Cole Real Estate Income Strategy (Daily Nav), Inc. Sample Contracts

AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • November 13th, 2014 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New York

This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into, as of September 12, 2014, among Cole Real Estate Income Strategy (Daily NAV) Operating Partnership, LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and JPMorgan Chase Bank, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.

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CREDIT AGREEMENT Dated as of September 6, 2017
Credit Agreement • September 12th, 2017 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New York

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into, as of September 6, 2017, among Cole Real Estate Income Strategy (Daily NAV) Operating Partnership, LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and JPMorgan Chase Bank, N.A., as Administrative Agent and an L/C Issuer. This Agreement amends and restates the Amended and Restated Credit Agreement entered into as of September 12, 2014 (as amended prior to the date hereof, the “Existing Credit Agreement”), among Borrower, each lender from time to time party thereto, and JPMorgan Chase Bank, N.A., as Administrative Agent and L/C Issuer.

AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • December 6th, 2011 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), will issue in a public offering (the “Offering”) shares of its common stock (the “Stock”) pursuant to a registration statement on Form S-11 filed by the Company with the Securities and Exchange Commission. Cole Capital Corporation, an Arizona corporation (the “Dealer Manager”), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement, which amends and restates that certain Escrow Agreement between the parties, dated as of September 21, 2011, to set forth the terms on which UMB BANK, N.A. (the “Escrow Agent”), will, except as otherwise provided herein, hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as: (i) the Company has received subscriptions for at least $10,000,000 in shares of Stock in the Offering (the “Required Capital”); and (ii) in the case of subscriptions received from resident

INDEMNIFICATION AGREEMENT
Indemnification Agreement • September 22nd, 2021 • Cim Income Nav, Inc. • Real estate investment trusts • Maryland

This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of ________________ (the “Effective Date”), by and between CIM Income NAV, Inc., a Maryland corporation (the “Company”), and _______________ (“Indemnitee”).

LOAN AGREEMENT Dated as of September 9, 2014 Between
Loan Agreement • November 13th, 2014 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

THIS LOAN AGREEMENT, dated as of September 9, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is made between PNC BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”) and COLE WG REIDSVILLE NC, LLC, COLE DG INDEPENDENCE (23RD ST.) MO, LLC, COLE KG CEDAR RAPIDS IA, LLC, COLE NG PRESCOTT AZ, LLC, COLE LO FREMONT OH, LLC, COLE CV WISCONSIN RAPIDS WI, LLC, COLE DG GLADWIN MI, LLC, COLE DG LEXINGTON MI, LLC, and ARCP MT ENID OK, LLC, each a Delaware limited liability company, having its principal place of business at 2325 East Camelback Road, Suite 1100, Phoenix, AZ 85016 (each an “Individual Borrower” and collectively, “Borrower”).

SECOND AMENDED AND RESTATED ADVISORY AGREEMENT
Advisory Agreement • November 27th, 2018 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

This SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) is entered into on this the 27th day of November, 2018, by and among CIM INCOME NAV, INC., a Maryland corporation (the “Company”), CIM INCOME NAV OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Operating Partnership”) and CIM INCOME NAV ADVISORS, LLC, a Delaware limited liability company (the “Advisor”).

PURCHASE AND SALE AGREEMENT (Membership Interest)
Purchase and Sale Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of December 8th, 2011, between SERIES C, LLC, an Arizona limited liability company (“Seller”) having an address at 2555 East Camelback Road, Suite 400, Phoenix, AZ 85016, and COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Purchaser”), having an address at 2555 East Camelback Road, Suite 400, Phoenix, AZ 85016.

BORROWING BASE REVOLVING LINE OF CREDIT AGREEMENT DATED AS OF DECEMBER 8, 2011 BY AND AMONG COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP AS BORROWER, AND JPMORGAN CHASE BANK, N.A., AS ADMINISTRATIVE AGENT, AND THE LENDERS...
Borrowing Base Revolving Line of Credit Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

This BORROWING BASE REVOLVING LINE OF CREDIT AGREEMENT (this “Agreement”) dated as of December 8, 2011 is made and entered into by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Borrower”), JPMORGAN CHASE BANK, N.A., a national banking association, in its capacity as Administrative Agent (as hereinafter defined), and the Lenders (as hereinafter defined) party hereto from time to time.

