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Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 1 of 14

















UNITED STATES DISTRICT COURT



DISTRICT OF NEVADA



* * *



STEVEN MICHAEL DE LONG,


Case No. 3:12-cv-00490-MMD-VPC


Plaintiff,

ORDER

v.




BRIAN CRAIG PHELPS, et al.,


Defendants.


Plaintiff sent a copy of the attached letter to the Court. The Court has redacted

Plaintiff's social security from page 12 of the attached. Plaintiff is admonished that ex

parte communications with a judge are inappropriate in most circumstances. See Local

Rules, Part II, LR 7-6. Moreover, a document requesting a Court order must be styled

as a motion, not a letter (see F.R.C.P. 7). Letters to a judge will be disregarded. While

the Court directed for the attached letter to be filed, the Court will not take any action in

response to the letter.

DATED THIS 10th day of July 2013.







































MIRANDA M. DU
UNITED STATES DISTRICT JUDGE











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Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 2 of 14

STEPHEN M. DELONG

720 WEST FOURTH STREET
APARTMENT NUMBER 21
RENO, NEVADA 89503
(775) • 323 ·1851 ex. 221

JUNE 27, 2013

WASHOE COUNTY DISTRICT ATTORNEY
CIVIL DIVISION OFFICE
1 SOUTH SIERRA STREET
RENO, NEVADA 89501
(775) 337· 5723

FINAL NOTICE

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO.3 :12 CV· 00490 - MMD· VPC

TO DEPUTY DISTRICT ATTORNEY MARY KANDARAS:

ON SEPTEMBER 12, 2012, the above named Plaintiff had timely filed a civil rights action in the
United States District Court for the Northern District of the State of Nevada, under the provisions of
Title 42 U.S.C. Section 1983. This Federal Court action is brought against [state actor] Defendant's
Brian Craig Phelps, Patrick N. Flanagan, Thomas P. Beko, and Municipal Defendant Washoe County.

THIS CIVIL ACTION stems from events that occurred on September 13, 2010. Upon which time,
said [state actor] Defendant's Brian Craig Phelps, Patrick N. Flanagan, and Thomas P. Beko, were
acting under the color of state law to enforce ' a 'civil judgment that was improperly entered by the
Second Judicial District Court in violation of the Plaintiff's federal rights to a jury trial; [and] acting
in concert with said MuniCipal Defendant Washoe County, had unlawfully seized all of the Plaintiff's
personal property secured at' Public Storage witholit a Writ of EXecution to Enforce a Civil, Judgment.
The foregoing state court action was instigated without probable cause,' and recklessly undertaken
in direct viol,ation with the Plaintiff's federally protected rights to be free from unwarranted searches
into his privacy and security, and : rights to' be free from illegal seizures of his personal property,
as guaranteed under the 4th and 14th Amendment,s of the United StatEls Constitution.~,
..
THIS CIVIL ACTION is brought pursuant to Title 42 U.S.C. Section 1983, to recover damages for
all personal injuries caused by the Defendant's, deprivations of the Plaintiff's federally protected rights
under the color of state law, and for violation of the Plaintiff's federally protected rights to be free
from unwarranted searches into his privacy and security, and illegal seizures of his personal property,
as guaranteed under the 4th and '14th Amendments of the United States ,Constitution.

.

.

'

.
is invoked with the Federal Court upon all federal law claims
SUPPLEMENTAL JURISDICTION
for Declaratory, Equitable,and Injunctive relief,in accordance with theprovisjons 'of Title 28 U.S.C.
Section 1291, Section 1331, Section 1332, ,Section 1343, [and] Section 1361.

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,

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"

is invoked ~iththe, Federal Co~rt upon all state iawclaims
SUPPLEMENTAL JURISDICTION
for, the return of aU the Plaintiff's personal property that was previously secured at Public Storage;
and for, compensatory and treble, damages of all said personal property that was unlawfully seized,
stolen, and taken away,
from the Plaintiff's pre paid storage facility by' act~ that constituted, fraud,
burglary, and grand larceny,in accordance with the provisions of N.R.S; Section 41.580.

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 3 of 14

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO.3 :12 CV - 00490 - MMD - VPC

STATEMENT OF RELEVANT FACTS:

PAGE 2

ON APRI.L 04, 2003, said Plaintiff STEPHEN M. DE LONG, and his elderly mother, namely
[now deceased], had entered into a rental agreement with the Manager
MARGARET M. DE LONG,
of Public Storage, and by virtue of the foregoing contractual agreement, were the sole occupants of
Public Storage Unit 1089, and were the sole vested owners of all personal property secured therein.
See.J Oria;nal Public Storage Rental Agreement. which is attached and marked as Exhibit 1.

