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Subscribers | 2002 |
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (146K)
Doc #117447: Click preview link for longer preview.
APNs: A portion of 162-16-511-004 and 162-16-510-001 through 006, inclusive
Recording requested by and recorded counterparts should be returned to:
Sony Ben-Moshe, Esq. Latham & Watkins 701 B Street, Suite 2100 San Diego, California 92101
Mail Property Tax Statements to:
Valvino Lamore, LLC Legal Department 3145 Las Vegas Boulevard South Las Vegas, Nevada 89109
DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING
MADE BY
VALVINO LAMORE, LLC, a Nevada limited liability company, as Trustor,
to
Nevada Title Company, a Nevada corporation, as Trustee, . . .
117447
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Banc of America Securities – to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, LLC, a Nevada limited liability company (formerly known as Wynn _____________
dt 93557
;
CLT
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Commonwealth Land Title Co – to any casino operator's agreement, license agreement or sublease agreement used in connection with the Land or the Improvements.
"Title Insurer" means Commonwealth Land Title Co mpany.
"Trust Estate" means all of the property described in Granting Clauses (A) through (O) below, inclusive, and each item of property therein _____________
dt 126102
;
BofA
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Bank of America, – Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns &
dt 39695
;
|
Deutsche Bank
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Deutsche Bank Securities Inc – the same may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc ., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, _____________
Deutsche Bank Securities Inc – and in furtherance of the Commitment Letter among Borrower, Beneficiary and the other parties signatory thereto (such other parties, together with Beneficiary and Deutsche Bank Securities Inc ., the "Banks") pursuant to which the Banks have agreed to lend to Borrower an aggregate principal amount of $1,000,000,000 _____________
dt 98495
;
DB Trust
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
DEUTSCHE BANK TRUST CO – VALVINO LAMORE, LLC,
a Nevada limited liability company,
as Trustor,
to
Nevada Title Company,
a Nevada corporation,
as Trustee,
for the benefit of
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE BENEFIT OF THE BANKS,
AS BENEFICIARY
*******************************************************************************************
THIS INSTRUMENT IS TO BE FILED AND _____________
DEUTSCHE BANK TRUST CO – TO BE INDEXED IN THE INDEX OF FINANCING STATEMENTS OF CLARK COUNTY, NEVADA UNDER THE NAMES OF VALVINO LAMORE, LLC AS "DEBTOR" AND DEUTSCHE BANK TRUST CO MPANY AMERICAS AS "SECURED PARTY."
THIS INSTRUMENT IS A "CONSTRUCTION MORTGAGE" AS THAT TERM IS DEFINED IN SECTION 104.9334(8) OF THE _____________
DEUTSCHE BANK TRUST CO – Company, a Nevada corporation, whose address is 2500 North Buffalo, Suite 150, Las Vegas, Nevada 89128, as Trustee ("Trustee"), for the benefit of DEUTSCHE BANK TRUST CO MPANY AMERICAS ("Beneficiary"), in its capacity as Administrative Agent under (i) that certain Amended and Restated Commitment Letter (as the same may be _____________
Deutsche Bank Trust Co – mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party:
Beneficiary:
Deutsche Bank Trust Co mpany Americas
31 West 52nd Street, 7th Floor
New York, New York 10019
Attn: Jeff Baevsky
With a copy to:
Latham & Watkins
701 _____________
dt 113703
;
Wynn Resorts Ltd
|
| Preview
Subscribers | 2002 |
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (142K)
Doc #117448: Click preview link for longer preview.
APNs: A portion of 162-16-113-001 and a portion of 162-16-511-004
Recording requested by and recorded counterparts should be returned to:
Sony Ben-Moshe, Esq. Latham & Watkins 701 B Street, Suite 2100 San Diego, California 92101
Mail Property Tax Statements to:
Wynn Las Vegas, LLC Legal Department 3145 Las Vegas Boulevard South Las Vegas, Nevada 89109
DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING
MADE BY
WYNN LAS VEGAS, LLC, a Nevada limited liability company, as Trustor,
to
Nevada Title Company, a Nevada corporation, as Trustee, for the . . .
