EXHIBIT 4.19
COLLATERAL ASSIGNMENT OF MORTGAGE, LEASEHOLD MORTGAGE,
SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS,
FIXTURE FILING AND FINANCING STATEMENT
HOLLYWOOD CASINO CORPORATION,
Mortgagee and Assignor
In Favor of
STATE STREET BANK AND TRUST COMPANY,
in its capacity as Trustee,
Assignee
Dated as of May 19, 1999
COLLATERAL ASSIGNMENT OF MORTGAGE, LEASEHOLD MORTGAGE,
------------------------------------------------------
SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS,
---------------------------------------------------
FIXTURE FILING AND FINANCING STATEMENT
--------------------------------------
FOR VALUE RECEIVED, the undersigned, HOLLYWOOD CASINO CORPORATION, a
Delaware corporation (the "Assignor"), whose address for notice hereunder is Two
--------
Galleria Tower, Suite 2200,13455 Xxxx Road, LB, 48, Xxxxxx, Xxxxx 00000, does
hereby SELL, ASSIGN, TRANSFER AND SET OVER unto STATE STREET BANK AND TRUST
COMPANY, a Massachusetts chartered trust company, as Trustee (the "Assignee"),
--------
under that certain Indenture (as the same may be amended, supplemented, restated
or otherwise modified from time to time, the "Indenture") dated as of the date
---------
hereof by and among Assignor,
1
Assignee, HWCC-Tunica, Inc., a Texas corporation, and HWCC-Shreveport, Inc., a
Louisiana corporation, which Assignee's address for notice hereunder is Two
Xxxxxxxxxxxxx Xxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, Attention:
Corporate Trust Administration:
(i) all of Assignor's right, title and interest in, to and under that
certain Mortgage, Leasehold Mortgage, Security Agreement, Assignment of Leases
and Rents, Fixture Filing, and Financing Statement (the "Mortgage") dated as of
--------
the date hereof executed by HOLLYWOOD CASINO-AURORA, INC., an Illinois
corporation whose address is 00 Xxxx Xxxxxx Xxxxxxxxx, Xxxxxx, Xxxxxxxx 00000
(the "Mortgagor"), in favor of Assignor, as Mortgagee, covering certain property
---------
therein described, which Mortgage was recorded as shown on Exhibit A hereto
---------
(which Mortgage is incorporated by reference herein), and which Mortgage secures
the due and punctual payment of that certain Promissory Note in the original
principal amount of $108,000,000, made and subscribed by Mortgagor, dated as of
the date hereof, and being payable to the order of the Assignor, and other
obligations described therein (as the same may be amended, supplemented,
restated or otherwise modified from time to time, the "Note," which Note has
----
been assigned to Assignee), the interest thereon and performance of the Mortgage
covenants and obligations, and (ii) all of Assignor's right, title and interest
in and to the property described in the Mortgage, and in and to all amounts
which may now be or may hereafter become due and payable by Mortgagor under the
Mortgage, on account of its indebtedness and obligations under and in respect of
the aforesaid Notes and the Obligations (as defined in the Mortgage), and the
interest thereon, together with all of the rights, powers, privileges and
remedies of Assignor thereunder, including, but without limitation thereto, all
of the Assignor's rights to receive and collect all other amounts which may now
be or may hereafter become due and payable by the Mortgagor under the Mortgage,
reference to the Mortgage being hereby made for all such purposes.
