FAMOUS TOASTERYR O C K H I L L ( C H A R LOT T E M S A ) , S C

2

3

T A B L E O F C O N T E N T S

T R A N S A C T I O N T E A M

M A P S 4

O F F E R I N G O V E R V I E W 6

I N V E S T M E N T H I G H L I G H T S 7

A E R I A L S 8

N E A R B Y U S E S 11

S I T E P L A N 12

T E N A N T N E W S 13

M A R K E T O V E R V I E W 14

D E M O G R A P H I C S 19

C O N F I D E N T I A L I T Y 20

SC REAL ESTATE NO.: 16917

S T E V E H O R V A T H7 0 4 - 3 7 9 - 1 9 8 1h o r v a t h @ b e r k e l e y c a p . c o m C A R L B R E N D E S7 0 4 - 7 1 4 - 2 3 6 3b r e n d e s @ b e r k e l e y c a p . c o m

R A N S O M E F O O S E7 0 4 - 3 7 9 - 1 9 8 5f o o s e @ b e r k e l e y c a p . c o m M E G H A N D A V I D S O N7 0 4 - 7 1 4 - 2 3 7 8d a v i d s o n @ b e r k e l e y c a p . c o m

M I K E L U C I E R7 0 4 - 9 4 3 - 3 1 5 8l u c i e r @ b e r k e l e y c a p . c o m

2 2 1 5 I N D I A H O O K R D

4

R E L A T I O N M A P

03

2 2 1 5 I N D I A H O O K R D

5

L O C A T I O N M A P

026

O F F E R I N G O V E R V I E W

D E M O G R A P H I C S N A P S H O T

1-MILE 3-MILE 5-MILE

2022 POP. PROJECTION 7,718 60,214 117,404

2017 POP. ESTIMATE 7,162 55,684 108,094

POP. GROWTH 2000-2017 18.34% 41.11% 52.57%

HH GROWTH 2000-2017 25.98% 50.40% 60.04%

2017 EST. AVG. HH INCOME $84,240 $67,402 $74,421

for detai led demographics, p lease cl ick HERE

T R A F F I C C O U N T S

AADT

INDIA HOOK RD 19,395

EBINPORT RD 5,180

CELANESE RD 34,732

I-77 (NEARBY) 106,100

*Includes personal guarantee

P R O P E R T Y D E T A I L S

NAME FAMOUS TOASTERY NET OPERATING INCOME $142,174

ADDRESS 2215 INDIA HOOK RD RENT INCREASES ~9% EVERY 5 YEARS AND IN OPTIONS

MARKET ROCK HILL (CHARLOTTE MSA), SC 29732 RENT COMMENCEMENT APRIL 21, 2017

BUILDING SIZE 4,244 SF RENT EXPIRATION APRIL 20, 2027

LAND SIZE 1.50 AC LEASE TYPE ABSOLUTE NET

PARKING 56 SPACES ORIGINAL LEASE TERM 10 YEARS

TENANT J.E.M.P., LLC.* LEASE TERM REMAINING 10 YEARS

YEAR BUILT 2017 OPTIONS THREE, 5-YEAR

RIGHT OF FIRST REFUSAL YES - 7 DAYS ASKING PRICE $2,106,000 (6.75% CAP RATE)

02

HIGHLY REGARDED REGIONAL OPERATORFounded in 2005 in Huntersville, NC, Famous Toastery is well known as one of the best breakfast and brunch operations in all of the Carolinas. The brand has established a reputation and footprint, especially in the Charlotte Metro market, as a trendy industry leader that has been rapidly expanding its franchise operations over the past few years. There are currently 13 Famous Toastery restaurants open with another 19 under development. Operations have been expanding from Florida to New York over the past year as the chain continues to expand.

NEW 10 YEAR LEASE | BANK RETROFITFamous Toastery will have a brand new ten year lease commence as summer ap-proaches, moving in to an already very good looking former bank branch building. The business should benefit as a freestanding building with ample parking and convenient access for its customers.