117448
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Banc of America Securities – to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, LLC, a Nevada limited liability company (formerly known as Wynn _____________
dt 93558
;
CLT
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Commonwealth Land Title Co – to any casino operator's agreement, license agreement or sublease agreement used in connection with the Land or the Improvements.
"Title Insurer" means Commonwealth Land Title Co mpany.
"Trust Estate" means all of the property described in Granting Clauses (A) through (O) below, inclusive, and each item of property therein _____________
dt 126103
;
BofA
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Bank of America, – Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns &
dt 39696
;
|
Deutsche Bank
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Deutsche Bank Securities Inc – the same may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc ., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, _____________
Deutsche Bank Securities Inc – and in furtherance of the Commitment Letter among Trustor, Beneficiary and the other parties signatory thereto (such other parties, together with Beneficiary and Deutsche Bank Securities Inc ., the "Banks") pursuant to which the Banks have agreed to lend to Trustor an aggregate principal amount of $1,000,000,000.
_____________
dt 98496
;
DB Trust
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
DEUTSCHE BANK TRUST CO – LAS VEGAS, LLC,
a Nevada limited liability company,
as Trustor,
to
Nevada Title Company,
a Nevada corporation,
as Trustee,
for the benefit of
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE BENEFIT OF THE BANKS,
AS BENEFICIARY
*******************************************************************************************
THIS INSTRUMENT IS TO BE FILED AND _____________
DEUTSCHE BANK TRUST CO – BE INDEXED IN THE INDEX OF FINANCING STATEMENTS OF CLARK COUNTY, NEVADA UNDER THE NAMES OF WYNN LAS VEGAS, LLC AS "DEBTOR" AND DEUTSCHE BANK TRUST CO MPANY AMERICAS AS "SECURED PARTY."
THIS INSTRUMENT IS A "CONSTRUCTION MORTGAGE" AS THAT TERM IS DEFINED IN SECTION 104.9334(8) OF THE _____________
DEUTSCHE BANK TRUST CO – Company, a Nevada corporation, whose address is 2500 North Buffalo, Suite 150, Las Vegas, Nevada 89128, as Trustee ("Trustee"), for the benefit of DEUTSCHE BANK TRUST CO MPANY AMERICAS ("Beneficiary"), in its capacity as Administrative Agent under (i) that certain Amended and Restated Commitment Letter (as the same may be _____________
Deutsche Bank Trust Co – mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party:
Beneficiary:
Deutsche Bank Trust Co mpany Americas
31 West 52nd Street, 7th Floor
New York, New York 10019
Attn: Jeff Baevsky
With a copy to:
Latham & Watkins
701 _____________
dt 113704
;
Wynn Resorts Ltd
|
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Subscribers | 2002 |
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (150K)
Doc #117449: Click preview link for longer preview.
APNs: 162-16-610-016, 162-16-610-007 and 162-16-610-006
Recording requested by and recorded counterparts should be returned to:
Sony Ben-Moshe, Esq. Latham & Watkins 701 B Street, Suite 2100 San Diego, California 92101
Mail Property Tax Statements to:
Palo, LLC Legal Department 3145 Las Vegas Boulevard South Las Vegas, Nevada 89109
DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING
MADE BY
PALO, LLC, a Nevada limited liability company, as Trustor,
to
Nevada Title Company, a Nevada corporation, as Trustee, for the benefit of
DEUTSCHE BANK TRUST . . .
117449
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Banc of America Securities – Holdings, LLC, a Nevada limited liability company (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Valvino Lamore, LLC, a Nevada limited liability company, and Wynn Las Vegas, LLC, _____________
dt 93559
;
CLT
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Commonwealth Land Title Co – to any casino operator's agreement, license agreement or sublease agreement used in connection with the Land or the Improvements.
"Title Insurer" means Commonwealth Land Title Co mpany.
