MORTGAGE, LEASEHOLD MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC) TO WELLS FARGO FOOTHILL, INC., AS AGENTSecurity Agreement • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
Contract Type FiledMarch 30th, 2010 Company Industry JurisdictionThis Mortgage (this “Shore Mortgage”) is made as of June 16, 2004, by Diamond Jo, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), in favor of Wells Fargo Foothill, Inc., a California corporation, as agent (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”) for the Lenders (as defined in the hereinafter defined Loan Agreement) under that certain Loan and Security Agreement dated as of June 16, 2004 (as amended, restated, supplemented or otherwise modified from time to time, the “Loan Agreement”) among the Company, The Old Evangeline Downs, L.L.C., a Louisiana limited liability company (“OED,” together with the Company, collectively, “Borrowers,” and each, a “Borrower), Mortgagee and Lenders.
ContractSecurity Agreement • November 15th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
Contract Type FiledNovember 15th, 2005 Company Industry JurisdictionTHIS INSTRUMENT WAS PREPARED BY, AND WHEN RECORDED SHOULD BE RETURNED TO: Shannon C. Baxter, Esq., Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, Georgia 30308 (404) 815-2150