AT FEBRUARY 09, 2006, said Defendant BRIAN CRAIG PHELPS, was acting under the color
of state law as a private lawyer, not authorized to practice law, and upon information and belief,
had filed a frivolous pro person Debt Collections Action in the Second Judicial District Court, solely
with the malicious intent to collect attorney fees for the unauthorized practice of law, and to illegally
obtain cash money and personal property from the Plaintiff's estate by acts that constituted fraud,
all in direct violation with the Plaintiff's federally protected rights to equal protection of the laws.

AT ALL TIMES HEREIN ALLEGED, said Defendant PATRICK FLANAGAN, was acting under
the color of state law as a private lawyer licensed to practice law, and upon information and belief,
had unlawfully assisted a non lawyer in the prosecution of a frivolous Debt Collections Action, solely
with the malicious intent to collect attorney fees for the unauthorized practice of law, and to illegally
obtain cash money and personal property from the Plaintiff's estate by acts that constituted fraud,
all in direct violation with the Plaintiff's federally protected rights to equal protection of the laws.

AT ALL TIMES HEREIN ALLEGED, said Defendant THOMAS BEKO ESQ., was acting under
the color of state law as a private lawyer licensed to practice law, and upon information and belief,
had unlawfully assisted a non lawyer in the prosecution of a frivolous Debt Collections Action, solely
with the malicious intent to collect attorney fees for the unauthorized practice of law, and to illegally
obtain cash money and personal property from the Plaintiff's estate by acts that constituted fraud,
all in direct violation with the Plaintiff's federally protected rights to equal protection of the laws.

AT ALL TIMES .. H!EREU!LAl.L.EGED,· Defendant WASH05 COUNTY,
is a municipal corporation
authorized to delegate powers to other agencies, and upon information and belief, District Attorney
RICHARD A. GAMMICK has created an official policy, authorizing the Second Judicial District Court
to illegally deprive indigent defendants of the right to a jury trial,
in civil actions brought by parties
who have family members and lawyers employed within the same court that civil action is pending,
all in direct violation with the Plaintiff's federally protected rights to equal protection of the laws.

AT ALL TIMES HEREIN ALLEGED, Defendant WASHOE COUNTY,
is a municipal corporation
authorized to delegate powers to other agencies, and upon information and belief, District Attorney
RICHARD A. GAMMICK has created an official policy, authorizing the Sheriff of Washoe County to
illegally seize personal property from another to enforce a civil judgment without notice, and without
a valid Writ of Execution to Enforce a Civil Judgment,
issued in the name of the State of Nevada.
all in direct violation with the Plaintiff's federally protected rights to equal protection of the laws.

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 4 of 14

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO.3 :12 CV" 00490 - MMD" VPC

PAGE 3

ON SEPTEMBER 13, 2010, all said Defendant's were acting under the color of the state law
to enforce a disputed civil judgment that was improperly entered by the Second Judicial District Court
in direct violation with the Plaintiff's federally protected constitutional rights to a trial by jury, and
in violation of the Plaintiff's federally protected rights to be heard before a fair and impartial tribunal,
as guaranteed under the 7th and 14th Amendment's of the United States Constitution.

ON SEPTEMBER 13,·2010; the above named Defendant's had illegally gained access into the
Plaintiff's pre paid storage facility without a valid Search Warrant signed by a neutral magistrate, and
otherwise, had unlawfully subjected the Plaintiff to an arbitrary intrusion into his privacy and security,
without any probable cause, all in direct violation with the Plaintiff's federally protected rights to be
free from unwarranted searches, and in violation of his federal rights to equal protection of the laws,
as guaranteed under the 4th and 14th Amendment's of the United States Constitution.

ON SEPTEMBER 13, 2010, the above named Defendant's had illegally seized personal property
from the Plaintiff's pre paid storage facility without a Writ of Execution to Enforce a Civil Judgment,
and otherwise, had unlawfully subjected the Plaintiff to an arbitrary seizure of his personal property,
without any probable cause, all in direct violation with the Plaintiff's federally protected rights to be
free from unwarranted seizures, and in violation of his federal rights to equal protection of the laws,
as guaranteed under the 4th and 14th Amendment's of the United States Constitution.

