicle or object; it does
not mean a vehicle's contact with the road ‐bed.
 Substitute Storage Unit Rental Expense. Operator will pay Customer’s actual and necessary expense for a substitute storage
unit that is incurred because of direct physical loss to the Cube that renders the Cube inaccessible or unusable. The loss must be
caused by or result from a cause of loss by one of the events listed in subparagraph c. above.
f Exclusions. Operator will not pay for a loss caused directly or indirectly by any of the following. Such loss is excluded regardless of
any other cause or event that contributes concurrently or in any sequence to the loss.

 Governmental Action. Any governmental action, seizure or destruction of Cube Contents by order of governmental authority.
But Operator will pay for acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its
spread, if loss caused by that fire would be covered under the SureSmart Protection Plan.
 Nuclear Hazard. Any weapon employing atomic fission or fusion; or nuclear reaction or radiation, or radioactive
contamination from any other cause. However, if these cause a fire, Operator will pay for direct loss caused by that fire if that
loss would otherwise be covered under the SureSmart Protection Plan.
 War and Military Action. War; including undeclared or civil war, warlike action by a military force, including action in
hindering or defending against an actual or expected attack by any government, sovereign or other authority using military
personnel or other agents; or insurrection, rebellion, revolution, usurped power or action taken by governmental authority in
hindering or defending against any of these
 Earth Movement. Any earth movement other than an earthquake, such as a landslide, or earth sinking, rising or shifting. But if
loss or damage by fire or explosion results from such earth movement, Operator will pay for loss caused by that fire or
explosion if that loss would otherwise be covered under the SureSmart Protection Plan. This exclusion applies whether the loss
arises from man-made or natural forces.
 Loss of Use. Delay, loss of use, loss of market or any other consequential loss.
 Dishonesty. Dishonest acts by Customer, or any of Customer’s employees (including leased employees), partners, members,
trustees, officers or authorized representatives, anyone else with an interest in the Cube Contents, or their employees or
authorized representatives, anyone else (other than a carrier for hire) to whom Customer entrusts the Cube Contents. This
exclusion applies whether or not such persons are acting alone or in collusion with other persons, and whether or not such acts
occur during the hours of employment.
 Shortage. Shortage found upon taking inventory, unexplained loss, or mysterious disappearance.
 Processing. Processing or work performed on the Cube Contents, unless the loss or damage to the Cube Contents was caused
by fire or explosion resulting from such processing or work, if that loss would otherwise be covered under the SureSmart
Protection Plan.
 Electric Malfunction. Artificially generated electric current creating an electric disturbance (including arcing) within the
Cube, except that Operator will pay for loss caused by a resulting fire or explosion if that loss would otherwise be covered
under the SureSmart Protection Plan.
 Media Restoration. The cost to research, replace or restore converted data, programs, or instructions, used in any data
processing operation, including the media or materials on which the data, programs, or instructions are recorded.
 Wear and Tear. Wear and tear, any quality in the Cube Contents that causes it to damage or destroy itself, gradual
deterioration, insects, vermin or rodents.
 Weather. Weather conditions but only to the extent such weather conditions contribute in any way with a cause or event that
would be excluded in the Water Damage provision.
 Mechanical Breakdown. Mechanical breakdown or failure of all or any portion of the Cube Contents.
 Defect. Faulty, inadequate or defective design, specifications, workmanship, repair, materials, or maintenance of all or any
portion of the Cube Contents.

