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  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
  • Rocky Top Rentals, LLC., a Limited Liability Company vs Scott, Melissa Rashelle(09) Limited Other Collections - 10,000 - 25,000 document preview
						
                                

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F Superior Court of California | County of Butte JEFFREY A. CLARK, SBN 70546 JEFFREY A. CLARK & ASSOCIATES, A.P.L.C. L 6/3/2020 2999 Overland Avenue, Suite 127 E Los Angeles, California 90064-4257 D jclark@clark-law.net Tel: (310) 815-9440 By Deputy Fax: (310) 815-0518 Attorneys for Plaintiff, Rocky Top Rentals, LLC SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE ROCKY TOP RENTALS, LLC., a Case No. ZOCVO/ 005 10 Limited Liability Company, DECLARATION OF ROCHELLE il Plaintiff, ZELENKA-DIATIKAR IN SUPPORT OF APPLICATION FOR WRIT OF 12 vs. POSSESSION 13 MELISSA RASHELLE SCOTT, an Date: 09123 /2 020 individual; and DOES 1 through 10, ime: ‘Mam. 14 inclusive, Dept: 15 Defendants. 16 17 I, Rochelle Zelenka-Diatikar, declare and state as follows: 18 19 1 The statements contained herein are personally known by me to be true and 20 correct, and if called upon as a witness, I could and would competently testify thereto. 21 2 I am employed by the Plaintiff Rocky Top Rentals, LLC., a Limited Liability 22 Company (hereinafter referred to as "Plaintiff"), as a Director Resolution and Recovery. I am the 23 custodian of records for this account, and my current job duties include the supervision and collection 24 of delinquent accounts. 25 3 My job responsibilities as a Director Resolution and Recovery include overseeing 26 delinquent accounts and I maintain responsibility for certain delinquent accounts. In addition, I am the 27 Custodian of Records for Plaintiff for certain files, of which this is one. This is substantiated by the 28 following facts: 1 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION (a) During my employment with Plaintiff I have learned the types of Plaintiff’s business records, their nature, purpose, use in the meaning and interpretation of these records. (b) I am now charged with the responsibility for maintaining the books and records of Plaintiff as they pertain to the account involved in this case. Thus, I have personal knowledge of the manner and means by which books and records are stored, used and accounted for. 4 All matters pertaining to the accounts are entered into Plaintiff's business records at or near the time of the occurrence of the event recorded therein, such as the recording of payments received on contracts. These records are made in the regular course of Plaintiff's business by designated personnel as part of their official job duties. 10 5 I have personally reviewed the moving party’s records as they relate to the debtor 11 in this matter, and all exhibits attached to this declaration are true and correct copies of moving party’s 12 records as they are kept in the ordinary course of business. Further, all the facts set forth herein are 13 based upon my personal knowledge and review of the company’s records. 14 6. On or about January 12, 2018, Defendant entered into a written Rental Purchase 15 Agreement and Disclosure Statement (hereafter "Rental Agreement") with Plaintiff wherein Defendant 16 received possession of a Portable Storage Building described as a Deluxe Lofted Playhouse 12x36, 17 Inventory Number WSLBX-L1644-1236-092716 (hereinafter “Storage Building 1”). A true and correct 18 copy of the Rental Agreement is attached hereto as Exhibit "1" and incorporated by this reference as 19 though fully set forth. 7 20 Pursuant to the terms and conditions of the Rental Agreement, Defendant agreed 21 to rent Storage Building 1 from Plaintiff on a month to month basis for a total of 36 months. Plaintiff 22 would remain the owner of Storage Building 1 until paid in full, at which time Defendant would acquire 23 ownership of Storage Building 1. 24 8 Pursuant to the terms and conditions of the Rental Agreement, Defendant 25 agreed to pay Plaintiff a $332.69 security deposit followed by thirty-six (36) consecutive monthly 26 installment payments in the amount of $332.69 due on the 15" of each month. 