STATEMENT OF DAMAGES:

the above named Defendant's had illegally seized, and taken away,
IN ACTING AS ALLEGED,
50 large boxes of EXEMPT PROFESSIONAL LIBRARIES, purchased by both the Plaintiff and his
mother, which contained a huge inventory of Non Sports cards sets; Topps MLB Baseball card sets;
MLB Baseball coin sets; NBA Basketball card sets; NFL Football card sets; NHL Hockey card sets;
Kellogg's 3D Baseball card sets & Football card sets; McDonalds Football card & Hockey card sets;
7 • Eleven 3D Baseball coin sets; 7· Eleven 3D Football coin sets; Sportsflics 3D Baseball card sets;
Denny's Hologram Baseball card sets; Pro Set NFL Football card sets; Upperdeck Baseball card sets;
Hockey card sets; Basketball card sets; Topps Olympic card sets; Topps U.S.F.L. Football card sets;
Topps Mickey Mantle Foil card sets; Skybox N.B.A. Basketball card sets; Pinnacle Football card sets;
Stop & Go 3D Football card sets; Fleer Baseball card sets; Basketball card sets; Football card sets;
Donruss P.G.A. Golf card sets; D.C. Universe Action Figures; Toy Biz Marvel Cover Action Figures;
Mego Star Trek Figures; Mego Chips Figures; Mego Happy Days Figures; Mego Super Heroes Figures;
Mego Dukes of Hazard Figures; Galoob W.W.F. Wrestling Figures; Kenner D.C. Superpowers Figures;
Kenner Star Wars Figures; Todd McFarland Movie Maniac Figures; Todd McFarland Spawn Figures;
Todd McFarland Kiss Figures; Full Moon Puppet Master Figures; Mattei Marvel Secret Wars Figures;
Mattei Elvis Presley Figures; Sports Illustrated Magazines No.'s 1· 50; Top Comics; Charlton Comics;
D.C. Comics; Marvel Comics; Dell Comics; Gold Key Comics; Zee Toys· Die Cast Military Vehicles;
Corgi Die Cast Vehicles; Matchbox Die Cast Vehicles; Action Nascars; Racing Champions Nascars;
Winners Circle Nascars; Mattei Hot Wheels; Tomy Pocket Cars; Johnny Lightning Die Cast Cars;
and many more collectibles, all with an ebay market value [over] $75,000.00.

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 5 of 14

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO.3 :12 CV· 00490· MMD • VPC

PAGE 4

the above named Defendant's had illegally seized, and taken away,
IN ACTING AS ALLEGED,
18 large boxes of EXEMPT HOUSEHOLD GOODS, purchased by both the Plaintiff and his mother,
which contained an inventory of Sterling Silverware; Churchill of London Blue Willow Fine China;
two Tiffany Lamps; one Philips color television in the box; one Philips VHS· DVD player in the box;
one Philips stereo in the box; one Sony color television in the box; one Sony DVD player in box;
one Sony stereo in the box; 820 brand new videos; one Sony Vaio laptop computer in the box; one
Dell Latitude laptop computer in the box;
two Antique Rocking Chairs;
two Antique Mirrors; Sears Craftsman Hand Tools; Sears Power Tools; Sears Craftsman Tool chest;
Sports Equipment; and Clothing Apparel; all with a estimated market value [over] $15,000.00.

two Entertainment Centers;

the above named Defendant's had illegally seized, and taken away,
IN ACTING AS ALLEGED,
12 large boxes of EXEMPT PRIVATE LIBRARIES, that inheritably belongs to the Plaintiff and his
sister, which contained an inventory of Family Picture Albums; Family Wedding Rings & Jewelry;
Vatican Coins and Stamps; 19th Century Silver Coins; 1970's Jr. High and High School Year Books;
Diplomas; 1970's P.A.L. Football Trophies; 1970 San Francisco Pop Warner Joe Lacey Bowl Trophy;
1971 Eureka Redwood Bowl Plaque; 1980's AS.A. Softball Trophies; 1980's AAU. Boxing Trophies;
1984 United States Railroad Olympics Bronze Medal; United States Railroad Annual Service Awards;
Lionel Southern Pacific and Union Pacific Train Sets; Rudolph's Misfit Toys; Christmas Ornaments;
one "Star Trek The TV Series Cast" autographed photo; one "Happy Days Cast" autographed photo;
one "All In The Family Cast" autographed photo; one "The Honeymooners Cast" autographed photo;
Walt Disney and Wizard of Oz Figurines; Children's Classical Story Books; Time Life Library Books;
True Crime Library Books; and much more; all with a estimated market value [over] $53,500.00.

the above named Defendant's had illegally seized, and taken away,
IN ACTING AS ALLEGED,
3 large boxes of EXEMPT ART WORK, that inheritably belongs to both the Plaintiff and his sister,
which contained one Original George Sumner Tropical Waterfall Painting, with an estimated market
value [over] $25,000.00; one Margaret Keane San Francisco China Town Girl lithograph, signed by
Walter Keane, with an estimated market [over] $1,500.00; [and] one Original Oscar Claude Monet
Landscape Painting, with an estimated market value [over] $20,000,000.00.

the above named Defendant's had illegally seized, and taken away,
IN ACTING AS ALLEGED,
that belongs to the Plaintiff
EXEMPT MEDICAL EQUIPMENT, and 5 boxes of confidential records,
and to the immediate members of his family; which contained a large inventory of Medical Records;
Social Security Records; Worker's Compensation Files; Birth Certificates; Certified Citizenship Papers;
Bank Records; ebay Purchase Records; Receipts for Retail Merchandise; Wills;
Insurance Policies;
Confidential Legal Files; and much more, all with an undetermined market value.

the above named Defendant's had illegally seized personal property
IN ACTING AS ALLEGED,
from the ESTATE OF MARGARET DELONG, who Is not a party to the foregoing state court action,
and otherwise,
the seizure of the above described personal property was excessive and oppressive,
and was recklessly undertaken in direct conflict with both state probate and state exemption laws.