g. Maximum Amount the Operator Will Pay. Operator will assume liability for and pay the lesser of the actual cost paid by Customer to
repair the damaged Cube Contents or the actual cost of replacing the lost or damaged item with an item of similar quality and condition.
The maximum amount Operator will pay for all loss or damage to the Cube Contents is the Limit of Liability selected in subparagraph b
of this Paragraph 9.
h. Concealment, Misrepresentation or Fraud. Operator will not assume any liability for loss of or damage to the Cube Contents if
Customer has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which protection
is sought under the SureSmart Protection Plan.
i. Duties in the Event of Loss. Customer has a duty to cooperate with Operator and its representatives in the investigation of loss or
damage to the Cube Contents. Cooperation includes, but is not limited to: notifying the police in the event of a burglary or other
violation of law; providing prompt written notice of the loss or damage to the Operator, including a description and details of the loss;
taking reasonable steps to protect the Cube Contents from further damage; providing a written inventory of the damaged Cube Contents
including a description, age and replacement cost of the damaged Cube Contents; allowing inspection of the damaged Cube Contents;
completing a sworn proof of loss within thirty (30) days of a request for proof of loss by the Operator; meeting with representatives as
necessary; and any other duties as requested by Operators and its representatives during the investigation or settlement of any loss or
damage to the Cube Contents.
 j. Valuation. The value of the Cube Contents will be the least of the following amounts: the actual cash value of the Cube Contents; the
cost of reasonably restoring the Cube Contents to their condition immediately before loss or damage; or the cost of replacing the Cube
Contents with substantially identical property. In the event of loss or damage, the value of the Cube Contents will be determined as of
the time of loss or damage. In case of loss or damage to any part of a pair or set, Operator may repair or replace any part to restore the
pair or set to its value before the loss or damage or pay the difference between the value of the pair or set before and after the loss or
damage.
k. Failure to Pay Rent. If Customer fails to pay all Monthly Rent, SureSmart Protection Plan Payment, and Fees due under this
Agreement within five (5) days of the Monthly Due Date, the selected SureSmart Protection Plan Option will be cancelled without
further notice to Customer. Operator will not be responsible for any loss or damage to any of the Cube Contents from any event or
cause. Upon payment of all amounts due and owing, Operator, at its sole discretion, may reinstate the SureSmart Protection Plan Option
for the Cube Contents.
l. Cancellation. Customer may cancel participation in the SureSmart Protection Plan by sending Operator thirty (30) days’ advance
written notice of cancellation in accordance with Paragraph 15 of this Agreement. Operator may cancel Customer’s participation in the
SureSmart Protection Plan by sending Customer thirty (30) days’ advance written notice of cancellation.

By initialing here [sig|req|signer1], Customer acknowledges that Customer understands the provisions of this paragraph 9 and agrees to these
provisions and that Customer has elected to participate in the SureSmart Protection Plan and Customer’s participation in such plan is voluntary.

10. Decline Participation in SureSmart Protection Plan. If Customer chooses not to participate in the SureSmart Protection Plan, Customer
agrees to keep the following insurance coverage (or equivalent replacement coverage) in force during the term of this Agreement. A copy of
Customer’s policy declarations page is attached as evidence of coverage and Customer agrees to provide Operator with evidence of all renewals
of Customer’s policy during the term of this Agreement.

Insurance Company Name:

Policy Number:
Policy Expiration Date:

Coverage: ◻ Home Owners ◻ Renters ◻ Business ◻ Owners ◻ Auto ◻ Other

By initialing here , Customer acknowledges that Customer understands the provisions of this paragraph 10 and agrees to these provisions and
that Customer has elected to keep and maintain insurance coverage (or equivalent replacement coverage) in force during the term of this
Agreement.

11. Waiver, Release, & Indemnity. ALL CUBE CONTENTS STORED WITHIN THE CUBE BY THE CUSTOMER SHALL BE AT THE
CUSTOMER’S SOLE RISK. CUSTOMER WAIVES, AND CUSTOMER RELEASES THE OPERATOR PARTIES FROM, ANY
CLAIMS THAT CUSTOMER MAY HAVE IF THE CUBE CONTENTS ARE LOST, STOLEN, OR DAMAGED FOR ANY REASON
WHATSOEVER (INCLUDING FIRE, WATER, ELEMENTS, ACTS OF GOD, THEFT, BURGLARY, VANDALISM, MYSTERIOUS
DISAPPEARANCE, MOLD, MILDEW, RODENTS, INSECTS, OR THE ACTIVE OR PASSIVE ACTS OR OMISSIONS OF THE
OPERATOR PARTIES). Operator Parties have not made and do not make any representations or warranties, including any representations or
warranties as to the physical and environmental condition, or other matters with respect to the Store. Operator Parties hereby disclaim all
warranties of any kind or nature whatsoever (including, without limitation, warranties of habitability and fitness for particular purposes), whether
expressed or implied including, without limitation warranties with respect to the Cube. Customer acknowledges that it is not relying upon any
representation of any kind or nature made by Operator Parties. Customer waives any right of subrogation that Customer’s insurance company
may have against the Operator Parties, and Customer will cause their insurance policy to reflect this waiver. Customer will indemnify, defend,
and hold harmless the Operator Parties from any Claims arising out of (1) the acts, omissions, negligence, or breach of this Agreement by
Customer or Customer’s guests, and (2) the loss, damage, or release of any Cube Contents including any private or personally identifiable
information. “Operator Parties” refers to the record owner of the Store, Operator, CubeSmart Management, LLC, CubeSmart, CubeSmart, L.P.,
and their officers, directors, employees, agents, subsidiaries, parents, affiliates, successors, and assigns. “Claims” refers to any claims, costs,
liabilities, or damages (including indirect, incidental, special, or consequential), arising from strict liability, Operator’s negligence, or otherwise.

