Confidentiality Agreement Broker and Principal

Confidentiality Agreement – Broker and Principal o c SVN / Team Southwest (SVN/TSW) and SVN/Fortune Real Estate (SVN/FRE) represents the Seller, Sierra Vista . Growers, LLC, as Exclusive Listing Agent for the property and business located in Dona Ana County, NM. n v

Upon execution of this Agreement, a confidential information package will be provided to Broker and Principal, solely s . for Broker and Principal’s use in determining whether Broker and Principal has an interest in the Property. Broker and Principal agree that the confidential information package and any other written materials or oral communications relating w

to the Property (collectively the “Information”) that have been or may be in the future be furnished to Broker and w Principal by SVN/TSW & SVN/FRE, Seller, or any agent representative therefore, will be confidential as set forth w below.

Broker and Principal agree that the Information will not be used other than in furtherance of the purposes described above, and that the Information will be kept confidential and will be disclosed only to those persons, agents, representatives or employees of Broker and Principal who have a need to know such Information and who are advised of the confidential nature therefore, except as otherwise required by law. The term “Information,” as used herein does not include information that is generally available to the public through independent sources. Broker and Principal agree that they will not disclose to third parties the substance of any discussions or negotiations which might occur concerning the Property, the result of any investigation relating to the Property, or the terms, conditions, or other aspects on any proposed transaction involving the Property. Broker and Principal will not reproduce the Information in whole or in part and will not distribute all or any portion of such Information furnished to them, without retaining copies of all or any part thereof.

The Information was furnished by Seller and other sources deemed reliable. It contains selected information pertaining to the Property and does not purport to contain all of the information that a prospective purchaser may desire. Interested parties should conduct their own investigation and analysis. Although every effort has been made to provide accurate and complete information, neither SVN/TSW nor SVN/FRE, nor Seller, makes any representations or warranties, express or implied from the Information or its contents. No legal obligations shall arise by reason of the distribution of the Information or its contents. Broker and Principal hereby release and discharge any and all claims it may have against SVN/TSW & SVN/FRE or Seller, arising out of the delivery of the information to Broker and Principal or any inaccuracy of the information. Further, Broker and Principal hereby agree to indemnify and hold SVN/TSW or SVN/FRE or Seller harmless from any and all claims arising out of the delivery to Broker and Principal of the Information. Broker and Principal agrees that if either Broker, Principal, its agents, representatives, or employees commits a breach of any of the provisions of this Agreement, Seller shall have the right and remedy to institute proceedings to obtain immediate and injunctive relief for any breach or threatened breach which may caused irreparable injury to Seller and its affiliates and that money damages will not provide an adequate remedy to Seller and its affiliates. Further, nothing herein shall be construed to limit any other remedy available to Seller.

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New Mexico. Please indicate your acknowledgement of and agreement to the foregoing terms by signing and retuning one copy of this agreement to SVN/TSW and SVN/FRE via facsimile at (800) 425-5723.

Agreed Address Broker: Street:

Company: City/State/Zip:

By/Title: Phone:

Date: Fax:

Agreed Address Principal: Street:

Company: City/State/Zip:

By/Title: Phone:

Date: Fax:

Sperry Van Ness /Team Southwest 6565 Americas Parkway NE, Ste 200 Albuquerque, NM 87110 Phone (505) 998-1031 Fax (800) 425-5723 Independently Owned and Operated