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 6 of 14

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO. 3 :12 CV - 00490 - MMD • VPC

PAGE 5

IN ACTING AS ALLEGED, and with complete indifference of the Plaintiff's constitutional rights,
the above named Defendant's had knowingly, willfully, and illegally, gained access into the Plaintiff's
pre paid storage facility under false pretenses, solely with the malicious intent to take possession
of all the above described personal property secured therein by acts that constituted fraud, burglary,
and grand larceny; and as a direct and proximate result of the tortious conduct of said Defendant's,
the above named Plaintiff has sustained actual damages in the sum of $20,169,500.00.

IN ACTING AS ALLEGED, and with complete indifference of the Plaintiff's constitutional rights,
the above named Defendant's had knowingly, willfully, and maliciously, caused the Plaintiff to suffer
public humiliation, nightmares, sleep deprivation, anxiety, chronic migraine headaches, and fatigue,
and otherwise, the Plaintiff has suffered substantial emotional distress, and great physical pain; and
as a direct and proximate result of all said personal injuries inflicted upon his person,
the Plaintiff
has incurred medical and incidental expenses, all to general and punitive damages.

SUMMARIL V, based on the fact that said Municipal Defendant Washoe County Sheriff's Department
had knowingly and illegally seized all of the Plaintiff's personal property contained at Public Storage
without a valid Search Warrant, and without a valid Writ of Execution to Enforce a Civil Judgment;
then said Municipality Defendant Washoe County can be held liable for all said damages under the
Doctrine of Respondeat Superior for the tortious conduct of all said [state actor] Defendant's.

DEMAND FOR CORRECTIVE ACTION:

WHEREFORE, based on the foregoing reasons, demand is now heretofore duly made upon said
Municipal Defendant Washoe County, for the immediate return of all said personal property which the
Sheriff's Department had illegally seized from the Plaintiff's storage facility on September 13, 2010;
and that all said personal property shall be properly returned to the Plaintiff in it's original condition,
within 20 business days from the date of this notice.

ALTERNATIVELY, the Plaintiff will seek a judgment award for compensatory damages in the sum
of $20,169,500.00, for the actual retail market value of all said personal property that was illegally
seized, stolen, ··and. takei'iaway,
from his storage facilitj;and from his deceased mothers estate,
as a direct and proximate result of the tortious conduct of all said [state actor] Defendant's.
RESUBMITTED on this jZfh day of June 2013,
in for the state of Nevada.

CC: THE HONORABLE MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF NEVADA

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 7 of 14

DEMAND FOR THE RETURN OF PERSONAL PROPERTY SEIZED FROM PUBLIC STORAGE
RE: PLAINTIFF STEPHEN M. DE LONG vs. DEFENDANT BRIAN CRAIG PHELPS ET. AL.

UNITED STATES DISTRICT COURT DOCKET NO.3 :12 CV· 00490 - MMD· VPC

PAGE 6

AFFIDAVIT OF PERSONAL MAILING SERVICE

UNITED STATES DISTRICT COURT NO.3: 12·00490

I, STEPHEN MICHAEL DE LONG, state:

I AM A LEGAL .CITIZEN of the United states, and. a lawful resident in the City of Reno,
I am over eighteen years old, and my current

County of Washoe,
mailing address is 720 West Fourth street, Apt. #21, Reno, Nevada 89503.

in and for the state of Nevada.

That on this 27TH day of JUNE 2013, I personally served a true copy of:

DEMAND FOR THE RETURN OF PERSONAL PROPERTY

(ILLEGALLY SEIZED FROM PUBLIC STORAGE UNIT #1089)

TO BE SERVED BY HAND, and by First Class Mail United States Postage Prepaid upon

the following listed address:

THE HONORABLE MIRANDA M. DU
UNITED STATES DISTRICT .JUDGE
NORTHERN DISTRICT OF NEVADA

400 SOUTH VIRGINIA STREET

RENO, NEVADA 89501

RICHARD A. GAMMICK I MARY KANDARAS
WASHOE COUNTY DISTRICT ATTORNEY

CIVIL DIVISION OFFICE

1 SOUTH SIERRA STREET

RENO, NEVADA 89501

AFFIRMATION N. R. S. 2398.030

THE UNDERSIGNED does hereby affirm under the penalty of perjury that the foregoing
statements are true and correct, and the preceding document entitled DEMAND FOR THE RETURN
OF PERSONAL PROPERTY, does not contain the Social Security Number of any known person.

