Managing Specialty Assets in a Challenging Environment FIRMA National Risk Management Training Conference – Fort Worth, Texas, March 25-29, 2012 R. Dennis Moon Specialty Asset Management Executive DISCLOSURE This presentation is designed to introduce you to the products and services available through U.S. Trust, Bank of America Private Wealth Management, is provided for informational purposes only, and is not issued in connection with any proposed offering of securities. This presentation is not used with regard to any specific investment objectives, financial situation or particular needs of any specific recipient and does not contain investment recommendations. Bank of America and its affiliates do not accept any liability for any direct, indirect or consequential damages or losses arising from any use of this presentation or its contents. The information in this presentation was obtained from sources believed to be accurate, but we do not guarantee that it is accurate or complete. 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AR52A0K6 FOR FIDUCIARY USE ONLY ECONOMIC OVERVIEW Recession They define a recession as the time when business activity has reached its peak and starts to fall until the time when business activity bottoms out. When the business activity starts to rise again it is called an expansionary period. By this definition, the average recession lasts about a year. Factors in employment, industrial production, real income and wholesale-retail sales. Depression A recession that lasts longer and has a larger decline in business activity. “Source: Business Cycle Dating Committee at the National Bureau of Economic Research (NBER)” Common Definitions Recession – When you neighbor loses his job Depression – When you lose your job Leading Indicators • • • • • • • Stock Market Manufacturing Activity Inventory Levels Retail Sales Building Permits Housing Market Level of New Business Start-ups Lagging Indicators • • • • • • • • • Changes in Gross Domestic Product Income & Wages Unemployment Rate Consumer Price Index Currency Strength Interest Rates Corporate Profits Balance of Trade Value of Commodity Substitutes to US Dollar Market Currents Illustrated March 2012 New orders sag; unfilled orders cushion; expectations up Consumer demand advancing around a 2% yr/yr growth path 10 60 Real Consumer Spending Growth Year-to-Year % Change 6-Month % Change, Annualized Net % Capital Goods Prospects 60 Real Retail Sales** 40 5 40 Core Unfilled Orders + Nondefense Aircraft Orders L.S. Capital Expenditures Expectations Next 6 Months* R.S. 20 Total Real Consumer Spending* January 20 0 0 -5 -20 -10 * Spending on durables, nondurables, services ** Retail sales & food services deflated by Consumer Price Index for Goods/Commodities 05 06 07 Core Unfilled Orders** L.S. -20 *Average of Diffusion Indexes from Empire State, Kansas City, Philadelphia, Richmond Fed Surveys **Manufacturers' Capital Goods Orders Excluding Defense & Aircraft 08 09 10 Data as of 3/1/2012 11 -40 12 -40 06 07 08 09 10 11 Data as of 2/28/2012 Source BEA/Haver Analytics U.S. regional surveys: rebound holding 75 0 Core New Orders** L.S. 12 13 Source: FRB,Census Bureau/Haver Analytics U.S. leading Index: positively inclined > 0 = Expanding, Net % 20 U.S. Composite Index of 10 Leading Indicators U.S. Bottom-Up Current & Leading Indicators 15 Average of 5 Regional Diffusion Indexes:* Expectations for Business Activity in 6-Months 50 10 5 0 25 -5 Year/Year % Change -10 0 6-Month Annualized % Change -15 Average of 5 Regional Diffusion Indexes of Current Economic Activity -20 -25 -25 -50 *FRB District Surveys: Future Business Conditions (NY,Philadelphia,Kansas City, Texas Surveys); Future Shipments (Richmond Survey) 00 01 Data as of 2/28/2012 02 03 04 05 06 07 08 09 10 11 -30 12 Sources: Federal Reserve Board/Haver Analytics 81 84 Data as of 2/17/2012 87 90 93 96 99 02 05 08 11 Sources: Conference Board/Haver Analytics Market Currents Illustrated March 2012 Housing foundations hardening Multifamily market tighter in Q1 but way off mid-2011 high 175 800 Housing Market (January 2001 = 100) Thousands of Units, SAAR Above 50 = Tighter Multi-Family Housing Indicators (Quarterly Averages) 150 Affordability 100 Apartment Market Tightness Index R.S. 600 75 400 50 125 Pending Home Sales (1-Month Lead) 100 ALL Home Sales 75 Permits, L.S. Mortgage Purchase Applications 50 January 200 25 0 05 06 07 08 Data as of 2/29/2012 Starts, L.S. Single Family Home Building Permits Homebuilders':Traffic of Prospective Buyers Single-Family Homes, (All Good = 100) 25 0 09 10 11 12 03 04 05 06 07 08 09 10 11 12 13 Source: National Multi Housing Council, Bureau of the Census/Haver Analytics Data as of 2/16/2012 Sources: Census, NAR, NAHB, MBA/Haver Analytics Positive trends for a commercial real estate recovery Home prices: big declines behind us; stabilization not over 75 130 FHFA Purchase-Only House Price Index, SA 0 02 13 50+ = Increase Units Commercial Real Estate Indicators (Quarterly Data) Home Prices 30000 2004= 100 120 CoreLogic National House Price Index, SA Excluding & Including Distressed Properties 110 January 50 20000 Architectural Billings Index: Commercial/Industrial Sector L. S. 100 25 Median Price* New Single-Family Homes 90 10000 All Existing-Homes Median Prices* S&P/Case Shiller Composite 20 Home Price Index,SA 80 Business Bankruptcy Filings* R. S. *Filings surged in anticipation of the October 17, 2005 implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act. *Based on 12-Month Moving Average of Nonseasonally Adjusted Prices 05 06 Data as of 2/28/2012 07 08 09 10 0 11 12 13 Source: Census, CoreLogic, NAHB, S&P, Federal Housing Finance Agency/Haver Analytics 0 96 97 98 Data as of 2/22/2012 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 Sources: American Institute of Architects, Administrative Office of U.S. Courts/HaverAnalytics GENERAL APPROACH TO MANAGING SPECIALTY