0001104659-12-008153 Sample Contracts

AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENT
Advisory Agreement • February 9th, 2012 • BRT Realty Trust • Real estate investment trusts • New York

Amendment No. 1 (the “Amendment”) dated as of December 8, 2011 and effective as of January 1, 2012 to the Amended and Restated Advisory Agreement dated as of January 1, 2007, by and between BRT Realty Trust and REIT Management Corp. (the “Agreement”).

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Contract
Note • February 9th, 2012 • BRT Realty Trust • Real estate investment trusts • New Jersey

AFTER THE ENDORSEMENT OF THIS NOTE AS HEREIN PROVIDED, THIS NOTE MAY NOT BE ASSIGNED, PLEDGED, ENDORSED OR OTHERWISE TRANSFERRED EXCEPT TO A SUCCESSOR OF THE PURCHASER UNDER THE BOND AGREEMENT REFERRED TO HEREIN.

BOND AGREEMENT By and Among NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY and RBH- TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC and TD BANK, N.A. as Purchaser Dated as of December 1, 2011
Bond Agreement • February 9th, 2012 • BRT Realty Trust • Real estate investment trusts • New Jersey

THIS BOND AGREEMENT dated as of December 1, 2011 by and among the NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY (the “Authority”), a public body corporate and politic constituting an instrumentality of the State of New Jersey, RBH-TRB EAST MEZZ URBAN RENEWAL ENTITY, LLC (the “Borrower”), a New Jersey limited liability company and TD BANK, N.A., a national banking association, organized and existing under the laws of the United States of America (the “Purchaser”).

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