(DATED)

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 8 of 14

EXHIBIT 1

EXHIBIT 1

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 9 of 14

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Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 10 of 14

--RENTAL-AGREEMENT--

..

..lms RENTAL AGREEMENT is executed in duplicate this 04/04/2003

(ARRAN BL .• RENO, NY 89502, ("Owner"), Tax ID# 95-3551121, and Stephen Delong

,by and between, ·Public Storage, I~c., as Owner or agent for Owner, 4875 S. MC

("Occupant") whose address and alternate contact address areas follow:

Occupant Address
6155 Plumas #182

Reno, NV 89509

(775) 825-3185

ID Number: 0800861971

Alternate Name and Address
Margaret Delong

6155 Plumas

Reno. NY 89509
Phone: (775) 825-3185

Enc1osediParkingSpaceNo. 1089
Occupant advises Owner that OccUpant intends to allow the following individuals to have access to the Premises:

(approximately

·12.0 x 12.0

) Account No. 5951512 No. 11741443 ~ 20282NV

Margaret Delong

FEES AND CHARGES:

S105.00 Monthly Rent (Due on or before 1st of Month)

$10.00 New Account Administration Fee (Non-Refundable)

$15.00 Late Charge after lOth of the 1
By placing his INITIALS HERE ~ i, Occupant acknowledges that the above information is correct, that all payments are due before the close of bus mess on the day
indicated to be applied to the Old~CY first, including fees which may have accrued since the last payment was received. that he understands and agrees to pay the
fees and rent as noted above and that Owner reserves the right to require that rent, fees and charges be paid in cash, certified check or money order.

$50.00 Lien Handling Charge after Thirty One (31) Days (Whether or not Sale Occurs)

$15.00 Late Charge after 20th of the Month

$0.00 Lien Sale Fee

.

It is agreed by and between Owner and Occupant.
1. PURPOSE AND DESCRIPTION OF PREMISES. The parties have entered into this Rental Agreement for the purpose of leasing or renting certain space as herein
described and with· the express understanding and agreement that no bailment or deposit of goods for safekeeping is intended or created hereund.er. Owner leases to
eSs of Owner"and included in a larger
Occupant and Occupant leases from Owner the above-noted space (hereinafter the "Premises") located at the above-referenced a.
ent:Jre facility is hereinafter referred to as
facility at such address containing similar leased real property and common areas for the use of Occupant and other occ
the "Property"). Occupant has examined the Premises and the Property and, by placing his INITIALS HERE
cknowledges and agrees that the Preniises
and the common areas ofthe Property are satisfactory for all purposes for which Occupant shldl use the Premlses or the common areas ofthe Property. Occupant
shan have aC9ess to the Premises and the common areas of the Property only during such hours an9- days as are regularly posted at the Property.

.

.

2. TERM AND RENT. The term of thiS Renta\ Agreement shall commence as of the date written above and shall~continue from the first day of the month immediately
following on a month-te-month occupancy until tenninated. Occupant shall pay Owner as a monthly rent, without deduction, prior notice, demand or billing statement, the
sum noted above (plus any applicable tax imposed by any taxing authority) in advance on the first day of each month. If the term ·ofthis Rental Agreement shall commence
other than on the first day of the month, Occupant shall pay a full month's rent for the first month and shall owe a pro rata portion of the second month's rent. Occupant
understands and agrees that under no circumstances WIll Occupant be .entitled to a refund of the first month's rent paid upon execution of the Rental Agreement, and,
if this Rental Agreement terminates other than on the last day of the month, Occupant shall not be entitled to a refund ofa pro rata portion of the rent for the month in which
the termination OCCUlTed, but, if termination occurs on or before the fifteenth (15th) day of the month, Occupant may pay only the rent (and any applicable tax) that accrues
from the first (1st) day of the month until the date of termination. The monthly rentandlor other fees as noted above may be adjusted by Owner effective the month following
written notice by Owner to Occupant specifying such adjustment, which such notice shall be given not less than thirty (30) days prior to the first day of the month for which
the adjustment shall be effective. Any such adjustment in the monthly rent shaH not otherwise affect the terms of this Rental Agreement and all other terms of this Rental
Agreement shall remain in full force and e~t.

