Preview
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
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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