This Collateral Assignment is made as security for (i) the payment
when due of indebtedness evidenced by those certain 11 1/4% Series A and Series
B Senior Secured Notes due 2007 and those certain Floating Rate Series A and
Series B Senior Secured Notes due 2006 (as the same may be amended,
supplemented, restated, exchanged, replaced or otherwise modified from time to
time, collectively, the "Senior Secured Notes") issued by the Assignor pursuant
--------------------
to the provisions of the Indenture, in the aggregate principal sum not to exceed
in any one time outstanding of $360,000,000, interest (including post-petition
interest and interest at the Post-Default Rate (as defined in the Mortgage)) as
set forth in the Indenture and the Senior Secured Notes, and premiums,
penalties, and late charges thereon; (ii) all other indebtedness and other sums
(including, without limitation, all expenses, attorneys' fees, other fees,
indemnifications, reimbursements, damages, other monetary liabilities, and other
charges) and obligations that may or shall become due under the Senior Secured
Notes, the Guarantees (as such term is defined in the Indenture), the Indenture
or the Collateral Documents (as such term is defined in the Indenture); and
(iii) any and all renewals, modifications, amendments, extensions for any
period, supplements, or restatements of any of the foregoing.
In furtherance of the foregoing Collateral Assignment, after the
occurrence and during the continuance of an Event of Default under the
Indenture, Assignor hereby authorizes and empowers Assignee, in Assignee's own
name or in the name of Assignee's nominee, or in the name of and as attorney for
Assignor, to ask, demand, xxx for, collect, receive and enforce all sums to
which Assignee is or may be entitled under this Collateral Assignment and
compliance
2
by Mortgagor with the terms and agreements on its part to be
performed under the Mortgage. Assignee shall have the rights, powers and
remedies provided by applicable law and this Collateral Assignment.
Assignor warrants that it is the legal owner of said Mortgage and has
the lawful right to assign, transfer and set over said Mortgage unto the
Assignee free and clear of any lien, claim or interest of any party whatsoever.
The foregoing warranties and the other provisions of this Collateral
Assignment shall inure to the benefit of the Assignee and its successors,
transferees and assigns under the Indenture.
The Mortgage encumbers the property legally described on Exhibit B
---------
hereto.
THIS COLLATERAL ASSIGNMENT SHALL BE GOVERNED BY AND CONSTRUED
ACCORDING TO THE LAWS OF THE JURISDICTION WHERE THE MORTGAGED PROPERTY IS
LOCATED.
[SIGNATURE PAGE FOLLOWS]
3
IN WITNESS WHEREOF, the Assignor has executed this Collateral
Assignment of Mortage, Leasehold Mortgage, Security Agreement, Assignment of
Leases and Rents, Fixture Filing and Financing Statement on this 19th day of
May, 1999.
ASSIGNOR: HOLLYWOOD CASINO CORPORATION,
a Delaware corporation
By: /s/ Xxxx X. Xxxxx
-------------------------------
Xxxx X. Xxxxx
Executive Vice President and
Chief Financial Officer
4
STATE OF ILLINOIS )
)
COUNTY OF LAKE )
Personally appeared before me, the undersigned authority in and for
said County and State on this 19th day of May, 1999, within my jurisdiction, the
within named Xxxx X. Xxxxx, who acknowledged that s/he is the Executive Vice
President and CFO of HOLLYWOOD CASINO CORPORATION, a Delaware corporation, and
as her/his act and deed s/he executed the above and foregoing instrument, after
first having been duly authorized by said corporation to do so.
