**Exhibit 10.1**

 

STATE OF MISSISSIPPI

 

COUNTY OF HARRISON

 

***ASSIGNMENT OF LEASE***

 

FOR AND INCONSIDERATION of the sum of Ten ($10.00) Dollars, and other good and valuableconsideration, the receipt and sufficiency of which is hereby acknowledged bythe parties hereto, **JOE LANCON and CHARMAINELANCON**(a/k/a Charmagne Lancon), hereinafter collectively“Lessee/Assignor” do hereby assign, sell, convey, transfer and deliver to **Premier Entertainment Biloxi LLC,**aDelaware limited liability company, hereinafter, “Assignee”, all ofLessee/Assignor’s right, title and interest, including any and all riparian andlittoral rights appertaining thereto, in and to that certain Lease Contract(the “Lease”) from the City of Biloxi and the Biloxi Port Commission toLessee/Assignee, dated January 11, 1993, and recorded in the land deed recordsof Harrison County, Mississippi, Second Judicial District, at Book 251, Page289, and re-recorded at Book 252, Page 635, and any extensions and/or renewalsthereof, and all of the Lessee/Assignor’s right, title and interest in thepremises leased in the Lease, commonly known as Fisherman’s Harbor SeafoodRestaurant, 749 Beach Boulevard, Biloxi, Mississippi 39530, more particularlydescribed as:

 

That certain real property being situated in the Cityof Biloxi, Second Judicial District of Harrison County, Mississippi, and beingdescribed more particular as follows, to-wit:

 

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Commencing at the intersection of the South line ofa concrete sidewalk on the South margin of U.S. Highway No. 90 with the Eastmargin of Lameuse Street if said East margin were extended South, thence run S0° 35'11'' E along said extension a distance of 234.96 feet to a point, thenceS 89° 53' 06'' E a distance of 4.19 feet to a point having co-ordinated valuesof N263731.954 and E483083.834 based on City Base Mapping Monuments 29 and 44,said point also being the Point-of-Beginning of the herein described parcel.

 

From said Point-of-Beginning continue S 89° 53'06'' E along the centerline of the existing seawall a distance of 65.00 feet toa point, thence S 0° 38' 16'' E a distance of 50.00 feet to a point, thence N89° 53' 06'' W a**distance of30.69 feet to a point at the Southeast corner of the existing Seafood Market,thence N 89° 53' 06'' W along the South line of said Seafood Market a distanceof 46.08 feet to a point on the West face of a concrete sidewalk, thence N 0°385' 16'' W along said West face a distance of 80.96 feet to thepoint-of-Beginning.

 

Said parcel contains 4,663.79 sq. ft or 0.11 acresmore or less.

 

Assignee agrees toaccept the Lease and/or renewals thereof, and to perform all ofLessee/Assignor’s remaining obligations under said Lease accruing after thedate hereof.  Lessee/Assignor agrees tosatisfy all obligations under the Lease required to be performed prior to thedate hereof, and agrees to indemnify, hold harmless, and defend Assignee forany and all claims related thereto.

 

The partiesacknowledge that Lessee/Assignor shall deliver possession of the leasedpremises to Assignee in sixty (60) days from the date hereof, unless sooner asmay be agreed to by the parties, which sixtieth (60th) day

 

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shallend on March 29, 2004; time being of the essence.

 

WITNESS thesignatures of the Lessee/Assignor on this the 30th day of February,2004.

 
|   | /s/ Joe Lancon               |
|--------|------------------------------|
|   | JOE  LANCON, Lessee/Assignor |

 

 
|   | /s/  Charmaine Lancon              |
|--------|------------------------------------|
|   | CHARMAINE  LANCON, Lessee/Assignor |

 

STATEOF MISSISSIPPI

COUNTYOF HARRISON

 

Personallyappeared before me, the undersigned authority in and for the above county andstate, **JOE LANCON,**Lessee/Assignor,who acknowledged to me that he signed and delivered the above and foregoinginstrument on the day and year therein written.

 

Given under myhand and official seal of office, this 30th day of February, 2004.

 
|   | /s/ Joni L. Stone      |
|--------|------------------------|
|   | NOTARY PUBLIC          |
|   | My Commission Expires: | March  20, 2005 |

[SEAL]

 

STATEOF MISSISSIPPI

COUNTYOF HARRISON

 

Personallyappeared before me, the undersigned authority in and for the above county andstate, **CHARMAINE LANCON,**Lessee/Assignor,who acknowledged to me that she signed and delivered the above and foregoinginstrument on the day and year therein written.

