Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement Sample Contracts

MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM KANSAS STAR CASINO, LLC TO WELLS FARGO CAPITAL FINANCE, INC., AS AGENT Dated effective as of March 18, 2011 Relating to Premises in: Sumner County, Kansas
Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • May 16th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • Kansas

This Mortgage Assignment of Rents, Security Agreement and Fixture Financing Statement (this “Mortgage”) is made effective as of March 18, 2011, by KANSAS STAR CASINO, LLC, a Kansas limited liability company (the “Company”), in favor of WELLS FARGO CAPITAL FINANCE, INC. (f/k/a 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 Amended and Restated Loan and Security Agreement, dated as of October 29, 2009, as amended by that certain First Amendment to Amended and Restated Loan and Security Agreement, dated as of June 15, 2010, and as further amended by that certain Second Amendment to Amended and Restated Loan and Security Agreement, dated as of February 2, 2011 (as hereafter amended, restated, supplemented or otherwise modified from time to time, collectively, the “Loan Agreement”) among th

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Mortgage, Assignment of Rents, Security Agreement, and Fixture Financing Statement • March 2nd, 2021

THIS MORTGAGE IS EXEMPT FROM MORTGAGE REGISTRATION TAX IMPOSED BY MINNESOTA STATUTES §287.035, PURSUANT TO MINNESOTA STATUTES §287.04, BECAUSE THE PRINCIPAL AMOUNT OF THE ORIGINAL MORTGAGE LOAN REFERRED TO HEREIN IS MADE UNDER A LOW AND MODERATE INCOME OR OTHER AFFORDABLE HOUSING PROGRAM.

AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM DIAMOND JO WORTH, LLC TO U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • August 16th, 2005 • Peninsula Gaming, LLC • Services-amusement & recreation services • Iowa

This AMENDED AND RESTATED MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT (this “Mortgage”) is made as of July 19, 2005 between DIAMOND JO WORTH, LLC, a Delaware limited liability company (the “Company”), and U.S. BANK, NATIONAL ASSOCIATION, as trustee (the “Trustee”) under the Indenture dated as of July 19, 2005 (the “Indenture”) among the Company and Diamond Jo Worth Corp., a Delaware corporation, each as Issuer (“Capital” and, together with the Company, the “Issuers”) and the Trustee.

MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT FROM KANSAS STAR CASINO, LLC TO Dated as of May 19, 2011 Relating to Premises in: Sumner County, Kansas
Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • August 15th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services • Kansas

This Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement (this “Mortgage”) is made as of May 19, 2011, by Kansas Star Casino, LLC, a Kansas limited liability company (the “Company”), in favor of U.S. Bank National Association, as collateral agent (the “Collateral Agent”) under the Indenture dated as of August 6, 2009 (as it may be amended, restated or otherwise supplemented from time to time, the “Indenture”) among Peninsula Gaming, LLC, a Delaware limited liability company (“PGL”), Peninsula Gaming Corp., a Delaware corporation (“PGC” and, together with PGL, the “Issuers”), each Subsidiary Guarantor (as defined therein) party thereto, and U.S. Bank National Association, as Trustee and Collateral Agent.

FIRST AMENDMENT OF MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT
Mortgage, Assignment of Rents, Security Agreement and Fixture Financing Statement • March 11th, 2011 • Peninsula Gaming, LLC • Services-amusement & recreation services

This FIRST AMENDMENT OF MORTGAGE, ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT (this “Amendment”) is dated as of February 8 2011 and is effective as of February __, 2011, by and among DIAMOND JO, LLC, a Delaware limited liability company, with an address at 600 Star Brewery Dr., Ste. 110, Dubuque, IA 52001 (“Mortgagor”) to U.S. BANK NATIONAL ASSOCIATION, with an address at 60 Livingston Avenue, EP-MN-WS3C, St. Paul, Minnesota 55107-2292, as collateral trustee for the Secured Parties (as hereinafter defined) (in such capacity, together with its successors and assigns, “Mortgagee”).

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