AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P. Date as of August 15, 2011Limited Partnership Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY TRUST OPERATING PARTNERSHIP II, L.P. (this “Agreement”) dated as of August 15, 2011, is entered into among AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL ADVISORS II, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC. UP TO $1,737,499,995 OF SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT August 15, 2011Exclusive Dealer Manager Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
American Realty Capital Daily Net Asset Value Trust, Inc. (the “ Company ”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “ REIT ”) for federal income tax purposes beginning with the taxable year ending December 31, 2012, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to $1,499,999,995 of shares of its common stock, $.01 par value per share, consisting of Retail Shares and Institutional Shares (the “ Primary Shares ”), in the primary offering (the “ Primary Offering ”), and (b) up to $237,500,000 of shares of its common stock (the “ DRP Shares ” and, together with the Primary Shares, the “ Shares ”) for issuance through the Company’s distribution reinvestment plan (the “ DRP ” and together with the Primary Offering, the “ Offering ”) (subject to the right of the Company to reallocate such Shares between the Primary Shares and the DRP Shares), all upon the other terms and su
SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of August 15, 2011 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Daily Net Asset Value Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management & Real Estate • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
This property management and leasing agreement (this “Management Agreement”) is made and entered into as of the 15th day of August, 2011, by and among AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., a Delaware limited partnership (the “OP”), and AMERICAN REALTY CAPITAL PROPERTIES II, LLC, a Delaware limited liability company (the “Manager”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYPurchase and Sale Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AMERICAN REALTY CAPITAL II, LLC (“Buyer”), and SMALL, LLC (“Seller”).
GUARANTYGuaranty • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • Ohio
In consideration of the extension of credit by FIRST PLACE BANK ("Lender"), whose mailing address is 724 Boardman Poland Road, Youngstown, Ohio 44512, to ARCDV DGATNIL001, LLC; ARCDV FDWVLMS1, LLC, ARCDV FDGTRMS1, LLC; and ARCDV FDKNSOK001, LLC, each a Delaware limited liability company (individually, a "Borrower" and, collectively, the "Borrowers"), as evidenced by Borrowers' Note ("Note") in the principal amount of One Million Five Hundred Thirty Thousand Dollars ($1,530,000.00) (the "Loan"); a Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing Financing Statement, Mortgage, Assignment of Rents and Leases and Security Agreement or Deed of Trust, Assignment of Rents and Leases and Security Agreement, as the case may be (collectively the "Mortgages") on each of four (4) properties identified as the "Mortgaged Property" in the Note, all of even date herewith (hereinafter collectively referred to as the "Obligations"), and other good and valuable consideratio
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYPurchase and Sale Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AMERICAN REALTY CAPITAL II, LLC (“Buyer”), and Triple C Development, Inc. (“Seller”).
FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P.Agreement of Limited Partnership • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P. (this "Amendment"), is made this November, by and between, AMERICAN REALTY CAPITAL DAILY NET ASSED VALUE TRUST, INC., a Maryland corporation, as general partner (the "General Partner") and AMERICAN REALTY CAPITAL ADVISORS III, LLC, a Delaware limited liability company (the "Initial Limited Partner").
ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., AND AMERICAN REALTY CAPITAL ADVISORS II, LLC Dated as of August 15, 2011Advisory Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “ Agreement ”) dated as of August 15, 2011, is entered into among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Operating Partnership II, L.P., a Delaware limited partnership (the “ Operating Partnership ”), and American Realty Capital Advisors II, LLC, a Delaware limited liability company.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYPurchase and Sale Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging to the extent not encumbered, restricted or reserved as contemplated by this Special Warranty Deed unto Grantee and its successors and assigns forever.