 

Given under myhand and official seal of office, this 30th**day of February, 2004.

 
|   | /s/ Joni L. Stone      |
|--------|------------------------|
|   | NOTARY PUBLIC          |
|   | My Commission Expires: | March  20, 2005 |

[SEAL]

 

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| ***Lessee/Assignor:***      |   | ***Assignee:***                   |
|-----------------------------|--------|-----------------------------------|
| Joe  & Charmaine Lancon |   | Premier  Entertainment Biloxi LLC |
| 159-B  Howard Avenue        |   | Attn:  Joseph Billhimer, Jr.      |
| Biloxi,  MS 39530           |   | 11400  Reichold Road              |
| Phone:  228-374-5952        |   | Gulfport,  MS  39503         |
|                        |   | Phone:  228-594-4021              |

 

*Indexing Instructions:*

BiloxiCity Block 100, 2nd J.D., Harrison County, MS

 

*Instrument Prepared by:*

PatrickA. Sheehan, MSB# 6747Sheehan Law Firm179 Lameuse StreetBiloxi, Mississippi 39530P: (228) 432-1107F: (228) 432-1112E-mail: SheehanLawFirm@bellsouth.net

 

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STATE OF MISSISSIPPI

 

COUNTY OF HARRISON

 

SECOND JUDICIAL DISTRICT

 

LEASECONTRACT

 

THIS INDENTURE made and entered into on thisthe 11th day of January, 1993, by and between CITY OFBILOXI, MISSISSIPPI, a municipal corporation organized and existing under thelaw of the State of Mississippi and the Biloxi Port Commission, hereinafterreferred to as “Lessor”, and Joe Lancon and Charmagne Lancon, hereinafterreferred to as “Lessee”, WITNESSETH:

 

INCONSIDERATION of the sum of Ten and No/100 ($10.00), cash in hand paid byLessee to Lessor, receipt of which is hereby acknowledged, together with othergood and valuable considerations, including the mutual promises and covenantshereinafter set forth, the parties agree as follows:

 

1.             DEMISEAND DESCRIPTION:  The Lessor doeshereby lease, let and rent to the Lessee and the Lessee does hereby rent of andfromthe Lessor the real property more particularly described in Exhibit “A”attached hereto.

 

2.             TERM ANDRENTAL:  This lease is for aterm of eight (8) years commencing on the sixty-first (61st) day following theissuance of a certificate of occupancy by the City of Biloxi PlanningDivision.  In the event a certificate ofoccupancy is not issued by the City of Biloxi within ninety (90) days, thislease shall be void and of no effect. During the term hereof, the Lessee shall pay the Lessor a monthly rentalof $675.00.  The rental payments underthis lease shall be due and payable on the fifteenth

 

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day of each month throughout thelength of this lease contract and any renewals or extensions thereof.  All rental payments due hereunder shall bemade by Lessee to the Lessor at its offices at City Hall, 138 Lameuse Street,Biloxi, Mississippi, or by mailing the same to Post Office Box 429, Biloxi,Mississippi 39533, or by paying the same at such other place as the Lessor mayhereafter designate.  A late fee of$50.00 shall be assessed on any rental payment received by Lessor more than ten(10) days after its due date.

 

3.             OPTION TORENEW:* *Upon the expiration of the primary term hereof, Lesseehas the right to renew this lease for two (2) successive five (5) year terms bygiving notice of such option to renew to the Lessor ninety (90) days prior tothe expiration of the primary term, and if applicable, ninety (90) days priorthe expiration of the first renewal term. Except to the extent mutually agreed upon by the parties hereto, theterms, conditions and provisions of the renewal terms of this lease, with theexception of the rental payments, shall be the same as those which are hereincontained.  The rental payments dueunder the renewal terms of this lease shall be reviewed prior to the inceptionof each of the renewal terms to determine the current fair market rental valueof the leased premises.  The fair marketrental value shall be determined in accordance with Miss. Code Ann. Section 21-17-1.

 

4.             USE OFDEMISED PREMISES:  The leased premisesshall be used by the Lessee for the purpose of operating a restaurant. The

 

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Lessee shall not use or occupy theleased premises nor any portion thereof for any business or enterprise deemedto be hazardous on account of fire or otherwise; and Lessee shall not use norpermit to be used the leased premises nor any portion thereof for any purpose,business, enterprise, or undertaking which shall be unlawful, or in violationof any ordinance, rule, or regulation of the City of Biloxi.

