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Welcome to
                                                                                                            Real Estate Perspectives
       3305 Northland Drive, Suite 301
               Austin, TX 78731
   Phone: (512) 459-7100 Fax: (512) 451-4008
        info@cummingsbaccus.com




                                                                                        w
              Ross M. Cummings
                   General Partner
             rmc@cummingsbaccus.com
                                                                                              hen I joined Cummings-Baccus it was obvious to me
               PH: 512-459-7100 Ext 101                                                       that they were a dynamic real estate investment
                                                            Daniel T. Cooper                  company. Cummings Baccus has a tremendous track
              M. Buckner Baccus                             Partner & Editor
                 General Partner                                                              record over the past ten plus years, acquiring over four
            mbb@cummingsbaccus.com                          million square feet of commercial real estate.
             PH: 512-459-7100 Ext 102

                      Jay Legg                              Much of the company's success has come with little fanfare. That's been by design. It has
                       Partner                              always been the practice of the founding principals, Ross Cummings and M. Buckner
             jnl@cummingsbaccus.com
                                                            Baccus, to let their actions speak louder than their words.
               PH: 512-459-7100 Ext 103

                Daniel T. Cooper                            In its quiet yet extremely effective way, Cummings-Baccus has established a powerful
                       Partner                              presence in the commercial real estate arena, especially in the Southwest United States.
             dtc@cummingsbaccus.com
               PH: 512-459-7100 Ext 104                     We focus on larger deals with unconventional components — deals that institutional
                                                            buyers perceive as too risky and private investors find too large. Our success is the result
                Linda Henderson
                Office Administrator                        of a strong philosophy complemented by excellent execution.
             lch@cummingsbaccus.com
               PH: 512-459-7100 Ext 100                     Over the past year, I have been working on finding new ways to tell the Cummings-
               Andrew Chasteen                              Baccus story — from our Web site at www.cummingsbaccus.com to press releases and
                Systems Administrator                       now this publication.
             ajc@cummingsbaccus.com
               PH: 512-459-7100 Ext 106                     Our success is fueled as well by affiliations with top-notch talent and industry-leading
                                                            companies. Many of these companies are featured throughout this magazine. Should you
                                                            need any of the services they provide — whether equity, title, legal, brokerage or
                                                            insurance services — these companies come highly recommended.

                                                            The future looks ever brighter for Cummings-Baccus. We are poised to acquire more than
                                                            $250 million in real estate, and we look forward to a great year. It's a story everyone at
                                                            Cummings-Baccus is proud to share with you.

                                                            Sincerely,



                                                            Daniel T. Cooper


    About the cover…
    Unisource Energy Tower:
    232,000 sf, class “A” office in the
    CBD of Tucson Arizona.
                                                             In this Edition…
                                                                                                            Big Opportunities do Come
                                                              Vision of Value . . . . . . . . . . . .   4   in Smaller Markets . . . . . .   23
                                                              Electricity Deregulation                      Commercial Lenders
                                                              and Commercial Real                           are Still Playing, But the
Real Estate Perspectives is published by QuestCorp
                                                                                                   9
                                                              Estate in Texas . . . . . . . . . . . .       Rules are Changing . . . . . .   29
Publishing Group, Inc., 17822 Davenport Rd, Ste B,
                                                              Oil Industry Graces
Dallas, TX 75252. Phone 972.447.0910 or 888.860.2442, Fax
972.447.0911. QuestCorp specializes in publishing cor-
porate magazines for businesses.
                                                              Many of Artist's Works . . .        16
                                                                      www.cummingsbaccus.com                                                           3
CUMMINGS-BACCUS




                   VISION
                   of VALUE
                   Propels Cummings-Baccus Into Its Second Decade




C             hange is never easy for
              any business. But remaining
              true to a firm's founding
              values can be even harder.
              While      the     last

              Cummings-Baccus Interests,
              the real estate investment
                                         decade
              delivered plenty of change at


              company's entrepreneurial spirit
and dedication to value are as solid as ever.

Ten years ago, Cummings-Baccus' creators
could only dream of the commanding size,
purchasing power, geographic focus and wide
access to capital the company enjoys today.
Since those early days, Cummings-Baccus
                                                   Baccus. quot;We have the luxury of
                                                   operating within a broad range of
                                                   market opportunities.quot;

                                                   A recent acquisition in Midland,
                                                   Texas, sharpens the distinction
                                                   between Cummings-Baccus and
                                                   other competitors. In most cases,
                                                   acquiring 600,000 square feet of office space
                                                   would only be an institutional play. But the
                                                   smaller Midland market is unlikely to meet
                                                   the requirements of many institutional
                                                   investors. Cummings-Baccus, however,
                                                   combined its financial power and investment
                                                   freedom, to add 600,000 square feet of class A
                                                   Midland office property to its portfolio.
                                                                                                                          Co-founder Ross Cummings
                                                                                                    Cummings-Baccus may have another edge in
                                                                                                    uncertain financial times: the energy industry.
                                                                                                    The industry tends to do well during a
                                                                                                    troubled economy, and Cummings-Baccus
                                                                                                    has a high number of energy-related tenants in
                                                                                                    markets from Houston to Tulsa. That gives
                                                                                                    property revenues a soothing shot of stability.

has acquired 45 commercial real estate
properties with more than 4 million square
feet of space in 29 markets.                       A free range and entrepreneurial energy would
Despite the successful transformation,
                                                   mean little without capital. Cummings-Baccus'
yesterday's management would still be right at     smart sense and sterling investment record
home with today's consistent investment
philosophy: Find, acquire and create value.        have kept capital flowing and growing.
Since its inception in 1992, Cummings-             A free range and entrepreneurial energy          When the economy does come roaring back,
Baccus has focused on buying and operating         would mean little without capital. Cummings-     Cummings-Baccus is ready to ride it to even
office buildings across the Southwest. The         Baccus' smart sense and sterling investment      greater heights. Management wants to do four
formula may seem familiar to anyone who            record have kept capital flowing and growing.    times as much business in the next five years
knows publicly-traded real estate investment       quot;We have very strong long-term capital           as Cummings-Baccus delivered in its first
trusts (REITs) or large institutional investors.   relationships that give us the ability to move   decade. To make that happen, the real estate
But a unique twist to the old equation sets        quickly and take on market risk,quot; Cummings       investment firm is targeting five major
Cummings-Baccus apart: The privately held          says. Cummings-Baccus has equity                 Southwest markets, with particular emphasis
real estate investment firm combines the           relationships that stretch back to the           on the office sector. The vigorous campaign
buying power of an institutional player with       company's beginning.                             will put Cummings-Baccus in even more
the flexibility of an agile entrepreneur.                                                           competition with the REITs, particularly for
                                                   With the economy cooling, another capital        class A and class B office properties.
Cummings-Baccus has the financial capacity         source, the debt market is retrenching.
to handle properties requiring institutional       Lenders with newly conservative approaches       Despite all the promised change, one constant
size, with most of its investments ranging         may be steering clear of particular market       will likely remain. quot;Whether we're buying a
from $5 million to $50 million. What sets it       sectors or sizes to protect themselves.          vacant retail center in Austin or a class A
apart from institutional competitors, is a sharp                                                    office building in Tucson,quot; Cummings
eye for overlooked value and a willingness to      But tighter debt markets won't necessarily       concludes, quot;our philosophy will always be to
embrace investments that don't quite fit           slow Cummings-Baccus. quot;We're at our best         buy value.quot; x
institutional investors' more restrictive molds.   when there's a lack of liquidity,quot; Cummings
                                                   explains. quot;We're buying when nobody else
quot;We don't have a box,quot; says Ross M.                may be.quot;
Cummings, General Partner at Cummings-

4                                                            www.cummingsbaccus.com
Electricity Deregulation and
Commercial Real Estate in Texas                                                                                 Pat Ennis, Priority Power Management




