Confidentiality and Buyer Registration Agreement

Marcus & Millichap Real Estate Investment Brokerage Company (“Broker”) has been retained to solicit an offer on behalf of the owner of the property known as 6600 S Westmoreland TH Land, located in Dallas, Texas.

To receive the Property Information (“Property Documents”) please read, sign and return this completed Confidentiality Agreement to Broker for use and does not purport to provide a necessarily accurate summary of the property or any of the documents related thereto, nor does it purport to be all-inclusive or to contain all the information which prospective Buyers may need or desire.  All projections have been developed by Broker and designated sources and are based upon assumptions relating to the general economy, competition, and other factors beyond the control of the Seller and therefore are subject to variation.  No representation is made by Broker or the Seller as to the accuracy or completeness of the information contained herein, and nothing contained herein shall be relied on as a promise or representation as to the future performance of the property.  Although the information contained herein is believed to be correct, the Seller and its employees disclaim any responsibility for inaccuracies and expect prospective purchasers to exercise independent due diligence in verifying all such information.  Further, Broker, the Seller and its employees disclaim all liability for representations and warranties, expressed and implied, contained in or omitted from the Property Documents or any other written or oral communication transmitted or made available to the Buyer. The Property Documents do not constitute a representation that there has been no change in the business or affairs of the property or the Owner since the date of preparation of the Property Documents.  Analysis and verification of the information contained in the Property Documents are solely the responsibility of the prospective Buyer.  Additional information and an opportunity to inspect the property will be made available upon request to interested and qualified prospective Buyers.

By accepting the Property Documents, you agree to indemnify, defend, protect and hold Seller and Broker and any affiliate of Seller or Broker harmless from and against all claims, damages, demands, liabilities, losses, costs or expenses (including reasonable attorney’s fees, collectively “Claims”) arising, directly or indirectly from any actions or omissions of Buyer, its employees, officers, directors or agents.

By accepting the Property Documents, you acknowledge that you are a principal and not an agent of or acting on behalf of any other party in connection with the acquisition.  Buyer acknowledges that he/she is aware that any Agent/Broker other than Marcus & Millichap, must be registered on this Confidentiality Agreement to be eligible to participate in the fee.  Furthermore, Buyer acknowledges that it has not had any discussion regarding this Property’s Sale with any other broker or agent other than Broker or an agent/broker properly identified through this registration process, including but not limited to, resolutions of incomplete, conflicting or duplicate registrations.  Buyer shall indemnify and hold Seller and Broker harmless from and against any claims, causes of action or liabilities, including, without limitation, reasonable attorney’s fees and court costs which may be incurred with respect to any claims for other real estate commissions, broker’s fees or finder’s fees in relation to or in connection with the Property to the extent claimed, through or under Seller.

The Seller and Broker each expressly reserve the right, at their sole discretion, to reject any or all expressions of interest or offers regarding the Property and/or to terminate discussions with any entity at any time with or without notice.  The Seller shall have no legal commitment or obligations to any entity reviewing the Property Documents or making an offer to purchase the Property unless a written agreement for the purchase of the Property has been fully executed, delivered, and approved by the Seller and its legal counsel, and any conditions to the Seller’s obligation thereunder have been satisfied or waived.  If Buyer has an agent, Buyer will pay and cover commissions and fees owed to their Agent, as their Agent will not be paid by Marcus & Millichap.

The Property Documents and the contents, except such information, which is a matter of public record or is provided in sources available to the public, are of a confidential nature.  By accepting the Property Documents, you agree that you will hold and treat it in the strictest confidence, that you will not photocopy or duplicate it, that you will not disclose the Property Documents or any of the contents to any other entity (except to outside advisors retained by you, if necessary, for your determination of whether or not to make an offer and from whom you have obtained an agreement of confidentiality) without prior written authorization of the Seller or Broker, and that you will not use the Property Documents or any of the contents in any fashion or manner detrimental to the interest of the Seller or Broker.

By signing this Confidentiality Agreement, you hereby authorize the Fluellen Hoover Multifamily of Marcus & Millichap to contact you regarding this transaction or any other transaction in the future.