OBTAIN THE PROPERTY REPORT REQUIRED BY FEDERAL LAW AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY.

This is not intended to be an offer to sell, or solicitation to buy a unit in the condominium. Such an offering shall only be made pursuant to the prospectus (offering circular) for the condominium and no statements should be relied upon unless made in the prospectus or in the applicable purchase agreement. In no event shall any solicitation, offer or sale of a unit in the condominium be made in, or to residents of, any state or country in which such activity would be unlawful.

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded unit. From time to time, price changes may have occurred that are not yet reflected on this brochure. Please check with the sales center for the most current pricing. The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements contained in this brochure are proposed only, and the developer reserves the right to modify, revise or withdraw any or all of same in its sole discretion and without prior notice. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. These drawings and depictions are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the residences.

All depictions of furniture, appliances, counters, soffits, floor coverings and other matters of detail, including, without limitation, items of finish and decoration, are conceptual only and are not necessarily included in each Unit. The photographs contained in this brochure may be stock photography or have been taken off-site and are used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed, and are merely intended as illustrations of the activities and concepts depicted therein. Consult your purchase agreement and the prospectus for the items included with the unit. Dimensions and square footage are approximate and may vary with actual construction.

No guarantees or representations whatsoever are made that existing or future views of the project and surrounding areas depicted by artist’s conceptual renderings or otherwise described herein, will be provided or, if provided, will be as depicted or described herein. Any view from any unit or from other portions of the property may in the future be limited or eliminated by future development or forces of nature.

THE RESIDENCES ARE NOT OWNED, DEVELOPED OR MARKETED BY, OR UNDER COMMON OWNERSHIP OR CONTROL WITH, HARD ROCK LIMITED, HARD ROCK HOTEL LICENSING, INC. OR HARD ROCK CAFE INTERNATIONAL (USA) INC., OR ANY OF THEIR AFFILIATES (COLLECTIVELY, “HARD ROCK”). 801-905 S. ATLANTIC LP, A DELAWARE LIMITED PARTNERSHIP (“DEVELOPER”) USES THE HARD ROCK TRADEMARKS UNDER A LIMITED MARKETING LICENSE AGREEMENT (“LICENSE AGREEMENT”), WHICH LICENSE AGREEMENT WILL TERMINATE PRIOR TO THE DEVELOPMENT OF THE CONDOMINIUM.

SUBJECT TO ENTERING INTO DEFINITIVE AGREEMENTS WITH HARD ROCK, TO HARD ROCK’S SATISFACTION IN ITS SOLE DISCRETION, DEVELOPER MAY BE ABLE TO USE THE HARD ROCK TRADEMARKS IN CONNECTION WITH THE CONDOMINIUM. HOWEVER, SUCH DEFINITIVE AGREEMENTS HAVE YET NOT BEEN EXECUTED, MAY NEVER BE EXECUTED BY HARD ROCK, OR IF EXECUTED, MAY BE TERMINATED IN ACCORDANCE WITH THE TERMS AND CONDITIONS THEREOF.

IN ANY EVENT, THE LICENSE AGREEMENT IS, AND THE DEFINITIVE AGREEMENTS WOULD BE, LIMITED IN DURATION AND THERE IS NO GUARANTY OR OTHER ASSURANCE OF ANY KIND THAT THE PROPOSED HARD ROCK HOTEL AND RESIDENCES TO BE POTENTIALL LOCATED IN DAYTONA BEACH, FLORIDA WILL BE ASSOCIATED WITH THE HARD ROCK SYSTEM FOR ANY PERIOD OF TIME, IF AT ALL. THE RESIDENCES PURCHASED WILL NOT BE PART OF, OR OPERATED AS PART OF THE HOTEL, ALTHOUGH SUCH UNITS WILL BE LOCATED WITHIN THE SAME BUILDING AS THE HOTEL.

THE OWNERS AND PURCHASERS OF THE RESIDENCES WILL OBTAIN NO RIGHT TO ANY LICENSE AGREEMENT OR TO ANY HARD ROCK TRADEMARKS AND WILL NOT BE PERMITTED TO REFER TO OR UTILIZE ANY HARD ROCK TRADEMARKS IN CONNECTION WITH ANY RESALE, RENTAL OR OTHER USE OF THEIR RESIDENCE. OWNERS AND PURCHASERS OF THE RESIDENCES MAY, HOWEVER, REFER TO THEIR RESIDENCE AS BEING LOCATED IN THE HARD ROCK RESIDENCES PROVIDED NO TRADEMARKS ARE USED.

HARD ROCK HAS NOT PARTICIPATED AND WILL NOT PARTICIPATE IN ANY MANNER IN THE MARKETING OF THE RESIDENCES AND HAS NOT AND WILL NOT ACT AS A BROKER OR AGENT IN CONNECTION WITH ANY CLOSING. HARD ROCK HAS NOT IN ANY WAY PASSED ON THE MERITS OF, OR THE MATTERS SET FORTH IN, THIS ADVERTISEMENT OR ANY MARKETING MATERIALS.

THE DEVELOPER RESERVES THE RIGHT TO CHANGE, MODIFY, DELETE OR OTHERWISE ALTER ANY AND ALL AMENITIES, SERVICES, SPECIFICATIONS, FEATURES, PRODUCTS AND DIMENSIONS WITHOUT INCURRING OBLIGATION AND WITHOUT NOTICE.