 

At alltimes during the primary term and any renewal or extension term of this lease,Lessee shall comply with all laws, ordinances, rules, and regulations of thefederal, state, county, and municipal authorities applicable to the leasedpremises and the business or enterprise to be conducted thereon by Lessee.  Lessee will not operate the premises in anymanner which would constitute an unreasonable nuisance or unreasonablyinterfere with the health, safety, or comfort of the users or residents of thesurrounding or nearby properties.  Uponnotice by Lessor to Lessee that any of the aforesaid is occurring, the Lesseeshall, within five (5) days thereafter, remove, control the same, or justifythe continuation of same to the satisfaction of the Lessor.

 

The Lesseeshall,**at all times, keep andmaintain the whole of the leased premises, in a clean and neat condition, freefrom dirt, litter, rubbish, and debris. All garbage and refuse shall be kept in containers of a kind orcharacter which may, from time to time, by specified by Lessor, and shall beremoved or disposed of at Lessee’s cost and expense.

 

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5.             ASSIGNMENTAND/OR SUBLEASE:  Lessee may not assignthis Lease contract nor sublease the leased premises or any portion thereofwithout the prior, written consent of the Lessor.

 

6.             UTILITIES:  Lessee covenants and agrees to promptly pay,when due, all bills, charges, or rentals for water, sewer service, electricpower, gas, and other utilities used in or on the leased premises, and willhold the Lessor harmless from any liability or responsibility with reference tosame and will not suffer any lien to attach to the leased premises or anyportion of said premises by reason of the nonpayment or same.

 

7.             SIGNS:  Lessee shall have the right to erect orplace any reasonable signs or notice on the leased premises provided the sameshall not occasion any liability to inure to the potential detriment of theLessor and provided such signs shall be in strict conformity within anyordinances, rules, or regulations of the City of Biloxi.

 

8.             MAINTENANCEAND REPAIRS:  During the termhereof, Lessee shall supply and pay for all labor and materials necessary forthe performanceof its responsibilities regarding the repairs, upkeep and maintenance of theleased premises and shall not suffer or permit any lien to attach to, on, oragainst the leased premises or any portion thereof by reason of the nonpaymentof such bills and costs and will hold the Lessor harmless from and against thesame. The Lessee covenants and agrees to keep and maintain the leased premises andevery portion thereof in a condition and state of repairsubstantially equal to or better than that existing at the

 

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time of the inception of this leaseand will keep the leased premises free from litter and debris and will notpermit any fire or other hazard to exist without promptly removing or curingthe same.

 

9.             HAZARD ANDFLOOD INSURANCE:  Lessee agrees, binds,and obligates itself to secure, maintain, and pay all premiums for fire, andextended coverage insurance on the structure and other improvements located onthe leased premises in an amount not less than $50,000.00.  Lessee shall also secure, maintain, and payall premiums for flood insurance on the structures and other improvementslocated thereon in an amount not less than $50,000.00.  Lessor shall be listed on both policiesspecified in this paragraph as an additional loss payee.  The original or a true copy of the policy orpolicies and any renewals or replacements thereof shall be furnished to Lessoralong with evidence from the insurance company or its agent of the payment ofthe premium(s) .  Such insurance shallbe secured from and written by a reputable insurance company qualified to dobusiness in the State of Mississippi. Should Lessee fail or refuse to purchase, maintain, and/or pay thepremiums for such fire and extended coverage insurance and flood insurance orshould Lessee fail to furnish to the Lessor the original or a true memorandumcopy of such insurance policy or policies evidencing the existence of suchinsurance coverage applicable to all times during the term hereof, such failureor refusal may be deemed by Lessor to be a material breach of this contract,entitling the Lessor to the rights and remedies

 

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as set out in paragraph 16 relatingto default; or, should the Lessee fail and refuse to secure and/or pay thepremiums for such fire and extended insurance coverage or flood insurance,Lessor shall have the right to secure, purchase, and pay for such insurancecoverage in the amounts set forth above or such lesser amount as is deemedsuitable by the Lessor and to notify the Lessee of same and to require thepayment or reimbursement of such premiums along with the next following monthlyrental which shall become due from the Lessee under the terms hereof, and thefailure by Lessee to pay or reimburse Lessor for insurance premium(s) so paidor before the tenth (10th) day of the following month after such notice may bedeemed by Lessor to be a breach of this contract entitling the Lessor to allrights and remedies as set out in paragraph 16 relating to default.

