SUBJECT PROPERTY: McDonald's located at 1751 Madison Ave., Council Bluffs, IA 51503

This Confidentiality Agreement ("Agreement") is entered into by and between Brandon Hakimi of Namdar Realty Group ("Disclosing Party") as the exclusive representative of the Owner of the Subject Property (“Property”) and ("Receiving Party").

Receiving Party has requested information from Disclosing Party for the purpose of evaluating a possible acquisition of the Property. Owner has instructed Disclosing Party to deliver information concerning the Property, much of which is highly confidential, only to those Receiving Parties who sign this Agreement.

  1. Receiving Party will not disclose, permit the disclosure of, release, disseminate or transfer, any information obtained hereunder (“Information”) to any other person or entity.
  2. If Receiving Party is a corporation, partnership, limited liability company or other non-natural legal entity, the person(s) signing this Agreement on its behalf will take all appropriate precautions to limit the dissemination of the Information only to those persons within the entity who have need to know of the information, and who are specifically aware of the Agreement and agree to honor it.
  3. This Agreement applies to all Information received from Disclosing Party, now or in the future, which is not readily available to the general public. Receiving Party understands that all information shall be deemed confidential, valuable and proprietary such that its unauthorized disclosure, even without intent to harm, could cause substantial and irreparable harm to Owner and Disclosing Party.
  4. All information shall be used for the sole purpose of evaluating the potential acquisition of the Property, and it shall not at any time, or in any manner, be used for any other purpose.
  5. Receiving Party shall not contact directly any persons concerning the Property, other than Disclosing Party, without Disclosing Party’s or Owner’s written permission. Such persons include, without limitation, Owner’s employees, suppliers and tenants.
  6. Neither Disclosing Party nor Owner make any representations or warranty, express or implied, as to the accuracy or completeness of any information provided by them. Receiving Party assumes full and complete responsibility for the reconfirmation and verification of all Information received and expressly waives all rights of recourse against Owner and Disclosing Party with respect to the same.
  7. The Person signing on behalf of Receiving Party represent that they have the authority to bind the party for whom they sign.
  8. This Agreement shall be governed and construed in accordance with the laws of the State in which the property is located in.
  9. Receiving Party agrees to indemnify, defend, protect and hold harmless Disclosing Party and Owner against and from any loss, liability or expense, claim or damage, including reasonable attorneys' fees, arising out of any claim or claims by any Disclosing Party, finder or similar agent for commissions, fees or other compensation for bringing about any investment in the Property.
  10. Non-Circumvention - Potential Purchaser shall use the Confidential Information solely for the purpose of evaluating, negotiating and implementing a Proposed Transaction and for no other purpose whatsoever. Potential Purchaser agrees that any and all inquiries regarding a Proposed Transaction shall be submitted to Disclosing Party and that Receiving Party shall not communicate with or contact (or attempt to communicate with or contact) (a) Seller or any of its respective officers, directors, employees, agents, Affiliates, representatives, servicers or attorneys, (b) any borrower, guarantor, obligor, debtor or pledgor under any Loan, any of their respective officers, directors, employees, agents, representatives, Affiliates or attorneys, or (c) any tenant of a mortgaged property or their respective officers, directors, employees, agents, representatives, Affiliates or attorneys, without the prior written consent of Disclosing Party, which consent may be granted or withheld in Disclosing Party’s sole and absolute discretion. If and when it becomes appropriate for Potential Purchaser to conduct due diligence or otherwise communicate directly with Seller, Disclosing Party shall provide Receiving Party with the name and contact information of Seller’s designated Representative.

Please signify your acceptance and approval of this Agreement by executing where indicated below.

Receiving Party


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Signature Certificate
Document name: McDonald's
lock iconUnique Document ID: 53d96b42d14147eead1ebd247cc2de6811769caa
Timestamp Audit
2016-06-08 16:21:07 EDTMcDonald's Uploaded by Brandon Hakimi - IP