3. USE OF PREMISES AND PROPERTY AND COMPLIANCE WrrH LAW. Occupant shall store only personal property that belongs to Oc~upant. Because the value of
the personal property may be difficult or impossible to ascertain, Occupant agrees that under no circu,mstances will the aggregate value of all personal property stored
in the PrerrJsesexceed, or be deemed to exceed, $5,000 and may be worth substantially less than $5,000. Occupant shall not permit any Hazardous Materials (as
defined below) to be stored in the Premises or the Property or store any improperly packaged food or perishable goods, flammable materials; explosives or other inherently
dangerous material, in the Premises or the. Property'. Occupant shall not store any personal property on the Premises which would result in the violation of any law or .
regulation of any governmental authority, including With limitation, all laws and regulations relating to Hazardous Materials, waSte disposal and other environmental matters,
and Occupant shall comply with all laws, rules; regulations and ordinances of any and all governmental authorities concerning the Premises and its use. For purposes of this
Rental Agreement, "Hazardous Materials" shall include but not be limited to any hazardous or toxic chemical, gas, liquid, substance. material or waste that is or becomes
regulated under any applicable local. state or federal law or regulation. Occ~pant shall not use the Premises in Bl).y manner that will. constitute waste; nuisance or unreasonable
annoyance to other occupants In the Property nor perfonn any welding in the Property. Occupant acknowledges and agrees that the Premises and the Property are not suitable
for the storage of heirlooms oqirecious, invaluable or irreplaceable property such as (but not limited to) books, records, writings, works of art, objects for which no immediate
resale market exists, objects which·are claimed to have special or emotional value to Occupant and records or receipts relating to the stored goods. Occupant agrees that the
value of any such items shall not exceed for any purpose the S!llvage value of the raw materials of which the item is constituted. Occupant acknowledges that the Premises .may
be used for storage only; IT IS UNL~ WFUL TO USE THIS STORA!6E FACILITY AS A RESIDENCE ·orfor animal habitation. Upon termination of this Rental Agreement,·
Occupant shall remove all Occupant's personal prope~m. unless such property is subject to Owner's lien rights as referenced in paragraph 6·and shall"
immediately deliver possession of the Premises to Owner in
wear and tear excepted. By placing his INITIALS HE

, ccupant acknowledges that hehas read and understands the provisions of this paragraph and agrees to

dition as delivered to Occupant on the commencement .date of this Rental Agreement, reasonable

::::~'"--"

... . .

'-A_tP~lm3 lliITIALSHEKE jzJ ~~d
Prop. Mgr. ~NT

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 11 of 14

'4. INSURANCE. ALL PERSONAL PROPERTY IS ~"----1ED BY OCCUPl~;':T o\.T C~CUPANT'S SOLE RlSY"
'SURANCE IS OCCUPANT'S SOLE
RESPONSIBILITY. OCCUPANT UNDERSTANDSi • .AT OWNER WILL NOT INSURE OCCUPANT'S PE.
.JNAL PROPERTY. OCCUPANT IS ADVISED
'fO PURCHASE INSURANCE FOR HIS PERSONAL PROPERTY. INSURANCE IS AVAILABLE AT THE fAcILITY AND THROUGH MOST INSURERS. TO
THE EXTENT OCCUPANT DOES NOT OBTAIN INSURANCE COVERAGE FOR THE FULL VALUE OF OCCUPANT'S PERSONAL PROPERTY STORED IN OR
. ON THE PREMISES, OCCUPANT AGREES OCCUPANT WILL PERSONALLY ASSUME ALL RISK OF LOSS, INCLUDING DAMAGE ORLOSS BY BURGLARY.
FIRE, VAl\!])ALISM OR VERMIN. OWNER AND OWNER'S AGENTS, AFFILIATES, AUTHORIZED REPRESENTATIVES AND EMPLOYEES ("OWNER'S
AGENTS ") WILL NOTBERESPONSlBLE FOR, AND OCCUPANT HEREBY RELEASES OWNER AND OWNER'S AGENTS FROM ANY
RESPONSIBILITY to:R,ANY LOSS; LIABILlTY,CLAIM,EXPENSE,DAMAGE TO-PROPERTY OR INJURY TO PERSONS ("LOSS"}THATCOULD .
HAVE BEEN INSURED (INCLUDING WITHOUT LIMITATION ANY LOSS ARISING FROM THE ACTIVE OR PASSIVE ACTS, OMISSION OR
NEGLIGENCE OF OWNER OR OWNER'S AGENTS) (THE "RELEASED CLAIMS"). OCCUPANT WAIVES ANY RIGHTS OF RECOVERY AGAINST OWNER
OR \)WNER'S AGENTS FOR THE RELEASED CLAIMS, AND OCCUP ANT EXPRESSLY AGREES THAT THE CARRIER OF ANY INSURANCE OBTAINED BY
OCCUPANT SHALL NOT BE SUBROGATED TO ANY CLAIM OF OCCUPANT AGAINST OWNER OR OWNER'S AGENTS. The provisions of this paragraph will not
limit the rights of ~~. wner's Agents under Paragraph 5. Occupant lll1derstands that if Occupant elects to obtain the insurance available at the Property, the additional
amOlll1t for such ins
INITIALS HER
sole responsibility.

