0001193125-13-107794 Sample Contracts

CUSTODY AGREEMENT
Custody Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • Minnesota

THIS AGREEMENT is made and entered into this 20th day of September, 2011, by and between THE CUSHING ROYALTY AND INCOME FUND, a Delaware statutory trust (the “Fund”) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America with its principal place of business at Minneapolis, Minnesota (the “Custodian”).

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FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • Delaware

THIS AGREEMENT is made and entered into as of this 21st day of February, 2012, by and between THE CUSHING ROYALTY & INCOME FUND, a Delaware statutory trust (the “Fund”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • Delaware

THIS AGREEMENT is made and entered into as of this 21st day of February, 2012, by and between THE CUSHING ROYALTY & INCOME FUND, a Delaware statutory trust (the “Fund”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • Delaware

THIS AGREEMENT is made and entered into this 21st day of February, 2012, by and between THE CUSHING ROYALTY & INCOME FUND, a Delaware statutory trust (the “Fund”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

Prime Brokerage Account Agreement
Prime Brokerage Account Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • New York

This agreement (including all terms, schedules, annexes, supplements and exhibits attached hereto, this “Agreement”) is entered into between Customer specified on the signature page hereof (“Customer”) and Merrill Lynch Professional Clearing Corp. (“Prime Broker”), on behalf of itself and as agent for the BofAML Entities. This Agreement contains the terms and conditions upon which Prime Broker agrees to open and maintain one or more accounts (“Prime Broker Account”) for margin, execution, settlement and other products or services, and otherwise to transact business with Customer.

SPECIAL CUSTODY ACCOUNT AGREEMENT
Special Custody Account Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • New York

This SPECIAL CUSTODY ACCOUNT AGREEMENT (“Agreement”), dated as of February 27, 2012, by and among The Cushing Royalty & Income Fund (“Customer”), U.S. Bank, N.A. (“Custodian”), and Merrill Lynch Professional Clearing Corp. (“Broker”).

THE CUSHING ROYALTY & INCOME FUND FIRST AMENDMENT TO THE CUSTODY AGREEMENT
Custody Agreement • March 14th, 2013 • Cushing Royalty & Income Fund • Delaware

THIS FIRST AMENDMENT, dated as of the 21ST day of February, 2012, to the Custody Agreement dated as of September 20, 2011 (the “Agreement”), is entered into by and between THE CUSHING ROYALTY & INCOME FUND, a Delaware statutory trust, (the “Fund”) and U.S. BANK, N.A., a national banking association (the “Custodian”).

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