27 Mt 28 Ml 2 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION 9 Plaintiff has performed all terms and conditions required of it to be performed under the Rental Agreement. However, from and since April 15, 2019, Defendant failed to make the required monthly installments as they became due pursuant to the terms thereof. 10. Thereafter, Plaintiff demanded that Defendant return Storage Building 1 to Plaintiff. However, Defendant refuses to return Storage Building 1. 11. Plaintiff is informed and believes that the estimated average fair market value of Storage Building 1 in fair condition to be approximately $8,995.00. This value is dependent on the condition and usage of the Sheds. 12. As a proximate cause of the default of Defendant in performing under the Rental 10 Agreement and refusing to return Storage Building 1, Plaintiff was entitled to, and did accelerate, the 11 total due under the Rental Agreement. The amount presently due and owing from said Defendant to 12 Plaintiff is $7,723.59, plus attorney’s fees and costs. 13 13. On or about September 20, 2017, Defendant entered into a written Rental 14 Purchase Agreement and Disclosure Statement (hereafter "Rental Agreement") with Plaintiff wherein 15 Defendant received possession of a Portable Storage Building described as a Lofted Barn 12x16, 16 Inventory Number WSLBX-D488-1216-081017-DP (hereinafter “Storage Building 2”). A true and 17 correct copy of the Rental Agreement is attached hereto as Exhibit "2" and incorporated by this 18 reference as though fully set forth. 19 14. Pursuant to the terms and conditions of the Rental Agreement, Defendant agreed 20 to rent Storage Building 2 from Plaintiff on a month to month basis for a total of 36 months. Plaintiff 21 would remain the owner of Storage Building 2 until paid in full, at which time Defendant would acquire 22 ownership of Storage Building 2. 23 15. Pursuant to the terms and conditions of the Rental Agreement, Defendant 24 agreed to pay Plaintiff a $287.11 security deposit followed by thirty-six (36) consecutive monthly 25 installment payments in the amount of $287.11 due on the 15" of each month. 26 16. Plaintiff has performed all terms and conditions required of it to be performed 27 under the Rental Agreement. However, from and since February 15, 2020, Defendant failed to make the 28 required monthly installments as they became due pursuant to the terms thereof. 2 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION oe 17, Thereafter, Plaintiff demanded that Defendant return the Storage Building 2 to Plaintiff. However, Defendant refuses to return Storage Building 2. 18. Plaintiff is informed and believes that the estimated average fair market value of Storage Building 2 in fair condition to be approximately $5,782.25. This value is dependent on the condition and usage of Storage Building 2. 19, As a proximate cause of the default of Defendant in performing under the Rental Agreement and refusing to return Storage Building 2, Plaintiff was entitled to, and did accelerate, the total due under the Rental Agreement. The amount presently due and owing from said Defendant to Plaintiff is $2,569.66, plus attorney’s fees and costs. 10 20. Plaintiff is informed and believes and thereon alleges that the Storage Building 1 11 and Storage Building 2 is located at 6080 Oro Banger Hwy, Oroville, CA 95966, as this is the where 12 Storage Building 1 and Storage Building 2 were delivered or Plaintiff's agent has made contact with 13 Defendant at this address. 14 15) I declare under penalty of perjury, under the laws of the State of California, the foregoing to be 16 true and correct. 17 18 Executed this qe, o ril, 2020, at ee sboro, T 19 20 for Rocky Top Rent: LLC 21 22 23 24 25 26 27 28 4 DECLARATION IN SUPPORT OF APPLICATION FOR WRIT OF POSSESSION EXHIBIT 1 a = pS rer i NTAL ROCKY TOP RENTALS, LLC P.O, BOX 331584 MURFREESBORO, TENNESSEE ‘37133 PH: 615-203- HASE At ANDO DISCLI 3165 IRE STA’ DATE EXECUTED; 01/12/2018 a LESBOR: ROCKY r TOP RENT/ ALS. LLC P.O. Box o 331584 MeNtTOOSDOND, Murfreesboro, Yonnewons Tennasees 37133 37133 Phone: Phone: 615-203:3165 615-203-3165 CONSUMER: Molisea Rashole Scott PHONE: (530) 588-6104 ADDRESS: 6080 Oro Bangor HWY Orovite COUNTY: ‘STATE:CA ZIP; 95066 For and in consideration of the mutual covenants and agreements contained herein, party, Leeaor hereby leases to CONSUMER and CONSUMER the Of which is hereby acknowledged by each heroby leases trom Lessor thet harein. The following ie disclosed < to CONSUMER pursuantto the Kamnetie Rentat-Purchase Act, Cal. Civ. Code § 1812.620, et seq., and is a material part of the parties’ 1. RENTED PROPERTY: _ PORTABLE STORAGE BUILDING: ‘S20 Work Order for further descriotion. 