0001474464-12-000014 Sample Contracts

THIRD 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 August 7, 2012
Advisory Agreement • August 7th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

THIS THIRD AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of August 7, 2012 (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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LOAN AGREEMENT
Loan Agreement • August 7th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

THIS LOAN AGREEMENT (this “Agreement”) is made effective as of the 12th day of July, 2012, by and between PEOPLE’S UNITED BANK, a federal savings bank having an office at 850 Main Street, Bridgeport, Connecticut 06604 (the “Lender”), ARC NYKNGHW001, LLC, a Delaware limited liability company, ARC NYKNGHW002, LLC, a Delaware limited liability company, and ARC NYKNGHW003, LLC, a Delaware limited liability company, each having an address c/o American Realty Capital, 405 Park Avenue, 15th Floor, New York, New York 10022 (collectively, the “Borrower”), and NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an address c/o American Realty Capital, 405 Park Avenue, 15th Floor, New York, New York 10022 (the “Guarantor”).

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