EBINPORT MARKETPLACE WALMART DEVELOPMENTLocated at the corner of Celanese Road and Ebinport Road just one-half mile from Toast, Halpern & Associates are well underway on their development of a Walmart Neighborhood Market anchored shopping center with 10,000 square feet of small shop space and two outparcels. This development will draw more consumers to the immediate area and benefit Famous Toastery in the long run.

SIGNALIZED CORNER INTERSECTIONNearly 25,000 vehicles intersect at India Hook Road and Ebinport Road each day. Famous Toastery will have excellent visibility and frontage as the site is located at the signalized corner intersection.

LARGE RENT INCREASESInvestors will benefit from strong rent increases ranging from 9-11% every five years during the initial term and throughout the options.

GOOD INCOME LEVELS & POPULATION DENSITY | GROWTH MARKETThe demographics show attractive trends for the surrounding area. Population densities are strong (108K people within a 5-mile radius, 55K people within a 3-mile radius), and the growth within 3 miles is expected to experience an 8.13% increase in population over the next 5 years. 3-mile average household income is near $70K.

CELANESE ROAD CORRIDORCelanese Road is one of Rock Hill’s newest and fastest growing business cor-ridors. Transformed in 2000 from a congested two-lane commuter route into a modern, seven-lane (in parts) thoroughfare, the roadway is now experiencing a responsible business boom. From the I-77 interchange to India Hook Road, new shopping centers, medical offices and restaurants have sprouted up to serve nearby neighborhoods and residents. Many banks and other financial services firms including TD Bank, Park Sterling Bank, and Wells Fargo have chosen the Celanese Road Corridor due to its proximity to many higher income households. More than 30,000 VPD fuel a great demand for retail, restaurants and consumer services. Walgreens, Harris Teeter and Food Lion anchor highly-trafficked shop-ping centers.

KEY LOCATION WITHIN EXCELLENT CHARLOTTE MSALocated 20 minutes from Charlotte, this submarket has direct access up I-77 to North Carolina’s strongest economy and a population of approximately 1.7MM. Rock Hill is the 4th largest city within the Charlotte MSA.

7

I N V E S T M E N T H I G H L I G H T S

C E L A N E S E R DC E L A N E S E R D

E B I N P O R T R D

MT. G

AL

LA

NT

RD

MT. G

AL

LA

NT

RD

I ND

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I ND

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K R

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E B I N P O R TE L E M E N T A R Y

