0001144204-13-035283 Sample Contracts

FIFTH 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, LLC Dated as of June 17, 2013
Advisory Agreement • June 17th, 2013 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

THIS FIFTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of June 17, 2013 (this “Agreement”), 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.

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