0001047469-05-014957 Sample Contracts

AGREEMENT
Management and Operation Agreement • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation

THIS AGREEMENT is made and entered into effective as of the 30th day of September 2004, by and among the CITY OF OSCEOLA, IOWA (the "City"), the OSCEOLA WATER WORKS BOARD OF TRUSTEES (the "Water Board"), CLARKE COUNTY DEVELOPMENT CORPORATION ("CCDC"), SOUTHERN IOWA GAMING CO. ("Southern Iowa") and HERBST GAMING, INC. or HGI-LAKESIDE, INC. ("Herbst").

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MEMORANDUM OF LEASE
Memorandum of Lease • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation

This Memorandum of Lease dated the 11th day of September, 2000, entered into between the City of LaGrange, Missouri, a Special Charter City, and Municipal Corporation ("Landlord"), and Mark Twain Casino, L.L.C., a Missouri Limited Liability Company ("Tenant"), whose mailing address is P. O. Box 385, St. Joseph, Missouri 64502.

MASTER REAL ESTATE TRANSFER, FRANCHISE AND LEASE AGREEMENT
Master Real Estate Transfer, Franchise and Lease Agreement • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation • Missouri

This Real Estate Transfer and Franchise Agreement made and entered into this day of , 2003 by and between the City of LaGrange, Missouri, a municipal corporation, (hereinafter individually referred to as "City" or "Landlord"), and Mark Twain Casino, LLC., a Missouri Limited Liability Corporation (hereinafter referred to as "Franchisee", or "Tenant" or "Purchaser."

AGREEMENT AND LEASE
Lease Agreement • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation • Iowa

THIS AGREEMENT AND LEASE entered into this 19th day of August, 1997, by and between the CITY OF OSCEOLA, IOWA, a municipal corporation (hereinafter referred to as "CITY"), and the Osceola Water Works Board of Trustees (hereinafter referred to as "BOARD"), and Southern Iowa Gaming Co., an Iowa Corporation (hereinafter referred to as "SOUTHERN").

AMENDMENT TO AGREEMENT AND LEASE
Agreement and Lease • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation

THIS AMENDMENT TO AGREEMENT AND LEASE entered into this 17th day of March 1998 by and between the CITY OF OSCEOLA, IOWA, a municipal corporation (hereinafter referred to as "CITY") and the OSCEOLA WATER WORKS BOARD OF TRUSTEES (hereinafter referred to as "BOARD") and SOUTHERN IOWA GAMING CO., an Iowa Corporation (hereinafter referred to as "SOUTHERN") does amend that one certain Agreement and Lease dated the 19th day of August, 1997 as follows:

SECOND AMENDMENT TO AGREEMENT AND LEASE
Agreement and Lease • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation

This Amendment to an Agreement and Lease entered into this day of March 1999 by and between the CITY OF OSCEOLA (hereinafter referred to as "City"), the OSCEOLA WATER WORKS BOARD OF TRUSTEES (hereinafter referred to as "Board"), and SOUTHERN IOWA GAMING COMPANY (hereinafter referred to as "Southern"), amends an Agreement and Lease dated August 19, 1997, and amended March 17, 1998, as follows:

THIRD AMENDMENT TO AGREEMENT AND LEASE
Agreement and Lease • May 16th, 2005 • HGI - Lakeside • Services-miscellaneous amusement & recreation

THIS THIRD AMENDMENT TO AGREEMENT AND LEASE (the "Amendment") is made and entered into effective as of the day of September 2004, by and among the CITY OF OSCEOLA, IOWA (the "City"), the OSCEOLA WATER WORKS BOARD OF TRUSTEES (the "Board"), SOUTHERN IOWA GAMING CO. ("Southern"), and HERBST GAMING, INC. or HGI-LAKESIDE, INC. ("Herbst").

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