0001144204-10-003969 Sample Contracts

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FORM OF SUBSCRIPTION ESCROW AGREEMENT
Form of Subscription Escrow Agreement • January 28th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

THIS SUBSCRIPTION ESCROW AGREEMENT (this “Escrow Agreement”), dated as of , 2010, is entered into by and among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital New York Recovery REIT, Inc. (the “Company”) and Wells Fargo Bank, National Association, as Escrow Agent (the “Escrow Agent”).

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