I ge must be inoluded with the monthly payments as noted above. Further, aU payments received will be applied as noted above. By placing
, Occupant acknowledges that he understands the provisions of this paragraph and agrees to these provisions and that insurance is Occupant's

c

5. LIMITATION OF OWNERS LIABILlTY;·INDEMNITY. OWNERAND OWNER'S AGENTS WILL HAVE NO RESPONSIBILITY TO OCCUPANT OR TO
ANY OTHER PERSON FOR Al"lY LOSS, LIABILITY, CLAIM, EXPENSE, DAMAGE TO PROPERTY OR INJURY TO PERSONS ("LOSS") FROM ANY .
CAUSE, INCLUDING WITHOUT LIMITATION, OWNER'S AND OWNER'S AGENTS' ACTIVE OR PASSIVE ACTS, OMISSIONS, NEGLIGENCE OR
CONVERSION, UNLESS THE LOSS IS DIRECTLY CAUSED BY OWNER'S FRAUD, WILLFUL INJURY OR WILLFUL VIOLATION OF LAW. Occupant
shall indemnifY and hold Owner and Owner's Agents harrnlessfrom any loss inctuTed by Owner and Owner's Agents in any way arising Qut of Occupant's use· of the Premises
orthe Property. OCCUPANT AGREES THAT OWNER'S AND OWNER'S AGENTS TOTAL ~~ITY FOR ANY LOSS FROM ANY CAUSE
WHATSOEVER WILL NOT EXCEED A TOTAL OF $5,000. By placing his INITIALS HERE ~VOccupant acJmowledges that he understands and agrees to
the provisions of this paragraph.

. -•

.

.

_--'

6. OWNER'S LIEN. Occupant's personal property in or on the Premises will be subject to It claim for a lien in favor of Owner and may be sold to satisfy that lien jf
the rent or other charges due under the Rental Agnement remain unpaid for 14consecuth'e days. In addition, if rent or other charges due under the Rental
Agreement remain unpaid for fourteen (14) days or more, Owner may terminate Occupant's right to use his individual space.

7. RIGHT TO ENTER; INSPECT AND REPAIR PREMISES. Occupant shall grant Owner, Owner's Agents or the representatives of any governmental authority, including
police and fire officiali;, access to the Premises upon three (3) days' prior written notice to Occupant. In the event Occupant shall not grant access to the Premises as required,
. or in the event of an emergency or upon default of any of Occupant's obligations under this Rental Agreement, Owner. Owner's Agents or the representative of any
governmental authority shall have the right, but not the. obligation, to remove Occupant's locks and enter the Premises for the purpose of examining the Premises or the
contents thereofor for the purpose of making repairs or alterations to the Premises and laking such other action as may be nec~sary or appropriate to preserve the Premises, or
to comply with applicable' law including any applicable local, state or federal law or regulation goveming hazardous or toxic substance, material or waste, or to enforce any of
Owner's rights. In the event of imy damage orinjury to the Premises or the Property arising from the negligent or deliberate act or omissions of the Occupant, or for which
Occupant is otherwise responsible, or if Occupant fails to remove all personal property from the Premises upon tennination of this Rental Agreement, an expenses reasonably
incurred by the Owner to repair or restore the Premises or the Property including any expense incurred in connection with any investigation of site conditions, or any clean-up,
removal or restoration work required by any applicable local, state or federallaw··on·egulation or agency regulating any hazardous or toxic substance, material or waste, shall
be paid by the Occupant as additional rent and shall be due upon demand by the Owner.

8. TERMINATION AND DEFAL T. Owner may t~ninate this Rental Agreement at the expiration cif any tenn by giving written notice to Occupant by ceJ;tified mail not less
than seven (7) days before expiration of the tenn, or two (2) days if Occupant is in default under the Rental Agreement. Occupant may tenninate this Rental Agreement at any
time by giving two (2) days oral or written notice to Owner. If Occupant defaults under any of his obligations under tbis Rental Agreement, Owner may pursue any remedies
available to Owner lll1der applicable biw or thJs Rental Agreement. Owner's decision to pursue one remedy shall not prevent Owner from pursuing other available remedies.

