Exhibit 10.20
SECOND TERM NOTE
$100,990.31 WHEELING, WV
DECEMBER , 2001
FOR VALUE RECEIVED, the undersigned, WHEELING CITY CENTER HOTEL, LLC, a
West Virginia limited liability company (hereinafter called "Borrower"),
promises to pay to the order of WESBANCO BANK, INC., a West Virginia banking
corporation (hereinafter called "Bank"), at its principal office, One Bank
Plaza, Wheeling, West Virginia, or such other place as the holder may designate
in writing, the principal sum of ONE HUNDRED THOUSAND NINE HUNDRED NINETY
DOLLARS AND THIRTY-ONE CENTS ($100,990.31), together with interest on the unpaid
balance hereof at a variable rate equal to the Bank's Base Rate, plus one
percent (1%), per annum, fluctuating annually. The term Base Rate shall mean the
rate of interest announced by the Bank from time to time as its prevailing
commercial rate.
Upon the occurrence of an Event of Default, as defined by Section 8 of
that certain Loan and Security Agreement of even date herewith, the Bank may, in
its sole discretion, increase the interest rate on this Term Note by 2.0
percentage points.
The principal balance outstanding under this Term Note shall be
amortized on the basis of a ____________ term. Beginning on the 30th day of
____________, 2001, Borrower shall make consecutive monthly installments in the
minimum amount of Three Thousand Four Hundred Ninety-two ($3,492.00), principal
and interest, and continuing on the same day of each month thereafter until
repaid in full. Adjustments in the interest rate as above provided shall
automatically adjust the monthly payment to insure a level amortization of
principal over the term of the Second Term Note. Any unpaid principal balance
and all unpaid and accrued interest, if not sooner paid, shall be paid in full
on the 17th day of May, 2004.
All payments on account of the indebtedness evidenced by the Second
Term Note shall be applied first to interest and then to the reduction of
principal. This Second Term Note is issued pursuant to Section 1.3 of that
certain Loan and Security Agreement dated of even date herewith between the
Borrower, the Bank and others, and reference is made to said agreement for
rights as to the acceleration of the indebtedness evidenced by the Second Term
Note.
Presentment, notice of dishonor and protest are hereby waived by all
makers, sureties, guarantors and endorsers hereof. This Second Term Note shall
be the joint and several obligation of all makers, sureties, guarantors and
endorsers and shall be binding upon them and their successors and assigns.
The indebtedness evidenced by this Second Term Note is secured by a
Deed of Trust, Security Agreement, and a Loan and Security Agreement of even
date herewith and references are hereby made to said instruments for rights as
to acceleration of the indebtedness evidenced by this Second Term Note.
This Second Term Note is in substitution of a certain Term Note dated
May 17, 2001, wherein XxXxxx House Hotel & Conference Center, LLC is the
Borrower, Wesbanco Bank, Inc. is Lender, and the terms of each Note are
essentially the same. No new money will be advanced to Borrower by Lender under
this Second Term Note.
BORROWER:
WHEELING CITY CENTER HOTEL, LLC, A WEST
VIRGINIA LIMITED LIABILITY COMPANY
BY_____________________________________
ITS ______________________
GUARANTORS:
PELICAN PROPERTIES, INTERNATIONAL
CORP., A FLORIDA CORPORATION
BY_____________________________________
ITS ______________________
XXXXXX HOUSE HOTEL & CONFERENCE
CENTER, LLC, A WEST VIRGINIA LIMITED
LIABILITY COMPANY
BY_____________________________________
ITS ______________________