ASSETS – Timberland, Commercial & Residential Real Estate, Oil & Gas, Farm & Ranchlands, Closely Held Business Assets Fully understand your role on all assets (custodian, agent, trustee, co-trustee, etc) • Understand the difference between asset management & fiduciary asset management Develop an approach or asset monitoring & stick with it, with one caveat • Continually review the process in light of specific risks. This includes frequency, depth, and valuation issues Provide to the Portfolio Manager what they need to know to fully understand return (income, appreciation, & cash flow) & market risk (valuation volatility & degree of illiquidity) Fully integrate & document into an Investment Policy Statement (IPS) Indentify concentrations and have controls in place to mitigate, when applicable Develop strong process & status reporting around reviews & critical processes (inspections, valuations, appraisals, tax, insurance, etc) TIMBERLAND Review operating budgets to identify ways to conserve resources • Do not skimp on inspections, taxes due, and risk mitigating expenses In fact, on some tracts, increase frequency of physical inspections Be alert for buying opportunities with respect to properties that may have experienced temporary price drops due to local market impacts Prepare for opportunistic timber sales • Exploit spot market spikes • Identify general market recovery early in order to quickly exploit spot market spikes or general market recovery before pent up supply results in readjustment of markets as supply and demand cycle back to equilibrium COMMERCIAL & RESIDENTIAL REAL ESTATE General Asset/Property Management • Review tax assessment values and appropriately protest • Consider repairs and even elective renovations during this time while construction and contractor prices may be temporarily reduced • Manage expectations – client & account Tenant Issues • Work-outs and Modifications – Review each situation individually • Delinquency issues • Defaults and bankruptcies • Identify alternative uses / redevelopment opportunities Selling Property • Deteriorating market: Price property to reflect market and other properties on the market. Be prepared to market aggressively and adjust price as needed • Stable/Flat Market: Correctly price and market property given timely market inputs • Assess the quality of potential buyers Purchasing Investment Property • Recognize buying opportunities exist because of depressed price. • Understand the economic engines to determine proper type of property to buy; location/market; other specifics OIL & GAS Separate the notions of commodities versus oil & gas development • Oil & gas commodity prices are heavily affected by the business cycle • Cash flow fluctuations stem from both rate & volume volatility • Oil & gas development is increasingly driven by rapid technological changes Know what you own and where you are • Areas that have long been dormant are springing to life • There is often one opportunity to get the lease right – use an expert • Experts must be versed in not the only oil & gas issues but, the fiduciary business as well Understand your lease and stay on top of information • Periodically review the lease • Capture key data on each producing interest to monitor oil companies & paying agents FARM & RANCH Agricultural products volatility • Exhibits less volatility due to business cycle fluctuations • Exhibits more volatility due to natural/meteorological issues Asset prices and returns are affected by several issues • Federal agriculture policies • Supply & demand for farmland & ranchland • Whether the property is operated, crop share or cash rent o Drives exposure to commodity price volatility o Low commodity prices may induce tenants to cut corners or impair the ability to pay the rent Long-term value is driven by a combination of • Limiting the impact of weather related calamities • Ensuring the tenants & operators maintain the property • Ensuring proper lease terms related to land stewardship • Experienced farm managers, on the property, long-term view CLOSELY HELD ASSETS Probably the most sensitive asset class in an economic decline • Operating companies will ultimately mimic the economic cycle • Real estate holding companies will follow their properties • Investment holding companies will follow the markets Returns & fluctuations will track with the nature of the company but on a lagged basis Small operating companies often lack the cash reserves of larger, public companies Adjust to approach to asset management • Collect financial statement more frequently & ask for complimentary information • Review assets in a consistent manner (trend analysis, economic sensitivity, etc.) • Adjust the robustness of the asset review relative to risk • Adjust statement values early & often • Optimize the balance of methodological consistency & applicability • Ensure strong rigor around pre-acceptance & transaction approvals Capital Market Outlook March 5, 2012 America No Longer Drives Global Import Demand. Drives Global Import Demand. Longer Exhibit (%1:ofAmerica World No Total Imports) (% of World Total Imports) The Baton of Consumption Has Shifted to the “Rest." Exhibit 2: The BatonNations’ of Consumption Shifted to the “Rest" (Developing % of Has World Total Imports) (Developing Nations % of World Total Imports) 20% 50% 19% 45% 18% 17% 16% 40% Historic Average 35% 15% 14% 30% 13% 12% 25% 11% 20% 10% 48 51 54 57 60 63 66 69 72 75 78 81 84 87 90 93 96 99 02 05 08 11 Source: International Monetary Fund Direction of Trade Statistics. of Trade Statistics. Fund Direction Monetary International Source: Data through September 2011 Data through September 2011. 80 82 84 86 88 90 92 94 96 98 00 02 04 06 08 10 Source: International MonetaryMonetary Fund Direction Trade Statistics. Source: International FundofDirection of Trade Statistics. Data through September 2011. Data through September 2011