12. WAIVER OF TRIAL BY JURY AND ONE YEAR STATUTE OF LIMITATIONS. OPERATOR AND CUSTOMER EACH WAIVE
THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY ACTION. OPERATOR AND CUSTOMER WAIVE AND RELEASE
EACH OTHER FROM ALL CLAIMS FOR WHICH A LAWSUIT OR ACTION HAS NOT BEEN COMMENCED WITHIN 1 YEAR
AFTER THE CLAIM AROSE.

13. OPERATOR’S LIMITATION OF LIABILITY & WARRANTIES. THE OPERATOR PARTIES’ MAXIMUM, AGGREGATE
LIABILITY WITH RESPECT TO THE CUBE CONTENTS IS $5,000. I WAIVE ANY RIGHT TO MAKE A CLAIM FOR MORE
THAN $5,000 IN THE AGGREGATE AGAINST THE OPERATOR PARTIES WITH RESPECT TO THE CUBE CONTENTS.
OPERATOR PARTIES DO NOT MAKE AND DISCLAIMS, AND I WAIVE, ALL WARRANTIES OF ANY KIND WITH RESPECT
TO THE STORE, THE CUBE, THE GATES, THE DOORS, OPERATOR PARTIES’ SERVICES OR ANY ITEMS SOLD AT THE
STORE. I WAIVE ANY CLAIMS FOR SENTIMENTAL OR EMOTIONAL VALUE RELATED TO ALL OR ANY PORTION OF THE
CUBE CONTENTS. NO PROMISES OR REPRESENTATIONS OF SAFETY OR SECURITY HAVE BEEN MADE TO CUSTOMER
BY THE OPERATOR PARTIES. THERE SHALL BE NO LIABILITY TO OPERATOR PARTIES IF THE ALARM, VIDEO OR
SPRINKLER SYSTEMS, THE GATES, DOORS OR ANY COMPONENTS THEREOF, SHALL FAIL OR MALFUNCTION.

14. Customer’s OFAC Representation and Warranty. Customer has been, and will continue to be, in compliance with U.S. Executive Order
13224 (“Order”). Customer is not a Blocked Person, Specially Designated National, Terrorist, Global Terrorist, part of a Foreign Terrorist
Organization, Specially Designated Narcotics Trafficker, or otherwise included in the OFAC List, Order, or 31 CFR Ch V (Part 595) Appendix A.

15. Notices. Any notices that Customer sends to Operator must be in writing and sent by certified mail to the Store address. Any notices that
Operator sends to Customer shall be sent in accordance with applicable law. Operator and Operator’s employees and agents may contact
Customer by phone or text with business-related communications. Unless prohibited by applicable law, Operator may send all notices to
Customer (including default and lien sale notices) to Customer’s e-mail address in the Customer Information section of this Agreement.
Customer will immediately send notice to Operator of any changes to Customer’s address, phone number, e-mail address or any other Customer
Information set forth in this Agreement. Customer releases Operator from any Claims that may arise if Customer does not notify Operator of any
changes to the Customer Information.

16. Electronic Marketing Preferences. Customer entered into a business relationship with Operator, and Customer consents to and agrees that
Operator and Operator’s employees, agents, vendors, and contractors may contact Customer by e-mail, electronic (including without limitation
social media, forums, or other forms of written, visual or audio communications) or written communications, or otherwise with business and
marketing-related communications. Customer may revoke or withdraw Customer’s consent to receive promotional emails at any time by
providing notice to Operator in accordance with Paragraph 15 of this Agreement or by clicking the “unsubscribe” link contained in a marketing
email.

