Bay Area Plaza OM

DISCLAIMER:

The Offering Memorandum and Confidential Information (as defined in the Confidentiality Agreement) is furnished to prospective purchasers for the purpose of determining whether to acquire the subject property offered hereby. This Offering Memorandum has been prepared to provide summary, unverified financial and physical information to prospective purchasers, and to establish only a preliminary level of interest in the subject property. The information contained in this Offering Memorandum has been obtained from sources believed to be reliable; however, NewQuest Properties has not verified, and will not verify, any of the information contained herein, nor has NewQuest Properties conducted any investigation regarding these matters. The information contained herein is not a substitute for a thorough due diligence investigation. All potential buyers must take appropriate measures to verify all of the information set forth herein. Prospective buyers shall be responsible for their costs and expenses of investigating the subject property.

THIS OFFERING MEMORANDUM AND CONFIDENTIAL INFORMATION SHALL NOT BE DEEMED A REPRESENTATION OF THE STATE OF AFFAIRS OF THE PROPERTY OR CONSTITUTE AN INDICATION THAT THERE HAS BEEN NO CHANGE IN THE BUSINESS OR AFFAIRS OF THE PROPERTY SINCE THE DATE OF PREPARATION OF THIS MARKETING INFORMATION PACKAGE.

Neither Owner nor NewQuest Properties nor any of their respective subsidiaries, affiliates, companies, or the officers, directors, employees, agents and representatives of any such entities, etc., make any representations or warranties, expressed or implied, as to the validity, accuracy or completeness of the information provided or to be provided, and nothing herein shall be deemed to constitute a representation, warranty or promise by any such parties as to the future performance of the subject property or any other matters set forth herein.

Prospective purchasers are not to construe the contents of this Offering Memorandum or any prior or subsequent information communications from the Owners or any of their respective officers, employees or agents as legal, tax or other advice. Prior to purchasing, prospective purchasers should consult with their own legal counsel and personal and tax advisors to determine the consequences of an investment in the subject property and arrive at an independent evaluation of such investment. No commission or finder’s fee shall be payable to any party by the Owner nor any affiliate or agent thereof in connection with the sale of the subject property, unless otherwise agreed to by Owner in writing. Acquisition of properties such as these offered hereunder involves a high degree of risk and are suitable only for persons and entities of substantial financial means.

Prospective purchasers are hereby advised that Owner of the subject property are soliciting offers through NewQuest Properties, which may be accepted or rejected by Owner at Owner’s sole discretion. Any solicitation of an offer for the subject property offered hereunder will be governed by this Offering Memorandum, as it may be modified or supplemented. Prospective purchasers are advised that as part of the offer process, Owner will be evaluating several factors including the experience and financial qualifications of the purchasing entity. Owner shall have no obligation to accept any offer from any prospective purchaser. Owner reserves the right to withdraw the subject property from consideration at any time prior to final execution of a purchase agreement.

The Americans With Disabilities Act is intended to make many business establishments equally accessible to persons with a variety of disabilities; modifications to real property may be required. State and local laws also may mandate changes. The real estate brokers in this transaction are not qualified to advise Prospective Purchaser as to what, if any, changes may be required now, or in the future. Prospective Purchaser, owners, and tenants should consult the attorneys and qualified design professionals of their choice for information regarding these matters. Real estate brokers cannot determine which attorneys or design professionals have the appropriate expertise in the area.

Various construction materials may contain items that have been or may be in the future be determined to be hazardous (toxic) or undesirable and may need to be specifically treated/handled or removed. For example, some transformers and other electrical components contain PCB’s, and asbestos has been used in components such as fire-proofing, heating and cooling systems, air duct insulation, spray-on and tile acoustical materials, linoleum, floor tiles, roofing, dry wall and plaster. Due to prior or current uses of the Property or in the area, the Property may have hazardous or undesirable metals (including lead-based paint), minerals, chemicals, hydrocarbons, ,or biological or radioactive items (including electric and magnetic fields) in soils, water, building components, above or below-ground containers or elsewhere in areas that may or may not be accessible or noticeable.