EXHIBIT 4(26)
NOTE
[$Amount] Las Vegas, Nevada
December 18, 1998
FOR VALUE RECEIVED, RIO PROPERTIES, INC., a Nevada corporation (the
"Company") and RIO LEASING, INC., a Nevada corporation ("Rio Leasing" and
collectively with the Company, "Borrowers"), jointly and severally promise to
pay to the order of [Bank] (the "Lender"), the principal amount of [Amount] or,
if different, the aggregate principal amount of Loans made by the Lender to the
Company and Rio Leasing under the Loan Agreement referred to below outstanding
on the Maturity Date.
The Borrowers also jointly and severally promise to pay interest on
the unpaid principal amount hereof from the date hereof until paid at the rates
and at the times which shall be determined in accordance with the provisions of
the Loan Agreement dated as of December 18, 1998, among the Company and Rio
Leasing, as co-borrowers, the Lenders named therein and Bank of America National
Trust and Savings Association, as Agent (as further amended from time to time,
the "Loan Agreement").
This Note is one of the Notes issued pursuant to and entitled to the
benefits of the Loan Agreement to which reference is hereby made for a more
complete statement of the terms and conditions under which the Loans evidenced
hereby are made and are to be repaid. Capitalized terms used herein without
definition shall have the meanings set forth in the Loan Agreement.
All payments of principal and interest in respect of this Note
shall be made in lawful money of the United States of America in same day
funds at the office of Bank of America for credit to: BANCONTROL Account No.
12337-14196, Reference: Rio Properties, Inc., at 0000 Xxxxxxx Xxxxxxxxx,
Xxxxxxx, Xxxxxxxxxx 00000 or at such other place as shall be designated in
writing for such purpose in accordance with the terms of the Loan Agreement.
Each of the Lender and any subsequent holder of this Note agrees that before
disposing of this Note or any part hereof it will make a notation hereon of
all principal payments previously made hereunder and of the date to which
interest hereon has been paid; provided that the failure to make a notation
of any payment made on this Note shall not limit or otherwise affect the
obligation
of the Company hereunder with respect to payments of principal or interest on
this Note.
This Note is subject to prepayment as provided in the Loan
Agreement. Upon the occurrence of an Event of Default, the unpaid balance of the
principal amount of this Note may become, or may be declared to be, due and
payable in the manner, upon the conditions and with the effect provided in the
Loan Agreement.
The Company and Rio Leasing jointly and severally promise to pay all
actual and reasonable costs and expenses, including reasonable attorneys' fees
and the reasonably allocated cost of in-house counsel and staff, incurred in the
collection and enforcement of this Note. The Company, Rio Leasing and endorsers
of this Note hereby consent to renewals and extensions of time at or after the
maturity hereof, without notice, and hereby waive diligence, presentment,
protest, demand and notice of every kind and, to the full extent permitted by
law, the right to plead any statute of limitations as a defense to any demand
hereunder.
THE LOAN AGREEMENT AND THIS NOTE SHALL BE GOVERNED BY, AND SHALL BE
CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF
NEVADA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES.
IN WITNESS WHEREOF, the Company and Rio Leasing have caused this
Note to be executed and delivered by its duly authorized officers, as of the day
and year and the place first above written.
RIO PROPERTIES, INC.
By
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Title
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RIO LEASING, INC.
By
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Title
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TRANSACTIONS ON NOTE
Amount of
Principal Outstanding
Type of Amount of End of or Interest Principal
Loan Made Loan Made Interest Paid This Balance This Notation
Date This Date This Date Period Date Date Made by
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