2. CONDIT OF RENTEDION PROPERTY: Now [—X] or [~]UsNadel ed- Yor_. 3. GASH PRICE OF RENTED PROPERTY: $8,995.00 , plus wales tax. 4. TERM: The term of this Agreement ia for one (1) Month. The minimum period the CONSUMER Is obligated under this rental purchase ‘agreement is one (1) month. ©‘additonal SONGUUER roy ‘The duration of the rental purchase agreement is _36_ months if all regularly scheduled periodic payments are made. renew this Agreement for consecutive terms‘of one (1) month by making 8 renewal rental peyment in advance for exch month CONSUMER wishes torent the property. 6. ‘+ $22.49 (Sales Tax) = $332.09 (TOTAL). Sales tax and total payment may "change due to chenges in tax law or comections to lax figured at time Of sale. tf CONSUMER pays more than one payment in advance, ‘Such additional payments or overpayments will apply towards future rental payments until the Early Purchase Option is exercised, 7. DUE DATE: Rent is due on the 18th day of each succeeding month. tax) AND OTHERWISE i: IF CONSUMER MAKES: COMPLIES WITH THIS. Sree 26) monthiy payments FOR A TOTAL COST OF _$14,167,20 (Pius sales AGREEMENT, CONSUMER ACQUIRE OWNERSHIP OF THE RENTED PROPERTY. The Total of Payments does not inckde any other charges CONSUMER may incur such aa latoprpaert fon. ip chien Ot NSF foes. CONSUMER should read this rental purchase agreement for an explanation of any applicable edditional YOU ARE RENTING THIS PROPERTY. YOU WILL NOT OWN IT UNTIL YOU MAKE ALL OF THE REGULARLY SCHEDULED PAYMENTS OR YOU USE THE EARLY PURCHASE OPTION. YOU DO NOT HAVE THE RIGHT TO KEEP THE PROPERTY IF YOU DO NOT MAKE REQUIRED PAYMENTS OR DO NOT USE THE EARLY PURCHASE OPTION. IF YOU IMSS A PAYMENT, THE LESSOR CAN | ‘THE PROPERTY, BUT, YOU MAY HAVE THE RIGHT TO THE RETURN OF THE SAME OR SIMILAR PROPERTY. ‘SEE THE CONTRACT FOR-AN EXPLANATION OF YOUR RIGHTS, i: CONSUMER shall pay a security deposit equal to 1 month's rent for the purpose of satisfying eniy lawful claim by — necessary to pay for the loss of the property or the repair of demage, exclusive ‘COST OF RENTAL: CASH PRICE: fou must pay this amount to own the Ifyou make ali the reguiar ‘Over caah price you will pay If ‘evallable af this price for cash You can buy the property for make oll regular paymerts. the LESSOR. See about your earty Under the eerty purchase option. JAMOUNT OF EACH PAYMENT |UMBER OF month The term of thie PAYMENTS RENTAL PERIOD te for 1 month, Consumer the Agreement each month by wv CONSUMER: Page tof 4 ‘Order 68039 V1806:85, ROCKY TOP RENTALB, LLC Foe: $5.00, plus sales tax. CONS : moth Yin with the tacms (5 th mount in ereers ot tnt Bae greem oo eaters, tthe ‘is leas, £05 In the event on ln addition to payment arrears and any ally incurred by 1. CONSUMER hee the.'ght to cancel ihia rerttal purchase agreement without pansity or obtgation if the consumer has “pot tan Possession of the rented Property. 12. Y. At ony lime WITHIN 3 MONTHS from the date of execution of this Rentel Purchase CONSUMER mary scquire ‘umorship of the leased propertyby tendering to LESSOR an amount equal io the cash price and any past due foes leas all periodic payments that the CONSUMER haspaid. At any tine AFTER 3 MONTHS from the data of execution of this Renta! ‘may purchase the rentadby making the payment of sil pest due payments ‘amount equal to thé cash price of $8,08 plus sales 5.00,tax, mutipled by @ fraction that has as its numerator (number onsndtop)feedtheandnumber ant payments remaining under the agreement and that has as ite denominator (number on bottom) the total number of periodic aon 13, RIGK OF Loss: is responsibletfproperty is lost, stolen, damaged, or destroyed and th los is coused by CONSUMER'S negligent, reckless, or intentional {8 responsible F property is stolen uniess there is evidence of » burglary of the Premises in which the property Is located, such as Physical | evidence of an officiel report fled by the CONSUMER with the police or other law enforcement agency or the CONSUMER esttablishes by the preponderance of the evidence that the CONSUMER has not committed OF akied of abetted in the commission of the theft of the property. However, ability shall not exceed the lesser of the then ‘assessed fair market Value of the rented property on the date of loss or the smount Purchase Option, CONSUMER Is encouraged to insure the rented property but it nat requiredfor CONSUMER to exercise the Early to purchase insurance from LESSOR or ‘any Ingurer ownedicontrolied by LESSOR. 