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 AGENTMortgage, Leasehold Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This 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.
FIRST AMENDMENT TO IOWA SHORE MORTGAGEIowa Shore Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This FIRST AMENDMENT TO IOWA SHORE MORTGAGE (this “Amendment”) is entered into as of November 10, 2004, between DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”).
MULTIPLE OBLIGATIONS MORTGAGEMultiple Obligations Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Louisiana
BE IT KNOWN, that on the 16th day of June, 2004, effective as of June 16, 2004, before me, the undersigned Notary Public, and in the presence of the undersigned competent witnesses, personally came and appeared:
FOURTH AMENDMENT TO IOWA SHORE MORTGAGEIowa Shore Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This FOURTH AMENDMENT TO IOWA SHORE MORTGAGE (this “Amendment”) is entered into as of June 13, 2008, between DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”).
PENINSULA GAMING PARTNERS, LLC PROFITS INTEREST PLAN [FORM OF SPECIAL PROFITS INTEREST] AWARD AGREEMENTProfits Interest Award Agreement • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Delaware
This Award Agreement (this “Agreement”), dated as of [●], is entered into by and between Peninsula Gaming Partners, LLC, a Delaware limited liability company (the “Company”), and [●] (the “Grantee”).
THIRD AMENDMENT TO IOWA SHORE MORTGAGEIowa Shore Mortgage • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa
This THIRD AMENDMENT TO IOWA SHORE MORTGAGE (this “Amendment”) is entered into as of August 15, 2007, between DIAMOND JO, LLC (formerly known as Peninsula Gaming Company, LLC), a Delaware limited liability company (the “Company”), and WELLS FARGO FOOTHILL, INC., a California corporation, as agent for the Lenders (“Agent”; Agent, together with its successors and assigns, is referred to herein as “Mortgagee”).
PENINSULA GAMING PARTNERS, LLC PROFITS INTEREST PLAN [FORM OF REGULAR PROFITS INTERESTS] AWARD AGREEMENTProfits Interest Award Agreement • March 30th, 2010 • Peninsula Gaming, LLC • Services-amusement & recreation services • Delaware
This Award Agreement (this “Agreement”), dated as of [●], is entered into by and between Peninsula Gaming Partners, LLC, a Delaware limited liability company (the “Company”), and [●] (the “Grantee”).