W E S T M I N S T E R C A T A W B A

C H R I S T I A N S C H O O L

R O S E W O O DE L E M E N T A R Y

R E S I D E N T I A L$ 4 0 0 K - $ 8 0 0 K

R E S I D E N T I A L$ 2 5 0 K - $ 5 5 0 K

R E S I D E N T I A L$ 2 0 0 K - $ 3 5 0 K

R E S I D E N T I A L$ 1 6 0 K - $ 2 8 0 K

C L O S E U P A E R I A L

8

MT. G

AL

LA

NT

RD

C H A R L O T T E C B D2 0 M I L E S N O R T H

CE

LA

NE

SE

RD

CE

LA

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RD

I N D I A H O O K R D

I N D I A H O O K R D

H E R LO N G AV E

N . C H E R R Y R D

N . A N D E R S O N R DD AV E LY L E B LV D

E B I N P O R TE L E M E N T A R Y

W I N T H R O PPA R K

D I S T R I B U T I O N C E N T E R

W I N T H R O PU N I V E R S I T Y

5 , 0 7 3 S T U D E N T S

R E S I D E N T I A L$ 4 0 0 K - $ 8 0 0 K

R E S I D E N T I A L$ 2 5 0 K - $ 5 5 0 K

R E S I D E N T I A L$ 2 0 0 K - $ 3 5 0 K

R E S I D E N T I A L$ 1 6 0 K - $ 2 8 0 K

R E S I D E N T I A L$ 1 5 0 K - $ 2 5 0 K

9

E A S T A E R I A L

E B I N P O R TE L E M E N T A R Y

R I C H M O N D D R I V EE L E M E N T A R Y

W I N T H R O PU N I V E R S I T Y

5 , 0 7 3 S T U D E N T SP I E D M O N T

M E D I C A L C E N T E R2 8 0 B E D S

C E L A N E S E R D

IND

IA H

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D

I N D I A H O O K R D

HE

RLO

NG

AV

E E B E N E Z E R R D

H E C K L E B LV D

N . CH E R R Y R

D

R E S I D E N T I A L$ 4 0 0 K - $ 8 0 0 K

R E S I D E N T I A L$ 2 0 0 K - $ 3 5 0 K

R E S I D E N T I A L$ 2 0 0 K - $ 3 5 0 K

R E S I D E N T I A L$ 1 5 0 K - $ 2 5 0 K

R E S I D E N T I A L$ 1 5 0 K - $ 2 5 0 K

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S O U T H A E R I A L

11

N E A R B Y U S E S W I T H I N 2 M I L E SSITE PLAN

4

EBINPORTMARKET

12

S I T E P L A N

DESK

REF.

FEC

11

12

7

8

11

10

3

2

4

7

PROPOSED FUTUREBUILDING PAD

6,750 SFFFE. = 624.3

PRO

POSE

DPA

TIO

T

4

1

EXISTING BUILDING(TO REMAIN)

4,300 SFEXIST FF 626.00

108.0'

65.0'

72.0'

108.0'

99.0'

22.0'

19.0'

9.0'

9.0' 9.0'

22.0'

19.0'

19.0'

22.0'

19.0'

19.0'

R3.0' R3.0'

R5.0'R3.0'

R10.0'R3.0'

R10.0'R3.0'

R50.0'

R5.0'

R3.0'R10.5'

R10.0' R3.0'

EXISTING ENTRANCE(TO REMAIN UNCHANGED)

EXISTING ENTRANCE(TO REMAIN UNCHANGED

HEAVE DUTYPAVEMENT

ALL OTHERLIGHT DUTYPAVEMENT

PROPOSED DUMPSTER(DESIGNED BY ARCHITECTSEE DETAILS SHEET C10)

(SEE DETAIL, DUMPSTER ENCLOSURE SHALL MEET THEMINIMUM SIZE REQUIREMENTS OF THE CITY OF ROCKHILL'S STANDARD DUMPSTER PAD DETAIL)

(THE DUMPSTER ENCLOSURE SHALL BE CONSTRUCTEDOF THE SAME MATERIAL AS THE BUILDING FACADE WITHCORRUGATED METAL, VINYL OR PVC GATE MATERIAL)

EX 30' ACCESSEASEMENT

EX 30'UTILITY ESMT

EX. 30'UTILITY ESMT

EXIS

T. D

RIVE

WA

Y ES

MT.

25' SETBACK

10' BUFFER

25' S

ETBA

CK

10' B

UFFE

R

25' SETBACK

10' BUFFER

25' SETBACK

10' BUFFER

25' S

ETBA

CK

10' B

UFFE

R

25' SETBACK

10' BUFFER

25' S

ETBA

CK

R5.0'

PRIVATE DRAINAGE EASEMENTFOR STORM WATER POND

STORMWATER

DETENTION

FUTURE ELECTRICTRANSFORMER

LOCATION

18"R

CP

18" RCP

18" R

CP

INV:617.25'

EX-JBINV IN:617.78'

INV OUT:617.62'RIM:621.09'

INV:617.38'

18"R

CP

CONCRETE WALKWAY

EDGE OF PAVEMENT

18" C

URB

& G

UTTE

R

EXISTING HANDICAP SPACES. VERIFY1 SPACE MARKED "VAN ACCESSIBLE -MAXIMUM FINE $1000.PROPOSED WAVE BICYCLE

RACK (SEE DETAIL SHEET C10)

R4'

R6'

R39'

R11'

R4'

9.75'

60°'

18' 16'

PEDISTRIAN WALKWAY(TO PROVIDE MIN. 150'TRAVEL DISTANCE TOPARKING SPACES)

60° PARKING SPACES(PER DETAIL SHEET C11)

GORE STRIPEEXISTING PVMT

5'

WN E

S

NORTH ARROW

C03

GRAPHIC SCALE 1"=20 FT.