"Trust Estate" means all of the property described in Granting Clauses (A) through (O) below, inclusive, and each item of property therein _____________
dt 126104
;
BofA
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Bank of America, – Nevada limited liability company (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns &
dt 39697
;
|
Deutsche Bank
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Deutsche Bank Securities Inc – dated as of June 14, 2002, among Wynn Resorts Holdings, LLC, a Nevada limited liability company (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc ., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Valvino Lamore, LLC, _____________
Deutsche Bank Securities Inc – and in furtherance of the Commitment Letter among Borrower, Beneficiary and the other parties signatory thereto (such other parties, together with Beneficiary and Deutsche Bank Securities Inc ., the "Banks") pursuant to which the Banks have agreed to lend to Borrower an aggregate principal amount of $1,000,000,000 _____________
dt 98497
;
DB Trust
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
DEUTSCHE BANK TRUST CO – BY
PALO, LLC,
a Nevada limited liability company,
as Trustor,
to
Nevada Title Company,
a Nevada corporation,
as Trustee,
for the benefit of
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE BENEFIT OF THE BANKS,
AS BENEFICIARY
*******************************************************************************************
THIS INSTRUMENT IS TO BE FILED AND _____________
DEUTSCHE BANK TRUST CO – ALSO TO BE INDEXED IN THE INDEX OF FINANCING STATEMENTS OF CLARK COUNTY, NEVADA UNDER THE NAMES OF PALO, LLC AS "DEBTOR" AND DEUTSCHE BANK TRUST CO MPANY AMERICAS AS "SECURED PARTY."
THIS INSTRUMENT IS A "CONSTRUCTION MORTGAGE" AS THAT TERM IS DEFINED IN SECTION 104.9334(8) OF THE _____________
DEUTSCHE BANK TRUST CO – Company, a Nevada corporation, whose address is 2500 North Buffalo, Suite 150, Las Vegas, Nevada 89128, as Trustee ("Trustee"), for the benefit of DEUTSCHE BANK TRUST CO MPANY AMERICAS ("Beneficiary"), in its capacity as Administrative Agent under (i) that certain Amended and Restated Commitment Letter (as the same may be _____________
Deutsche Bank Trust Co – mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party:
Beneficiary:
Deutsche Bank Trust Co mpany Americas
31 West 52nd Street, 7th Floor
New York, New York 10019
Attn: Jeff Baevsky
With a copy to:
Latham & Watkins
701 _____________
dt 113705
;
Wynn Resorts Ltd
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Subscribers | 2002 |
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (150K)
Doc #390393: Click preview link for longer preview.
Wynn Resorts Ltd
EX-10.36 47 a2092489zex-10_36.htm EXHIBIT 10.36 QuickLinks -- Click here to rapidly navigate through this document
Exhibit 10.36
APNs: A portion of 162-16-511-004, a portion of 162-16-113-001, 162-16-510-007 through 018, inclusive, 162-16-510-021 through 022, inclusive, 162-16-510-024 through 025, inclusive, 162-16-510-028 through 031, inclusive, 162-16-610-028 through 030, inclusive, 162-16-610-021 through 022, inclusive, 162-16-610-017 through 019, inclusive, 162-16-610-008 through 015, inclusive and 162-16-611-001 through 014, inclusive
Recording requested by and . . .
390393
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Banc of America Securities LLC – time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC , Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Valvino Lamore, LLC, a Nevada limited liability company, and Wynn Las Vegas, LLC, a Nevada limited liability company ("Borrower"), _____________
dt 1002970
;
BofA
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Bank of America, N.A. – be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A. , Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Valvino Lamore, LLC, a Nevada limited liability company, and Wynn Las Vegas, LLC, a _____________
dt 1032481
;
|
Deutsche Bank
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
Deutsche Bank Securities Inc – as the same may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor (formerly known as Wynn Resorts, LLC), Beneficiary, Deutsche Bank Securities Inc ., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Valvino Lamore, LLC, a Nevada limited liability company, and _____________
Deutsche Bank Securities Inc – to be entered into in connection with and in furtherance of the Commitment Letter among Borrower, Beneficiary and the other parties signatory thereto (such other parties, together with Beneficiary and Deutsche Bank Securities Inc ., the "Banks") pursuant to which the Banks have agreed to lend to Borrower an aggregate principal amount of $1,000,000,000 and (ii) that certain Guaranty (as the _____________
dt 1027820
;
DB Trust
As referenced in this Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing:
DEUTSCHE BANK TRUST CO – AGREEMENT AND FIXTURE FILING
MADE BY
WYNN RESORTS HOLDINGS, LLC,
a Nevada limited liability company,
as Trustor,
to
Nevada Title Company,
a Nevada corporation,
as Trustee,
for the benefit of
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
IN ITS CAPACITY AS ADMINISTRATIVE AGENT FOR THE BENEFIT OF THE BANKS,
AS BENEFICIARY
*******************************************************************************************
THIS INSTRUMENT IS TO BE FILED AND INDEXED IN THE REAL ESTATE RECORDS AND _____________
DEUTSCHE BANK TRUST CO – REAL ESTATE RECORDS AND IS ALSO TO BE INDEXED IN THE INDEX OF FINANCING STATEMENTS OF CLARK COUNTY, NEVADA UNDER THE NAMES OF WYNN RESORTS HOLDINGS, LLC AS "DEBTOR" AND DEUTSCHE BANK TRUST CO MPANY AMERICAS AS "SECURED PARTY."
