0000950133-04-001808 Sample Contracts

CAPITAL AUTOMOTIVE REIT, as Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of April 15, 2004 Providing for Issuance of DEBT SECURITIES IN SERIES
Indenture • May 6th, 2004 • Capital Automotive Reit • Real estate investment trusts • New York

INDENTURE, dated as of April 15, 2004, between CAPITAL AUTOMOTIVE REIT, a real estate investment trust organized under the laws of the State of Maryland (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee”).

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CAPITAL AUTOMOTIVE REIT, as Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee FIRST SUPPLEMENTAL TRUST INDENTURE Dated as of April 15, 2004 Providing for Issuance of 6.75% MONTHLY INCOME NOTES DUE 2019
First Supplemental Trust Indenture • May 6th, 2004 • Capital Automotive Reit • Real estate investment trusts • New York

THIS FIRST SUPPLEMENTAL TRUST INDENTURE is made as of this 15th day of April, 2004 (the “Supplemental Indenture”), by and between Capital Automotive REIT, a real estate investment trust organized under the laws of the State of Maryland, as issuer (the “Company”), and Wells Fargo Bank, National Association, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee”).

FOURTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CAPITAL AUTOMOTIVE L.P.
Second Amended and Restated Agreement of Limited Partnership • May 6th, 2004 • Capital Automotive Reit • Real estate investment trusts

This Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership of Capital Automotive L.P. (“Fourth Amendment”) is entered into this 4th day of May, 2004, by Capital Automotive REIT, a Maryland real estate investment trust (the “General Partner”), as general partner of Capital Automotive L.P. (the “Partnership”).

THIRD AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF CAPITAL AUTOMOTIVE L.P.
Agreement of Limited Partnership • May 6th, 2004 • Capital Automotive Reit • Real estate investment trusts

This Third Amendment to the Second Amended and Restated Agreement of Limited Partnership of Capital Automotive L.P. (“Third Amendment”) is entered into this 27th day of April, 2004, by Capital Automotive REIT, a Maryland real estate investment trust (the “General Partner”), as general partner of Capital Automotive L.P. (the “Partnership”).

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