 

10.           PUBLIC ANDEMPLOYEE LIABILITY:  The Lessee does herebycovenant and agree to indemnify Lessor of and against any and all liability orresponsibility for damage or injury to the persons or property of any thirdparty including, but not limited to, employees, officers, or agents of theLessee and including, but not limited to, licensees, invitees, or trespasserson the leased premises, which shall occur or arise on or about the leasedpremises or by reason of the Lessee’s use or occupancy thereof.  During the entire term of this lease or anyrenewal or extension hereof, Lessee shall purchase, secure, maintain, and prepaythe premiums for workmen’s compensation insurance and for general

 

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public liability insurance withliability limits of at least $1,000,000.00 single limit for bodily injuries orproperty damage.

 

11.           INSPECTIONS:  Lessee agrees to permit the Lessor or itsauthorized agents to enter upon and to inspect the leased premises and theequipment,**machinery, andfixtures which may, from time to time, be situated thereon; provided, however,such inspections shall be made and performed after pre-arrangement with Lessee,and every reasonable effort shall be****madeby Lessor to avoid inconvenience to Lessee or disruption of its business oroperations.

 

12.           CASUALTYDAMAGE:  In the event thestructure or other improvements on the leased premises or any portion thereofshall be damaged by fire or other cause or casualty and in the event suchdamage can be reasonably repaired and restored within a period of ninety (90)days, this lease contract shall remain in force, but the rental reserved herebyshall abate to the proportionate extent that the leased premises shall havebeen rendered unusable or untenantable by Lessee for the purposes intended andfor the period of time actually required for the performance of repairs andrestoration.  And in the case of suchdamage or injury, the proceeds of any casualty insurance paid or recoveredshall be used and/or made available by Lessor to pay the costs of labor andmaterials for the accomplishment of such repairs and restoration.  Nevertheless, in no event shall Lessor berequired to expend any sum in excess of the actual amount recovered from suchinsurance toward the repair and restoration of the premises.

 

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Should thestructures or other improvements located on the leased premises be completelyor substantially destroyed or rendered untenantable or unusable by the Lesseefor the intended uses/purposes for a period of time in excess of ninety (90)days by reason of fire or other casualty this lease contract may be terminatedby either party hereto upon ten (10) days notice in writing to the other party,in which event the rental due hereunder shall be adjusted to the date of theoccurrence of such fire or casualty.

 

The Lessorshall have no responsibility whatsoever with regard to damage to or destructionof furniture, fixtures, machinery, and equipment of the Lessee or any thirdparties installed in or situated on the leased premises, regardless of thecause or reason for such damage or destruction.

 

Anyinsurance payment or recovery made or had as a result of an insurable loss ofor damage to the structures or other improvements located on the leasedpremises shall be used to return the structures and other improvements locatedon the leased premises, to the condition substantially equal to or better thanthat existing at the time of the inception of this lease.  Any insurance payment or recovery made orhad by reason or damage to or destruction of furnishings, trade fixtures, machinery,and equipment owned by Lessee shall be payable to and shall be and belong tothe Lessee.

 

13.           QUIETENJOYMENT AND VACATION OF PREMISES: Provided the Lessee shall pay, when due, all rentals reserved hereby andshall

 

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do,perform, and/or abide by all of the terms, conditions, and covenants upon it asherein provided, Lessee shall have the right to the continued, uninterrupted,peaceful, and quiet use and enjoyment of the leased premises during the fullterm hereof and the term of any renewal or extension hereof.

 

Upon thetermination hereof (either by expiration of the primary or any renewal orextension term hereof or by any breach*,*violation,cause, or occurrence which may serve to permit termination or cancellationhereof), Lessee covenants and agrees to release, surrender, and abandon thewhole of the leased premises, including any additions, alterations, or realimprovements thereto, in a good condition, reasonably equal to the condition ofsame on the date hereof, normal wear and tear and/or damage by casualty notcaused by any intentional or negligent act of the Lessee, its agents, officers,or employees being specifically excepted.

 

14.           IMPROVEMENTSAND/OR ALTERATIONS:  Lessee shall have the right,from time to time, to make such reasonable additions, alterations, orimprovements to the leased premises as shall be suitable or necessary forLessee’s conduct and operation of its business on the leased premises,provided, however, prior to the commencement of such additions, alterations, orimprovements, Lessor shall have approved, in writing, the plans andspecifications therefor.  In the eventthe Lessor shall decline approval of such plans and specifications submitted byLessee, the reason(s) therefore shall be promptly transmitted, in writing, toLessee.