THIS INSTRUMENT IS A "CONSTRUCTION MORTGAGE" AS THAT TERM IS DEFINED IN SECTION 104.9334(8) OF THE NEVADA REVISED STATUTES AND SECURES AN OBLIGATION _____________
DEUTSCHE BANK TRUST CO – Las Vegas, Nevada 89109, to Nevada Title Company, a Nevada corporation, whose address is 2500 North Buffalo, Suite 150, Las Vegas, Nevada 89128, as Trustee ("Trustee"), for the benefit of DEUTSCHE BANK TRUST CO MPANY AMERICAS ("Beneficiary"), in its capacity as Administrative Agent under (i) that certain Amended and Restated Commitment Letter (as the same may be amended or modified from time to time, _____________
Deutsche Bank Trust Co – same is deposited in the United States mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party:
Beneficiary:
Deutsche Bank Trust Co mpany Americas
31 West 52nd Street, 7th Floor
New York, New York 10019
Attn: Jeff Baevsky
With a copy to:
Latham & Watkins
701 B. Street, Suite 2100
San Diego, _____________
dt 1020766
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Subscribers | 2002 | |
BofA Securities
As referenced in this Deed of Trust, Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing [Amended and Restated]:
Banc of America Securities LLC – may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A., Banc of America Securities LLC , Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, LLC, a Nevada limited liability company (formerly known as Wynn Resorts, LLC), and Valvino Lamore, LLC, _____________
dt 1002971
;
Wynn Resorts
As referenced in this Deed of Trust, Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing [Amended and Restated]:
Wynn Resorts, Limited – Nevada limited liability company,
By:
Wynn Resorts Holdings, LLC,
a Nevada limited liability company,
its sole member
By:
Valvino Lamore, LLC,
a Nevada limited liability company,
its sole member
By:
Wynn Resorts, Limited ,
a Nevada corporation,
its sole member
By:
/s/ MARC H. RUBINSTEIN
Name:
Marc H. Rubinstein
Title:
Senior Vice President, General Counsel and Secretary
S-38
QuickLinks
Exhibit 10.37
_____________
dt 1732671
;
BofA
As referenced in this Deed of Trust, Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing [Amended and Restated]:
Bank of America, N.A. – Commitment Letter (as the same may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc., Bank of America, N.A. , Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, LLC, a Nevada limited liability company (formerly known as Wynn Resorts, _____________
dt 1032482
;
|
Deutsche Bank
As referenced in this Deed of Trust, Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing [Amended and Restated]:
Deutsche Bank Securities Inc – certain Amended and Restated Commitment Letter (as the same may be amended or modified from time to time, the "Commitment Letter") dated as of June 14, 2002, among Trustor, Beneficiary, Deutsche Bank Securities Inc ., Bank of America, N.A., Banc of America Securities LLC, Bear Stearns Corporate Lending, Inc., Bear, Stearns & Co. Inc., Wynn Resorts Holdings, LLC, a Nevada limited liability company ( _____________
dt 1027822
;
DB Trust
As referenced in this Deed of Trust, Leasehold Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing [Amended and Restated]:
DEUTSCHE BANK TRUST CO – AGREEMENT AND FIXTURE FILING
MADE BY
WYNN LAS VEGAS, LLC,
a Nevada limited liability company,
as Trustor,
to
Nevada Title Company,
a Nevada corporation,
as Trustee,
for the benefit of
DEUTSCHE BANK TRUST CO MPANY AMERICAS,
in its capacity as Administrative Agent for the benefit of the Banks,
as Beneficiary
THIS INSTRUMENT IS TO BE FILED AND INDEXED IN THE REAL ESTATE RECORDS AND _____________
DEUTSCHE BANK TRUST CO – REAL ESTATE RECORDS AND IS ALSO TO BE INDEXED IN THE INDEX OF FINANCING STATEMENTS OF CLARK COUNTY, NEVADA UNDER THE NAMES OF WYNN LAS VEGAS, LLC AS "DEBTOR" AND DEUTSCHE BANK TRUST CO MPANY AMERICAS AS "SECURED PARTY." TRUSTOR'S ORGANIZATIONAL NUMBER IS NEVADA FILE NUMBER LLC3904-2001.