0 10 20 40

15KMG

216015

C03 - SITE PLAN.DWG

REVISIONS:

PROJECT NUMBER:

DRAWN BY:06/20/2016DATE:

SHEET OF

ROC

K HI

LL T

OA

STPI

N #

633

0901

019,

592

0000

0146

SITE

AD

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SS: 2

200

IND

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K RO

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& 1

932

EBIN

PORT

RO

AD

1 - 09/26/16 - PER TOWN COMMENTS

C03 - SITE PLAN.DWG - PLOT: Rusty - TUE. 12-20-2016 11:39 AM

2 - 10/04/16 - PER TOWN COMMENTS

3 - 12/20/16 - PER OWNER

SITE

PLA

N

ZONING CODE SUMMARY

ITEM # ITEM PROVIDED

1 BUILDING SIZE SF

3 PARKING SPACES REQUIRED 77

4 PARKING SPACES PROVIDED 80

5 MIN. DRIVE AISLE WIDTH AS NOTED

6 MIN. DRIVEWAY RADIUS AS NOTED

7 HANDICAP SPACES 2 SPACES

8 REQUIRED OPEN SPACE 10% (8,722 SF)

IMPERVIOUS SUMMARYITEM SQ FT ACRES % OF TOTAL SITE

TOTAL SITE AREA 87,222 SF 2.00 AC N/A

EXISTING BUILDING 4,300 SF 0.10 AC 4.93 %

EXISTING IMPERVIOUS 31,861 SF 0.73 AC 36.53 %

EXISTING PERVIOUS 55,361 SF 1.27 AC 63.47 %

PROPOSED BUILDING 3,610 SF 0.08 AC 4.14 %

PROPOSED PAVEMENT 15,426 SF 0.35 AC 17.69 %

PROPOSED CONCRETE 850 SF 0.02 AC 0.97 %

TOTAL IMPERVIOUS 51,747 SF 1.19 AC 59.33 %

TOTAL PERVIOUS 35,475 SF 0.81 AC 40.67 %

SITE DATA TABLELOCATION: 2200 INDIA HOOK ROAD & 1932 EBINPORT ROAD

ZONING: BD-III

CONTACT: HENSONFOLEY DESIGN (TIM FOLEY) (704) 875-1615

ITEM PROVIDED

MIN. FRONT SETBACK 25 FT

MIN. SIDE SETBACK 25 FT

MIN. REAR SETBACK 25 FT

MAX. BUILDING HEIGHT 35'

FEMA MAP NUMBER 45091C0307E

FEMA EFFECTIVE DATE 8-26-2008

SOIL TYPE UcC2

LEGEND

IRR IRR IRR IRR IRR

PROJECT BOUNDARYPROPOSED BUILDINGCURB AND GUTTERBUILDING SETBACKIRRIGATION CONDUITEXISTING SURVEY

BUILDING HATCH

BRICK PAVERS

SIDEWALK

HEAVY DUTY PAVEMENT

R1-1

STOP STOP SIGN W/WHITE STOP BAR

PARKING ROWCOUNT

HANDICAPPEDPARKING SYMBOL

COMPACTCAR SPACEXX C

NOTES:1. NO CERTIFICATE OF OCCUPANCY WILL BE ISSUED UNTIL THE PROPOSED

DEVELOPMENT IS IN COMPLIANCE WITH THE APPROVED PLAN INACCORDANCE WITH SECTION 155.536 OF THE YORK COUNTY CODE.

2. SIGHT LIGHTING BY OTHERS

3. SIGN PERMITTING BY OTHERS

4. ARCHITECTURAL FOOTPRINT IS FOR INFORMATIONAL PURPOSES ONLY.REFER TO ARCHITECT'S PLANS AND DRAWINGS FOR FINAL LAYOUT ANDDIMENSIONS. CONTRACTOR TO NOTIFY ENGINEER OF ANY CHANGES.