(Seal)
/s/ Xxxxx X. Xxxx
Notary Public in and for
The State of Illinois
County of Lake
My Commission Expires: 3/12/2002
EXHIBIT A
---------
Recording Information
---------------------
EXHIBIT B
---------
Legal Description
-----------------
PARCEL 1
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT B
IN BLOCK TWO OF ISLAND AVENUE ADDITION TO AURORA, ALL BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 12 IN SAID BLOCK 2;
THENCE NORTHEASTERLY 8.0 FEET ON THE NORTHEASTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF SAID LOT 12 HAVING AN ASSUMED BEARING OF NORTH 54 DEGREES
28 MINUTES 44 SECONDS EAST; THENCE NORTH 52 DEGREES 34 MINUTES 26 MINUTES EAST,
A DISTANCE OF 178.6 FEET TO THE XXXXXXXXXXXXX XXXX XX XXX XXXX XXXXXX (ALSO
KNOWN AS ILLINOIS XXXXX 00 XXX X.X. XXXXX 00); THENCE NORTH 39 DEGREES 36
MINUTES 14 SECONDS WEST ON THE SOUTHWESTERLY LINE OF SAID NEW YORK
STREET, A DISTANCE OF 13.05 FEET; THENCE NORTH 49 DEGREES 58 MINUTES 46 SECONDS
EAST, A DISTANCE OF 66.0 FEET TO THE NORTHEASTERLY LINE OF SAID NEW YORK STREET
FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 48 DEGREES 58 MINUTES 46
SECONDS EAST, A DISTANCE OF 50.75 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY
TO THE SOUTHWESTERLY, 361.26 FEET ON THE ARC OF A CURVE TANGENT TO THE LAST
DESCRIBED COURSE, BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 115.0 FEET
WITH A CHORD DISTANCE OF 230.0 FEET AND A CHORD BEARING OF SOUTH 40 DEGREES 01
MINUTES 14 SECONDS EAST, THENCE SOUTH 49 DEGREES 58 MINUTES 46 SECONDS WEST,
TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 51.34 FEET TO THE
NORTHEASTERLY LINE OF SAID NEW YORK STREET; THENCE NORTH 39 DEGREES 41 MINUTES
03 SECONDS WEST ON THE NORTHEASTERLY LINE OF SAID NEW YORK STREET, A DISTANCE OF
229.46 FEET TO THE POINT OF BEGINNING, ALL IN XXXX COUNTY, ILLINOIS.
PARCEL 2:
EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DECLARATION OF PERMANENT
EASEMENTS BY AND BETWEEN AURORA RIVERBOATS, INC., AND THE CITY OF AURORA,
ILLINOIS, DATED NOVEMBER 12, 1991 AND RECORDED NOVEMBER 14, 1991 AS DOCUMENT
NUMBER 91K62160 AS SET FORTH BELOW:
(A) NON-EXCLUSIVE, IRREVOCABLE AND PERPETUAL EASEMENT FOR INGRESS AND EGRESS TO
PROVIDE ACCESS FOR PEDESTRIAN TRAFFIC OVER, UNDER AND UPON THE FOLLOWING
DESCRIBED PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOTS
"A" AND "B" IN XXXXX XXX XX XXXXXX XXXXXX ADDITION TO AURORA, ACCORDING TO THE
PLAT THEREOF RECORDED OCTOBER 18, 1913 AS DOCUMENT NO. 134974, ALL BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT TWELVE IN
SAID BLOCK TWO; THENCE SOUTH 35 DEGREES 31 MINUTES 14 SECONDS EAST ON THE
NORTHEASTERLY LINE OF SAID LOT TWELVE AND ITS SOUTHEASTERLY EXTENSION, A
DISTANCE OF 194.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 35
DEGREES 31 MINUTES 14 SECONDS EAST ON SAID SOUTHEASTERLY EXTENSION, A DISTANCE
OF 48.70 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT "B"; THENCE SOUTH 54 DEGREES
28 MINUTES 46 SECONDS WEST ON THE SOUTHEASTERLY LINE OF SAID LOTS "A" AND "B", A
DISTANCE OF 170.07 FEET TO THE NORTHERLY LINE OF GALENA BOULEVARD, (ALSO KNOWN
AS ILLINOIS XXXXX 00 XXX X.X. XXXXX 00); THENCE NORTH 35 DEGREES 31 MINUTES 45
SECONDS WEST ON THE NORTHERLY LINE OF SAID GALENA BOULEVARD A DISTANCE OF 44.80
FEET TO THE NORTHWESTERLY LINE OF SAID LOT "A"; THENCE NORTH 54 DEGREES 28
MINUTES 46 SECONDS EAST ON THE NORTHWESTERLY LINE OF SAID LOT "A", A DISTANCE OF
150.0 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT "B"; THENCE NORTH 35 DEGREES 31
MINUTES 14 SECONDS WEST ON THE SOUTHWESTERLY LINE OF SAID LOT "B", A DISTANCE OF
3.81 FEET; THENCE NORTH 54 DEGREES 21 MINUTES 23 SECONDS EAST A DISTANCE OF 20.0
FEET TO THE POINT OF BEGINNING XXXXX XXXX COUNTY, ILLINOIS.
