Principal / Broker Confidentiality Statement
Property: More Space Storage, 9518 S. 120th Street, Papillion, Nebraska 68046
The undersigned has been advised that Lee & Associates and Benjamin Pearson, Principal, collectively "Broker," have been retained and/or authorized by the owner of the above-referenced property, "Owner," with respect to the offering for sale of the property indicated above, the "Property."
Owner has indicated that all inquiries, communications, offers, property tours, due diligence requests, and negotiations with respect to the contemplated sale of the Property shall be directed to Broker. The undersigned agrees that it shall not directly or indirectly contact Owner, property employees, tenants, customers, vendors, management personnel, or any other party connected to the Property regarding the potential sale of the Property without prior written authorization from Broker or Owner.
All fees due to Broker in connection with the sale of the Property shall be paid pursuant to a separate agreement between Broker and Owner. If the undersigned is acting as a broker, agent, finder, advisor, or representative and is procuring the ultimate purchaser of the Property, any co-brokerage fee shall be governed by a separate written co-brokerage agreement executed by Broker and the undersigned prior to submission of an offer. The undersigned hereby acknowledges that it is acting as a principal, investor, broker, agent, finder, advisor, or representative in connection with this transaction and agrees that it will not look to Owner, Broker, Lee & Associates, Benjamin Pearson, or any related party for any fee, commission, referral fee, finder's fee, advisory fee, co-brokerage fee, or other compensation in connection with the sale of the Property unless expressly agreed to in a separate written agreement signed by the party to be charged. If the undersigned is acting as a broker, agent, finder, advisor, or representative, it is acknowledged that any compensation owed to the undersigned shall be paid by Purchaser or the undersigned's client, and in no event shall the undersigned be entitled to compensation from Owner or Broker unless separately agreed in writing.
Broker has available for review certain information, "Confidential Information," concerning the Property. On behalf of Owner, Broker may make such Confidential Information available to the undersigned upon execution of this Confidentiality Statement. The Confidential Information is intended solely for the undersigned's limited use in considering whether to pursue negotiations to acquire or invest in the Property. The undersigned shall not copy, distribute, market, advertise, publish, forward, repackage, or otherwise make the Confidential Information available to any person or entity except as permitted herein.
The Confidential Information may include offering materials, rent rolls, operating statements, financial information, unit mix, occupancy reports, pricing information, projections, property records, photographs, site plans, market information, due diligence materials, and other non-public information concerning the Property. The Confidential Information also includes the fact that discussions or negotiations may be occurring regarding the Property.
The Confidential Information contains brief, selected information pertaining to the Property and has been prepared primarily from information supplied by Owner, Owner's representatives, public records, and other sources believed to be reliable. It does not purport to be all-inclusive or to contain all of the information that a prospective purchaser may desire. Neither Broker nor Owner makes any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information, and no legal liability is assumed or implied with respect thereto. The undersigned agrees to conduct its own independent investigation and rely solely upon its own due diligence, analysis, inspections, underwriting, advisors, and professional judgment.
By executing this Confidentiality Statement, the undersigned agrees that the Confidential Information provided is confidential, that it will hold and treat it in the strictest confidence, and that it will not disclose or permit anyone else to disclose the Confidential Information to any person, firm, or entity without prior authorization of Owner or Broker, except that the Confidential Information may be disclosed as needed to evaluate the potential purchase of the Property to the undersigned's partners, employees, consultants, legal counsel, accountants, auditors, advisors, investors, and lenders, or as required pursuant to court order or applicable law. The undersigned shall be responsible for any unauthorized disclosure or misuse of the Confidential Information by any party receiving such information from or through the undersigned.
The undersigned further agrees that it shall not use Confidential Information to circumvent, bypass, interfere with, or attempt to exclude Broker or Owner from any transaction involving the Property. The undersigned shall not market or shop the Property to other prospective buyers, investors, brokers, or operators not affiliated with the undersigned's evaluation team without prior written authorization from Broker.
This is not an agreement to sell the Property, nor an offer of sale. No agreement binding upon Owner, Broker, or any associated or affiliated party shall be deemed to exist, at law or equity, until Owner enters into a formal written purchase agreement. Owner expressly reserves the right, in its sole discretion, to reject any or all proposals or expressions of interest in the Property, terminate discussions with any party at any time with or without notice, modify the sale process, or withdraw the Property from the market.
The undersigned acknowledges that unauthorized disclosure, misuse, or circumvention may cause harm to Owner and Broker, and that Owner and Broker shall be entitled to pursue available remedies, including injunctive relief, damages, attorneys' fees, and costs. This Confidentiality Statement shall be governed by the laws of the State of Nebraska and shall remain in effect for two years from the date signed below.
