0001104659-05-007344 Sample Contracts

SECURITIES PURCHASE AGREEMENT
Securities Purchase Agreement • February 18th, 2005 • First Union Real Estate Equity & Mortgage Investments • Real estate investment trusts • New York

THIS SECURITIES PURCHASE AGREEMENT, dated as of February 16, 2005 (this “Agreement”), is by and between First Union Real Estate Equity and Mortgage Investments, an unincorporated association in the form of a business trust organized in Ohio (the “Company”) and Kimco Realty Corporation, a Maryland corporation (the “Investor”).

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