(B) EXCLUSIVE, IRREVOCABLE AND PERPETUAL EASEMENT FOR INGRESS AND EGRESS AND FOR
THE CONSTRUCTION, MAINTENANCE AND USE THEREON OF ANY IMPROVEMENTS ANCILLARY TO
THE USE OF PARCEL 1 OVER, UNDER AND UPON THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT
"B" IN BLOCK TWO OF ISLAND AVENUE ADDITION TO AURORA ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 18, 1913 AS DOCUMENT NO. 134974. ALL BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT TWELVE, IN
SAID BLOCK TWO; THENCE NORTHEASTERLY 8.0 FEET ON THE NORTHEASTERLY EXTENSION OF
THE NORTHWESTERLY LINE OF SAID LOT TWELVE, HAVING AN ASSUMED BEARING OF NORTH 54
DEGREES 28 MINUTES 44 SECONDS EAST; THENCE NORTH 52 DEGREES 34 MINUTES 26
SECONDS EAST A DISTANCE OF 178.60 FEET TO THE SOUTHERLY LINE OF NEW YORK STREET
BRIDGE (ALSO KNOWN AS ILLINOIS XXXXX 00 XXX X.X. XXXXX 00) FOR THE POINT OF
BEGINNING. THENCE NORTH 39 DEGREES 36 MINUTES 14 SECONDS WEST ON THE SOUTHERLY
LINE OF SAID NEW YORK STREET BRIDGE A DISTANCE OF 13.05 FEET; THENCE NORTH 49
DEGREES 58 MINUTES 56 SECONDS EAST A DISTANCE OF 66.60 FEET TO THE NORTHERLY
LINE OF SAID NEW YORK STREET BRIDGE; THENCE SOUTH 39 DEGREES 41 MINUTES 03
SECONDS EAST ON THE NORTHERLY LINE OF SAID NEW YORK STREET BRIDGE A DISTANCE OF
229.46 FEET; THENCE SOUTH 49 DEGREES 58 MINUTES 46 SECONDS WEST A DISTANCE OF
66.49 FEET TO THE SOUTHERLY LINE OF SAID NEW YORK STREET BRIDGE; THENCE NORTH 39
DEGREES 36 MINUTES 14 SECONDS WEST ON THE SOUTHERLY LINE OF SAID NEW YORK STREET
BRIDGE, A DISTANCE OF 216.55 FEET TO THE POINT OF BEGINNING, ALL IN XXXX COUNTY,
ILLINOIS.
