<PAGE>   1
                                                                   EXHIBIT 10.5
                                                                      PNCBANK
DISCLOSURE FOR CONFESSION OF JUDGMENT

<TABLE>
<S>                     <C>
Undersigned:            EQK REALTY INVESTORS I
                        3424 Peachtree Road, N.E.
                        Suite 800
                        Atlanta, Georgia 30326


Lender:                 PNC BANK, NATIONAL ASSOCIATION
                        1600 Market Street,
                        Philadelphia, Pennsylvania 19103
</TABLE>

         The undersigned has executed, and/or is executing, on or about the
date hereof, the following document(s) under which the undersigned is obligated
to repay monies to Lender:

      1.    $1,571,528.19  Sixth Amended and Restated Note

      A. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT
CONTAINS PROVISIONS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST
THE UNDERSIGNED. BEING FULLY AWARE OF ITS RIGHTS TO PRIOR NOTICE AND A HEARING
ON THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT MAY BE ASSERTED AGAINST IT
BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, THE UNDERSIGNED HEREBY FREELY,
KNOWINGLY AND INTELLIGENTLY WAIVES THESE RIGHTS AND EXPRESSLY AGREES AND
CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST IT BY CONFESSION PURSUANT TO THE
TERMS THEREOF.

      B. THE UNDERSIGNED ALSO ACKNOWLEDGES AND AGREES THAT THE ABOVE DOCUMENT
CONTAINS PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT
EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR
OTHERWISE SEIZE PROPERTY OF THE UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE
JUDGMENT. BEING FULLY AWARE OF ITS RIGHTS AFTER JUDGMENT IS ENTERED (INCLUDING
THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGNED HEREBY
FREELY, KNOWINGLY AND INTELLIGENTLY WAIVES ITS RIGHTS TO NOTICE AND A HEARING
AND EXPRESSLY AGREES AND CONSENTS TO LENDER'S TAKING SUCH ACTIONS AS MAY BE
PERMITTED UNDER APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE
UNDERSIGNED.

      C. The undersigned certifies that a representative of Lender specifically
called the confession of judgment provisions in the above documents to the
attention of the undersigned, and/or that the undersigned was represented by
legal counsel in connection with the above documents.

      D. The undersigned hereby certifies: that its annual income exceeds
$10,000; that all references to "the undersigned" above refer to all persons
and entities signing below; and that the undersigned received a copy hereof at
the time of signing.


                                               EQK REALTY INVESTORS I, a
                                               Massachusetts business trust


                                               By: /s/ SAM F. HATCHER
                                                   --------------------------
                                               Name:  Sam F. Hatcher
                                                     ------------------------
                                               Title: President
                                                      -----------------------


DATED: As of June 15, 1999