THIS INSTRUMENT IS A "CONSTRUCTION MORTGAGE" AS THAT TERM IS DEFINED IN SECTION 104.9334( _____________
DEUTSCHE BANK TRUST CO – Las Vegas, Nevada 89109, to Nevada Title Company, a Nevada corporation, whose address is 2500 North Buffalo, Suite 150, Las Vegas, Nevada 89128, as Trustee ("Trustee"), for the benefit of DEUTSCHE BANK TRUST CO MPANY AMERICAS ("Beneficiary"), in its capacity as Administrative Agent under (i) that certain Amended and Restated Commitment Letter (as the same may be amended or modified from time to time, _____________
Deutsche Bank Trust Co – as of even date herewith, among Trustor, Beneficiary, Wells Fargo Bank, National Association, as the trustee for holders of mortgage notes issued in connection with the financing of the Project, Deutsche Bank Trust Co mpany Americas, as disbursement agent, and the other parties signatory thereto, as the same may hereafter be amended or modified in accordance with its terms and the terms of the _____________
Deutsche Bank Trust Co – same is deposited in the United States mail as first class certified mail, return receipt requested, postage paid, whether or not the same is actually received by such party:
Beneficiary:
Deutsche Bank Trust Co mpany Americas
31 West 52nd Street, 7th Floor
New York, New York 10019
Attn: Jeff Baevsky
With a copy to:
Latham & Watkins
701 B. Street, Suite 2100
San Diego, _____________
dt 1020767
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Subscribers | 2006 |
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (133K)
Doc #2189881: Click preview link for longer preview.
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES GAMING-MISSISSIPPI, LLC
(TRUSTOR)
to
B. BLAKE TELLER, ESQ.
. . .
2189881
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Banc of America Securities LLC – Inc.
("Parent"), Lakes Gaming and Resorts, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement) entered into that certain Credit Agreement with
Beneficiary, the Lenders party thereto and Banc of America Securities LLC , as
sole lead arranger and sole book manager (as the same may be amended, modified
or otherwise supplemented and in effect from time to time, the "Credit
Agreement"), pursuant _____________
dt 1571831
;
LEI
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Lakes Entertainment, Inc – Deed of Trust"),
is made as of June 22, 2006, by LAKES GAMING-MISSISSIPPI, LLC, a Minnesota
limited liability company ("Trustor"), having its principal place of business at
c/o Lakes Entertainment, Inc ., 130 Cheshire Lane, Suite 101, Minnetonka,
Minnesota 55309, Attention: Damon E. Schramm, Esq., to B. Blake Teller, Esq., an
individual, with an address at c/o Teller, Chaney, Hassell & _____________
Lakes Entertainment, Inc – holder of fee simple title in and to the Land (as hereinafter
defined) described on Exhibit A attached hereto and made a part hereof;
WHEREAS, on the date hereof, Trustor, Lakes Entertainment, Inc .