(C) NON-EXCLUSIVE, IRREVOCABLE AND PERPETUAL EASEMENT TO PROVIDE ACCESS FOR
PEDESTRIAN TRAFFIC OVER, UNDER AND UPON THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT
"B" IN BLOCK TWO OF ISLAND AVENUE ADDITION TO AURORA ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 18, 1913 AS DOCUMENT NO. 134974. ALL BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT TWELVE IN SAID
BLOCK TWO; THENCE NORTHEASTERLY 8.0 FEET ON THE NORTHEASTERLY EXTENSION OF THE
NORTHWESTERLY LINE OF SAID LOT TWELVE, HAVING AN ASSUMED BEARING OF NORTH 54
DEGREES 28 MINUTES 44 SECONDS EAST; THENCE NORTH 52 DEGREES 34 MINUTES 26
SECONDS EAST A DISTANCE OF 178.60 FEET TO THE SOUTHERLY LINE OF NEW YORK STREET
BRIDGE (ALSO KNOWN AS ILLINOIS XXXXX 00 XXX X.X. XXXXX 00); THENCE SOUTH 39
DEGREES 36 MINUTES 14 SECONDS EAST, ALONG THE SOUTHERLY LINE OF SAID NEW YORK
STREET BRIDGE, A DISTANCE OF 16.05 FEET; THENCE SOUTH 54 DEGREES 20 MINUTES 19
SECONDS WEST A DISTANCE OF 187.67 FEET TO THE NORTHEASTERLY LINE OF SAID LOT
TWELVE; THENCE NORTH 35 DEGREES 31 MINUTES 14 SECONDS WEST ON THE NORTHEASTERLY
LINE OF SAID LOT TWELVE, A DISTANCE OF 10.53 FEET TO THE POINT OF BEGINNING, ALL
IN XXXX COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH, RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT
"B" IN BLOCK TWO OF ISLAND AVENUE ADDITION TO AURORA, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 18, 1913 AS DOCUMENT NO. 134974, ALL BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT TWELVE IN
SAID BLOCK TWO; THENCE SOUTH 35 DEGREES 31 MINUTES 14 SECONDS EAST ON THE
NORTHEASTERLY LINE OF SAID LOT TWELVE AND ITS SOUTHEASTERLY EXTENSION, A
DISTANCE OF 194.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 54 DEGREES 21
MINUTES 23 SECONDS EAST A DISTANCE OF 57.49 FEET; THENCE NORTH 35 DEGREES 38
MINUTES 37 SECONDS WEST A DISTANCE OF 8.35 FEET; THENCE NORTH 54 DEGREES 21
MINUTES 23 SECONDS EAST A DISTANCE OF 130.30 FEET; THENCE SOUTH 39 DEGREES 34
MINUTES 23 SECONDS EAST A DISTANCE OF 25.72 FEET; THENCE SOUTH 49 DEGREES 58
MINUTES 46 SECONDS EAST A DISTANCE OF 190.21 FEET TO THE SOUTHEASTERLY EXTENSION
OF THE NORTHEASTERLY LINE OF SAID LOT TWELVE; THENCE NORTH 35 DEGREES 31 MINUTES
14 SECONDS WEST ON THE SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID
LOT TWELVE, A DISTANCE OF 32.21 FEET TO THE POINT OF BEGINNING, ALL IN XXXX
COUNTY, ILLINOIS.
ALSO
THAT PART OF THE SOUTHWEST QUARTER OF SECTION TWENTY-TWO, TOWNSHIP THIRTY-EIGHT
NORTH, RANGE EIGHT, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF LOT
"B" IN BLOCK TWO OF ISLAND AVENUE ADDITION TO AURORA, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 18, 1913 AS DOCUMENT NO. 134974. ALL BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT TWELVE IN
SAID BLOCK TWO; THENCE NORTHEASTERLY 8.0 FEET ON THE NORTHEASTERLY EXTENSION OF
THE NORTHWESTERLY LINE OF SAID LOT TWELVE, HAVING AN ASSUMED BEARING OF NORTH 54
DEGREES 28 MINUTES 44 SECONDS EAST; THENCE NORTH 52 DEGREES 34 MINUTES 26