PARKING REQUIREMENTSTOTAL COMMERCIAL/RETAIL = 6,750 SF = 27 REQUIRED SPACESTOTAL RESTAURANT SPACE = 3,778 SF / 75 SF = 50 REQUIRED SPACES

BIKE PARKING:ONE SPACE PER EVERY 20 OFF-STREET PARKING SPACES UP TO 400 SPACES PLUS ONE SPACEPER EVERY 40 OFF-STREET PARKING SPACES IN EXCESS OF 400 SPACES.84 PARKING SPACES / 20 = 4.2 BICYCLE PARKING SPACES REQUIRED

HATCH INDICATESPARKING SPACES FORTHE RESTAURANT

13

T E N A N T N E W S

Developer signs Famous Toastery, Orangetheory to Rock Hill leases

Warren Norman Co. Inc. has signed on a trendy restaurant and a fitness center to commercial space in Rock Hill.

They are Famous Toastery and Orangetheory Fitness.

Famous Toastery will bring its second location to York County with a 4,244-square-foot restaurant in a former bank branch at 2215 India Hook Road. Its initial location is on S.C. Highway 160 in Tega Cay.

Jason and Michele Serkin will operate the new Rock Hill location. They already operate the Tega Cay Famous Toastery as well as one located in Indian Land.

Famous Toastery got its start in Huntersville in 2005, when Robert Maynard and Brian Burchill opened their first location on Huntersville-Concord Road. The company has 13 restaurants open now, with 19 under development.

This fall, the Charlotte-based gourmet breakfast restaurant plans to open a spot in uptown, at 330 S. Tryon.

Famous Toastery, formerly Toast Café, was repped at the Rock Hill location by Josh Beaver of The Nichols Co. of Charlotte.

August 9, 2016bizjournals.com /charlotte

Please click HERE for web-based article.

C H A R L O T T E , N C

14

M A R K E T O V E R V I E W

ROCK HILL, SCThe city of Rock Hill, SC earned its name in 1852, when rail crews from the Charlotte/Columbia/Augusta Railroad line nicknamed a small, flint hill of rock “Rock Hill”. With a community of over 67,000 resident and over 36 square miles, Rock Hill is the largest city in York County, South Carolina. Rock Hill is located within minutes of two of South Carolina’s best attractions- Carowinds theme park- a 398-acre amusement and 20-acre waterpark with over 50 rides, shows, and attractions, and Historic Brattonsville- featuring more than 30 historic structures from the 1760’s to the late 19th century. Rock Hill is becoming the hometown for growing families, new businesses, and corporate headquarters. With an array of business and industrial parks such as Waterford Business Park, Antrim Business Park, TechPark, Southway Industrial Park and Airport Industrial Park, there is plenty of opportunity for large, affordable sites, with proximity to business amenities, I-77, rail access, and the city of Charlotte.

Located 20 miles north of Rock Hill along I-77, dubbed the Queen City, Charlotte has a metropolitan area of more than 2.3 million people and is consistently ranked in the top 10 most popular destinations to move to in the U.S. With a population over more than 800,000, Charlotte is the largest city in the region and the 16th largest in the U.S. The Charlotte region offers companies an educated workforce, strategic geographic location, and a very business friendly atmosphere.

CHARLOTTE, NCOver 7.1 million people live within a 100-mile radius of Charlotte, with Char-lotte being the largest city within the region. As a result, Charlotte has become a financial, distribution, and transportation center for the entire re-gion. Although the metropolitan area itself has a large population base and has experienced strong and diversified growth since the 1970s, it has the potential for further growth that has attracted favorable local and national

attention. As Charlotte increasingly fulfills its regional role, it will continue to be one of the most attractive investment areas in the southeastern Unit-ed States.

TRANSPORTATION AND INFRASTRUCTURECharlotte is served by a highly efficient state and federal highway network, including major north-south and east-west interstate arteries, and by a modern international airport terminal. Interstates 77 and 85, which inter-sect in Charlotte, are integral to the distribution and manufacturing indus-tries. Charlotte’s third interstate highway is I-485, a 63-mile circumferential highway that was completed in 2015.

The Charlotte Douglas International Airport is the nation’s 6th busiest air-port and the 11th busiest in the world in terms of total passengers with over 38 million passengers boarded annually. The Charlotte region is also the center of the nation’s largest consolidated rail system. Two major rail sys-tems, CSX Transportation and Norfolk Southern Railway, link 44,800 miles of rail between Charlotte and 23 states east of the Mississippi River. Over 275 trucking firms located in the region provide ground transportation.

