0001047469-03-027698 Sample Contracts

OPEN-END MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (MAXIMUM PRINCIPAL INDEBTEDNESS NOT TO EXCEED $50,000,000.00) MADE BY SCIOTO DOWNS, INC. as Mortgagor to WELLS FARGO BANK, NATIONAL ASSOCIATION, AGENT BANK as Mortgagee
MTR Gaming Group Inc • August 14th, 2003 • Services-miscellaneous amusement & recreation • Ohio

THIS OPEN-END MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING (SDI) (the "Mortgage") is made as of the day of August, 2003 by and between SCIOTO DOWNS, INC., an Ohio corporation, the successor by merger to RACING ACQUISITION, INC., an Ohio corporation, as mortgagor and debtor (hereinafter referred to as "Mortgagor"), whose address is 6000 South High Street, P.O. Box 7823, Columbus, Ohio 43207, and WELLS FARGO BANK, National Association, as Agent Bank on behalf of the Lenders, the Swingline Lender and the L/C Issuer, all of which are defined and described in the Credit Agreement referred to below, as secured party (together with its successors and assigns, in such capacity, hereinafter referred to as "Mortgagee"), whose address is 3800 Howard Hughes Parkway, Las Vegas, Nevada 89109.

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ASSUMPTION AND CONSENT AGREEMENT (Scioto Downs, Inc.)
Assumption and Consent Agreement • August 14th, 2003 • MTR Gaming Group Inc • Services-miscellaneous amusement & recreation • Nevada

THIS ASSUMPTION AND CONSENT AGREEMENT ("Assumption Agreement") is made and entered into as of the day of , 2003, by and among SCIOTO DOWNS, INC., an Ohio corporation ("SDI") and WELLS FARGO BANK, National Association, as agent for the Lenders, Swingline Lender and L/C Issuer, which are from time to time parties to the Credit Agreement, as hereinafter described (in such capacity the "Agent Bank" and together with the Lenders, Swingline Lender and L/C Issuer, collectively the "Banks").

ASSIGNMENT OF ENTITLEMENTS, CONTRACTS, RENTS AND REVENUES (SDI)
MTR Gaming Group Inc • August 14th, 2003 • Services-miscellaneous amusement & recreation

THIS ASSIGNMENT OF ENTITLEMENTS, CONTRACTS, RENTS AND REVENUES (SDI) ("Assignment") is made and entered into as of August , 2003, by and between SCIOTO DOWNS, INC., an Ohio corporation, the successor by merger to RACING ACQUISITION, INC., an Ohio corporation, hereinafter referred to as "Assignor," party of the first part, and WELLS FARGO BANK, National Association, as the administrative and collateral agent for the Lenders, the Swingline Lender and the L/C Issuer (all of which are defined in the Credit Agreement referred to below), hereinafter referred to, together with its successors and assigns, in such capacity, as "Agent Bank," party of the second part.

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