Exhibit 10.13
FIRST TERM NOTE
$2,371,726.50 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 the principal office of the Bank in
Wheeling, West Virginia, or such other place as the holder hereof may designate
in writing, the principal sum of TWO MILLION THREE HUNDRED SEVENTY-ONE THOUSAND
SEVEN HUNDRED TWENTY-SIX DOLLARS AND FIFTY CENTS ($2,371,726.50), together with
interest on the unpaid balance hereof at the fixed rate of Seven and One-half
Percent (7-1/2%) per annum.
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 _________ (____) month term. Beginning on the 30th
day of ___________, 2001, Borrower shall make consecutive monthly installments
in the minimum amount of Seventeen Thousand Seven Hundred Thirty-six Dollars
($17,736.00) per month, with a balloon payment of all remaining principal and
accrued but unpaid interest being due on the 30th day of October, 2003.
Borrower may prepay the principal amount outstanding in whole or in
part. Any partial prepayment shall be applied against the principal amount and
shall not postpone the due date of any subsequent monthly installment or change
the amount of such installment.
All payments on account of the indebtedness evidenced by the First Term
Note shall be applied first to interest and then to the reduction of principal.
This First Term Note is issued pursuant to Section 1.2 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 First Term Note.
Presentment, notice of dishonor and protest are hereby waived by all
makers, sureties, guarantors and endorsers hereof. This First 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 First 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 First Term Note.
This First Term Note is in substitution of a certain Term Note dated
April ____, 1999, wherein XxXxxx House Hotel & Conference Center, LLC is the
Borrower, Wesbanco Bank Wheeling is Lender, and Pelican Properties,
International Corp is Guarantor. No new money will be advanced to Borrower by
Bank under this First 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 ______________________