I
        ntroduction                                consist of three segments. The first will
                                                   be an unregulated or competitive generation
                                                                                                    companies. It is recommended that when
                                                                                                    accessing the benefits of this type aggregation,
        Beginning       January     1,   2002
                                                   segment that may sometimes be referred to        the building owner understands that the
        competitive forces will be introduced
                                                   as the GenCo. Next, a regulated segment          aggregator will be joining similar loads
        into the Texas retail electricity
                                                   will exist to handle the transmission and        together and not loads that have differing
        market. Then Governor George Bush
                                                   distribution of the electric power. The          time-power profiles or requirements. The most
        signed Texas Senate Bill 7 (SB7) into
                                                   nickname for this portion of the new model is    important benefit of this type of aggregation
        law launching a competitive market
                                                   the WiresCo. The last segment of the new         is allowing power customers to go the
        in June 1999. SB7 begins a process of
                                                   model is the unregulated Retail Electric         negotiating table with much larger loads than
        unbundling or separating the utilities’    Provider or REP. While each segment could
        functions into three distinct areas -                                                       they would have had if they had gone it alone.
                                                   be an entirely new, independent entity, many     Wal-Mart has been able to demand the best
generation, transmission and distribution          will be subsidiaries or affiliates under a
and REPs (Retail Electric Providers). SB7                                                           prices from its vendors because they purchase
                                                   corporate umbrella.                              in large quantities using their buying leverage.
will bring profound changes in the way
                                                                                                    This will hold true when buying power. The
we purchase power for commercial and               Load Aggregation                                 larger you are, the better prices, terms,
residential uses. Deregulation will bring          Building owners with numerous accounts
choice. This choice brings added responsibility,                                                    conditions and levels of customer service you
                                                   with loads less than 1000 kW will need to
which lies flatly on the shoulders of the                                                           will command from the REP’s.
                                                   assess and possibly access the benefits of
owners of real estate.                             aggregation. Two types of aggregation are
                                                   possible. The first type of aggregation is to
New Industry Structure                             bring together all the power loads within a
The utility company model that has existed up      specific company and present these individual
to this point has been a vertically integrated     loads to a REP as one load. These can be loads
one. That is one company was responsible for       from numerous utilities.
the generation, transmission, distribution and
retail sales of the electricity used by its        The second form of aggregation is for building
customers. Under SB7 rules, this model will        owners to join a purchasing cooperative or
be “de-integrated”. The new model will             combine their loads with loads from other
                                                             www.cummingsbaccus.com                                                               9
between 40%-60% 4) accounts with load factors greater than 60% and
                                                                              5) accounts that have IDRs (Interval Data Recorders).

                                                                              Regardless of how a customer actually uses power, the customer will be
                                                                              “deemed” to have used power in the forced profile pattern they have
                                                                              been assigned to. Improving your load shape or load factor through
                                                                              various techniques will not necessarily translate into immediate power
                                                                              cost reductions. The change in profile assignment must be submitted by
                                                                              the TDSP and then the account profile must be updated by ERCOT-ISO.

                                                                              Demand Side Management
                                                                              During the 1980’s and 1990’s many utility companies spent millions of
                                                                              dollars on various Demand Side Management (DSM) Programs, with
                                                                              less than stellar results. These mandated programs used regulatory push
                                                                              to encourage the consumer to use energy wisely. Wise use consisted of
                                                                              consumers using less energy or shifting their usage to off-peak periods.
                                                                              Now with rising oil and gas prices and market pull (i.e. deregulation)
                                                                              interest in conservation and energy management is back. Pulled by
                                                                              choice of supplier, time-of-use pricing and real time price volatility,
                                                                              customers will work to develop power cost reduction strategies.

                                                                              Conclusion
                                                                              Electric industry restructuring promises both opportunities and challenges.
                                                                              Those building owners and companies that develop the best strategies and
The Pioneer; 102,295 sf, class “B” CBS, Tucson Arizona                        anticipate market trends and changes will be the big winners. x

Load Profiling/Load Factor                                                       Pat Ennis of Priority Power may be reached at patennis@prioritypower.net
                                                                                                             or 915-620-9100.
When pricing power REPs focus on two issues – load factor and load
profile. Load factor is the relationship between the size of the electric
power demand and the number of hours that load operates. Power is
measured using kilowatts (kW) or demand and kilowatt-hours (kWh) or
energy. Demand is a function of how much power is required by a
customer at one time, or how fast the customer was using power (i.e.
speedometer). Energy, or kWh, is a function of how much power was
used over a specified period of time or billing period (i.e. odometer). A
quot;goodquot; load factor indicates that the customer used power steadily
without great swings between maximum and minimum demand. A
quot;badquot; load factor is indicative of significant swings in demand.

Load profiling is a representation of a customer's energy usage, showing
the demand variation on an hourly or sub-hourly basis. For example, a
typical office building has a “top hat” or bell shape profile during the
summer months. The office load, which is weather and time sensitive,
increases steadily throughout the day reaching a peak in the late afternoon
then decreasing to a minimum in the late night and early morning hours.

The ERCOT retail market requires a fifteen (15) minute settlement
interval, yet the vast majority of customers do not have the metering
necessary to measure their consumption at this level. Because the actual
load shape for customer without special metering is unknown a guess
has to be made in order to settle the bill. That guess is the “deemed”
load shape or “force fit profile”, established by ERCOT-ISO
(Independent System Operator).

Based on the load factor of the particular account, the TDSP shall be
responsible for assigning each electric account with standard kW and
watt-hour metering for a “force-fit generic profile”. The profile
assignment is based on the accounts past 12-month usage data (load
factor) that is “deemed” to represent a customer’s usage pattern. There
are basically five assignments: 1) non-demand metered accounts 2)
accounts with a load factor less than 40% 3) accounts with load factors

10                                                            www.cummingsbaccus.com
3305 Northland Drive, Suite 301
         Austin, Texas 78731
Tel (512) 459-7100 Fax (512) 451-4008
     info@cummingsbaccus.com
  www.cummingsbaccus.com
Oil Industry
           Graces Many of
            Artist's Works                                     By Georgia Temple Entertainment Editor




S
             ymbols of American enterprise          refreshments. The building was purchased
             appeal to artist Richard Jennings.     and remodeled by Cummings-Baccus
             A commercial architect, who            Interests, an Austin-based partnership
             spent 25 years designing high-         organized in 1992 to invest in commercial real
             rise office buildings and eight of     estate. The artist was commissioned by the
             those years teaching in the            new owners to create a piece of art for the
             School of Architecture at Rice         building that would be unveiled at an opening
             University, has spent most of his      reception.
             life painting. The subject that
             most often graces his canvas is        quot;We decided we wanted to have some artwork
one close to the hearts of many West Texans -       that was representative of Midland, and I
the oil industry.                                   started looking around,quot; said Dan Cooper,
                                                    partner of acquisitions and dispositions (who
quot;I've always been fascinated by it - the            more importantly perhaps in this case has a         quot;1 think a lot of people are going to be really
geometry of the rigs, the equipment, the            minor in art). quot;It just so happens that one of      excited by the way he's glorified the oil and
engineering of it,quot; Jennings said in a              my partners, Ross Cummings, has a painting          gas industry,quot; said Cooper. quot;His works are
telephone interview from his home and studio        by Richard Jennings. And it's of a pump jack.       vibrant, colorful, full of life.quot;
in Austin. quot;I guess some artists are attracted to   And he said, 'What about Richard Jennings?'         A native of Roswell, N.M., Jennings first
flowers, but to me it's always been some of                                                             learned to paint from his mother. quot;My mother
the industrial things we build in the world.        quot;I went over and met Richard and saw that he
                                                    had an arsenal of paintings- maybe 300              was an oil painter,quot; Jennings said. 'The way
Unlike some people, I don't find them to be a                                                           my mother taught me to paint was on white
blight on the landscape. I think they are more      different pieces that have the subject matter of
                                                    the Permian Basin. He's been painting               china plates. The drill would be, we (Jennings
evidence of a lot of enterprise.quot;                                                                       and his older sister) would paint landscapes
                                                    derricks and pump jacks and tanks for years. I
Jennings comes to Midland on Thursday for a         instinctively knew that he was the right            on china plates, and then she'd critique it, and
3:30 to 6 p.m. open house celebration for           person for the job.quot;                                we'd wipe it off, and paint it again. I must
Fasken Center that includes live music and                                                              have been 8, 9 and 10 years old.quot; They also
                                                    The idea of a piece commissioned for the            painted on white china platters, which
                                                    Center expanded into a showing of work by           Jennings , said, were quot;for the larger works.quot;
 © Midland Reporter-Telegram Reprinted with
                                                    the artist. Thus, the opening reception will        He laughed and added, quot;I was painting plates
 permission from Midland Reporter Telegram
                                                    feature a gallery exhibition of 40-50 pieces of     before it was fashionable. Wish I’d kept some
 Sunday, October 14, 2001 Section F 1&3
                                                    art by Jennings.                                    of them.quot;