SECONDS EAST A DISTANCE OF 178.60 FEET TO THE SOUTHERLY LINE OF NEW YORK STREET
BRIDGE, (ALSO KNOWN AS ILLINOIS ROUTE 65 AND U.S. ROUTE 30), FOR THE POINT OF
BEGINNING; THENCE SOUTH 39 DEGREES 36 MINUTES 14 SECONDS EAST ALONG THE
SOUTHERLY LINE OF SAID NEW YORK STREET BRIDGE, A DISTANCE OF 216.55 FEET; THENCE
SOUTH 49 DEGREES 58 MINUTES 46 SECONDS WEST A DISTANCE OF 12.79 FEET; THENCE
NORTH 39 DEGREES 34 MINUTES 23 SECONDS WEST A DISTANCE OF 83.49 FEET; THENCE
NORTH 35 DEGREES 22 MINUTES 07 SECONDS WEST A DISTANCE OF 2.0 FEET; THENCE SOUTH
54 DEGREES 37 MINUTES 53 SECONDS WEST A DISTANCE OF 1.0 FEET; THENCE NORTH 35
DEGREES 22 MINUTES 07 SECONDS WEST A DISTANCE OF 27.51 FEET; THENCE NORTH 31
DEGREES 16 MINUTES 11 SECONDS WEST A DISTANCE OF 42.76 FEET; THENCE SOUTH 54
DEGREES 37 MINUTES 53 SECONDS WEST A DISTANCE OF 1.0 FEET; THENCE NORTH 35
DEGREES 22 MINUTES 07 SECONDS WEST A DISTANCE OF 4.0 FEET; THENCE NORTH 39
DEGREES 43 MINUTES 09 SECONDS WEST A DISTANCE OF 22.48 FEET; THENCE SOUTH 52
DEGREES 34 MINUTES 26 SECONDS WEST A DISTANCE OF 11.66 FEET; THENCE NORTH 39
DEGREES 43 MINUTES 09 SECONDS WEST A DISTANCE OF 35.03 FEET TO THE SOUTHEASTERLY
LINE OF XXXXX AVENUE; THENCE NORTH 52 DEGREES 34 MINUTES 26 SECONDS EAST A
DISTANCE OF 17.42 FEET TO THE POINT OF BEGINNING, ALL IN XXXX COUNTY, ILLINOIS.
PARCEL 3:
The estate or interest in the land described or referred to in this Commitment
and covered herein is a Leasehold Estate, as leasehold estate is defined in
paragraph 1 (H) of the conditions and stipulations of the ALTA Leasehold Policy,
created by the instrument herein referred to as the Lease, executed by The City
of Aurora and consented to by The Aurora Metropolitan Exposition Auditorium AND
Office Building Authority, as Lessor, and Aurora Riverboats, inc., as Lessee,
dated June 04, 1991, a memorandum of which was recorded November 14, 1991 as
Document No. 91K62158, demising the land for a term for 30 years with one or
more 5 year extensions not to exceed 99 years as more fully set forth in the
lease, demising the following described land:
THAT PART OF XXX 0 XXX XXXX 0,0,0,0 XXX 0, XX XXXXX 1 OF XXXXXX'X AMENDED
ADDITION TO WEST AURORA COMPLETED, PART OF X. XXXX'X SUBDIVISION OF THAT PART OF
BLOCK 1, IN THE ORIGINAL TOWN OF WEST AURORA, LYING XXXX XX XXXXX XXXXXX XXX
XXXXX XX XXXX XXXXXX, LOTS 1,2,16, AND THE ALLEY ADJACENT THERETO OF XXXX AND
BROTHER CO., SUBDIVISION, COUNSEL STREET AND VACATED COUNCIL STREET ALL
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY XXXXXX XX XXX 0 XX XXXXX 0 XX XXXX XXXXXX'X
AMENDED ADDITION, BEGIN ON THE SOUTHEASTERLY LINE OF RIVER STREET; THENCE
NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 256.0 FEET TO THE NORTHERLY CORNER
OF LOT 2 IN SAID XXXX AND BROTHER CO., SUBDIVISION; THENCE SOUTHEASTERLY ALONG
THE NORTHEASTERLY LINE OF LOT 2 IN SAID XXXX AND BROTHERS CO., SUBDIVISION 80.0
FEET TO THE EASTERLY CORNER THEREOF; THENCE SOUTHEASTERLY ALONG A LINE FORMING