17. Telephone Communications. Customer agrees that Operator and Operator’s employees, agents, vendors, and contractors may call or send
recurring text messages to Customer by telephone (including, without limitation, through the use of prerecorded/artificial voice messages and/or
automatic telephone dialing system) with marketing communications at the telephone number provided by Customer. Customer’s consent is not
a condition of purchasing any goods or services. In the case of text messages, message and data rates may apply. Customer may revoke consent
at any time by providing notice to Operator in accordance with Paragraph 15 of this Agreement or by following any instructions which may be
contained in a call or text message.

18. Privacy Policy/Release of Information. Customer acknowledges and agrees that information collected pursuant to this Agreement is
subject to the terms and conditions of Operator’s Privacy Policy located at https://www.cubesmart.com/legal/privacy-policy/ and is
incorporated in full herein by reference. If Customer is a California resident, then the collection, use, disclosure, and other processing of
personal information about Customer is subject to Operator’s California Privacy Notice, which can be found at
https://www.cubesmart.com/legal/privacy-policy/california-privacy-notice/ . Customer hereby authorizes Operator Parties to
release any information regarding Customer as may be required by law or requested by governmental authorities or agencies, law enforcement
agencies, or courts, or to others for marketing and similar purposes to the extent permitted by, and subject to Customer’s rights under, applicable
law.

19. Miscellaneous. This is the entire Agreement. This Agreement binds and inures to the benefit of Operator and Customer and their respective
successors, heirs, administrators, legal representatives, and permitted assigns, and is governed by the laws of the state where the Store is located.
If any part of this Agreement is unenforceable or invalid, the remaining parts of this Agreement will remain enforceable and valid. As used in this
Agreement, “rent” refers to Monthly Rent and all fees, charges, and other amounts that Customer must pay under this Agreement. Customer will
not assign this Agreement or sublease the Cube without Operator’s consent. Operator may freely assign this Agreement. If Customer is a
business, the person signing for Customer represents and warrants that he/she is authorized to sign, and to bind the business to, this Agreement.
Time is of the essence.

20. BINDING ARBITRATION: In the event of a dispute arising under or relating to this Agreement, such dispute will be finally and
exclusively resolved by binding arbitration. NEITHER CUSTOMER NOR OPERATOR PARTIES SHALL HAVE THE RIGHT TO
LITIGATE ANY CLAIM IN COURT OR TO HAVE THE CLAIM DECIDED BY A JUDGE OR JURY. DISCOVERY RIGHTS, SUCH
AS EACH PARTY’S RIGHT TO THE EXCHANGE OF PREHEARING INFORMATION OR PREHEARING TAKING OF SWORN
TESTIMONY, MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a single neutral arbitrator, whose
decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Consume
Arbitration Rules, both of which are available at the AAA website www.adr.org. Arbitration shall be commenced by making written demand on
the other party by certified mail. The demanding party must provide the other party with a demand for arbitration that includes a statement of the
basis for the dispute, the names and addresses of the parties involved, and the amount of monetary damages involved and/or any other remedy
sought. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the
arbitration shall take place in Chicago, Illinois. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or
to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Federal Arbitration Act and federal arbitration law apply
to this agreement. Each party shall bear its own costs and fees, including but not limited to witness and attorneys’ fees,
involved in the arbitration, with the exception of the arbitrator’s fees and expenses which shall be shared and borne
equally by the Operator and Customer. If the Customer demonstrates an inability to pay their one-half share of the
arbitration costs, then the Operator agrees to pay the full share of such costs, which expressly excludes witnesses and
attorney fees or other costs incurred by the Customer for their own benefit.
21. CLASS ACTION WAIVER: Any arbitration or proceeding shall be limited to the dispute between Operator and Customer individually. To
the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there shall be no right or authority for any
dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there shall be no right or authority for any
dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. CUSTOMER AGREES THAT
CUSTOMER MAY BRING CLAIMS AGAINST OPERATOR ONLY IN CUSTOMER’S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Customer and Operator, intending to be legally bound, sign this Agreement as of the Effective Date. CUSTOMER MAY NOT STORE ITEMS
IN THE CUBE WITH A TOTAL VALUE ABOVE $5,000. OPERATOR’S MAXIMUM LIABILITY FOR STORED ITEMS, IF ANY, IS
$5,000.

CUBESMART MANAGEMENT, LLC, in its capacity as manager CUSTOMER

of the Store

By: /s/ [sig|req|signer1]

Operator (electronic signature) [date|req|signer1]
James Davis 06/01/2023

©2020 CUBESMART CONFIDENTIAL AND PROPRIETARY INFORMATION