16                                                            www.cummingsbaccus.com
Jennings spent some of his growing-up           “His studio was an hour drive from where I          may think that a lot of things man does is
time drawing. quot;Apparently, I liked to draw a    grew up. He was sort of a local hero. I used to     environmental disaster waiting to happen. It's
lot,quot; said Jennings, who studied architecture   go to the museum just about every weekend           always interesting to me to go see a working
at Texas Tech and holds a bachelor and          and look at his paintings that were on              rig, and after the well comes in and is
masters degree from the University of           display.quot;                                           pumping, the same mesquite and sage are
Houston and the University of Dallas.                                                               growing there. You can hardly tell there was a
                                                Not all of Jennings' work features the oil field,   rig there. It's a very complex operation that's
quot;Of course, in New Mexico, there wasn't         but the subject is a special passion of his.        done very efficiently.quot; x
much to do,quot; he remarked drily.
                                                quot;The whole Permian Basin exploration                 Richard Jennings may be reached at 512-327-1650
Exposure to artist Peter Hurd also had a        was a terrific enterprise,quot; said Jennings,                          or rjenn@msn.com
lasting effect on Jennings who as an adult      noting he finds the quot;nitty gritty work of
studied watercolor painting with Frank Webb     the oil businessquot; of particular interest. quot;A
and Tony van Hasselt.                           lot of people went out and risked everything
                                                they had for the chance to make good,
“Peter Hurd fascinated me,” Jennings said.      to make something of themselves in my day
“He knew my father, so I met him when I was     and I've always admired that.”
fairly young, and he was someone I
admired greatly.                                quot;I think a lot of people, artists in particular,

                                                          www.cummingsbaccus.com                                                                  17
18
BIG
                                                                                                                                 By Daniel T. Cooper


                                                  Opportunities do
                                                                Do
                                                  Come in Smaller Markets




A            lender I was speaking with
             recently had an interesting
             response to an inquiry about
             investing in a secondary market.

              quot;I cannot lend there because my
               hands are tied,quot; he confessed to
me, quot;but I will personally invest with you,
because it sounds like a great deal.quot;
                                                                                Pure Resources Building; 182,062 sf, class “A” CBD, Midland, Texas

                                                  That lender's response is one that comes up
                                                  again and again in commercial real estate
                                                  investment. When the question of investing in
                                                  secondary or tertiary markets is posed, the
                                                  answer for many real estate investment trusts
                                                  (REITs), large private investors and lenders is
                                                  often a firm quot;no.quot;

                                                  Why doesn’t everybody take advantage of the

                                                            www.cummingsbaccus.com
                                                                                                     big opportunities in smaller markets? The
                                                                                                     answer is simple: They can’t — thanks to
                                                                                                     thinking that keeps many investors locked
                                                                                                     within a self-imposed box.

                                                                                                     Those boxes can limit investors in several
                                                                                                     ways. For example, they may decide that real
                                                                                                     estate investments must be in cities with large
                                                                                                     metropolitan areas. Larger players are often

                                                                                                                                                     23
We've all heard the old adage,
“Location, location, location.”
But the last time I checked,
the true purpose of real estate
investment hasn't changed:
quot;Return, return, return.”
searching for safety in numbers, whether in the 24-hour city
or in cities that hit the top-10 lists for highest rents and
absorption rates. Most, if not all, funds stay within those
boxes. Consequently, they have redlined almost all secondary
markets.

Thinking Beyond the Redlines
I believe much of what is presented in the media and in
economic forecasts is yesterday’s news. You're almost
guaranteed to find yourself behind the investment curve if
you listen to popular media. Instead, you must do your own
research and evaluate every deal on its own merits. Those
include location, employment growth, demographic trends
and condition; but most importantly, they include net
operating income.

There are always trade-offs in any deal, and weighing an
investment in a smaller market against one in a big market is
no exception. By their very nature, secondary cities usually
lack diversification and a large workforce. Consequently, they
do not grow as quickly as cities such as Los Angeles, Boston,
New York or San Francisco. But smart investors must also
read between the lines. One of the primary reasons Wells Fargo Building; 205,000 sf, Lubbock Texas
institutional buyers don't invest in smaller markets isn't a lack
of potential — it's economies of scale. It's often not efficient
for them to hold less than a few million square feet in a marketplace, so
by default they pass over potentially great returns.

Tertiary markets, too, have benefits that the Big 20 don't have. A
commonly overlooked aspect of the smaller market is the lack of new
construction. Many of these cities are stable and have slower growth,
which translates into a market with a leaning toward demand. Quite
frequently, you will see a few trophy properties in a market with little or
no competition; although the demand does not justify development, it
does allow for incremental rent increases.

The key ingredient to seizing these opportunities is capital, namely debt.
Much like the REITs, the large lenders will not lend money in these
smaller markets. As a result, many of the capable players who depend
on Wall Street money remove themselves from the investment game.
This situation opens a big opportunity for us and for other buyers who
have the freedom to work with local and regional banks.

Although there is a move by larger manufacturing and distribution firms
to settle in more efficient hubs, there are many mid-sized companies that
are seeking more affordable environments with lower costs of living and
less expensive workforces. For those companies, a well-positioned
smaller city can be a winning choice. Secondary markets offer a lower
price per square foot, controlled growth and a lack of competition.
When combined, those factors translate into higher returns.

We've all heard the old adage, “Location, location, location.” But the
last time I checked, the true purpose of real estate investment hasn't
changed: quot;Return, return, return.” Look outside the self-imposed boxes,
and you'll see secondary markets are a great way to achieve that
purpose. x
24                                                            www.cummingsbaccus.com
Commercial
                                                                                                                                        by Chad Harwood




LENDERS                                                                  are Still Playing,
                                                                         But the Rules are Changing



                                                                         I       n the financial arena, 2001 started turbulently. The Dow Jones
                                                                                 industrial average and NASDAQ plummeted, dot-coms vanished as
                                                                                 quickly as they once appeared, and layoff and unemployment
                                                                                 percentages rose to heights unseen in years.

                                                                                 Yet despite the general bad news, commercial real estate financing
                                                                                 faces good news: Treasuries and spreads are down, and an ample
                                                                                 supply of capital exists in the debt market. Financing opportunities
                                                                                 are plentiful for commercial real estate owners in search of capital.

                                                                         However, the commercial real estate finance market will continue to
                                                                         experience significant changes going forward, and several key trends will
                                                                         affect the industry in the near future.

                                                                         For example, consolidation among lenders significantly increased in 2000 and
                                                                         will continue to increase this year. The result has left fewer players on the
                                                                         field; however, most remaining lenders are firmly committed to the
                                                                         commercial real estate market. And, consolidated lenders frequently can offer
                                                                         wider product lines to their customer bases and create economies of scale,
                                                                         which ideally will reduce the costs passed through to borrowers.

                                                                         Another key trend in this fluctuating economy is that underwriting criteria
                                                                         have become stricter, yet the rate environment has shifted to the borrowers'
                                                                         favor in the past few months. Rates for long-term financing are near an all-
                                                                         time low. At the end of May 1999, the yield on 10-year Treasuries - the
                                                                         primary index used for pricing long-term commercial loans -was
                                                                         approximately 5.7 percent compared with a yield of nearly 6.4 percent at the
                                                                         end of May 2000, an increase of 78 basis points. By the end of first-quarter
                                                                         2001, the yield on 10-year Treasuries had declined about 135 basis points to
                                                                         around 5 percent, resulting in a lower cost for debt that will increase the net
                                                                         cash flow to property owners.

                                                                         Lenders continue to focus on bread-and-butter income-producing property
                                                                         types such as multifamily and office. As lending requirements become stricter,
                                                                         less stable property types, such as hospitality and unanchored retail, will
                                                                         experience more limited financing options.