MAJOR EMPLOYERSCharlotte’s largest employers represent a variety of industry sectors, in-cluding banking and finance, healthcare, government services, retail, transportation, manufacturing, and telecommunications. The city is home to many corporate headquarters, including Duke Energy, Nucor, Sonic Au-tomotive, SPX, Family Dollar, and Goodrich. Lowe’s Home Improvement is also headquartered in the region. Charlotte ranks fifth in the nation in the number of Fortune 500 headquartered companies and is home to opera-tions for 311 Fortune 500 companies.

15

M A R K E T O V E R V I E W

BLUE LINE EXTENSIONCurrently, the Blue Line is 9.6 miles long and operates from I-485 at South Blvd to uptown Charlotte. The rail service will extend from 9th St in Center City to the UNC Charlotte campus. The line will pass through North David-son (NoDa) and University City. The extension will provide an additional choice of mobility for the north commuters and further connect Charlotte’s economic activity centers (Center Business District and University City). The $1.2B project is expected to open service in 2017 and will bring new business and continue to attract development along its length.

REPUBLIC SERVICES TO OPEN CUSTOMER SERVICE CENTERFebruary 2016- Republic Services will open a full-service customer ser-vice center in Charlotte, creating more than 350 new jobs and investing $6.8 million over the next three years. Currently headquartered in Phoenix, Arizona, Republic Services is an industry leader in the domestic non-haz-ardous solid waste industry, as well as a Fortune 500 company, publicly traded on the New York Stock Exchange (NYSE: RSG). The company has leased 82,375 square feet at 10815 David Taylor Drive.

RED VENTURES TO ADD 500 NEW JOBS IN MECKLENBURG COUNTYDecember 2015- Red Ventures will expand its Mecklenburg County opera-tions by adding 500 new jobs over the next five years. This announcement will bring the company’s employment in Charlotte to more than 1,000 work-ers. The additional workforce will result in a payroll impact of nearly $24.5 million annually. The company will lease space in Cambridge Corporate Center at 10101 Claude Freeman Drive in the University Research Park to accommodate its growth. It will invest more than $5 million in building im-provements and equipment at the new location.

COCA-COLA BOTTLING ANNOUNCES NEW CUSTOMER CARE CENTERNovember 2015- Charlotte-based Coca-Cola Bottling Company Consoli-

dated announced the opening of a new Customer Care Center on West W.T. Harris Boulevard in north Charlotte. The facility will handle all of the company’s customer business-to-business sales and customer service calls, emails and fax inquiries. Coke Consolidated currently employs 183 people at the facility. The company expects to have a total of 300 employ-ees at the new facility and is investing $8.1 million in the operation.

16

M A R K E T O V E R V I E W

17

M A R K E T O V E R V I E W

Fountain Park - Downtown Rock Hill

Lake Wylie

Rock Hill City Hall

Winthrop University

Carowinds

Bank of America Stadium - Home of the Carolina Panthers

BB&T Ballpark - Home of the Charlotte Knights Charlotte Motor Speedway

Spectrum Center - Home of the Charlotte Hornets

18

M A R K E T O V E R V I E W

POPULATION 1-MILE 3-MILE 5-MILE 2022 Projection 7,718 60,214 117,404 2017 Estimate 7,162 55,684 108,094 2010 Census 6,450 49,447 94,937 2000 Census 6,052 39,460 70,847 Growth 2017-2022 7.77% 8.14% 8.61% Growth 2010-2017 11.03% 12.61% 13.86% Growth 2000-2010 6.59% 25.31% 34.00%

