0001193125-13-346134 Sample Contracts

AMENDED AND RESTATED ADVISORY AGREEMENT
Advisory Agreement • August 26th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona

This AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) is entered into on this the 26th day of August, 2013, by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Operating Partnership”) and COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) ADVISORS, LLC, a Delaware limited liability company (the “Advisor”).

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SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF COLE REAL ESTATE INCOME STRATEGY (DAILY NAV) OPERATING PARTNERSHIP, LP Dated as of August 26, 2013
Limited Partnership Agreement • August 26th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Delaware

THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of August 26, 2013, is entered into by and among Cole Real Estate Income Strategy (Daily NAV), Inc., a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.

FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT
Escrow Agreement • August 26th, 2013 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts

THIS FIRST AMENDMENT TO AMENDED AND RESTATED ESCROW AGREEMENT (this “Amendment”) is entered into as of this 26th day of August, 2013 by and among COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), COLE CAPITAL CORPORATION, an Arizona corporation (the “Dealer Manager”) and UMB BANK, N.A. (the “Escrow Agent”).

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