FICTIONAL DOCUMENT-REVIEW EXERCISE — NOT AN AUTHENTIC RECORD All people, organizations, identifiers, legal conclusions, clinical parameters, and events are invented for text retrieval practice. Do not use as professional advice, an authoritative standard, a real filing, or an operational instruction. RECORD 3: ACQUISITION AUDIT MEMORANDUM & RENT ROLL RECONCILIATION PREPARED FOR: HORIZON CAPITAL REAL ESTATE FUND IV SUBJECT: WESTLAKE RETAIL PLAZA DUE DILIGENCE AUDIT REPORT (CONFIDENTIAL) DATE: AUGUST 14, 2026 ================================================================================ EXECUTIVE SUMMARY OF ACQUISITION DUE DILIGENCE FINDINGS 1. CAM Reconciliation Discrepancy & Uncapped Pass-Throughs Our audit of the 2024 and 2025 CAM reconciliation statements disclosed that the seller (Westlake Retail Investors LP) billed Apex Entertainment (Suite 100) $48,200 for a rooftop chiller compressor replacement. Under Section 4.3 of the Anchor Lease, capital HVAC repairs exceeding $10,000 require 30-day prior written concurrence, which was never requested or granted. Apex Entertainment has formally disputed this charge and threatened a $62,400 CAM escrow withholding. 2. Cumulative vs. Non-Cumulative Controllable Cap Mismatch The seller’s asset management model incorrectly applied a uniform 5% non-cumulative controllable cap across all leases. However, Apex Entertainment's lease specifies a 4.0% cumulative, compounded cap linked to the 2020 Base Year ($312,400). Due to rapid inflation in local security and cleaning contracts in 2023, the cumulative cap understates recoverable CAM by $37,800 over the past 24 months. 3. Co-Tenancy Abatement Risk Northgate Supermarket (Anchor Suite 200, 48,000 sq ft) has ceased 24-hour operations and dark-store sublease discussions are under review. If Northgate darkens for more than 45 days, Apex Entertainment's co-tenancy clause (Section 11.2) triggers a right to cease paying $42,500/month in base rent and switch to 2% gross sales (estimated at only $14,200/month), creating a 66% net income impairment on Suite 100. 4. Exclusive Use Conflict A proposed lease with Artisan Bakery & Roastery (Suite 130) granting a 25% specialty tea and cold-brew coffee menu line violates Section 8.2 of the Harbor Coffee Roasters lease, exposing the buyer to an automatic 50% base rent abatement ($3,800/month) upon opening.