("Parent"), Lakes Gaming and Resorts, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement) entered into that certain Credit Agreement with
Beneficiary, the Lenders party thereto and _____________
dt 1416133
;
|
BofA
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
BANK OF AMERICA, N.A. – DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES GAMING-MISSISSIPPI, LLC
(TRUSTOR)
to
B. BLAKE TELLER, ESQ.
(TRUSTEE)
for the benefit of
BANK OF AMERICA, N.A.
(BENEFICIARY)
PROPERTY LOCATION:
Highway 61, Vicksburg
Warren County, Mississippi
DATED AS OF JUNE 22, 2006
THIS ALSO CONSTITUTES FINANCING STATEMENTS FILED AS A FIXTURE FILING AND
FINANCING STATEMENT PURSUANT _____________
BANK OF AMERICA, N.A. – o Teller, Chaney, Hassell & Hopson, LLP,
Nogales Building, 1201 Cherry Street, Vicksburg, MS 39183 (including any
successor trustee at the time acting as such hereunder, "Trustee"), for the
benefit of BANK OF AMERICA, N.A. , having its principal place of business at 100
N. Tyron Street, Charlotte, North Carolina 28255-0001, Attention: Douglas Jones
(in such capacity, together with its successors and assigns, "Beneficiary"), _____________
dt 1557651
;
Latham & Watkins
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Latham & Watkins – DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SEUCRITY AGREEMENT AND FIXTURE FILING
{TEXT}
{PAGE}
EXHIBIT 10.6
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE _____________
dt 1565234
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Subscribers | 2006 |
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (171K)
Doc #2189882: Click preview link for longer preview.
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES KEAN ARGOVITZ RESORTS - CALIFORNIA, L.L.C.
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE . . .
2189882
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BofA Securities
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Banc of America Securities, LLC – Inc.
("Parent"), Lakes Gaming and Resort, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement), entered into that certain Credit Agreement
with Beneficiary, the Lenders party thereto and Banc of America Securities, LLC ,
as sole lead arranger and sole book manager (as the same may be amended,
modified or otherwise supplemented and in effect from time to time, the "Credit
Agreement"), pursuant _____________
dt 1571832
;
LEI
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Lakes Entertainment, Inc – made as of June 22, 2006, by LAKES KEAN ARGOVITZ RESORTS - CALIFORNIA,
L.L.C., a Delaware limited liability company ("Trustor"), having its principal
place of business at c/o Lakes Entertainment, Inc ., 130 Cheshire Lane, Suite
101, Minnetonka, Minnesota 55309, Attention: Damon E. Schramm, Esq., to Fidelity
National Title Insurance Company, a California corporation (including any
successor trustee at the time _____________
Lakes Entertainment, Inc – holder of fee simple title in and to the Land (as hereinafter defined)
described on Exhibit A attached hereto and made a part hereof;
WHEREAS, on the date hereof, Trustor, Lakes Entertainment, Inc .
("Parent"), Lakes Gaming and Resort, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement), entered into that certain Credit Agreement
with Beneficiary, the Lenders party thereto and _____________
dt 1416134
;
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BofA
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
BANK OF AMERICA, N.A. – LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES KEAN ARGOVITZ RESORTS - CALIFORNIA, L.L.C.
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE COMPANY
(TRUSTEE)
for the benefit of
BANK OF AMERICA, N.A.
(BENEFICIARY)
PROPERTY LOCATION:
14020 Melody Road
Portion of Section 10, T. 17, S. R.1E (Highway 94/Campo Road)
Jamul, California
DATED AS OF JUNE 22, 2006
THIS ALSO _____________
BANK OF AMERICA, N.A. – Attention: Damon E. Schramm, Esq., to Fidelity
National Title Insurance Company, a California corporation (including any
successor trustee at the time acting as such hereunder, "Trustee"), for the
benefit of BANK OF AMERICA, N.A. , having its principal place of business at 100
N. Tyron Street, Charlotte, North Carolina 28255-0001, Attention: Douglas Jones
(in such capacity, together with its successors and assigns, "Beneficiary"), _____________
dt 1557652
;
Latham & Watkins
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Latham & Watkins – DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SEUCRITY AGREEMENT AND FIXTURE FILING
{TEXT}
{PAGE}
EXHIBIT 10.7
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE _____________
dt 1565235
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Subscribers | 2006 |
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (168K)
Doc #2189883: Click preview link for longer preview.
