0001144204-11-004775 Sample Contracts

AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. Date as of ________, 2011
Limited Partnership Agreement • January 28th, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware

THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of , 2011, is entered into among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.

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FORM OF ADVISORY AGREEMENT AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC Dated as of , 2011
Advisory Agreement • January 28th, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York

THIS ADVISORY AGREEMENT dated as of , 2011, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “ Operating Partnership”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.

FORM OF SUBSCRIPTION ESCROW AGREEMENT
Subscription Escrow Agreement • January 28th, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York

THIS SUBSCRIPTION ESCROW AGREEMENT dated as of ___, 2011 (this “ Agreement ”), is entered into among Realty Capital Securities, LLC (the “ Dealer Manager ”), American Realty Capital Healthcare Trust, Inc. (the “ Company ”) and Wells Fargo Bank, National Association, a national banking association, as escrow agent (the “ Escrow Agent ”).

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