                                                                         Most permanent lenders are still under-writing 80 percent loan-to-value ratios
                                                                         on solid property types, but more risky property types have considerably
                                                                         lower LTV constraints, which range from 60 percent to 70 percent.

                                                                         Additionally, dominant lenders will focus on the national market rather than
                                                                         specific regions. Borrowers increasingly will have opportunities to select
                                                                         lenders with the ability to follow borrowers from region to region. While this
                                                                         has long been the practice of Wall Street conduits, government-sponsored
                                                                         entities, and life insurance companies, many commercial banks are still forced
                                                                         to deny capital to borrowers in markets outside of their geographic lending
                                                                         areas, putting them at a disadvantage to the large national players.

                                                                         The Players
                                                                         Despite uncertainty and volatility in the capital markets, most industry lenders
                                           Twin Tower, Faskem Center,    remain steadfast in their commitment to commercial real estate. Five main
                                                421,546 sf, class “A”,   types of lenders serve the industry: commercial banks and savings
                                                       Midland, Texas
                                                                         associations, life insurance companies, pension funds, Wall Street commercial
© CCIM Institute Reprinted with permission from Commercial Investment Real
Estate, Vol XX, No. 4, pp 34-36
                                                                  www.cummingsbaccus.com                                                             29
mortgage-backed securities issuers, and             commercial real estate finance during the            bond investments.quot;
government sponsored entities.                      remainder of 2001.
                                                                                                         Still, the CMBS arena is not without its
Commercial Banks                                    Pension Funds                                        concerns. quot;Disciplined originations are now
and Savings Associations                            Many funds are increasing their mortgage             the name of the game,quot; Grabell says. quot;CMBS
Commercial banks held $610 billion in               investing, but they are participating mainly on      investors are more selective, which is forcing
outstanding loans, or 39.3 percent of the           the equity side. Pension funds control less than     originators to be selective in the loans that are
institutional debt market, as of September          3 percent of commercial real estate debt in the      originated. If real estate weakens, the
2000, compared with $518.5 billion in fourth-       United States. The pension funds' primary debt       borrower's credit becomes more of an issue.
quarter 1999, according to the Lend Lease Real      activity will be in CMBS as they become more         However, there are certainly no signs of a mass
Estate Investments Emerging Trends 2000             mainstream, fixed-income investments.                exodus from the CMBS market.quot;
report. Savings associations held $139.8 billion
in mortgage assets, or 9 percent of the             While pension funds are expected to be               With declining overall interest rates, demand
institutional debt market. Combined, these two      somewhat active in the debt market, most             for adjustable-rate mortgages has subsided
institutional categories hold nearly half of all    borrowers will have more access to other debt        from the first two quarters of 2000. For now,
outstanding U .S. commercial real estate debt.      providers such as the conduits.                      GMBS issuers should continue to be the most
                                                                                                         competitive on permanent, fixed-rate debt.
In late March, the Federal Reserve Board            Wall Street CMBS Issuers
released a supplemental survey on bank              Wall Street conduits held about 14 percent of        Government-Sponsored Entities
lending practices. The survey polled 54 large       total outstanding commercial real estate debt as     The Federal National Mortgage Association,
domestic commercial banks and 22 U.S.               of mid-September 2000. However, CMBS                 known as Fannie Mae, the Federal Home
based branches of foreign banks. The results        issuance has strengthened so far in 2001.            Mortgage Corp., or Freddie Mac, and the
indicate that half of the domestic banks            Through mid-April, issuances were up 33              Federal Housing Administration often are
reported slightly stricter lending standards to     percent to $13.6 billion from $12.1 billion in       considered to be the premier lending sources
commercial loan applicants. Further, no banks       first quarter 2000.                                  for quality multifamily properties.
reported that they had eased lending standards
during the first two months of 2001. Better
than 50 percent of the domestic banks indicated
                                                    Supply and demand should continue to keep
that a less favorable economic outlook was an       property segments in most markets in check, and a
important factor in tightening lending terms.
                                                    severe downturn or massive overbuilding is unlikely.
If the banks' actions earlier this year are any
indication, commercial real estate borrowers        CMBS issuance volume totaled $60.9 billion           Rates generally are higher than those of GMBS
can expect banks to continue to tighten their       in 2000 compared with $67.9 billion in 1999          and commercial banks for long-term loans.
                                                    and $78.3 billion in 1998. As a result of            Fannie Mae and Freddie Mac both offer LTVs
underwriting criteria and loan terms if the                                                              up to 80 percent with terms as far out as 30
economy continues to stall.                         declining originations, no single conduit has
                                                                                                         years.
                                                    enough product to bring to market, and many
However, prospects for financial institutions in    conduits will continue to pool loans. Thus, if       Fannie Mae's delegated underwriting and
general remain strong, according to Lary B.         CMBS demand outpaces the supply that                 servicing (DUS) program has been a successful
Cowart, Chair of Real Estate Studies at             investment banks can bring to the market,            origination program. However, only 25 lenders
Morehead State University in Morehead, Ky.          investors arguably would drive spreads down,         in the nation are approved DUS lenders. Fannie
quot;With the decline in interest rates, new            resulting in lower overall rates.                    Mae is the largest investor in the multifamily
originations at the financial institutions will                                                          sector with more than $55 billion in
definitely be generated, but because of             A number of CMBS offerings in the market
                                                                                                         investments compared with Freddie Mac's $25
prepayment penalties, it will not come at the       were scheduled to close by the end of second-
                                                                                                         billion. Both programs have a national
expense of the banks' existing portfolios,quot; he      quarter 2001. Depending on how the issuance
                                                                                                         presence, offer competitive terms, and always
explains.                                           is received, borrowers can expect lenders to
                                                                                                         are in the market, meaning they do not exit at
                                                    adjust their underwriting criteria accordingly.
                                                                                                         the first sign of trouble. The downside is that
Life Insurance Companies                            For instance, should the issuances be well
                                                                                                         these government-sponsored programs are
Despite maintaining an important market             received by the market, borrowers will see an
                                                                                                         strictly for multifamily properties.
position, 13.7 percent of total debt, life          easing of spreads, while the opposite could
companies are trending toward less real estate      hold true as well.                                   Looking Ahead
ownership but continue to be active mortgage                                                             Most lenders view the balance of 2001
investors. They still focus primarily on higher-    Peter Graben, senior vice president of Mill
                                                                                                         with cautious optimism. The Fed's multiple
end properties, and commercial real estate          Valley, Ca1if.-based conduit Bridger
                                                                                                         reduction in interest rates has spurred
borrowers can expect life companies to remain       Commercial Funding, remains bullish on the
                                                                                                         new interest in refinancing. Underwriting
in the market with rates at their current levels.   CMBS market. quot;The rate environment has
                                                                                                         fundamentals remain relatively strong, and the
                                                    been very favorable for the past three or four
                                                                                                         influence of the public market intends to keep
Life companies will continue to be more             months, and CMBS spreads remain stable as
                                                                                                         it that way.
conservative than other types of traditional        wellquot; Graben comments. quot;Spreads are
lenders, often maxing out at a 75 percent LTV;      widening slightly because of the amount of           Supply and demand should continue to keep
however, life company players still may offer       product coming to market, but there is clearly       property segments in most markets in check,
better rates than the conduits. Borrowers can       still an appetite for the CMBS product because       and a severe downturn or massive overbuilding
expect to see life companies very active with       it is a very attractive alternative to traditional   is unlikely.

30                                                            www.cummingsbaccus.com
The capital markets are watching over lenders' shoulders; therefore,
most lenders are driven to make prudent real estate loans that will be
well received in the public markets. With few exceptions, borrowers
likely can expect underwriting criteria to become more rigid if the
economy continues to slow.

The future of commercial real estate financing for the remainder of 2001
is positive. quot;The volatility of the stock market should increase the flow
of funds, on both the debt and equity side, to the more stable real estate
sector,quot; Cowart says. quot;The recent decline in interest rates has lowered the
required rate of return on the debt side, but probably will not result in a
decline in overall cap rates.”

quot;Consequently, yields to the equity side of the equation should increase
to balance the math. Of course, this additional equity yield is not a
windfall; it is simply just compensation for the additional risk that real
estate equity is now facing with the prospects of a slower economy. For
now, real estate appears to be the safer harbor.quot;

Lending within the commercial real estate industry is changing. While
the real estate market remains relatively strong, sound deals are harder to
come by for many lenders.

As a result, lenders are fighting over the same transactions, which
benefits the borrower. Both long-term and short-term money is cheap by
historical standards, and borrowers can still cash in on good financing
deals today. x




                                                                        The Resource Center (7026 Old Katy Road)


                                                                       TRANSWESTERN
Four Sugar Grove (4800 Sugar Grove) Woodlake Park (2500 Tanglewilde)




                                                                                   is pleased to support
                                                                          Cummings Baccus Interests
                                                                                                                         550 Westcott 720 N. Post Oak Road 5757 Woodway




                                                                                           and
                                                                            Real Estate Perspectives

                                                                              in recognition of our successful
                                                                                    Past & Present
                                                                                       Portfolio
                                                                             in Houston totalling in excess of
                                                                                 850,000 Square feet




                                                                                   www.transwestern.net

                                                                               713.270.7700
                                                                            Your Real Estate Partner of Choice

                                                                       The Lafayette Building (701 N. Post Oak Road)

                                                                                                                   www.cummingsbaccus.com                                 31
Navigating Clients Financial Needs



                     Savoy at             The Resource                     Unisource
                   Palmer Ranch              Center                       Energy Tower
                      Sarasota, FL          Houston, TX                      Touscon,AZ
                                                                             Tuscon, AZ
                         324 Units       280,000 SF - Office            230,000 SF - Office

                 $18,000,000             $15,100,000                    $20,655,000



                 Pasadena Office          Fasken Center                     Pebble Walk
                    Portfolio                Midland, TX                    Apartments
                     Pasadena, CA        600,000 SF - Office                 Houston, TX
                        264,795 SF       $16,640,000                            228 Units
                 $19,950,000                                              $5,100,000



                         Fairlake               HDC                        Basset Direct
                          Plaza                Facility                       Store
                       Houston, TX          Houston, TX                    Henderson, NV
                   86,000 SF - Retail   240,000 SF - Industrial          26,250 SF - Retail
                   $1,800,000             $9,645,000                      $3,300,000


                                                                            L. J. Melody & Company
                                                                                   A CB Richard Ellis Company

                                                                  5847 San Felipe • Suite 4400 • Houston, Texas 77057


                                                                                  Bernard Branca
                                                                                  (713) 787-1962
                                                                           bernard.branca@ljmelody.com

                                                                                     Wally Reid
                                                                                   (713) 787-1984
                                                                              wally.reid@ljmelody.com




3305 Northland Drive, Suite 301
       Austin, TX 78731

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Secondary Market Opportunities