9. CHANGE OF ADDRESS AND NOTICES. In the event Occupant shall change Occupant's address or alternate name and address as set forth on this Rental Agreement,
Occupant shall give Owner written notice signed by Occupant of any such change within ten ( 10) days of the change, specifYing Occupant's current address and alternate
name, address and telephone numbers. Changes of addresses or telephone numbers cannot be effected through the listing of such infonnation on return· envelopes or checks.
Except as otherwise expressly provided in this Rental Agreement or by law, any wlitten notices or demands required or pennitted to be given lll1der the tenns of this Rental
Agreement may bepersonally served or may be served by first class mail deposited in the United States mail with postage thereon fully prepaid and addressed to the party at
the address provided for in this Rental.Agreement. Service of any such notice or demand shall be deemed complete on the date of deposit with postage thereon in the United
States mail or upon delivery, ifpersonally delivered.

·10. RULES AND REGULATIONS. The rules and regulations posted in a conspicuous place at the Property are made a part of this Rental Agreement and Occupant shall
comply at aU times with such rules and regulations. Owner shall have the right from time to time to promulgate amendments to the rules and regulations. Upon the posting of
any such amendments or additions in a conspicuous .place at the Property, they shall become a part of this Rental Agreement.

NV03/03

_lA_",g,2ofJ mITIAU; HEBEJ-L ~ .

(ffI>ANT

Prop. Mgr.

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 12 of 14

f 11. MISCELLANEOUS.
.
(ayOccupant'shaU provide, at Occupant's own expense, \.. _.!k for the Premises which Occupant deems sufficient to sL.
.. andlor combination to Occupant's lock to Owner or Owner's Agents .
. . (b) Electricity which may be supplied to the Premises is to light the Premises for Occupant's convenience in viewing and accessing stored goods only. Occupant shall turn off
, the lights when leaving the Premises. In the event electricity is used other than as above, Occupant shall pay an additional charge upon notice from Owner.

• the Premises. Occupant shall not provide a key

(

.

.

'..

(c). Occupant shall not make or allow any alterations without the prior written consent of Owner.
(d)"Occupant hereby authorizes Owner to release any information regarding Occupant as may be required b}'law or requested by governmental authorities or agencies, law
enforcemendlgencies, or courts, or to others for marketing· and similar purposes.
(e) Occupant shall not assign or sublease the Premises. Owner may assign or transfer this Rental Agreement without the consent of Occupant and, after such assignment or
transfer, Owner shall be released from all obligations under this Rental Agreement occurring afrer such assignment or transfer. All of the provisions of this Rental Agreement
shall apply to, and be obligatory upon the heirs, executors, administrators, representatives, successors and assigns of all the parties hereto.
(t) Time is of the essence.
(g) This Rental Agreement shall be governed and construed in accordance with the laws of the State of Nevada. If any provisions of this Rental Agreement shall be invalid or
prohibited under such applicable law. such provision shall be ineffective only to the extent of such prohibition or invalidity, \vithout invalidating the remainder of such
provision or the remaining provisions of the Rental Agreement.

. . . . ...........

. . . . . .

.

..

12. NO WARRANTIES; ENTIRE AGREEMENT. Owner hereby disclaims any implied or express warranties, guarantees or representations of the nature, conditioll,
. safety or securitY ofthe Premises and the Property and Occupant hereby ackriowledges. as provided in paragraph 1 above. that Occupant has inspected the
Premises and the Property and hereby acknowledges and agrees that Owner does riot represent or guarantee the safety or security of the Premises or the Property
or of any personal prQperty stored therein, and this Rental Agreement does not create any contractual obligation for Owner to increase or maintain such safety or
security. This Rental Agreement sets forth the entire agreement ofthe parties with respect to the subject matter hereof and sup~rsedes all prior agreements or
understanding with respect thereto. With the exception of posted rules and regulations as noted in paragraph 10, there are no representations, warranties, or
agreements by or between the parties which are not fully set forth herein and no representative of Owner or Owner,'s Agents is authorized to make any

n. __ ", '''''"'''''' ""g"'m~" .... , than M ~.~'" ... fnrth ..,. ... Thl. -::;;;t;{!: n.., .. .rom'" by" wcldng _by tho .","a.

13. INCORPORATION OF PROVISIONS ON PAG ES I AND 2. By placing his INITIALS lIE
with and agrees to all of the provisions printed on the previous pages of this Rental Agreement, and Owner and Occupant agree that all such provisions constitute a
material.part of this Rental Agreement and are hereby incorporated by reference.

Occupant acknowledges that he has read, is familiar

IN WITNE~S WHEREOF, the parties hereto hinie executed this Rental Agreement the day and year first above written.

PUBLIC STORAGE, INC.

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NV03/03

Rental Agreement Page 3 of 3

END OF RENTAL AGREEMENT

Make checks payable to: PUBLIC STORAGE, INC

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 13 of 14

Case 3:12-cv-00490-MMD-VPC Document 19 Filed 07/10/13 Page 14 of 14

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