0000950152-05-009622 Sample Contracts

SUPPLEMENTAL INDENTURE NO. 5 by and between HEALTH CARE REIT, INC. and THE BANK OF NEW YORK TRUST COMPANY, N.A. As of November 30, 2005 SUPPLEMENTAL TO THE INDENTURE DATED AS OF SEPTEMBER 6, 2002 HEALTH CARE REIT, INC.
Supplemental Indenture • November 30th, 2005 • Health Care Reit Inc /De/ • Real estate investment trusts • Delaware

This SUPPLEMENTAL INDENTURE NO. 5 (this “Supplemental Indenture”) is made and entered into as of November 30, 2005 between HEALTH CARE REIT, INC., a Delaware corporation (the “Company”), and THE BANK OF NEW YORK TRUST COMPANY, N.A., a national banking association and successor to Fifth Third Bank, as Trustee (the “Trustee”).

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HEALTH CARE REIT, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • November 30th, 2005 • Health Care Reit Inc /De/ • Real estate investment trusts • New York

Banc of America Securities LLC Deutsche Bank Securities Inc. UBS Securities LLC As Representatives of the Several Underwriters c/o Deutsche Bank Securities Inc. 60 Wall Street, 3rd Floor New York, New York 10005

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