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES KAR SHINGLE SPRINGS, L.L.C .
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE COMPANY
. . .
2189883
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BofA Securities
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Banc of America Securities,
LLC – Parent"), Lakes Gaming and Resorts, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement), entered into that certain Credit Agreement
with the Beneficiary, the Lenders party thereto and Banc of America Securities,
LLC , as sole lead arranger and sole book manager (as the same may be amended,
modified or otherwise supplemented and in effect from time to time, the "Credit
Agreement"), pursuant _____________
dt 1571833
;
LEI
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Lakes Entertainment, Inc – is made as of June 22, 2006, by LAKES KAR SHINGLE SPRINGS,
L.L.C., a Delaware limited liability company ("Trustor"), having its principal
place of business at c/o Lakes Entertainment, Inc ., 130 Cheshire Lane, Suite
101, Minnetonka, Minnesota 55309, Attention: Damon E. Schramm, Esq., to Fidelity
National Title Insurance Company, a California corporation (including any
successor trustee at the time _____________
Lakes Entertainment, Inc – holder of fee simple title in and to the Land (as hereinafter
defined) described on Exhibit A attached hereto and made a part hereof;
WHEREAS, on the date hereof, Trustor, Lakes Entertainment, Inc .
("Parent"), Lakes Gaming and Resorts, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement), entered into that certain Credit Agreement
with the Beneficiary, the Lenders party thereto _____________
dt 1416135
;
|
BofA
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
BANK OF AMERICA, N.A. – OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES KAR SHINGLE SPRINGS, L.L.C .
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE COMPANY
(TRUSTEE)
for the benefit of
BANK OF AMERICA, N.A.
(BENEFICIARY)
PROPERTY LOCATION:
42 and 34 acres on Shingle Springs Road, 6.51 and 5.012 acres on Pinnacle
Court, 3051 Pinnacle Court and 4970 Artesia Road
Shingle Springs, _____________
BANK OF AMERICA, N.A. – Attention: Damon E. Schramm, Esq., to Fidelity
National Title Insurance Company, a California corporation (including any
successor trustee at the time acting as such hereunder, "Trustee"), for the
benefit of BANK OF AMERICA, N.A. , having its principal place of business at 100
N. Tyron Street, Charlotte, North Carolina 28255-0001, Attention: Douglas Jones
(in such capacity, together with its successors and assigns, "Beneficiary"), _____________
dt 1557653
;
Latham & Watkins
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Latham & Watkins – DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SEUCRITY AGREEMENT AND FIXTURE FILING
{TEXT}
{PAGE}
EXHIBIT 10.8
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE _____________
dt 1565236
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Subscribers | 2006 |
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (167K)
Doc #2189884: Click preview link for longer preview.
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES SHINGLE SPRINGS, INC.
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE COMPANY
. . .
2189884
|
BofA Securities
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Banc of America Securities, LLC – Inc.
("Parent"), Lakes Gaming and Resort, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement) entered into that certain Credit Agreement with
Beneficiary, the Lenders party thereto and Banc of America Securities, LLC , as
sole lead arranger and sole book manager (as the same may be amended, modified
or otherwise supplemented and in effect from time to time, the "Credit
Agreement"), pursuant _____________
dt 1571834
;
LEI
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Lakes Entertainment, Inc – as this
"Deed of Trust"), is made as of June ___, 2006, by LAKES SHINGLE SPRINGS, INC.,
a Minnesota corporation ("Trustor"), having its principal place of business at
c/o Lakes Entertainment, Inc ., 130 Cheshire Lane, Suite 101, Minnetonka,
Minnesota 55309, Attention: Damon E. Schramm, Esq., to Fidelity National Title
Insurance Company, a California corporation (including any successor trustee at
the time _____________
Lakes Entertainment, Inc – holder of fee simple title in and to the Land (as hereinafter
defined) described on Exhibit A attached hereto and made a part hereof;
WHEREAS, on the date hereof, Trustor, Lakes Entertainment, Inc .