  • 1.
  • 2. 2
  • 3. Welcome to Real Estate Perspectives 3305 Northland Drive, Suite 301 Austin, TX 78731 Phone: (512) 459-7100 Fax: (512) 451-4008 info@cummingsbaccus.com w Ross M. Cummings General Partner rmc@cummingsbaccus.com hen I joined Cummings-Baccus it was obvious to me PH: 512-459-7100 Ext 101 that they were a dynamic real estate investment Daniel T. Cooper company. Cummings Baccus has a tremendous track M. Buckner Baccus Partner & Editor General Partner record over the past ten plus years, acquiring over four mbb@cummingsbaccus.com million square feet of commercial real estate. PH: 512-459-7100 Ext 102 Jay Legg Much of the company's success has come with little fanfare. That's been by design. It has Partner always been the practice of the founding principals, Ross Cummings and M. Buckner jnl@cummingsbaccus.com Baccus, to let their actions speak louder than their words. PH: 512-459-7100 Ext 103 Daniel T. Cooper In its quiet yet extremely effective way, Cummings-Baccus has established a powerful Partner presence in the commercial real estate arena, especially in the Southwest United States. dtc@cummingsbaccus.com PH: 512-459-7100 Ext 104 We focus on larger deals with unconventional components — deals that institutional buyers perceive as too risky and private investors find too large. Our success is the result Linda Henderson Office Administrator of a strong philosophy complemented by excellent execution. lch@cummingsbaccus.com PH: 512-459-7100 Ext 100 Over the past year, I have been working on finding new ways to tell the Cummings- Andrew Chasteen Baccus story — from our Web site at www.cummingsbaccus.com to press releases and Systems Administrator now this publication. ajc@cummingsbaccus.com PH: 512-459-7100 Ext 106 Our success is fueled as well by affiliations with top-notch talent and industry-leading companies. Many of these companies are featured throughout this magazine. Should you need any of the services they provide — whether equity, title, legal, brokerage or insurance services — these companies come highly recommended. The future looks ever brighter for Cummings-Baccus. We are poised to acquire more than $250 million in real estate, and we look forward to a great year. It's a story everyone at Cummings-Baccus is proud to share with you. Sincerely, Daniel T. Cooper About the cover… Unisource Energy Tower: 232,000 sf, class “A” office in the CBD of Tucson Arizona. In this Edition… Big Opportunities do Come Vision of Value . . . . . . . . . . . . 4 in Smaller Markets . . . . . . 23 Electricity Deregulation Commercial Lenders and Commercial Real are Still Playing, But the Real Estate Perspectives is published by QuestCorp 9 Estate in Texas . . . . . . . . . . . . Rules are Changing . . . . . . 29 Publishing Group, Inc., 17822 Davenport Rd, Ste B, Oil Industry Graces Dallas, TX 75252. Phone 972.447.0910 or 888.860.2442, Fax 972.447.0911. QuestCorp specializes in publishing cor- porate magazines for businesses. Many of Artist's Works . . . 16 www.cummingsbaccus.com 3
  • 4. CUMMINGS-BACCUS VISION of VALUE Propels Cummings-Baccus Into Its Second Decade C hange is never easy for any business. But remaining true to a firm's founding values can be even harder. While the last Cummings-Baccus Interests, the real estate investment decade delivered plenty of change at company's entrepreneurial spirit and dedication to value are as solid as ever. Ten years ago, Cummings-Baccus' creators could only dream of the commanding size, purchasing power, geographic focus and wide access to capital the company enjoys today. Since those early days, Cummings-Baccus Baccus. quot;We have the luxury of operating within a broad range of market opportunities.quot; A recent acquisition in Midland, Texas, sharpens the distinction between Cummings-Baccus and other competitors. In most cases, acquiring 600,000 square feet of office space would only be an institutional play. But the smaller Midland market is unlikely to meet the requirements of many institutional investors. Cummings-Baccus, however, combined its financial power and investment freedom, to add 600,000 square feet of class A Midland office property to its portfolio. Co-founder Ross Cummings Cummings-Baccus may have another edge in uncertain financial times: the energy industry. The industry tends to do well during a troubled economy, and Cummings-Baccus has a high number of energy-related tenants in markets from Houston to Tulsa. That gives property revenues a soothing shot of stability. has acquired 45 commercial real estate properties with more than 4 million square feet of space in 29 markets. A free range and entrepreneurial energy would Despite the successful transformation, mean little without capital. Cummings-Baccus' yesterday's management would still be right at smart sense and sterling investment record home with today's consistent investment philosophy: Find, acquire and create value. have kept capital flowing and growing. Since its inception in 1992, Cummings- A free range and entrepreneurial energy When the economy does come roaring back, Baccus has focused on buying and operating would mean little without capital. Cummings- Cummings-Baccus is ready to ride it to even office buildings across the Southwest. The Baccus' smart sense and sterling investment greater heights. Management wants to do four formula may seem familiar to anyone who record have kept capital flowing and growing. times as much business in the next five years knows publicly-traded real estate investment quot;We have very strong long-term capital as Cummings-Baccus delivered in its first trusts (REITs) or large institutional investors. relationships that give us the ability to move decade. To make that happen, the real estate But a unique twist to the old equation sets quickly and take on market risk,quot; Cummings investment firm is targeting five major Cummings-Baccus apart: The privately held says. Cummings-Baccus has equity Southwest markets, with particular emphasis real estate investment firm combines the relationships that stretch back to the on the office sector. The vigorous campaign buying power of an institutional player with company's beginning. will put Cummings-Baccus in even more the flexibility of an agile entrepreneur. competition with the REITs, particularly for With the economy cooling, another capital class A and class B office properties. Cummings-Baccus has the financial capacity source, the debt market is retrenching. to handle properties requiring institutional Lenders with newly conservative approaches Despite all the promised change, one constant size, with most of its investments ranging may be steering clear of particular market will likely remain. quot;Whether we're buying a from $5 million to $50 million. What sets it sectors or sizes to protect themselves. vacant retail center in Austin or a class A apart from institutional competitors, is a sharp office building in Tucson,quot; Cummings eye for overlooked value and a willingness to But tighter debt markets won't necessarily concludes, quot;our philosophy will always be to embrace investments that don't quite fit slow Cummings-Baccus. quot;We're at our best buy value.quot; x institutional investors' more restrictive molds. when there's a lack of liquidity,quot; Cummings explains. quot;We're buying when nobody else quot;We don't have a box,quot; says Ross M. may be.quot; Cummings, General Partner at Cummings- 4 www.cummingsbaccus.com
  • 5. Electricity Deregulation and Commercial Real Estate in Texas Pat Ennis, Priority Power Management I ntroduction consist of three segments. The first will be an unregulated or competitive generation companies. It is recommended that when accessing the benefits of this type aggregation, Beginning January 1, 2002 segment that may sometimes be referred to the building owner understands that the competitive forces will be introduced as the GenCo. Next, a regulated segment aggregator will be joining similar loads into the Texas retail electricity will exist to handle the transmission and together and not loads that have differing market. Then Governor George Bush distribution of the electric power. The time-power profiles or requirements. The most signed Texas Senate Bill 7 (SB7) into nickname for this portion of the new model is important benefit of this type of aggregation law launching a competitive market the WiresCo. The last segment of the new is allowing power customers to go the in June 1999. SB7 begins a process of model is the unregulated Retail Electric negotiating table with much larger loads than unbundling or separating the utilities’ Provider or REP. While each segment could functions into three distinct areas - they would have had if they had gone it alone. be an entirely new, independent entity, many Wal-Mart has been able to demand the best generation, transmission and distribution will be subsidiaries or affiliates under a and REPs (Retail Electric Providers). SB7 prices from its vendors because they purchase corporate umbrella. in large quantities using their buying leverage. will bring profound changes in the way This will hold true when buying power. The we purchase power for commercial and Load Aggregation larger you are, the better prices, terms, residential uses. Deregulation will bring Building owners with numerous accounts choice. This choice brings added responsibility, conditions and levels of customer service you with loads less than 1000 kW will need to which lies flatly on the shoulders of the will command from the REP’s. assess and possibly access the benefits of owners of real estate. aggregation. Two types of aggregation are possible. The first type of aggregation is to New Industry Structure bring together all the power loads within a The utility company model that has existed up specific company and present these individual to this point has been a vertically integrated loads to a REP as one load. These can be loads one. That is one company was responsible for from numerous utilities. the generation, transmission, distribution and retail sales of the electricity used by its The second form of aggregation is for building customers. Under SB7 rules, this model will owners to join a purchasing cooperative or be “de-integrated”. The new model will combine their loads with loads from other www.cummingsbaccus.com 9
  • 6. between 40%-60% 4) accounts with load factors greater than 60% and 5) accounts that have IDRs (Interval Data Recorders). Regardless of how a customer actually uses power, the customer will be “deemed” to have used power in the forced profile pattern they have been assigned to. Improving your load shape or load factor through various techniques will not necessarily translate into immediate power cost reductions. The change in profile assignment must be submitted by the TDSP and then the account profile must be updated by ERCOT-ISO. Demand Side Management During the 1980’s and 1990’s many utility companies spent millions of dollars on various Demand Side Management (DSM) Programs, with less than stellar results. These mandated programs used regulatory push to encourage the consumer to use energy wisely. Wise use consisted of consumers using less energy or shifting their usage to off-peak periods. Now with rising oil and gas prices and market pull (i.e. deregulation) interest in conservation and energy management is back. Pulled by choice of supplier, time-of-use pricing and real time price volatility, customers will work to develop power cost reduction strategies. Conclusion Electric industry restructuring promises both opportunities and challenges. Those building owners and companies that develop the best strategies and The Pioneer; 102,295 sf, class “B” CBS, Tucson Arizona anticipate market trends and changes will be the big winners. x Load Profiling/Load Factor Pat Ennis of Priority Power may be reached at patennis@prioritypower.net or 915-620-9100. When pricing power REPs focus on two issues – load factor and load profile. Load factor is the relationship between the size of the electric power demand and the number of hours that load operates. Power is measured using kilowatts (kW) or demand and kilowatt-hours (kWh) or energy. Demand is