AMENDMENT TO THE MANAGEMENT AGREEMENT
AMENDMENT
TO
THE
This
amendment to that certain Management Agreement (this "Amendment") dated January
25, 2008 is made
and
entered into as of the 30 day of April, 2008, by and among AMERICAN REALTY
CAPITAL TRUST,
INC., a Maryland corporation (the "Company"), AMERICAN REALTY CAPITAL OPERATING
PARTNERSHIP, L.P., a Delaware limited partnership (the "OP", and together
with
the Company,
the "Owner"), ARC ROCK17MA LLC, a Delaware limited liability company (the
"Rockland
Owner"), and AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Delaware limited
liability
company (the "Manager").
WHEREAS,
the OP was organized to acquire, own, operate, lease and manage real estate
properties on behalf
of
the Company;
WHEREAS,
the Rockland Owner, a subsidiary of the OP, was organized to acquire, own,
operate, lease and manage the Rockland Bank branch real estate properties,
identified in Exhibit
A
hereto,
on behalf of the
Company (the "Rockland Properties");
WHEREAS,
the Company intends to continue to raise money from the sale of its common
stock
to be used,
net
of payment of certain offering costs and expenses, for investment in the
acquisition or rehabilitation
of income-producing real estate to be acquired and held by the Company, by
the
OP or by the
Rockland Owner on behalf of the Company; and
WHEREAS,
Owner and the Rockland Owner wish to retain Manager to manage and coordinate
the
leasing
of the real estate properties acquired by Owner and Rockland Owner, and the
Manager wishes to be
so
retained, all under the terms and conditions set forth in this Management
Agreement.
NOW,
THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending
to be legally bound
hereby, do hereby agree as follows:
1. Section
1.11 will be replaced in its entirety with the following:
"Properties
means
all real estate properties owned by Owner and all tracts as yet unspecified
but
to be acquired by Owner containing income-producing Improvements or on which
Owner will rehabilitate
income-producing Improvements, and
the
Rockland Properties.
Properties shall be classified under four categories, residential, retail,
industrial and office properties."
2. With
respect to the Rockland Properties alone, all references to Owner herein
shall
be deemed to include
the Rockland Owner.
[Signatures
appear on next page]
IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date
first
above written.
By:
Name:
Title:
AMERICAN
REALTY CAPITAL
OPERATING
PARTNERSHIP, L.P.
its
General Partner
By:
/s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx
X. Xxxxxx
Title:
President
AMERICAN
REALTY CAPITAL PROPERTIES,
LLC
By:
Name:
Title:
ARC
ROCK17MA LLC
By:
/s/ Xxxxxxx X. Xxxxxx
Name: Xxxxxxx
X. Xxxxxx
Title:
President
IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date
first
above written.
By:
/s/ Xxxxx X. Block
Name:
Xxxxx X. Block
Title:
CFO
AMERICAN
REALTY CAPITAL
OPERATING
PARTNERSHIP, L.P.
its
General Partner
By:
Name:
Title:
AMERICAN
REALTY CAPITAL PROPERTIES,
LLC
By:
/s/ Xxxxx X. Block
Name:
Xxxxx X. Block
Title:
CFO
ARC
ROCK17MA LLC
By:
Name:
Title:
EXHIBIT
A
LIST
OF REAL PROPERTY OWNED BY ROCKLAND OWNER
|
1.
|
0
Xxxxxxxx Xxxx, Xxxxxxxx, XX
|
|
2.
|
280,
288, 000-000 Xxxxx Xxxxxx, Xxxxxxxx, XX
|
|
3.
|
0
Xxxxxxx, Xxxxxxxxxx, XX
|
|
4.
|
000
Xxxx Xxxxxx, Xxxxxxx, XX
|
|
5.
|
00
Xxxxx Xxxx Xxxxxx, Xxxxxxxx, XX
|
|
6.
|
000
Xxxxxxx Xxxxxx, Xxxxx Xxxxxxxx, XX
|
|
7.
|
000
Xxxx Xxxxxx, Xxxxxxx, XX
|
|
8.
|
000
Xxxxxx Xxxxxx, Xxxxxxxx, XX
|
|
9.
|
00
Xxxx Xxxxxx, Xxxxxxx, XX
|
|
10.
|
000
Xxxx Xxxxxx, Xxxx Xxxxxx, XX
|
|
11.
|
00
Xxx Xxxx, Xxxxxxx, XX
|
|
12.
|
000
Xxxxxxxx Xxxx, Xxxxxxx, XX
|
|
13.
|
00
Xxxxx Xxxxxx, Xxxxxxxx, XX
|
|
14.
|
0000
Xxxxxxxx Xxxx, Xxxxxxxxxxx, XX
|
|
15.
|
000
Xxxx Xxxxxx, Xxxxxxxxxx, XX
|
|
16.
|
000
Xxxxxxxxx Xxxxxx, Xxxx, XX
|
|
17.
|
000
Xxxxx Xxxx Xxxxxx, Xxxxxxxx,
XX
|
