0001398344-26-007927 Sample Contracts

SECOND AMENDED AND RESTATED BY-LAWS OF BLUEROCK TOTAL INCOME+ REAL ESTATE FUND A Delaware Statutory Trust
By-Laws • April 30th, 2026 • Bluerock Private Real Estate Fund

These Second Amended and Restated By-Laws (the “By-Laws”) of Bluerock Total Income+ Real Estate Fund, a Delaware statutory trust, are subject to the Amended and Restated Agreement and Declaration of Trust dated as of September 26, 2025, as from time to time amended, supplemented or restated (the “Declaration of Trust”). Capitalized terms used herein and not herein defined have the same meanings as in the Declaration of Trust. In the event of any inconsistency between the terms hereof and the terms of the Declaration of Trust, the terms of the Declaration of Trust shall control.

AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST
Agreement and Declaration of Trust • April 30th, 2026 • Bluerock Private Real Estate Fund

WHEREAS, this Trust was formed pursuant to a Certificate of Trust of the Trust (then known as Bluerock Total Alternatives Real Estate Fund) filed in the Office of the Secretary of State of the State of Delaware (the “State Office”) on May 25, 2012 (the “Original Certificate”) and the adoption of an Agreement and Declaration of Trust of the Trust dated as of May 25, 2012 (the “Original Trust Agreement”) to carry on the business of an investment company;

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST OF BLUEROCK PRIVATE REAL ESTATE FUND
Amended and Restated Agreement and Declaration of Trust • April 30th, 2026 • Bluerock Private Real Estate Fund

Pursuant to Article IX, Section 6 of the Amended and Restated Agreement and Declaration of Trust, dated September 26, 2025, as amended (the “Declaration”), of Bluerock Private Real Estate Fund (then named Bluerock Total Income+ Real Estate Fund) (the “Trust”), the undersigned Trustees of the Trust hereby amend the Declaration as set forth below. Capitalized terms used herein and not otherwise defined herein are used as defined in the Declaration.