0001193125-08-087730 Sample Contracts

ESCROW AGREEMENT (Apple REIT Nine, Inc.)
Escrow Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia

THIS ESCROW AGREEMENT, dated as of April 16, 2008 (“Escrow Agreement”), is by and among DAVID LERNER ASSOCIATES, INC., a New York corporation (“Agent”), APPLE REIT NINE, INC., a Virginia corporation (“Company”), and BRANCH BANKING and TRUST Company., a North Carolina Banking Corporation, as Escrow Agent hereunder (“Escrow Agent”).

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ADVISORY AGREEMENT BETWEEN APPLE REIT NINE, INC. AND APPLE NINE ADVISORS, INC.
Advisory Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia

THIS ADVISORY AGREEMENT, dated as of April 23, 2008, is between APPLE REIT NINE, INC., a Virginia corporation (the “Company”), and APPLE NINE ADVISORS, INC., a Virginia corporation (the “Advisor”).

182,251,082 Units (Common Shares and Series A Preferred Shares) APPLE REIT NINE, INC. Agency Agreement April 16, 2008
Agency Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia

Apple REIT Nine, Inc., a Virginia corporation (the “Company”), is a corporation that will elect to qualify as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”). Subject to the terms and conditions stated herein, the Company proposes to engage David Lerner Associates, Inc. as its managing dealer (the “Agent”) to solicit offers to buy and obtain purchasers for Units, as offered by the Prospectus which is part of the Form S-11 Registration Statement under the Securities Act of 1933 (File No. 333-147414) as filed with the Securities and Exchange Commission. Each Unit refers to one share of common stock, no par value, and one Series A preferred share of the Company registered pursuant to the Registration Statement referred to in the preceding sentence. This will confirm our agreement respecting your engagement as the exclusive agent to solicit offers to buy and obtain purchasers for the Units on a “best efforts”

PROPERTY ACQUISITION/DISPOSITION AGREEMENT
Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia

THIS AGREEMENT is made and entered into as of April 23, 2008, by and between Apple REIT Nine, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).

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