FORM OF SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P.American Realty Capital New York Recovery Reit Inc • July 2nd, 2010 • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of , 2010, is entered into among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as general partner (the “General Partner”), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
FORM OF SECOND AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLCAdvisory Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of , 2010, is entered into among American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
FORM OF AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
This Amended and Restated Management Agreement is made and entered into as of the day of , 2010 (this “Management Agreement”), by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation (the “Company”), NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and NEW YORK RECOVERY PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
LOAN AGREEMENTLoan Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
FORM OF SUBSCRIPTION ESCROW AGREEMENTForm of Subscription Escrow Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of , 2010 (this “Escrow Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital New York Recovery REIT, Inc. (the “Company”) and Wells Fargo Bank, National Association, as Escrow Agent (the “Escrow Agent”).
DOCUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Andrews Kurth LLPLoan Assumption Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY Interior Design Building: 306 East 61st StreetPurchase Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
WHEREAS, by Agreement of Purchase and Sale (the “Purchase Agreement”) dated as of ________, 2006, between Assignor and Assignee, Assignee has agreed to purchase from Assignor as of the date hereof, and Assignor has agreed to sell to Assignee, that certain property located at ________________________ (the “Property”); and
ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAssignment and Assumption Of • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION OF AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this “Assignment”) is made and entered into as of the 18th day of June, 2010 by and between AMERICAN REALTY CAPITAL II, LLC, a Delaware limited liability company (“Assignor”) and ARC NYE61ST001, LLC, a Delaware limited liability company (“Assignee”).