SELECTED DEALER AGREEMENT
Selected Dealer Agreement • May 15th, 2020 • Cim Income Nav, Inc. • Real estate investment trusts • Arizona

CCO Capital, LLC, as the dealer manager (“Dealer Manager”) for CIM Income NAV, Inc. (the “Company”), a Maryland corporation, invites you (the “Dealer”) to participate in the distribution of shares of Class D common stock (“Class D Shares”), Class T common stock (“Class T Shares”), Class S common stock (“Class S Shares”) and Class I common stock (“Class I Shares” and, together with the Class D Shares, Class T Shares and Class S Shares, the “Shares”) of the Company subject to the following terms:

Up to $4,000,000,000 in Class D Shares, Class T Shares, Class S Shares and Class I Shares of Common Stock FOURTH AMENDED AND RESTATED DEALER MANAGER AGREEMENT February 28, 2020
Dealer Manager Agreement • February 28th, 2020 • Cim Income Nav, Inc. • Real estate investment trusts • Arizona

The Company reserves the right to reallocate the Shares included in the Offering between those offered to the public and those offered pursuant to the distribution reinvestment plan. There shall be a minimum purchase by any one person of (i) $2,500 for Class D Shares, Class T Shares and Class S Shares, and (ii) $1,000,000 for Class I Shares, unless otherwise waived by CCO Capital, LLC (the “Dealer Manager”) (except as otherwise indicated in the Prospectus or in any letter or memorandum from the Company to the Dealer Manager). Terms not defined in this Dealer Manager Agreement (the “Agreement”) shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP Dated as of September 28, 2011
Limited Partnership Agreement • November 3rd, 2011 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of September 28, 2011, is entered into by and among Cole Real Estate Income Strategy (Daily NAV), Inc., (f/k/a Cole Office/Industrial Property Trust, Inc., Cole Advisor Corporate Income REIT, Inc. and Cole Real Estate Income Trust, Inc.) a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.

PURCHASE AND SALE AGREEMENT (The Parke — San Antonio, Texas)
Purchase and Sale Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Texas

PURCHASE AND SALE AGREEMENT (“Agreement”) made this 6th day of September, 2011 (“Effective Date”) between HEB GROCERY COMPANY, LP, a Texas limited partnership, successor by merger to H.E. Butt Grocery Company, having an address at 646 South Main Avenue, San Antonio, Texas 78204 (“Seller”), and SERIES C, LLC, an Arizona limited liability company, having an address at c/o Cole Real Estate Investments, 2555 East Camelback Road, Suite 400, Phoenix, Arizona 85016 (Series C, LLC or its permitted assignee pursuant to Section 18.7 below is hereinafter referred to as “Purchaser”).

MASTER PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between RLM/TS BAINBRIDGE, LLC, and RLM/TS BRUNSWICK, LLC, as Seller and SERIES C, LLC as Buyer AUGUST 24, 2011
Master Purchase Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Georgia

WHEREAS, as of the Effective Date, Seller is the fee title owner of those certain parcels of improved property listed by address on Exhibit A attached hereto, and legally described on Exhibit A-1 attached hereto (collectively, the “Real Property”);

THIRD MODIFICATION AGREEMENT
Modification Agreement • May 13th, 2014 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

DATE: January 17, 2014 PARTIES: Borrower: COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership Administrative Agent for the Lenders: JPMORGAN CHASE BANK, N.A., a national banking association Lenders: JPMORGAN CHASE BANK, N.A., a national banking association

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP Dated as of August 26, 2013
Limited Partnership Agreement • August 26th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of August 26, 2013, is entered into by and among Cole Real Estate Income Strategy (Daily NAV), Inc., a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.

SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT February 10, 2017
Dealer Manager Agreement • March 28th, 2017 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

Cole Real Estate Income Strategy (Daily NAV), Inc., a Maryland corporation (the “Company”), is registering for a public sale a maximum of $4,000,000,000 in any combination of its Wrap Class shares (“W Shares”), Advisor Class shares (“A Shares”) and Institutional Class shares (“I Shares” and, together with the W Shares and A Shares, the “Shares”) of its common stock, all $0.01 par value per share (the “Offering”), of which amount $3,500,000,000 in W Shares, A Shares and I Shares are to be offered to the public at a per share purchase price that varies from day-to-day and, on each day, equals, for each class of common stock, the net asset value, or NAV, for such class, divided by the number of shares of such class outstanding as of the end of business on such day (“NAV per share”), plus, for A Shares sold in the Offering only, applicable selling commissions, subject in certain circumstances to waivers or reductions thereof. Up to $500,000,000 in additional W Shares, A Shares and I Shares

FIRST AMENDMENT TO THE ADVISORY AGREEMENT BY AND AMONG COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP AND COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) ADVISORS, LLC
Advisory Agreement • February 13th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts

This FIRST AMENDMENT of the ADVISORY AGREEMENT (this “Amendment”) is made as of February 8, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Operating Partnership”), and COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) ADVISORS, LLC, a Delaware limited liability company (the “Advisor”). This Amendment amends that certain Advisory Agreement, dated as of September 28, 2011, by and among the Company, the Operating Partnership and the Advisor (the “Advisory Agreement”). All capitalized terms not defined herein shall have the meanings given to each in the Advisory Agreement.

COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC. Up to $4,000,000,000 in Shares of Common Stock FORM OF DEALER MANAGER AGREEMENT
Dealer Manager Agreement • December 6th, 2011 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

Cole Real Estate Income Strategy (Daily NAV), Inc., a Maryland corporation (the “Company”), is registering for a public sale a maximum of $4,000,000,000 in shares of its common stock, $0.01 par value per share (the “Offering”), of which amount $3,500,000,000 in shares are to be offered to the public at an initial price of $15.00 per share (collectively the “Shares” or the “Stock”) until the release or proceeds from escrow. Thereafter, the per share purchase price will vary from day-to-day and, on each day, will equal the net asset value of the Company, or NAV, divided by the number of shares of our common stock outstanding as of the end of business on such day (“NAV per share”). Up to $500,000,000 in additional shares are to be offered pursuant to the Company’s distribution reinvestment plan at a price equal to the NAV per share on the distribution date, after giving effect to all distributions.

PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between WXZ RETAIL GROUP/MACOMB, LLC, as Seller and SERIES C, LLC as Buyer September 2, 2011
Purchase Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Michigan

PARTIES: This Purchase Agreement and Escrow Instructions is between WXZ RETAIL GROUP/MACOMB, LLC,, an Ohio limited liability company (“Seller”), and SERIES C, LLC, an Arizona limited liability company (“Buyer”).

COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC. Up to $4,000,000,000 in W Shares, A Shares and I Shares of Common Stock FORM OF AMENDED AND RESTATED DEALER MANAGER AGREEMENT
Dealer Manager Agreement • August 16th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona
Up to $4,000,000,000 in Class D Shares, Class T Shares, Class S Shares and Class I Shares of Common Stock FIFTH AMENDED AND RESTATED DEALER MANAGER AGREEMENT May 12, 2020
Dealer Manager Agreement • May 15th, 2020 • Cim Income Nav, Inc. • Real estate investment trusts • Arizona

The Company reserves the right to reallocate the Shares included in the Offering between those offered to the public and those offered pursuant to the distribution reinvestment plan. There shall be a minimum purchase by any one person of (i) $2,500 for Class D Shares, Class T Shares and Class S Shares, and (ii) $1,000,000 for Class I Shares, unless otherwise waived by CCO Capital, LLC (the “Dealer Manager”) (except as otherwise indicated in the Prospectus or in any letter or memorandum from the Company to the Dealer Manager). Terms not defined in this Dealer Manager Agreement (the “Agreement”) shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:

CBRE, Inc.
Assignment Agreement • May 15th, 2020 • Cim Income Nav, Inc. • Real estate investment trusts
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ACCORDION INCREASE AND LENDER JOINDER AGREEMENT (With Amendment to Section 2.14 of Credit Agreement)
Accordion Increase and Lender Joinder Agreement • October 18th, 2016 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New York

DATE: October 12, 2016 PARTIES: Borrower: COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership Administrative Agent for the Lenders: JPMORGAN CHASE BANK, N.A. Accordion Lenders:New Lender: Lenders described on the signature pages hereto as “Accordion Lenders” (which includes the New Lender)COMERICA BANK

