FORM OF SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P.Limited Partnership Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. dated as of [ ], 2010, is entered into among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as General Partner, NEW YORK RECOVERY SPECIAL LIMITED PARTNERSHIP, LLC, as Special Limited Partner, and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as the Initial Limited Partner, and the Limited Partners party hereto from time to time.
ContractExclusive Dealer Manager Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
FORM OF SECOND AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLCAdvisory Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of , 2010, is entered into among American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
FORM OF AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of , 2010 (this “Agreement”), is entered into 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”).
STANDARD FORM OF LOFT LEASE The Real Estate Board of New York, Inc.Loft Lease • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
Agreement of Lease, made as of this 28 day of September, 2004, between URBAN DEVELOPMENT PARTNERS (61), LLC, having an address c/o Urban Management Partners LLC, The Urban Center, 457 Madison Avenue, New York, New York 10022 party of the first part, hereinafter referred to as OWNER, and Doris Leslie Blau, Ltd., having a principal place of business at 724 Fifth Avenue, New York, New York 10019, Party of the second part, hereinafter referred to as TENANT,
DOCUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Andrews Kurth LLPLoan Assumption Agreement, Release and Amendment of Loan Documents • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
as Mortgagor to DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., as MortgageeMortgage and Security Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS MORTGAGE AND SECURITY AGREEMENT (this “Mortgage”) is dated as of October 9, 2002 and is given by URBAN DEVELOPMENT PARTNERS (61), LLC, a Connecticut limited liability company, as mortgagor (“Mortgagor”), whose address is 457 Madison Avenue, New York, New York 10022, to DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., a Delaware limited liability company, as mortgagee, and its successors and/or assigns (“Mortgagee”), whose address is 31 West 52nd Street, 10th Floor, New York, New York 10019.
NOTE CONSOLIDATION AND MODIFICATION AGREEMENTNote Consolidation and Modification Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS AGREEMENT (this “Agreement”) made as of this 9th day of October, 2002, between DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., having an address at 31 West 52nd Street, 10th Floor, New York, New York 10019 (“Lender”) and URBAN DEVELOPMENT PARTNERS (61), LLC, a Connecticut limited liability company, whose address is 457 Madison Avenue, New York, New York 10022 (“Borrower”).
GUARANTY AND INDEMNITYGuaranty and Indemnity • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
This GUARANTY AND INDEMNITY (“Guaranty”) made as of June 15, 2010, jointly and severally, by AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, whose address is 405 Park Avenue, 15th Floor, New York, New York 10022 (“NYRR”), NICHOLAS S. SCHORSCH, an individual, whose address is ________________________ (“Schorsch”), and WILLIAM M. KAHANE, an individual, whose address is _______________________ (“Kahane”, and together with Schorsch, the “Individual Guarantors”, and individually and collectively and together with NYRR and Schorsch, the “Guarantor”), in favor of U.S. BANK NATIONAL ASSOCIATION, as Trustee (“Lender”), whose address is c/o GEMSA Loan Services, L.P., 1500 City West Boulevard, Suite 200, Houston, Texas 77042.
REIMBURSEMENT AGREEMENTReimbursement Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
This Reimbursement Agreement (this “Agreement”), dated as of June 15, 2010, is entered into by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation (the “Company”), Nicholas S. Schorsch and William M. Kahane.
MORTGAGE CONSOLIDATION AND MODIFICATION AGREEMENTMortgage Consolidation and Modification Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS MORTGAGE AND SECURITY AGREEMENT (this “Mortgage”) is dated as of October 9, 2002 and is given by URBAN DEVELOPMENT PARTNERS (61), LLC, a Connecticut limited liability company, as mortgagor (“Mortgagor”), whose address is 457 Madison Avenue, New York, New York 10022, to DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., a Delaware limited liability company, as mortgagee, and its successors and/or assigns (“Mortgagee”), whose address is 31 West 52nd Street, 10th Floor, New York, New York 10019.
MANAGEMENT AGREEMENTManagement Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
This Management Agreement (“Agreement”) is made as of June 21, 2010 between ARC NYRR 61st Street LLC, a Delaware limited liability company ("Owner") and CB Richard Ellis, Inc., a Delaware corporation ("Manager") with reference to the following facts:
