0000950133-04-002314 Sample Contracts

CAPITAL AUTOMOTIVE REIT, as Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee SECOND SUPPLEMENTAL TRUST INDENTURE Dated as of May 12, 2004 Providing for Issuance of 6% CONVERTIBLE NOTES DUE MAY 15, 2024
Second Supplemental Trust Indenture • June 4th, 2004 • Capital Automotive Reit • Real estate investment trusts • New York

THIS SECOND SUPPLEMENTAL TRUST INDENTURE is made as of this 12th day of May, 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”).

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FORM OF DEPOSIT AGREEMENT
Deposit Agreement • June 4th, 2004 • Capital Automotive Reit • Real estate investment trusts • Maryland

This DEPOSIT AGREEMENT is made and entered into as of , 200 by and among Capital Automotive REIT, a Maryland real estate investment trust (the “Company”), , a , as Depositary, and all holders from time to time of Receipts (as hereinafter defined) issued hereunder.

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