Kevin D.

Bennett
Boomer, North Carolina 28606 (336) 467-0300 KevBennett@Wilkes.net

SUMMARY Real estate and legal executive with outstanding record of leading real estate acquisition, development, construction and legal teams in achieving exceptional business results during periods of rapid company expansion. Innovative strategist in assessment of key real estate markets, analyzing relevant demographic data, selection of premier retail sites, negotiation and documentation of transactions, securing complex governmental approvals, expediting development and construction processes and directing capital expenditures. Proficient leader in selecting, organizing, developing and motivating professional teams which consistently beat store opening and capital budget goals. CAREER EXPERIENCE LOWES COMPANIES, INC., North Wilkesboro, North Carolina Vice President, Real Estate Acquisition (1995-2011) (2006-2011)

Led staff of Acquisition and Site Development Managers and Directors in new store expansion activities, including: identification of potential markets and sites for new store locations; market demographic analysis; negotiation of real estate transaction terms; performance of site due diligence activities (engineering, environmental assessments, zoning and governmental approvals); and management of capital budgets. Achieved or exceeded Company annual southeastern U.S. expansion goals, resulting in opening an average of one hundred (100) new stores annually in Companys Southeast Region. Established and administered capital budgets for new store expansion in the Southeastern U.S. at or below annual amounts (which budgets approximated $175,000,000 for land and approximately $250,000,000 for site development). Strategized and implemented full re-assessment of real estate transaction portfolios and store opening plans to account for changing market conditions, including re-negotiation of pending transaction terms saving the company costs in excess of $10,000,000. Directed extensive reviews of Common Area Maintenance activity, costs and obligations for all stores in the southeastern U.S, resulting in 2010 cost savings in excess of $500,000. Vice President and Associate General Counsel (1995-2006)

Organized and led Company new legal department section for all real estate related legal activities associated with store, distribution center, and corporate office expansion (United States, Canada and Mexico) and for all existing Company real properties, including excess property disposition, property management, construction and litigation matters. Established Legal Department real estate section, hiring ten (10) attorneys and five (5) paralegals (with East Coast and West Coast offices); Successfully achieved Company store expansion goals, opening approximately 1,300 new retail stores, six (6) contractor stores, and five (5) regional distribution centers in the years of 1995 through 2006. Negotiated multi-million dollar incentive packages with local governmental authorities for development of new stores, corporate headquarters and regional distribution facilities. Supervised real estate related due diligence activities for acquisition of Eagle Hardware and Garden, Inc. which operated thirty-eight (38) stores in ten (10) western states. Devised systems and processes to effectively manage $12 million outside counsel fee budget and

Kevin D. Bennett (336) 921-3267

$2 million internal Legal Department budget. AMRESCO, Inc. (former subsidiary of Bank of America), Deputy General Counsel, and BANK of AMERICA (formerly known as NationsBank Corporation, NA), Associate General Counsel, Charlotte, NC and Houston, TX (19891995) Established and led legal department sections at the Bank and Amresco providing legal services relating to working out, collecting, disposing and maintaining multi-billion dollar nationwide portfolios of distressed commercial/real estate loans and real estate owned. Hired and guided a Charlotte, NC based legal staff having twelve (12) permanent attorneys, six (6) contract attorneys and eight (8) paralegals in four (4) regional offices (Charlotte, NC; Dallas, TX; Tampa, FL and Tysons Corner, VA). Developed and administered internal legal department annual budgets of over $2 million, along with annual outside counsel fee budgets of up to $28 million. Led legal representation in multi-million dollar commercial loan workouts, asset based credit arrangements, inter-creditor arrangements, loan restructures, pooled asset dispositions, real property transactions (brokerage, sales, leasing, and property management). Supervised the prosecution, defense, and resolution of all portfolio litigation through systems for litigation reporting, evaluation and strategy formulation. Managed large portfolio of nationwide litigation matters of over 300 concurrent defensive actions, without significant loss. MEYER & CRIBBS, P.C., Houston, Texas Shareholder

(1985-1989)

Member of a fourteen (14) attorney law firm engaged in the general practice of law. Primary areas of practice included general commercial transactions, real estate, real estate finance, banking, corporations and partnerships, land use, construction, and civil litigation. Responsible for managing firm real estate development and commercial leasing matters relating to shopping centers, office buildings, multi-family projects, and residential subdivisions. Represented business clients in leveraged buyouts, trademark protection, software licensing, distributorship arrangements, UCC transactions, and business entity formation and dissolution. Represented lending institutions in a wide variety of matters, including preparation and negotiation of commercial and residential real estate loan documentation, loan workouts and enforcement of creditor rights. EDUCATION University of Texas School of Law, Austin, Texas Juris Doctorate Executive Editor of American Journal of Criminal Law. Editor of Urban Law Review. Brigham Young University, Provo, Utah Bachelor of Arts, Political Science Edwin S. Hinckley Scholar AFFILIATIONS Member of State Bar of Texas Member of American Bar Association