MASTER PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between THE ENTITIES IDENTIFIED ON THE ATTACHED EXHIBIT A as Seller and SERIES C, LLC as Buyer September 12, 2011
Master Purchase Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Ohio

WHEREAS, as of the Effective Date, each Seller identified on Exhibit A attached hereto is fee title owners of the applicable parcel of improved property listed by address on Exhibit A, and legally described on Exhibit A-1 attached hereto (collectively, the “Real Property”);

SECOND MODIFICATION AGREEMENT
Modification Agreement • November 9th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

PARTIES: Borrower: COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership

FORM OF FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • August 16th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this “Amendment”) is entered into as of this [ ] day of [ ], 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE CAPITAL CORPORATION, an Arizona corporation (the “Dealer Manager”) and UMB BANK, N.A. (the “Escrow Agent”).

Re: CIM Income NAV, Inc. – Advisory Agreement
Advisory Agreement • September 22nd, 2021 • Cim Income Nav, Inc. • Real estate investment trusts • Arizona

This letter agreement sets forth certain agreements and understandings that each of CIM Income NAV Management, LLC (f/k/a CIM Income NAV Advisors, LLC), a Delaware limited liability company (the “Advisor”), CIM Income NAV Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), and CIM Income NAV, Inc., a Maryland corporation (the “Company”), has agreed to undertake in connection with the Company’s proposed business combination (the “Merger”) with CIM Real Estate Finance Trust, Inc., a Maryland corporation (“CMFT”), and Cypress Merger Sub, LLC, a Maryland limited liability company (“Merger Sub”), pursuant to the Agreement and Plan of Merger, dated as of the date hereof (and as hereafter amended, the “Merger Agreement”), among CMFT, Merger Sub and the Company. Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Second Amended and Restated Advisory Agreement, dated as of November 27, 2018 (the “Adviso

THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CIM INCOME NAV OPERATING PARTNERSHIP, LP Dated as of November 27, 2018
Limited Partnership Agreement • November 27th, 2018 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Delaware

THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of November 27, 2018, is entered into by and among CIM Income NAV, Inc., a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.

SECOND AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • November 15th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts

THIS SECOND AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this “Amendment”) is entered into as of this 28th day of October, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE CAPITAL CORPORATION, an Arizona corporation (the “Dealer Manager”) and UMB BANK, N.A. (the “Escrow Agent”).

FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • August 26th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this “Amendment”) is entered into as of this 26th day of August, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE CAPITAL CORPORATION, an Arizona corporation (the “Dealer Manager”) and UMB BANK, N.A. (the “Escrow Agent”).

MODIFICATION AGREEMENT
Modification Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and Lenders agree as follows:

MASTER PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between WESTLAND DEVCO LLC as Seller and SERIES C, LLC as Buyer August 18, 2011
Master Purchase Agreement • March 30th, 2012 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New Mexico

WHEREAS, as of the Effective Date, Seller is the fee title owner of those certain parcels of improved property listed by address on Exhibit A attached hereto, and legally described on Exhibit A-1 attached hereto (collectively, the “Real Property”);

AGREEMENT AND PLAN OF MERGER BY AND AMONG CIM REAL ESTATE FINANCE TRUST, INC., CYPRESS MERGER SUB, LLC, AND CIM INCOME NAV, INC. DATED AS OF SEPTEMBER 21, 2021
Merger Agreement • September 22nd, 2021 • Cim Income Nav, Inc. • Real estate investment trusts • Maryland

This AGREEMENT AND PLAN OF MERGER, dated as of September 21, 2021 (this “Agreement”), is entered into by and among CIM Real Estate Finance Trust, Inc., a Maryland corporation (“CMFT”), Cypress Merger Sub, LLC, a Maryland limited liability company and a wholly owned subsidiary of CMFT (“Merger Sub”), and CIM Income NAV, Inc., a Maryland corporation (“INAV”). Each of CMFT, Merger Sub and INAV is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article 1.

ACCORDION INCREASE AND LENDER JOINDER AGREEMENT
Accordion Increase and Lender Joinder Agreement • February 1st, 2017 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New York
FIRST MODIFICATION AGREEMENT
Modification Agreement • October 1st, 2015 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • New York

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:

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