a function of how much power is required by a customer at one time, or how fast the customer was using power (i.e. speedometer). Energy, or kWh, is a function of how much power was used over a specified period of time or billing period (i.e. odometer). A quot;goodquot; load factor indicates that the customer used power steadily without great swings between maximum and minimum demand. A quot;badquot; load factor is indicative of significant swings in demand. Load profiling is a representation of a customer's energy usage, showing the demand variation on an hourly or sub-hourly basis. For example, a typical office building has a “top hat” or bell shape profile during the summer months. The office load, which is weather and time sensitive, increases steadily throughout the day reaching a peak in the late afternoon then decreasing to a minimum in the late night and early morning hours. The ERCOT retail market requires a fifteen (15) minute settlement interval, yet the vast majority of customers do not have the metering necessary to measure their consumption at this level. Because the actual load shape for customer without special metering is unknown a guess has to be made in order to settle the bill. That guess is the “deemed” load shape or “force fit profile”, established by ERCOT-ISO (Independent System Operator). Based on the load factor of the particular account, the TDSP shall be responsible for assigning each electric account with standard kW and watt-hour metering for a “force-fit generic profile”. The profile assignment is based on the accounts past 12-month usage data (load factor) that is “deemed” to represent a customer’s usage pattern. There are basically five assignments: 1) non-demand metered accounts 2) accounts with a load factor less than 40% 3) accounts with load factors 10 www.cummingsbaccus.com
  • 7. 3305 Northland Drive, Suite 301 Austin, Texas 78731 Tel (512) 459-7100 Fax (512) 451-4008 info@cummingsbaccus.com www.cummingsbaccus.com
  • 8. Oil Industry Graces Many of Artist's Works By Georgia Temple Entertainment Editor S ymbols of American enterprise refreshments. The building was purchased appeal to artist Richard Jennings. and remodeled by Cummings-Baccus A commercial architect, who Interests, an Austin-based partnership spent 25 years designing high- organized in 1992 to invest in commercial real rise office buildings and eight of estate. The artist was commissioned by the those years teaching in the new owners to create a piece of art for the School of Architecture at Rice building that would be unveiled at an opening University, has spent most of his reception. life painting. The subject that most often graces his canvas is quot;We decided we wanted to have some artwork one close to the hearts of many West Texans - that was representative of Midland, and I the oil industry. started looking around,quot; said Dan Cooper, partner of acquisitions and dispositions (who quot;I've always been fascinated by it - the more importantly perhaps in this case has a quot;1 think a lot of people are going to be really geometry of the rigs, the equipment, the minor in art). quot;It just so happens that one of excited by the way he's glorified the oil and engineering of it,quot; Jennings said in a my partners, Ross Cummings, has a painting gas industry,quot; said Cooper. quot;His works are telephone interview from his home and studio by Richard Jennings. And it's of a pump jack. vibrant, colorful, full of life.quot; in Austin. quot;I guess some artists are attracted to And he said, 'What about Richard Jennings?' A native of Roswell, N.M., Jennings first flowers, but to me it's always been some of learned to paint from his mother. quot;My mother the industrial things we build in the world. quot;I went over and met Richard and saw that he had an arsenal of paintings- maybe 300 was an oil painter,quot; Jennings said. 'The way Unlike some people, I don't find them to be a my mother taught me to paint was on white blight on the landscape. I think they are more different pieces that have the subject matter of the Permian Basin. He's been painting china plates. The drill would be, we (Jennings evidence of a lot of enterprise.quot; and his older sister) would paint landscapes derricks and pump jacks and tanks for years. I Jennings comes to Midland on Thursday for a instinctively knew that he was the right on china plates, and then she'd critique it, and 3:30 to 6 p.m. open house celebration for person for the job.quot; we'd wipe it off, and paint it again. I must Fasken Center that includes live music and have been 8, 9 and 10 years old.quot; They also The idea of a piece commissioned for the painted on white china platters, which Center expanded into a showing of work by Jennings , said, were quot;for the larger works.quot; © Midland Reporter-Telegram Reprinted with the artist. Thus, the opening reception will He laughed and added, quot;I was painting plates permission from Midland Reporter Telegram feature a gallery exhibition of 40-50 pieces of before it was fashionable. Wish I’d kept some Sunday, October 14, 2001 Section F 1&3 art by Jennings. of them.quot; 16 www.cummingsbaccus.com
  • 9. Jennings spent some of his growing-up “His studio was an hour drive from where I may think that a lot of things man does is time drawing. quot;Apparently, I liked to draw a grew up. He was sort of a local hero. I used to environmental disaster waiting to happen. It's lot,quot; said Jennings, who studied architecture go to the museum just about every weekend always interesting to me to go see a working at Texas Tech and holds a bachelor and and look at his paintings that were on rig, and after the well comes in and is masters degree from the University of display.quot; pumping, the same mesquite and sage are Houston and the University of Dallas. growing there. You can hardly tell there was a Not all of Jennings' work features the oil field, rig there. It's a very complex operation that's quot;Of course, in New Mexico, there wasn't but the subject is a special passion of his. done very efficiently.quot; x much to do,quot; he remarked drily. quot;The whole Permian Basin exploration Richard Jennings may be reached at 512-327-1650 Exposure to artist Peter Hurd also had a was a terrific enterprise,quot; said Jennings, or rjenn@msn.com lasting effect on Jennings who as an adult noting he finds the quot;nitty gritty work of studied watercolor painting with Frank Webb the oil businessquot; of particular interest. quot;A and Tony van Hasselt. lot of people went out and risked everything they had for the chance to make good, “Peter Hurd fascinated me,” Jennings said. to make something of themselves in my day “He knew my father, so I met him when I was and I've always admired that.” fairly young, and he was someone I admired greatly. quot;I think a lot of people, artists in particular, www.cummingsbaccus.com 17
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  • 11. BIG By Daniel T. Cooper Opportunities do Do Come in Smaller Markets A lender I was speaking with recently had an interesting response to an inquiry about investing in a secondary market. quot;I cannot lend there because my hands are tied,quot; he confessed to me, quot;but I will personally invest with you, because it sounds like a great deal.quot; Pure Resources Building; 182,062 sf, class “A” CBD, Midland, Texas That lender's response is one that comes up again and again in commercial real estate investment. When the question of investing in secondary or tertiary markets is posed, the answer for many real estate investment trusts (REITs), large private investors and lenders is often a firm quot;no.quot; Why doesn’t everybody take advantage of the www.cummingsbaccus.com big opportunities in smaller markets? The answer is simple: They can’t — thanks to thinking that keeps many investors locked within a self-imposed box. Those boxes can limit investors in several ways. For example, they may decide that real estate investments must be in cities with large metropolitan areas. Larger players are often 23
  • 12. We've all heard the old adage, “Location, location, location.” But the last time I checked, the true purpose of real estate investment hasn't changed: quot;Return, return, return.” searching for safety in numbers, whether in the 24-hour city or in cities that hit the top-10 lists for highest rents and absorption rates. Most, if not all, funds stay within those boxes. Consequently, they have redlined almost all secondary markets. Thinking Beyond the Redlines I believe much of what is presented in the media and in economic forecasts is yesterday’s news. You're almost guaranteed to find yourself behind the investment curve if you listen to popular media. Instead, you must do your own research and evaluate every deal on its own merits. Those include location, employment growth, demographic trends and condition; but most importantly, they include net operating income. There are always trade-offs in any deal, and weighing an investment in a smaller market against one in a big market is no exception. By their very nature, secondary cities usually lack diversification and a large workforce. Consequently, they do not grow as quickly as cities such as Los Angeles, Boston, New York or San Francisco. But smart investors must also read between the lines. One of the primary reasons Wells Fargo Building; 205,000 sf, Lubbock Texas institutional buyers don't invest in smaller markets isn't a lack of potential — it's economies of scale. It's often not efficient for them to hold less than a few million square feet in a marketplace, so by default they pass over potentially great returns. Tertiary markets, too, have benefits that the Big 20 don't have. A commonly overlooked aspect of the smaller market is the lack of new construction. Many of these cities are stable and have slower growth, which translates into a market with a leaning toward demand. Quite frequently, you will see a few trophy properties in a market with little or no competition; although the demand does not justify development, it does allow for incremental rent increases. The key ingredient to seizing these opportunities is capital, namely debt. Much like the REITs, the large lenders will not lend money in these smaller markets. As a result, many of the capable players who depend on Wall Street money remove themselves from the investment game. This situation opens a big opportunity for us and for other buyers who have the freedom to work with local and regional banks. Although there is a move by larger manufacturing and distribution firms to settle in more efficient hubs, there are many mid-sized companies that are seeking more affordable environments with lower costs of living and less expensive workforces. For those companies, a well-positioned smaller city can be a winning choice. Secondary markets offer a lower price per square foot, controlled growth and a lack of competition. When combined, those factors translate into higher returns. We've all heard the old adage, “Location, location, location.” But the last time I checked, the true purpose of real estate investment hasn't changed: quot;Return, return, return.” Look outside the self-imposed boxes, and you'll see secondary markets are a great way to achieve that purpose. x 24 www.cummingsbaccus.com