14. : LESSOR shall maintain the rented property in working order while this agreement is {n offoct unless damage lo the rented property le due to CONSUMER'S Intentional, wilful, wanton, reckless or negligent conduct. I fepair is related to manufacturer, CONSUMER must contact LESSOR and request such rep, W CONBLMER chiara conectip ofothe Seed proper. [ESO oil ate any eesti weighed 16, ‘& CONSUMER may terminate this without panaity, at sory time, by surrendering the rented property to in good repair, CONSUMER terminates, will Ow any past due rental b. NCONSUMER fails to. make a timely rental renewal payment, this Agreement ¢. CONSUMER agrees to remove any personal Property from the rented property is caileedby dt lb‘ todared also choose be me snare0 remove es ny ‘personal property and slore K at CONSUMER's re vA ty risk and, remove COZOf tot m LESS! OR may d, if this Agreement terminates, for any reason, Feinstate it without ‘any rights or options previously by making Bil rental and otver payments due by the end of the 100i dey after the duo dete of the paymont f CONSUMER retains. possession of the rented property. ®, IT CONSUMER voluntarily returns the rented property within 10 days of the payment due date, the reinstatement poriod will ba ‘extended for an additional 1 yoar afer the dus date of the payment in defeul. f. HCONBUMER hae stolen of uniawiuity dkaposed of the ranted property; damaged the rentad property as a reaul of the CONSUMER'S intentional, willful, wanton, or reckless conduct; or defaulted in making payments on three (3) seperate occasions, then CONSUMER forfeits the statutory reinstatement g. LESSOR may retteve the rented property during any reinstatement period without affecting CONSUMER'S right to relnetaty a8 ‘sal forth above. f CONSUMER reinetates after retuming the Property, CONSUMER must pay a redelivery fee. 16. TY: CONSUMER shall not permk the rentad property to be altered in any way ‘and shal not permit the rented property to be tied to or otherwise aifixed to sy res! estaie such that the same cannot be removed without damage to the rented property. Rented property is not intended for human or animal occupancy and CONSUMER wik be deemed in defautt on Agreement ithe rented property is used 8s such. 7. {; LESSOR shall have the right 10 examine and inspect the ranted property at olf is nacossary, LESSOR shal obtain CONSUMER'S consont at the time of entry. ‘times; if entry upon CONSUMER'S. By signing CONSUMER Is representing to LESSOR that CONSUMER has suthority to place the rented property uponvat the delivery addroes provided to LESSOR by CONSUMER and further authorizes any penton having an interest in the real property to which the rented property hereunder is sat upon, owners, the \to, Landlords andor property right fo err sald property for the purpote of sssisting o Tetdeving and removing the: CONSUMER: Page 204 ‘Order 68039 V1606.85 ——- — SS, ROCKY TOP RENTALS, LLC ., must nol place eny obstructions that would keap LESSOR or LESSOR’S agents trom remieving the reried propery if CONSUMER does nat renew this : 19, [: CONSUMER may NOT sssign any rights under this Agreement to ony third party without LESSOR's written consant ‘which shall not be unreasonably withheld. lf CONSUMER does so, CONSUMER wil have breached thie Agreement and LESSOR will have the inmediete right to take possossion of the rented property. LESSOR may sell, transfer or assign lite Agreement without notice to ‘sale oF transport of rented property mary Constitute thefl and resui in etiminal 20, i; The rented property shall be kept at the delivery address. Further, , CONSUMER Rey hom ‘sol, ‘encumber, or otherwise dispose of the rented property. lf CONSUMER does 90, and LESSOR will have the immediete right to poxseesion of the ranted property, Unauthorized sale or transport Of rented property mey constitute theft: and result in criminal prosecution. The RENTED property may only be moved by carriers ‘uthortzed In writing by LESSOR. There i a charge to move the rented property. 