2017 EST. HOUSEHOLDS BY HOUSEHOLD INCOME 3,088 22,394 42,647 Income < $15,000 284 9.19% 3,028 13.52% 5,514 12.93% Income $15,000 - $24,999 316 10.23% 2,648 11.82% 4,611 10.81% Income $25,000 - $34,999 367 11.90% 2,582 11.53% 4,559 10.69% Income $35,000 - $49,999 420 13.61% 3,472 15.50% 6,140 14.40% Income $50,000 - $74,999 460 14.91% 3,807 17.00% 7,140 16.74% Income $75,000 - $99,999 398 12.88% 2,561 11.44% 4,782 11.21% Income $100,000 - $124,999 253 8.20% 1,485 6.63% 3,057 7.17% Income $125,000 - $149,999 168 5.43% 940 4.20% 2,174 5.10% Income $150,000 - $199,999 193 6.23% 972 4.34% 2,379 5.58% Income $200,000 - $249,999 101 3.28% 416 1.86% 1,072 2.51% Income $250,000 - $499,999 95 3.06% 371 1.66% 936 2.19% Income $500,000+ 33 1.08% 111 0.50% 285 0.67%2017 EST. AVERAGE HOUSEHOLD INCOME $84,240 $67,402 $74,421

19

D E M O G R A P H I C S

Berkeley Capital Advisors, LLC (“BCA”) has been authorized by the owner of the subject property (the “Seller”) to present you with this marketing package. This is a confidential package intended solely for your own limited use and benefit, as a principal, in considering whether you desire to pursue negotiations to acquire the subject property. Your receipt and acceptance of this package serves to acknowledge your agreement to: (1) hold the information and materials contained herein, and the offering they represent, in the strictest of confidence; (2) not disclose, directly or indirectly, the information and materials contained herein, or the offering they rep-resent, to any other person, firm or entity without prior written authorization from BCA or the Seller; (3) not use the information and materials contained herein in any fashion or manner detrimental to the interest of BCA or the Seller; (4) not disturb any tenants in possession of the subject property nor reveal to them the offering this package represents. This marketing package was prepared by BCA and it has been reviewed by representatives of the Seller. The information and materials contained herein are selective and limited in nature, and neither BCA nor the Seller purports this to be an all-inclusive report on the subject property. Within this package, certain leases, documents and other materials are described in summary form. These summa-ries do not purport to be complete nor necessarily accurate descriptions of the full agreements involved, nor do they purport to constitute a legal analysis of the provisions of those documents. Interested and qualified prospective purchasers will be afforded an opportunity to review additional information and to inspect the subject property, and all such prospective purchasers should conduct their own independent due diligence. This package is based in part upon information supplied by the Seller and in part upon information obtained by BCA from sources believed to be reliable. All in-come, expense and/or investment projections contained herein are provided for general reference purposes only, in that they are based on assumptions relating to the general economy, competition and other factors beyond the control of BCA and the Seller, and all such projections are therefore subject to variation. This package shall not be deemed an indication of the state of affairs of the sub-ject property, nor constitute an indication that there has been no change in the business or affairs of the subject property since the date of preparation of this package.

Neither BCA, the Seller, nor any of their respective officers, employees or agents, has made or does make any representation or warranty, expressed or implied, as to the accuracy or completeness of this package or any of its contents, and no legal commitments or obligations shall arise by reason of this package or its contents. BCA and the Seller expressly reserve the right, at their sole discretion, to alter or amend the terms of this offering, to reject any or all expressions of interest or of-fers to acquire the subject property and/or to terminate discussions with any en-

tity at any time with or without notice. The Seller shall have no legal commitment or obligation to any entity reviewing this package or making an offer to acquire the subject property unless and until a written agreement for such acquisition has been fully executed, delivered and approved by the Seller and any conditions to the Seller’s obligations thereunder have been satisfied or waived.

Parties seeking to act in a third-party brokerage capacity must register their cli-ent(s) with BCA prior to receiving or dispersing any marketing information. BCA will not recognize any third-party brokerage relationships without first receiving and approving such written client registration, nor will BCA or the Seller be ob-ligated for any brokerage claims which may result, regardless of such broker’s involvement in procuring a purchaser for the subject property. This package is the property of BCA. Photocopying, re-typing or other dupli-cation of the information and materials contained herein is expressly prohibited. The information contained within this package and the offering of the subject property may not be announced, posted or otherwise publicized in any electron-ic media (such as, by way of example only, any Internet or “broadcast facsimile” communications).

