0000950133-02-003722 Sample Contracts

GUARANTY
Guaranty • November 13th, 2002 • Capital Automotive Reit • Real estate investment trusts • Michigan

This GUARANTY is made as of this 29th day of March, 2002, by Capital Automotive REIT, a real estate investment trust formed under the laws of Maryland (“Guarantor”) to Comerica Bank, as the Agent (“Agent”) for and on behalf of the Lenders (as defined below).

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May 1, 2002 Capital Automotive L.P. 1420 Spring Hill Road Suite 525 McLean, VA 22102 Attention: Treasurer and General Counsel
Capital Automotive Reit • November 13th, 2002 • Real estate investment trusts

Re: First Amendment (“First Amendment”) to the Capital Automotive L.P. Revolving Credit and Term Loan Agreement dated as of March 29, 2002, by and among the financial institutions from time to time signatory thereto (each a “Lender”, and collectively the “Lenders”), Comerica Bank, as Agent for the Lenders (in such capacity, “Agent”), Capital Automotive L.P. (“Company”) and the Co-Borrowers from time to time signatory thereto (collectively with the Company, the “Borrowers”) (as amended, the “Credit Agreement”)

FIRST AMENDMENT TO GUARANTY October 17, 2002
Capital Automotive Reit • November 13th, 2002 • Real estate investment trusts

Re: First Amendment (“First Amendment”) to the Guaranty Agreement dated as of March 29, 2002, executed and delivered by Capital Automotive REIT (“Guarantor”) (as amended, the “Guaranty”), under and in connection with the Capital Automotive L.P. Revolving Credit and Term Loan Agreement dated as of March 29, 2002, by and among the financial institutions from time to time signatory thereto (each a “Lender”, and collectively the “Lenders”), Comerica Bank, as Agent for the Lenders (in such capacity, “Agent”), Capital Automotive L.P. (“Company”) and the Co-Borrowers from time to time signatory thereto (collectively with the Company, the “Borrowers”), as amended by that certain First Amendment to Credit Agreement dated as of May 1, 2002 (as amended, the “Credit Agreement”)

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