21, . CONSUMER is responsible for any ond all real extats and personal taxes. LESSOR retaing ownership to:the rented property at all imos end wil collect from CONSUMER and wil pay any sales tax which mightbe levied upon the property. CONSUMER does not own the property unless CONSUMER exercises the early purchase option or acquires ownership as provided by the terms of thie Agreement. CONSUMER must maintain the rented property in good repair and working order ‘as long as CONSUMER rents it. 2, anything contained in this Agreement to the contrary, LESSOR shall not be llable to ” CONSUMER or o any othor porton, fem ‘oF corporation by reason of the foss of, damage to or destruction of any contents contained from {ime to time In the rented property, unless such loss, damage or destruction is due to LESSOR's negligence or the LESSOR's ageni(s) or employee(s) ‘caused by the retrieval and transport of rented property does not constitute negligence, In ‘any avant, and whether or not such loss, damage, or destruction of the personal property kapt in the rented property is due to LESSOR's . LESSOR's liability shall not exceed the fair market value of the rented property described herein. In this regard, CONSUMER Werrents end guarantees to LESSOR that no property in excess of said limit of Kaiblity shall be placed in or stored in the rented property other then et CONSUMER'S sole port, a i; i CONSUMER doss not renew this Agreement, LESSOR has the right to take possession of the rented proparty. W CONSUMER does not allow LESSOR to do 80, CONSUMER sgrees to pay LESSOR'S costs Incurred in taking possession of the rented property Feasonable attomey's fees end court costs, By signing this Agreement, CONSUMER authorizes any person having an interest In the real property upon which the rented property is placed including but not limited to, landlords and/or owners, the right to enter said property for the purpose of assisting LESSOR in relrieval of the rented property. 24.Gt i In the event LESSOR Inours costs or expenses In retrieving the rented | or otherwise enforcing the terms of this Agreement because of CONSUMER's breech thereof, LESSOR shell recover from CONSUMER ail the costs and expenses by reason thereof, including, but not limited to driver tip fees, atiomay/s fees, and court costs ‘specifically, under the torms of this Agreement and LESSOR proceeds to retrieve the rented property, end CONSUMER then pays the amount in arrears after LESSOR has made the trip to retrieve the rented property, then CONSUMER shall pay LESSOR, In addition to the payments in arrears, the sum of $300.00 or 10% of cash Price, whichever is more, as reimbursement of said experaga. CONSUMER file banioupicy, ‘sttomey must be advieed thai this rental Qgreemont mosts the requirements of the Kametie Rental Purchase CONSUMER wal be required to either essume oF reject this Agreément. The tue and proper placement of CONSUMER'S debl to LESSOR is es an “unaxpirad contract." The RENTED property is not considered to be a personal excel, property, pecured property, orvecured aasal of CONSUMER. Any isting of auch could compel LESSOR to fe for reef of automatic stay in order to recover the rented property. 2. : LESSOR agree CONSUMER hes examined the rented property, knows lis condition and has agreed to rent the property in an ‘as In” condition and thet LESSOR has made no representations, OF promiese of any kind or nature, either expressed or Implied, a6 to the condition, quality, sulebilty, or fitness of purpose of the rented property. LESSOR agrees to transfer any manulecture's warranty m7. + This Agreement sots forth the parties eniire agreement and may not be changed except by a writing ‘ignad by both parties; however, Glerical or other errors made by lot personnel are subject to correction by LESSOR. CONSUMER will be notified i payment amount or related eesential lems ra doomed by LESSOR to be in error, 26, , Each provision of this