Common use of Storage and Disposal Clause in Contracts

Storage and Disposal. If you abandon or surrender possession of the apartment and leave household goods, furnishings, fixtures or any other personal property in or at the apartment or if you are removed from the apartment as a result of a forcible detainer action, pursuant to K.S.A. 61-2301, et seq., and amendments thereto, and fail to remove any household goods, furnishings, fixtures or any other personal property in or at the apartment after possession of the apartment is returned to us, we may take possession of the property, store it at your expense and sell or otherwise dispose of the same upon the expiration of 30 days after we take possession of the property, if at least 15 days prior to the sale or other disposition of such property we publish once in a newspaper of general circulation in the county in which such apartment is located a notice of our intent to sell or dispose of such property. Within 7 days after publication, a copy of the published notice will be mailed by us to your last known address. The notice will state your name, a brief description of the property and an approximate date on which we intend to sell or otherwise dispose of the property without liability to you or any other person who has interest in said property, except as to any secured creditor who gives notice of his or her interest in such property to us prior to the sale or disposition thereof, if we have no knowledge or notice that any person, other than the resident, has or claims to have an interest in said property. During such thirty (30) day period after we take possession of the property, and at any time prior to the sale or disposition thereof, the resident may redeem the property upon payment to us for the reasonable expenses incurred by us for taking, holding and preparing the property for sale and of any amount due from the resident to us for rent or otherwise. Any proceeds from the sale or other disposition of the property shall be applied by us in the following order: (1) to the reasonable expenses of taking, holding, preparing for sale or disposition, giving notice and selling disposition thereof; (2) to the satisfaction of any amount due from the resident to us for rent or otherwise; and (3) the balance, if any, may be retained by us, without liability to the resident or to any other person, other than a secured creditor who gave notice of his or her interest, for any profit made as a result of a sale or other disposition of such property.