Unassociated Document


    


    Return
to:

    Prepared
by:

    Jack
B. Owen, Jr., P.A.

    4500
PGA Blvd., Ste. 304-B

    Palm
Beach Gardens, FL 33418

    File #
S09-909

    


    


    


    


    


    NOTE
AND MORTGAGE MODIFICATION

     

    THIS
AGREEMENT is made this 4th day of February, 2010, by and between NURMI PROPERTIES, LLC, a Delaware
corporation, as to an undivided 90% interest and ROBINETTE INVESTMENTS, LLC, a Florida
limited liability company, as to an undivided 10% interest (“Mortgagee”)
FLORIDA GAMING CENTERS, INC., a
Florida corporation, d/b/a MIAMI JAI-ALAI, d/b/a, W.J.A. REALTY and FLORIDA
GAMING CORPORATION, INC., a Delaware corporation and CITY NATIONAL BANK OF
FLORIDA, a Florida corporation; f/k/a CITY NATIONAL BANK OF MIAMI, a Florida
banking corporation as Trustee under its Land Trust #5003471, dated January 1,
1979, (“Borrower”) and CITY NATIONAL BANK OF FLORIDA, a Florida banking
corporation; f/k/a CITY NATIONAL BANK OF MIAMI, a Florida banking corporation as
Trustee under its Land Trust #5003471 dated January 1, 1979 and FLORIDA GAMING
CENTERS, INC., a Florida corporation, (“Mortgagor”)

     

    WITNESSETH:

     

    WHEREAS,
Mortgagor executed that certain Mortgage dated December 11, 2009, in favor
of NURMI PROPERTIES, LLC and
ROBINETTE INVESTMENTS, LLC, which mortgage was
recorded on December 18, 2009,
in Official Records Book
27120, Page 2922,
(“Mortgage”), of the Public Records of Miami-Dade County, Florida,
encumbering the property legally described as follows:

     

    See
the attached Exhibit A

     

    WHEREAS,
the Mortgage secured that certain Promissory Note (“Note”) from Borrower to
NURMI PROPERTIES, LLC, a
Delaware corporation and ROBINETTE INVESTMENTS, LLC, a Florida
limited liability company dated December 11, 2009, in the original principal
sum of FIVE HUNDRED THOUSAND
and NO/100 Dollars ($500,000.00);

     

    WHEREAS, the Promissory Note,
Mortgage, Collateral Assignment of Agreements Affecting Real Estate, Security
Agreement, Guaranty and all other collateral and loan documents executed in
connection with the Loan are collectively referred to in this Agreement as the
“Loan Documents”, and

    


    WHEREAS, Borrower has requested a
Future Advance in the sum of ONE HUNDRED FIFTY THOUSAND and 00/100
Dollars (U.S. $150,000.00);

    


    **Documentary
stamps are being paid on the future advance of $150,000.00.

    


    NOW,
THEREFORE, in consideration of TEN and 00/100 DOLLARS ($10.00) and other
valuable consideration, the receipt of which is hereby acknowledged, Mortgagor
and Mortgagee hereby agree as follows:

     

    
      
         

      

      
         

        
          

        

      

      
         

      

       

    

    
      	
              1.  

            	
              Each
      of the Statements made in the Recitals of this Agreement is true and
      correct.

            


    

    


    
      	
              2.  

            	
              That
      Lender agrees to fund a Future Advance in the amount of ONE HUNDRED FIFTY THOUSAND and
      00/100 Dollars (U.S. $150,000.00) to
      Borrower.

            


    

    


    
      	
              3.  

            	
              That
      the terms, provisions, and covenants of the Note and Mortgage, are hereby
      modified to include and secure this Future Advance so that the total
      amount due under the Note and Mortgage is SIX HUNDRED FIFTY
      THOUSAND and
      00/100 Dollars (U.S. $650,000.00);
  and

            


    

    


    
      	
              4.  

            	
              Mortgagor
      certifies that the Loan Documents are in full force and effect and are
      valid and enforceable obligations and agreements of Mortgagor and in
      accordance with the terms and provisions thereof, and that there are no
      existing claims, defenses, and rights of set off that Mortgagor may have
      against Mortgagee or which may affect the enforceability by the Mortgagee
      of its security and its rights and remedies under the Note and the Loan
      Documents.

            


    

    


    
      	
              5.  

            	
              The
      Borrower and Mortgagor hereby reaffirm the Mortgage and Note as modified
      herein.

            


    

    


    
      	
              6.  

            	
              Borrower,
      Mortgagor and Mortgagee agree that the terms set forth in this Mortgage
      Modification do not represent a novation, and the terms of this Mortgage
      Modification do not affect the priority of the Mortgage.  The
      Note, Mortgage and the Loan Documents remain fully binding upon and valid
      and enforceable against Borrower and
Mortgagor.

            


    

    


    
      	
              7.  

            	
              All
      other terms and conditions of the Note and Mortgage shall remain
      unchanged.

            


    

    


    


    IN
WITNESS WHEREOF, Mortgagor has executed this Note and Mortgage
Modification.