Agreement is intended to be severable. If any term or provision Is egal or invalid for ‘any reason whatsoever, tha ihogelity or invalidity shall not affect the validity of the remainder of the 2. Alt claims by any party arialng out otfretating to this Agreement must be brought In an individizad capacity and not ae a plaintiff or clese member in any purported clase or represented 30, i; Wa dispute arises under this Agreement, the perties will inkially atiornpt to resolve the dispute. ‘consultation. ifthe dispute bs not resolved within # reasonable period, etihier perty may bring sult against the other in a cil court ‘itt the limitation thet matter(s} with claimed derages in excess of $25,000.00 must be submitted to exbitration povemed by the Federal Arbitration Act and in ‘secordance with the rules ‘before an arbirator located in Glenn County, Caitfornie and ‘cost of arbitration wil be shared between the parties. (CONSUMER: Page 3 of 4 ‘Order 88030 v1608.85 inl [. contact CONSUMER regarding this of employment, ROCKY TOP RENTALS, LLC PERMITTED COMMUNICATION WATH CONSUMER: CONSUMER agress thet LESSOR or fis agents, including debt collactors, may to LESSOR, including CONSUMER'S place CONSUMER notifies LESSOR in veriting to not communiceta with LESSOR st CONSUMER'S. CONSUMER LESSOR with a coll phone number, CONSUMER agrees that LESSOR may contact CONSUMER sing that number and may also contact CONSUMER vie text messaging or email, regardiess of whether CONSUMER is charged by his oF her service provider for the text or call. CONSUMER also agress to be contacted vie automatic dialing end prerecorded message system. IN WITNESS WHEREOF, the parties have herounto affiied thelr signatures this the 12 day of January , 2018 LESSOR: ROCKY TOP RENTALS RENTALS, LLC By. NOTICE TO CONSUMER - READ BEFORE SIGNING * DO NOT SIGN THIS BEFORE YOU READ THE ENTIRE AGREEMENT, EVEN IF OTHERWISE ADVISED, © GO NOT SIGN THIS IF IT CONTAINS ANY BLANK SPACES, » YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN, CONSUMER: REQUIRED REFERENCES Name: Mekcas Rashote Soott Neme: Molesa McFust SSN. Phone.:. (630) 440-1815 Driver's License No.: Date of Birth: ‘Address: Name: Gina Mitchell City/State/Zip: ‘Phone No.: (530) 566-4027; Ema Addresa: — Home Phone No.. Coll Phone. No.: Employer Name: mplayer Phone No.: Logel owneritandlord of the res! property where the Leased Property Is to be located: Name(s) Owner Home Phone No.: (630) 588-8104 ‘Business Phone No.: Email Address; (favaitbto) hereby sffine that ol statements made herein are trus, factual and complete to the best of my knowledge and are made for the pusynee ot els Aqrenmaat, By euscuten of my Cunsieny to be bound by the terms and conditions of this Agreement. | ACKNOWLEDGE | HAVE RECEIVED A (FOR INTERNAL OFFICE USE ONLY) Coeur tan end aooire te successo rs all rights, tiie and interes? in thie Lease Purchase and sesigne, Agreament and Disclosure Statement. Lessor ‘Gives assignee full power, elther in its own name or in the Laesor’s name, to take all legal end ‘other action which the Lessor could have talcen under this Agreement. Date: (Order 68030 v1606.85 Page 40of4 EXHIBIT 2 ee : bo « (AL PURG! jE AGRE! ROCKY TOP RENTALS, LLC P.O. BOX 331584 MURFREESBORO, TENNESSEE 37133 PH: o16-209-5165 LOSUI ‘AGATE EXECUTED: 09/20/2017 Se LESSOR: ROCKY TOP RENTALS, LLC P.0, Box 331584 Murfreesboro, Tennessee 37133 Phono: 618-203-3165 i CONSUMER: ADDRESS: Melissa Rashalie Scott 6080 Oro Bangor Hwy Oroville PHONE: (530) 588-6104 COUNTY: Butio STATE: CA ZIP: 960668 i For and in considyration of the mutual covenants and contained herein, the sdequacy of which is hereby acknowledged by each party, Lessor hereby leases to CONSUMER and CONSUMER hereby leases from Lessor that Rarited Property herein. The fokowing ae CONSUMER pursuant fo the Kamotie Rental-Purchase Act, Cal. Civ. Code § 1812.620, ot seq., and Is a material i 8 part of the parties’ 1 ‘ _—PORTABLE STORAGE BUILDING: _ ‘S99 Work Order tor further description, 2. CONDITIONOF RENTED PROPERTY: New [—X] or [—JUsed « Model v1 3. CASH PRICE OF RENTED PROPERTY: $5,782.25 , phus ceies tml. 4 TREE. The ta of thie Agreement efor one (1) Moni ‘The minimum period the CONSUMER is obligated under this rental purchase agreement is one (1) month, 5 Tha craton of the ral purchase 38_ months if all reguiaity scheduled petiodic payments are made. CONBURIER moy renew araccutvs tame oh ono Tt rtnts by mating» reewenl real peyert advance foreach additional month CX' ORSUMEN eben toro reper 6. (pre-tax + $10.41 (Seles Tax) = _§287,11_ (TOTAL). Sales tax and total payrment may change due to corrections to tax figured at ie pays more than onp payment: advance, ‘tale. if CONSUMER sore tonal payterds or cverpeyments wil apply towerda Rture eral payments unl te Eary Puchese Option ls exersod. 