  • 13. Commercial by Chad Harwood LENDERS are Still Playing, But the Rules are Changing I n the financial arena, 2001 started turbulently. The Dow Jones industrial average and NASDAQ plummeted, dot-coms vanished as quickly as they once appeared, and layoff and unemployment percentages rose to heights unseen in years. Yet despite the general bad news, commercial real estate financing faces good news: Treasuries and spreads are down, and an ample supply of capital exists in the debt market. Financing opportunities are plentiful for commercial real estate owners in search of capital. However, the commercial real estate finance market will continue to experience significant changes going forward, and several key trends will affect the industry in the near future. For example, consolidation among lenders significantly increased in 2000 and will continue to increase this year. The result has left fewer players on the field; however, most remaining lenders are firmly committed to the commercial real estate market. And, consolidated lenders frequently can offer wider product lines to their customer bases and create economies of scale, which ideally will reduce the costs passed through to borrowers. Another key trend in this fluctuating economy is that underwriting criteria have become stricter, yet the rate environment has shifted to the borrowers' favor in the past few months. Rates for long-term financing are near an all- time low. At the end of May 1999, the yield on 10-year Treasuries - the primary index used for pricing long-term commercial loans -was approximately 5.7 percent compared with a yield of nearly 6.4 percent at the end of May 2000, an increase of 78 basis points. By the end of first-quarter 2001, the yield on 10-year Treasuries had declined about 135 basis points to around 5 percent, resulting in a lower cost for debt that will increase the net cash flow to property owners. Lenders continue to focus on bread-and-butter income-producing property types such as multifamily and office. As lending requirements become stricter, less stable property types, such as hospitality and unanchored retail, will experience more limited financing options. Most permanent lenders are still under-writing 80 percent loan-to-value ratios on solid property types, but more risky property types have considerably lower LTV constraints, which range from 60 percent to 70 percent. Additionally, dominant lenders will focus on the national market rather than specific regions. Borrowers increasingly will have opportunities to select lenders with the ability to follow borrowers from region to region. While this has long been the practice of Wall Street conduits, government-sponsored entities, and life insurance companies, many commercial banks are still forced to deny capital to borrowers in markets outside of their geographic lending areas, putting them at a disadvantage to the large national players. The Players Despite uncertainty and volatility in the capital markets, most industry lenders Twin Tower, Faskem Center, remain steadfast in their commitment to commercial real estate. Five main 421,546 sf, class “A”, types of lenders serve the industry: commercial banks and savings Midland, Texas associations, life insurance companies, pension funds, Wall Street commercial © CCIM Institute Reprinted with permission from Commercial Investment Real Estate, Vol XX, No. 4, pp 34-36 www.cummingsbaccus.com 29
  • 14. mortgage-backed securities issuers, and commercial real estate finance during the bond investments.quot; government sponsored entities. remainder of 2001. Still, the CMBS arena is not without its Commercial Banks Pension Funds concerns. quot;Disciplined originations are now and Savings Associations Many funds are increasing their mortgage the name of the game,quot; Grabell says. quot;CMBS Commercial banks held $610 billion in investing, but they are participating mainly on investors are more selective, which is forcing outstanding loans, or 39.3 percent of the the equity side. Pension funds control less than originators to be selective in the loans that are institutional debt market, as of September 3 percent of commercial real estate debt in the originated. If real estate weakens, the 2000, compared with $518.5 billion in fourth- United States. The pension funds' primary debt borrower's credit becomes more of an issue. quarter 1999, according to the Lend Lease Real activity will be in CMBS as they become more However, there are certainly no signs of a mass Estate Investments Emerging Trends 2000 mainstream, fixed-income investments. exodus from the CMBS market.quot; report. Savings associations held $139.8 billion in mortgage assets, or 9 percent of the While pension funds are expected to be With declining overall interest rates, demand institutional debt market. Combined, these two somewhat active in the debt market, most for adjustable-rate mortgages has subsided institutional categories hold nearly half of all borrowers will have more access to other debt from the first two quarters of 2000. For now, outstanding U .S. commercial real estate debt. providers such as the conduits. GMBS issuers should continue to be the most competitive on permanent, fixed-rate debt. In late March, the Federal Reserve Board Wall Street CMBS Issuers released a supplemental survey on bank Wall Street conduits held about 14 percent of Government-Sponsored Entities lending practices. The survey polled 54 large total outstanding commercial real estate debt as The Federal National Mortgage Association, domestic commercial banks and 22 U.S. of mid-September 2000. However, CMBS known as Fannie Mae, the Federal Home based branches of foreign banks. The results issuance has strengthened so far in 2001. Mortgage Corp., or Freddie Mac, and the indicate that half of the domestic banks Through mid-April, issuances were up 33 Federal Housing Administration often are reported slightly stricter lending standards to percent to $13.6 billion from $12.1 billion in considered to be the premier lending sources commercial loan applicants. Further, no banks first quarter 2000. for quality multifamily properties. reported that they had eased lending standards during the first two months of 2001. Better than 50 percent of the domestic banks indicated Supply and demand should continue to keep that a less favorable economic outlook was an property segments in most markets in check, and a important factor in tightening lending terms. severe downturn or massive overbuilding is unlikely. If the banks' actions earlier this year are any indication, commercial real estate borrowers CMBS issuance volume totaled $60.9 billion Rates generally are higher than those of GMBS can expect banks to continue to tighten their in 2000 compared with $67.9 billion in 1999 and commercial banks for long-term loans. and $78.3 billion in 1998. As a result of Fannie Mae and Freddie Mac both offer LTVs underwriting criteria and loan terms if the up to 80 percent with terms as far out as 30 economy continues to stall. declining originations, no single conduit has years. enough product to bring to market, and many However, prospects for financial institutions in conduits will continue to pool loans. Thus, if Fannie Mae's delegated underwriting and general remain strong, according to Lary B. CMBS demand outpaces the supply that servicing (DUS) program has been a successful Cowart, Chair of Real Estate Studies at investment banks can bring to the market, origination program. However, only 25 lenders Morehead State University in Morehead, Ky. investors arguably would drive spreads down, in the nation are approved DUS lenders. Fannie quot;With the decline in interest rates, new resulting in lower overall rates. Mae is the largest investor in the multifamily originations at the financial institutions will sector with more than $55 billion in definitely be generated, but because of A number of CMBS offerings in the market investments compared with Freddie Mac's $25 prepayment penalties, it will not come at the were scheduled to close by the end of second- billion. Both programs have a national expense of the banks' existing portfolios,quot; he quarter 2001. Depending on how the issuance presence, offer competitive terms, and always explains. is received, borrowers can expect lenders to are in the market, meaning they do not exit at adjust their underwriting criteria accordingly. the first sign of trouble. The downside is that Life Insurance Companies For instance, should the issuances be well these government-sponsored programs are Despite maintaining an important market received by the market, borrowers will see an strictly for multifamily properties. position, 13.7 percent of total debt, life easing of spreads, while the opposite could companies are trending toward less real estate hold true as well. Looking Ahead ownership but continue to be active mortgage Most lenders view the balance of 2001 investors. They still focus primarily on higher- Peter Graben, senior vice president of Mill with cautious optimism. The Fed's multiple end properties, and commercial real estate Valley, Ca1if.-based conduit Bridger reduction in interest rates has spurred borrowers can expect life companies to remain Commercial Funding, remains bullish on the new interest in refinancing. Underwriting in the market with rates at their current levels. CMBS market. quot;The rate environment has fundamentals remain relatively strong, and the been very favorable for the past three or four influence of the public market intends to keep Life companies will continue to be more months, and CMBS spreads remain stable as it that way. conservative than other types of traditional wellquot; Graben comments. quot;Spreads are lenders, often maxing out at a 75 percent LTV; widening slightly because of the amount of Supply and demand should continue to keep however, life company players still may offer product coming to market, but there is clearly property segments in most markets in check, better rates than the conduits. Borrowers can still an appetite for the CMBS product because and a severe downturn or massive overbuilding expect to see life companies very active with it is a very attractive alternative to traditional is unlikely. 30 www.cummingsbaccus.com
  • 15. The capital markets are watching over lenders' shoulders; therefore, most lenders are driven to make prudent real estate loans that will be well received in the public markets. With few exceptions, borrowers likely can expect underwriting criteria to become more rigid if the economy continues to slow. The future of commercial real estate financing for the remainder of 2001 is positive. quot;The volatility of the stock market should increase the flow of funds, on both the debt and equity side, to the more stable real estate sector,quot; Cowart says. quot;The recent decline in interest rates has lowered the required rate of return on the debt side, but probably will not result in a decline in overall cap rates.” quot;Consequently, yields to the equity side of the equation should increase to balance the math. Of course, this additional equity yield is not a windfall; it is simply just compensation for the additional risk that real estate equity is now facing with the prospects of a slower economy. For now, real estate appears to be the safer harbor.quot; Lending within the commercial real estate industry is changing. While the real estate market remains relatively strong, sound deals are harder to come by for many lenders. As a result, lenders are fighting over the same transactions, which benefits the borrower. Both long-term and short-term money is cheap by historical standards, and borrowers can still cash in on good financing deals today. x The Resource Center (7026 Old Katy Road) TRANSWESTERN Four Sugar Grove (4800 Sugar Grove) Woodlake Park (2500 Tanglewilde) is pleased to support Cummings Baccus Interests 550 Westcott 720 N. Post Oak Road 5757 Woodway and Real Estate Perspectives in recognition of our successful Past & Present Portfolio in Houston totalling in excess of 850,000 Square feet www.transwestern.net 713.270.7700 Your Real Estate Partner of Choice The Lafayette Building (701 N. Post Oak Road) www.cummingsbaccus.com 31
  • 16. Navigating Clients Financial Needs Savoy at The Resource Unisource Palmer Ranch Center Energy Tower Sarasota, FL Houston, TX Touscon,AZ Tuscon, AZ 324 Units 280,000 SF - Office 230,000 SF - Office $18,000,000 $15,100,000 $20,655,000 Pasadena Office Fasken Center Pebble Walk Portfolio Midland, TX Apartments Pasadena, CA 600,000 SF - Office Houston, TX 264,795 SF $16,640,000 228 Units $19,950,000 $5,100,000 Fairlake HDC Basset Direct Plaza Facility Store Houston, TX Houston, TX Henderson, NV 86,000 SF - Retail 240,000 SF - Industrial 26,250 SF - Retail $1,800,000 $9,645,000 $3,300,000 L. J. Melody & Company A CB Richard Ellis Company 5847 San Felipe • Suite 4400 • Houston, Texas 77057 Bernard Branca (713) 787-1962 bernard.branca@ljmelody.com Wally Reid (713) 787-1984 wally.reid@ljmelody.com 3305 Northland Drive, Suite 301 Austin, TX 78731