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 13th day of
April, 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,
as modified by that certain Note and Mortgage Modification Agreement dated
February 5, 2010, recorded March 22, 2010, in Official Records Book 27223, Page
0018, and as modified by that certain Note and Mortgage Modification Agreement
dated March 8, 2010 and recorded March 22, 2010, in Official Records
Book  27223, Page 0026 and as modified by that certain Note and
Mortgage Modification Agreement dated March 25, 2010 and recorded _________, in
Official Records Book _____, Page _____ (“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) as modified and
increased to $650,000.00
on February 5, 2010, $800,000.00 on March 8, 2010,
and $835,000.00 on March
25, 2010;

     

    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 SEVENTY FIVE THOUSAND and 00/100
Dollars (U.S. $75,000.00) pursuant to Paragraph 19 of the
Mortgage;

    


    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:

     

     

     

     

    **Documentary stamps are being paid on the future
advance of $75,000.00.

     

    
      
         

      

      
         

        
          

        

      

      
         

      

    

     

    
      	
              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 SEVENTY FIVE THOUSAND and
      00/100 Dollars (U.S. $75,000.00) 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 NINE HUNDRED TEN
      THOUSAND and
      00/100 Dollars (U.S. $910,000.00);
  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.

     

    


     

    
      	      
              MORTGAGOR/BORROWER:

              


              CITY
      NATIONAL BANK OF FLORIDA, a

              
                a
      Florida banking corporation as Trustee

              

              under
      its Land Trust #5003471, dated

              January
      1, 1979

              


              By:______________________________

              Print
      Name:_______________________

              Title:_____________________________

            


    

     

    
      STATE OF
FLORIDA                                                      )

    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:                                                          
                         

    


    


    
      
         

      

      
         

        
          

        

      

      
         

      

    

    


    


    


    
      	
              BORROWER:

            	
              MORTGAGOR/BORROWER:

            
	 
      	 
      
	 
      	 
      
	
              FLORIDA
      GAMING CORPORATION, a

            	
              FLORIDA
      GAMING CENTERS, INC., a

            
	
              Delaware
      corporation

            	
              Florida
      corporation

            
	 
      	 
      
	
              By
      _______________________________

            	
              By:
      _______________________________

            
	
                 W.
      BENNETT COLLETT, CEO

            	
              W.
      BENNETT COLLETT, CEO

            


    

    


    


    


    


    


    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:  __________________________

            	 
      


    

    


    


    


    
      
         

      

      
         

        
          

        

      

      
         

      

    

    


    
    

     

    
      	      
              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
_____________            )

                                                                  
)
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:  __________________________