7. DUE DATE: Rent is dus on the 18th day af each succeeding month, ar IF CONSUMER MAKES COMPLIES thc WITH THI AGREEMENT, CONSUMER (28) monthly pmente FOR A TOTAL COST OF -$8,837,20_{Pius WILL ACQUIRE OWNERSHIP: $4 vale tax) ANO NEE ee ae eee Cee DAMN tay eee bch seme pare ten re ti: oF NSF foes. NGUMER should read tls renal purchase agraement for an explanation of ery epg adored tent YOU ARE THIS PROPERTY. YOU WIL NOT OWMIT UNTIL YOU MAKE ALL OF THE REOULARLY SCHEDULED PAYMENTS ‘YOU USE THE EARLY PURCHASE OPTION. YOU DO NOT HAVE THE RIGHT TO KEEP THE PROPERTY IF YOU DO-NOT MAKE REQUIRED PAYMENTS OR DO NOT USE THE, EARLY PURCHASE OPTION. IF YOU MISS A PAYMENT, THE LEBSOR. REPOSSESS THE PROPERTY, BUT, YOU MAY HAVE ‘TRE RIGHT TO THE RETURN OF THE SAME OR SMMLAR PROPERTY, ‘SEE THe CONTRACT FOR AN EXPLANATION OF YOUR RIGHTS. ISUMER shall pay @ security deposit equal to 1 rman sent for the purpone of ety sry ini ii by "fhe LESSOR fo ernounis reasonably neceseary to pay forte ls ofthe proparty or the rpek of damage, excl of If. TOTAL OF PAYMENTS: COST OF RENTAL: ‘CABH PRICE: fou must pay ityou amount to own the ail the regular Sie arath prc you wi py Presrssr ‘vallablg at this price for cash the LEBBOR, See about your onrly Sights. You oan lees under the (OF EACH PAYMENT NUMBER OF RENTAL PERIOD ‘month The term of thie PAYMENTS | fs for 1 month. Consumer a CONSUMER: Page 10f4 ‘Ordier 53500 1606.82. i LOCKY TOP RENTALS, LLC 10.9 ct Lae Fee:$6.00, 5.00, phis sales: ne amOuNY bee mn sacar roy check oF logalo mani, whichis oes, reo my eve ESSOR CO SU in adiion Toe pure 11. CANCELLATION: CONSUMER has the right fo cancel this rental pucchese egreement without penalty or obligation K the consumer has ot taken posgossion of the rented property. 12, I: At ony time WITHIN 3 MONTHS from the date of exacution of this Rental Purchase price and any past due ‘scquire ownership of the leased property by tendering to LESSOR an amount equal to the ‘execution feos leas af ppciodic payments that the‘CONSUMER has paid. At any me AFTER 3 MONTHS from the dato of this Rental CONSUMER may, ‘the rented property by making the payment of all past due payments and fees and sn ‘amount ‘cash price of $5,782.28, plus sales tax, muttped by a fraction that has as its numersior {number on top) the number of periodic | under the egréement end thet has 86 its denominator (number on bottom) the total number of pertodic 13, RIBK is responsible ‘property is lost, stolen, dsmaged, or destroyed end the loss is caused by CONSUMER'S OF LOSS: CONSUMER : reoies, or acs. of the 1s responsible I property ls stolen unless there is evidence of « burgary in which the property Is located, such 23 physical evidence of an official report fled by the CONSUMER with the police or other Jaw enforoament agency or the CONSUMER establishes by the proponderance of the evidence that the CONSUMER has nol committed ‘or eldad or abetted In the commission of the thet of the property. However, CONSUMER'S Boblty shell not exbeedexercise the lesser of the then CONSUMER to sesuaed fair inarket valve of the rented property on the date of loes or the amount necessary forpurchase the Early Purchase Option. CONSUMER is encouraged to Insure the rented property but is not required to insurance from LESSOR or any Insurer ownad/controted by LESSOR. shall maintain the rented property in working order while this agreement is i repairareas pops mustdsbcontactLESSOR and request such repairs. if CONSUMER obtains ownership of tha ange hedCONSUMER ie related to manufacturer, CONSUMER'S ‘wilttul, wanton, reckless or negligent conduct. Ia tented property, LESSOR wil transter any avaliable unexpired ‘warrenty. 1. surrendering the rented property to ney terminate thie Agreement, without penal, et eny time, by