AN ANGLE OF 196 DEGREES 41 MINUTES 26 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTER-CLOCKWISE THEREFROM) 20.88 FEET TO THE MOST NORTHERLY CORNER
OF SAID LOT 16; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT
16, 125.66 FEET TO THE NORTHWESTERLY CORNER OF A TRACT OF LAND CONVEYED TO THE
FOX VALLEY PARK DISTRICT BY DISTRICT BY DOCUMENT 1672103; THENCE SOUTHWESTERLY
ALONG A NORTHWESTERLY LINE OF SAID TRACT FORMING AN ANGLE OF 80 DEGREES 57
MINUTES 03 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE
THEREFROM) 28.0 FEET TO AN ANGLE IN SAID NORTHWESTERLY LINE; THENCE
SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 24.0 FEET; THENCE
SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 198.94 FEET; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 53 DEGREES 30 MINUTES 42 SECONDS
WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE
THEREFROM) 24.54 FEET TO THE NORTHEASTERLY LINE OF GALENA BOULEVARD AS
ESTABLISHED BY COUNTY COURT PROCEEDINGS KNOWN AS CASE NUBMER 5190; THENCE
NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID GALENA BOULEVARD 242.42 FEET
TO AN ANGLE IN SAID NORTHEASTERLY LINE; THENCE NORTHWESTERLY ALONG SAID
NORTHEASTERLY LINE 46.09 FEET TO THE POINT OF BEGINNING, IN THE CITY OF AURORA,
XXXX COUNTY ILLIINOIS.
PARCEL 4:
The estate or interest in the land described or referred to in this Commitment
and covered herein is a Leasehold Estate, as leasehold estate is defined in
paragraph 1 (H) of the conditions and stipulations of the ALTA Leasehold Policy,
created by the instrument herein referred to as the Lease, executed by The City
of Aurora and consented to by The Aurora Metropolitan Exposition Auditiorium AND
Office Building Authority, as Lessor, and Hollywood Casino-Aurora Inc., as
Lessee, dated June 12, 1995, a memorandum of which was recorded October 24, 1995
as Document No. 95K63744, which demises the land for a term for 30 years with
four 5 year extensions as more fully set forth in the lease, demising the
following described land:
LOTS 1,2,3,4,5,6,7,8,9,10,11,12, AND PARTS OF XXXX X XXX X XX XXXXX 0 XX XXXXXX
XXXXXX ADDITION TO AURORA, AND THAT PART OF THE SOUTHWEST 1/4 OF SECTION 22,
TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID XXX 0 XX XXX XXXXXXXXX
XXXXXX XX XXXXXX XXXXXX AND GALENA BOULEVARD (FORMERLY MAIN STREET); THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINES OF SAID LOTS 9,10,11 AND 12 TO THE
MOST NORTHERLY CORNERLY OF SAID LOT 12; THENCE NORTHEASTERLY 8.0 FEET ON A
NORTHEASTERLY EXTENSION OF SAID NORTHWESTERLY LINE OF SAID LOT 12; THENCE
NORTHEASTERLY AT AN ANGLE OF 178 DEGREES 05 MINUTES 40 SECONDS MEASURED
CLOCKWISE FORM THE LAST DESCRIBED COURSE, 178.6 FEET; THENCE NORTHWESTERLY AT AN
ANGLE OF 87 DEGREES 49 MINUTES 20 SECONDS MEASURED CLOCKWISE FROM THE LAST
DESCRIBED COURSE, 13.06 FEET; THENCE NORTHEASTERLY AT AN ANGLE OF 90 DEGREES 25
MINUTES MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE 117.35 FEET:
THENCE NORTHEASTERLY, EASTERLY, SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY
361.28 FEET ON THE ARC OF A CURVE TO THE RIGHT TANGENT TO THE LAST DESCRIBED
COURSE HAVING A RADIUS OF 115.0 FEET, THRU A CENTRAL ANGLE OF 180 DEGREES 00
MINUTES; THENCE SOUTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,
321.6 FEET TO A LINE PARALLEL WITH AND 170.0 FEET NORTHERLY OF, AS MEASURED AT
RIGHT ANGLES THEREFROM THE NORTHEASTERLY LINE OF GALENA BOULEVARD, SUCH PARALLEL
LINE ALSO BEING A SOUTHEASTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT
12; THENCE SOUTHEASTERLY ALONG SAID EXTENSIONS OF THE NORTHEASTERLY LINE OF SAID
LOT 12 TO A LINE (HEREAFTER REFERRED TO AS LINE A) DRAWN FROM A POINT ON THE
NORTHEASTERLY LINE OF GALENA BOULEVARD 44.18 FEET SOUTHEASTERLY OF THE SOUTHWEST
CORNER OF SAID LOT A, SAID LINE A MEASURED NORTHEASTERLY AT AN ANGLE OF 88
DEGREES 19 MEASURED CLOCKWISE FROM SAID NORTHERLY LINE OF GALENA BOULEVARD;
THENCE SOUTHWESTERLY ALONG LINE A, 170.07 FEET TO THE NORTHEAST LINE OF GALENA
BOULEVARD; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF GALENA
BOULEVARD, BEING THE SOUTHWESTERLY LINES OF LOTS 1,2,3,4,5,6,7,8, AND 9 AND PART
OF LOT A, 242.8 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART DESCRIBED AS
FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 38 NORTH, RANGE
8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWESTERLY CORNER OF LOT 12 IN SAID BLOCK 2; THENCE NORTHEASTERLY 8.0 FEET ON
THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 12 HAVING AN
ASSUMED BEARING OF NORTH 54 DEGREES 28 MINUTES 44 SECONDS EAST, THENCE NORTH 52
DEGREES 34 MINUTES 26 SECONDS EAST, A DISTANCE OF 178.6 FEET TO THE
XXXXXXXXXXXXX XXXX XX XXX XXXX XXXXXX (ALSO KNOWN AS ILLINOIS XXXXX 00 XXX X.X.
XXXXX 00); THENCE NORTH 39 DEGREES 36 MINUTES 14 SECONDS WEST ON THE
SOUTHWESTERLY LINE OF SAID NEW YORK STREET, A DISTANCE OF 13.05 FEET; THENCE
NORTH 49 DEGREES 58 MINUTES 56 SECONDS EAST, A DISTANCE OF 66.0 FEET TO THE
NORTHEASTERLY LINE OF SAID NEW YORK STREET FOR THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 48 DEGREES 58 MINUTES 46 SECONDS EAST A DISTANCE OF 50.75 FEET
TO A POINT OF CURVE; THENCE NORTHEASTERLY TO THE SOUTHWESTERLY 361.26 FEET ON
THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED COURSE, BEING CONCAVE TO THE
SOUTHWEST, HAVING A RADIUS OF 115.0 FEET WITH A CHORD DISTANCE OF 230.0 FEET AND
A CHORD BEARING OF SOUTH 40 DEGREES 01 MINUTES 14 SECONDS EAST, THENCE SOUTH 49
DEGREES 58 MINUTES 46 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE A
DISTANCE OF 51.34 FEET TO THE NORTHEASTERLY LINE OF SAID NEW YORK STREET; THENCE
NORTH 39 DEGREES 41 MINUTES 03 SECONDS WEST ON THE NORTHEASTERLY LINE OF SAID
NEW YORK STREET, A DISTANCE OF 229.46 FEET TO THE POINT OF BEGINNING) ALL IN THE
CITY OF AURORA, XXXX COUNTY, ILLINOIS.
P.I.N.: 00-00-000-000
00-00-000-000
00-00-000-000
00-00-000-000
00-00-000-000
00-00-000-000
Commonly known as: 00 Xxxx Xxxxxx Xxxxxxxxx
Xxxxxx, XX 00000
