0001308606-14-000025 Sample Contracts

PROPERTY MANAGEMENT AND SERVICING AGREEMENT Dated as of December 23, 2013
Property Management and Servicing Agreement • March 4th, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

This PROPERTY MANAGEMENT AND SERVICING AGREEMENT, dated as of December 23, 2013 (as amended, modified or otherwise modified, the “Agreement”), is made among Spirit Master Funding VII, LLC, as an issuer, and each Joining Party, each as an issuer (each, an “Issuer” and, collectively, the “Issuers”), Spirit Realty, L.P. (“Spirit Realty”), as property manager and special servicer (together with its successors in such capacities, the “Property Manager” and “Special Servicer,” respectively), and Midland Loan Services, a division of PNC Bank, National Association, as Back-Up Manager (together with its successors in such capacity, the “Back-Up Manager”).

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MASTER INDENTURE DATED AS OF DECEMBER 23, 2013 BETWEEN SPIRIT MASTER FUNDING VII, LLC, AS AN ISSUER, AND
Master Indenture • March 4th, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

MASTER INDENTURE, dated as of December 23, 2013 (as amended, modified or supplemented from time to time as permitted hereby, the “Indenture”), between Spirit Master Funding VII, LLC, a Delaware limited liability company, as an issuer (the “Issuer”), and Citibank, N.A., a national banking association, not in its individual capacity, but solely as Indenture Trustee (the “Indenture Trustee”) under this Indenture.

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