The Howey test is used for franchise agreements, partnership interests, pension plans, and bank instruments...mostly.The form of the agreement and what parties call it is irrelevant, courts and regulators will look at the substance of the contract.For notes, the Supreme Court created the "family resemblance test" under Reves.

So I stay and enjoy the city and am able to escape into nature when I need to get away.Then invest in Chattanooga which in alot of ways has a striking resemblance to Portland.

The painting resembles a colorful and abstract view of the workings of human organs, yet it’s one unwanted addition to the mural that stands out the most."

On the other hand, if one moves away from NNN and the new lease resembles the more standard arrangement where the landlord is much more active (even via its managers), then they might be on to something.

These have a real upscale look and don’t even resemble a drop ceiling once installed

If the investor's return is essentially capped at 12%, the deal more closely resembles a debt deal than an equity deal.  

With interest rates at emergency levels for 7 years now the only way to get something resembling fixed income is to buy property.  

Currently I’m building spec homes on land that I buy with all cash using a construction loan that resembles a hard money loan with ~10% APR and points.

From my cursory viewing, the section called "Transaction Summary" somewhat resembles the HUD-1 form, so if you want something familiar looking, look at that. 

Their credit may be so poor now that they believe that they cannot open anything that would resemble a bank account or that it would be too costly to maintain.