("Parent"), Lakes Gaming and Resort, LLC ("Borrower") and the Guarantors (as
defined in the Credit Agreement) entered into that certain Credit Agreement with
Beneficiary, the Lenders party thereto and _____________
dt 1416136
;
|
BofA
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
BANK OF AMERICA, N.A. – OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE FILING
made by
LAKES SHINGLE SPRINGS, INC.
(TRUSTOR)
to
FIDELITY NATIONAL TITLE INSURANCE COMPANY
(TRUSTEE)
for the benefit of
BANK OF AMERICA, N.A.
(BENEFICIARY)
PROPERTY LOCATION:
5000 and 5020 Artesia Road
Shingle Springs, California
DATED AS OF JUNE 22, 2006
THIS ALSO CONSTITUTES FINANCING STATEMENTS FILED AS A FIXTURE FILING AND
FINANCING _____________
BANK OF
AMERICA, N.A. – Attention: Damon E. Schramm, Esq., to Fidelity National Title
Insurance Company, a California corporation (including any successor trustee at
the time acting as such hereunder, "Trustee"), for the benefit of BANK OF
AMERICA, N.A. , having its principal place of business at 100 N. Tyron Street,
Charlotte, North Carolina 28255-0001, Attention: Douglas Jones (in such
capacity, together with its successors and assigns, "Beneficiary"), _____________
dt 1557654
;
Latham & Watkins
As referenced in this Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Latham & Watkins – DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SEUCRITY AGREEMENT AND FIXTURE FILING
{TEXT}
{PAGE}
EXHIBIT 10.9
THIS DEED OF TRUST WAS PREPARED BY
AND WHEN RECORDED, RETURN TO:
Latham & Watkins LLP
885 Third Avenue
New York, New York 10022
Attention: Elizabeth Jaffe, Esq.
Reference No.: 024819 0034
DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS,
SECURITY AGREEMENT AND FIXTURE _____________
dt 1565237
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Subscribers | 2003 |
Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing
Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (280K)
Doc #1515084: Click preview link for longer preview.
CREDIT AGREEMENT
dated as of
March 28, 2003
among
Universal City Development Partners, Ltd.,
The Banks Listed Herein,
and
JPMorgan Chase Bank,
as Administrative Agent
and
as Collateral Agent
. . .
1515084
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BofA Securities
As referenced in this Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Banc of America Securities LLC – March 28, 2003
among
Universal City Development Partners, Ltd.,
The Banks Listed Herein,
and
JPMorgan Chase Bank,
as Administrative Agent
and
as Collateral Agent
--------------
J.P. Morgan Securities Inc. and
Banc of America Securities LLC ,
as Lead Arrangers and Joint Bookrunners
------------------------------------------------------------------------------
FLORIDA DOCUMENTARY STAMP TAX IN THE AMOUNT OF $4,900,000 HAS BEEN PAID IN FULL
TO THE FLORIDA DEPARTMENT OF REVENUE IN _____________
Banc of America
Securities LLC – all outstanding Letters of Credit.
"LETTER OF CREDIT TERMINATION DATE" means the fifth Domestic Business Day
prior to the Termination Date.
"LEAD ARRANGERS" means J.P. Morgan Securities Inc. and Banc of America
Securities LLC .
"LICENSE AGREEMENTS" means the agreements listed on Schedule D hereto, as
such Schedule D may be amended or supplemented from time to time by the Borrower
in a writing _____________
dt 1357430
;
BofA
As referenced in this Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
Bank of America,
N.A. – day of each March, June, September and
December.
"RATIO SATISFACTION DATE" has the meaning set forth in Section 6.01(o)(i).
"REFERENCE BANKS" means the principal London offices of Bank of America,
N.A. and JPMorgan Chase Bank, and "REFERENCE BANK" means any one of such
Reference Banks.
"REGULATION U" means Regulation U of the Board of Governors of the Federal
Reserve System, _____________
dt 1556052
;
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BNY
As referenced in this Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing:
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