     

    
      
        
          
            
              
                
                  
                    
                      
                        
                          	BORROWER:   	 	 	MORTGAGOR/BORROWER: 	 
	 	 	 	 	 	 
	 	 	 	 	 	 
	 	 	 	 	 	 
	FLORIDA
      GAMING CORPORATION, a   	 	 	CITY
      NATIONAL BANK OF FLORIDA, a 	 
	      
                                  Delaware
      corporation 

                                	 	 	Florida
      banking corporation as Trustee 	 
	 	 	 	under
      its Land Trust #5003471, dated 	 
	
                                  By 

                                	 	 	January
      1, 1979 	 
	
                                  W.
      BENNETT COLLETT, CEO

                                	 	 	 	 	 
	
                                   

                                	 	 	By: 	
                                   

                                	 


                        

                        	
                                 

                              	 	 	Print
      Name:	
                                 

                              	 


                        
                          	
                                   

                                	 	 	Title: 	
                                   

                                	 
	 	 	 	 	 	 
	 	 	 	
                                  FLORIDA
      GAMING CENTERS, INC., a 

                                  Florida
      corporation 

                                	 
	 	 	 	 	 	 
	 	 	 	By:  	 	 
	 	 	 	
                                  W.
      BENNETT COLLETT, CEO 

                                	 


                        

                      

                    

                  

                

              

            

          

        

      

    

     

    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    
      
        
          
            
              
                
                  
                    
                      
                        
                          
                            
                              
                                
                                  
                                    
                                      
                                        
                                          
                                            
                                              
                                                	 	 	 	      
                                                        MORTGAGEE:

                                                      	 
	 	 	 	 	 	 
	 	 	 	NURMI
      PROPERTIES, LLC, a Delaware	 
	      
                                                         

                                                      	 	 	      
                                                        limited
      liability company

                                                      	 
	
                                                         

                                                      	 	 	 	 	 
	
                                                         

                                                      	 	 	By: 	
                                                         

                                                      	 
	
                                                         

                                                      	 	 	 	
                                                        M.
      WHITMAN BEASLEY, JR. Manager

                                                      	 
	
                                                         

                                                      	 	 	 	
                                                         

                                                      	 
	 	 	 	 	 	 
	 	 	 	
                                                              
                                                          ROBINETTE
      INVESTMENTS, LLC, a

                                                          Florida
      limited liability company

                                                        

                                                      	 
	 	 	 	 	 
	 	 	 	 	 
	 	 	 	 	 	 
	 	 	 	By:  	 	 
	 	 	 	 	      
                                                        STEVEN
      L. CRAIG, Managing Member 

                                                      	 


                                              

                                              
                                                 

                                                
                                                  
                                                    
                                                      
                                                        
                                                          	
                                                                  STATE OF FLORIDA 

                                                                	
                                                                  )   

                                                                
	 	)
  ss.: 
	COUNTY OF PALM
      BEACH 	) 


                                                        

                                                      

                                                    

                                                  

                                                  
                                                     

                                                  

                                                

                                              

                                            

                                          

                                        

                                      

                                    

                                  

                                

                              

                            

                          

                        

                      

                    

                  

                

              

            

          

        

      

    

    The
foregoing instrument was acknowledged before me this ____ day of _____________,
2010 by _________________________, as
____________________ of CITY NATIONAL BANK OF FLORIDA, a
Florida banking corporation as Trustee under its Land Trust #5003471, dated
January 1, 1979, who is personally known to me or who produced
_______________________ as identification and who did not take an
oath.

     

    WITNESS
MY HAND AND OFFICIAL SEAL OF OFFICE.

    


    ______________________________
Notary
Public

    Printed
Name: ___________________ 

    Commission
Expires: ______________

    


    
      
         

        
          
            
              
                
                  	
                          STATE OF FLORIDA 

                        	
                          )   

                        
	 	)
  ss.: 
	COUNTY OF PALM
      BEACH 	) 


                

              

            

          

          
             

          

        

      

    

    The
foregoing instrument was acknowledged before me this ____ day of _____________,
2010 by W. BENNETT COLLETT, as
CEO of FLORIDA GAMING
CENTERS, INC., a Florida corporation and FLORIDA GAMING CORPORATION, a Delaware
corporation, who is personally known to me or who produced
_______________________ as identification and who did not take an
oath.

     

    WITNESS
MY HAND AND OFFICIAL SEAL OF OFFICE.


    


    
      ______________________________
Notary
Public

      Printed
Name: ___________________ 

      Commission
Expires: ______________                                                          

    

    


    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    
      
        
          
            
              
                
                  	
                          STATE OF ___________ 

                        	
                          )   

                        
	 	)
  ss.: 
	COUNTY OF
      __________	) 


                

              

            

          

          
             

          

        

      

    

    The
foregoing instrument was acknowledged before me this ____ day of _____________,
2010 by M WITHMAN BEASLEY, JR.,
as Manager of NURMI
PROPERTIES, LLC, a Delaware limited liability company, who is personally
known to me or who produced _______________________ as identification and who
did not take an oath.

     

    WITNESS
MY HAND AND OFFICIAL SEAL OF OFFICE.


     

      ______________________________
Notary
Public

      Printed
Name: ___________________ 

      Commission
Expires: ______________                                                           

    

    


     

    
      
         

        
          
            
              
                
                  	
                          STATE OF FLORIDA 

                        	
                          )   

                        
	 	)
  ss.: 
	COUNTY OF PALM
      BEACH 	) 


                

              

            

          

          
             

          

        

      

    

    The
foregoing instrument was acknowledged before me this ____ day of _____________,
2010 by STEVEN L. CRAIG, as
Managing Member of ROBINETTE INVESTMENTS, LLC, a Florida
limited liability company, who is personally known to me or who produced
_______________________ as identification and who did not take an
oath.

     

    WITNESS
MY HAND AND OFFICIAL SEAL OF OFFICE.

     

    
      ______________________________
Notary
Public

      Printed
Name: ___________________ 

      Commission
Expires: ______________