If, after reviewing this package, you have no further interest in acquiring the sub-ject property at this time, please return this package in its entirety to BCA. Like-wise, if the terms contained in this Confidentiality & Disclaimer section are not acceptable to you, please immediately return this package to BCA.

The terms and conditions stated in this Confidentiality & Disclaimer section apply and relate to all of the sections of this package as if stated independently therein.

Prospective purchasers of the subject property are hereby notified that Berkeley Capital Advisors, and its agents, are acting in the capacity of a “Seller’s Agent” during the course of this offering, and as such are solely representing the inter-ests of the Seller.

DESCRIPTION OF AGENT DUTIES AND RELATIONSHIPSBefore you begin working with any real estate agent, you should know who the agent represents in the transaction. Every listing agreement, buyer agen-cy agreement or other agreement for brokerage services in a real estate sales transaction in North Carolina must contain this “Description of Agent Duties and Relationships” [N.C. Real Estate Commission Rule 21 NCAC 58A.0104(c), eff. 7/1/95]. Real estate agents should carefully review this information with you prior to entering into any agency agreement.

AGENT’S DUTIESWhen you contract with a real estate firm to act as your agent in a real estate transaction, the agent must help you obtain the best price and terms possible, whether you are the buyer or seller.

The agent also owes you the duty to: • Safeguard and account for any money handled for you • Act with reasonable skill, care and diligence • Be loyal and follow reasonable and lawful instructions • Disclose to you any information which might influence your decision to buy or sell

Even if the agent does not represent you, the agent must still be fair and hon-est and disclose to you all “material facts” which the agent knows or reasonably should know. A fact is “material” if it relates to defects or other conditions affect-ing the property, or if it may influence your decision to buy or sell. This does not require a seller’s agent to disclose to the buyer the minimum amount the seller will accept, nor does it require a buyer’s agent to disclose to the seller the maxi-mum price the buyer will pay.

AGENTS WORKING WITH SELLERSA seller can enter into a “listing agreement” with a real estate firm authorizing the firm and its agent(s) to represent the seller in finding a buyer for his property. The listing agreement should state what the seller will pay the listing firm for its ser-vices, and it may require the seller to pay the firm no matter who finds the buyer.

The listing firm may belong to a listing service to expose the seller’s property to other agents who are members of the service. Some of those agents may be working with buyers as buyers’ agents; others will be working with buyers but still representing the sellers’ interests as an agent or “subagent”. When the buyer’s agents and seller’s subagents desire to share in the commission the seller pays to the listing firm, the listing agent may share the commission with the seller’s permission.

AGENTS WORKING WITH BUYERSA buyer may contract with an agent or firm to represent him (as a buyer’s agent), or may work with an agent or firm that represents the seller (as a seller’s agent or subagent). All parties in the transaction should find out at the beginning who the agent working with the buyer represents.

If a buyer wants a buyer’s agent to represent him in purchasing a property, the buyer should enter into a “buyer agency agreement” with the agent. The buy-er agency agreement should state how the buyer’s agent will be paid. Unless some other arrangement is made which is satisfactory to the parties, the buyer’s agent will be paid by the buyer. Many buyer agency agreements will also obli-gate the buyer to pay the buyer’s agent no matter who finds the property that the buyer purchases.

A buyer may decide to work with a firm that is acting as agent for the seller (a seller’s agent or subagent). If a buyer does not enter into a buyer agency agree-ment with the firm that shows him properties, that firm and its agents will show the buyer properties as an agent or subagent working on the seller’s behalf. Such a firm represents the seller (not the buyer) and must disclose that fact to the buyer.

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C O N F I D E N T I A L I T Y

A S H E V I L L E138 Charlotte Street, Suite 220Asheville, North Carolina 28801

704.714.2365

C H A R L O T T E1228 East Morehead Street, Suite 200

Charlotte, North Carolina 28204704.379.1980

N A S H V I L L E1510 16th Avenue, Suite 300Nashville, Tennessee 32712

615.970.6596

B E R K E L E Y C A P. C O M