0001474464-12-000019 Sample Contracts

THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. ________________________________- _____________________ Dated as of November 12, 2012 _____________________________________________________
Limited Partnership Agreement • November 13th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • Delaware

THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. dated as of November 12, 2012, is entered into among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as General Partner, New York Recovery Special Limited Partnership, LLC, as Special Limited Partner, and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as the Initial Limited Partner, and the Limited Partners party hereto from time to time.

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FOURTH 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 November 12, 2012
Advisory Agreement • November 13th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

THIS FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of November 12, 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.

ASSIGNMENT, ASSUMPTION AND ALLOCATION AGREEMENT
Assignment, Assumption and Allocation Agreement • November 13th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York

This ASSIGNMENT, ASSUMPTION AND ALLOCATION AGREEMENT (this “Agreement”) is entered into as of November 12, 2012, between American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”) and New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “OP”, and, together with the Company, the “Parties”).

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