Form of Mortgage. THIS MORTGAGE, dated as of _______ ___, ____ and which includes a security agreement, an assignment of leases, rents and profits, a financing statement and a fixture filing, is made by [Insert name of owner/mortgagor] ("Mortgagor"), a [ ] corporation whose address is __________________________ ("Mortgagor"), to THE CHASE MANHATTAN BANK, a New York banking corporation whose address is 270 Park Avenue, New York, New York 10017, as Collateral Xxxxx ("Xxxxxxxxx") xxx [(x) xxxxxx, (x) the banks and other financial institutions (collectively, the "Lenders") (together with any banking affiliate of any Lender entering into any Hedging Agreement) from time to time parties to the Credit Agreement, dated as of October 6, 1998, as amended and restated as of February __, 2000 (as the same may be further amended, waived, supplemented or otherwise modified from time to time and together with any successor agreement, the "Credit Agreement") among
Form of Mortgage. Within ten (10) Business Days following the Fifteenth Amendment Closing Date, Foothill and Borrower shall negotiate and agree on the basic form of Leasehold Mortgage to be used to encumber the Leasehold Mortgage Properties, with such basic form of Leasehold Mortgage to be modified as necessary to comply with the respective laws of the states in which such Leasehold Mortgage Properties are located.
Form of Mortgage. Each Mortgage or deed of trust and Mortgage Note ---------------- is substantially in the form of the Mortgage and Mortgage Note attached as Exhibit E hereto.
Form of Mortgage. Within ten (10) Business Days following the Effective Date of this Agreement, Lender and Borrower shall negotiate and agree on the basic form of Mortgage to be used to encumber the Mortgaged Properties which are owned in fee by Borrower or Borrower's Subsidiaries, with such basic form of Mortgage to be modified as necessary and appropriate (a) to encumber the Mortgaged Properties in which Borrower or Borrower's Subsidiary owns a leasehold interest, and (b) to comply with the respective laws of the state in which such Mortgaged Properties are located.
Form of Mortgage. Exhibit J.........Form of Assignment of Account Agreement
Form of Mortgage. The Property includes all material property and rights which may be reasonably necessary or desirable for the use, if any, of the Property;
Form of Mortgage. Acceleration: Declare the Obligations to be immediately due and payable, without notice of intent to accelerate, notice of acceleration or any further notice, presentment, protest, demand or action of any nature whatsoever (each of which hereby is expressly waived by Grantor), whereupon the same become immediately due and payable.
Form of Mortgage. THUS DONE AND PASSED, in the State of California, County of Los Angeles, on the day of December, 2005, in the presence of the undersigned competent witnesses, who hereunder sign their names with Trustor and me, Notary, after due reading of the whole. PNK (BOSSIER CITY), INC., a Louisiana corporation By: Name: Title: My Commission Expires:__________________________ THUS DONE AND PASSED, in the State of California, County of Los Angeles, on the day of December, 2005, in the presence of the undersigned competent witnesses, who hereunder sign their names with Trustor and me, Notary, after due reading of the whole. XXXXXX COMMERCIAL PAPER INC., as Administrative Agent By: Name: Title: My Commission Expires:__________________________ EXHIBIT A to MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND COLLATERAL ASSIGNMENT OF PROCEEDS executed as of December __, 2005, by PNK (BOSSIER CITY), INC., a Louisiana corporation, as “Trustor”, in favor of XXXXXX COMMERCIAL PAPER INC., in its capacity as Administrative Agent, as “Beneficiary.” Dated as of December __, 2005 Grantor: Casino Magic Corp., a Minnesota corporation Grantor’s Address: c/o Pinnacle Entertainment, Inc. 0000 Xxxxxx Xxxxxx Parkway, Suite 1800 Las Vegas, NV 89109 Trustee: L&GST Corporation Trustee’s Address: 0000 Xxxxx Xxxxxxxxx, Xxxxx 0000 Xxxxxx Xxxx, Xxxxxxxx 00000 Grantee: XXXXXX COMMERCIAL PAPER INC., as Administrative Agent Grantee’s Address: 000 0xx Xxxxxx, 00 xxxxx, Xxx Xxxx, XX 00000 Attn: Xxxxx Xxxxxxxx Legal Description: See Exhibit A attached hereto at page A-1 of this document Reference Prior Documents: Deed of Trust with Assignment of Rents, Security Agreement, and Fixture Filing dated December 17, 2003 and recorded December 22, 2003 as Daily No. 227, in Book 12222003, at Page 0227 in the official real estate records of the City of St. Louis, Missouri. First Amendment to Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing dated August 26, 2004 and recorded September 7, 2004 in Book 09072004, at Page 0487 in the official real estate records of the City of St. Louis, Missouri. THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Xxxxxx & Xxxxxxx LLP 000 Xxxx Xxxxx Xxxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000-0000 Attention: Xxxx Xxxxxxx, Esq. Phone: (000) 000-0000
Form of Mortgage. The Company represents and warrants that it has the full power and lawful authority to grant, bargain, sell, release, convey, warrant, assign, transfer, mortgage, pledge, set over and confirm unto the Administrative Agent the Mortgaged Property and warrants that it will forever defend the title to the Mortgaged Property and the validity and priority of the lien or estate hereof against the claims and demands of all Persons whomsoever.
Form of Mortgage. Give receipts, releases and satisfactions for any and all Rents and any other obligations and duties under the Leases; or