 

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Except ashereinabove provided, no improvements, additions, or alterationsof or to the real improvements on the leased premises shall be made without theprior, written consent or approval of the Lessor.  Any and all improvements, additions, and alterations which theLessee shall make or attach or shall cause to be made or attached to the leasedpremises (whether made with or without consent or approval of**the Lessor) shall, at the option of theLessor, become part of the leased premises and the property of the Lessor andshall remain at or in the leased premises at the conclusion or termination ofthis lease or any renewal or extension hereof.

 

Thepreceding paragraphs shall not apply with respect to any trade fixtures,equipment, or machinery installed in or on the leased premises in connectionwith the accomplishment by Lessee of its purposes as hereinabove provided.

 

15.           TAXES:  All ad valorem taxes levied or payment inlieu of taxes levied on or against the real property or improvementsshall be promptly paid when due by the Lessee. Any ad valorem taxes levied or assessed on or against any equipment,machinery, furnishings, trade fixtures, inventory or stock of materials ormanufactured goods shall be the responsibility of the Lessee, and Lessee shallpay all taxes promptly as and when the same shall become due and shall notsuffer or permit any lien to attach to or against the lease premises or anyportion thereof by reason of the nonpayment of such taxes.

 

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16.           DEFAULT:  Should the leased premises be abandoned orvacated by Lessee, if proceedings are commenced against Lessee in any court undera bankruptcy act for the appointment of a trustee or receiver of Lessee’sproperty, should any rental payment become due but be unpaid and remain unpaidfor a period of ten (10) days following the due date thereof or should Lesseedefault or commit a material breach in the performance of or with reference toany of the covenants, terms, conditions, agreements, or provisions hereofapplicable to it, the Lessor may, at its option, demand, recover, and takepossession of and re-enter the leased premises, and, thereupon, this leaseshall absolutely determine without prejudice to any other right or remedy ofthe Lessor with respect to a breach for violation by the Lessee of any of theterms or conditions herein contained and applicable to it.  Nevertheless, except with regard to thepayment of rental, the right of the Lessor to demand, take, and recoverpossession of**the leased premisesupon default by the Lessee shall be predicated upon compliance with thefollowing conditions:  The Lessor, or anagent or attorney of the Lessor, shall furnish notice in writing of the breachor default claimed to exist and the details regarding the same and the Lesseeshall then and there have period of thirty (30) days from the date of thedelivery of such notice within which to cure such default should it be willingor able to do so; should the Lessee cure or correct the breach or defaultclaimed by the Lessor within thirty (30) days following the receipt of noticeas hereinabove provided, then and in such event, the provisions hereinabove setforth for the

 

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terminationor cancellation of this lease contract shall lapse.  Should it become necessary for the Lessor to retain an attorneyto enforce any of the Lessee’s obligations under the terms of this lease,Lessee shall be responsible for the payment of a reasonable attorney’s fee.

 

17.           NOTICES:  Any notices as called for, required, orgiven under the terms of this lease contract shall be in writing and shall bedeemed to be duly given only if delivered personally or mailed bycertified mail, postage prepaid, addressed as to the Lessee at 772 Hengen Lane,Biloxi, Mississippi 39532, and as to the Lessor in care of the Mayor at P.O.Box 429, Biloxi, Mississippi 39532.  Ifeither party admits in writing the receipt of any notice, evidence of servicein accordance herewith shall not be necessary.

 

18.           MISCELLANEOUSPROVISIONS:

 

(a)           Captions:  The captions or headings of provisionsherein are for convenience only and shall not be construed to affect the actualterms, conditions, and provisions of this lease contract.

 

(b)           Designationof Parties:  The terms “Lessor” and“Lessee” as used herein throughout shall designate the party Lessor and theparty Lessee regardless of gender, number, and regardless of whether such partyshall be a corporation, individual, or public body, or any combination thereof.

 

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(c)           This agreement shall be governed byand construed and enforced in accordance with the laws of the State ofMississippi.

 

(d)           This lease contract contains theentire agreement between the parties and may not be amended or altered exceptby written agreement.

 

19.           Subject tothe provisions herein contained, this contract is binding upon the partieshereto, their heirs, assigns, personal representatives, executors,administrators, and successors.

 

IN WITNESSWHEREOF, the parties have hereunto set their hand as of the day and yearhereinabove set forth.

 
|    | LESSOR:                                                |
|---------|--------------------------------------------------------|
|    |                                                   |
|    | CITY  OF BILOXI, MISSISSIPPI,  a Municipal Corporation |
|    |                                                   |
|    |                                                   |
|    | By:                                                    | /s/ [ILLEGIBLE] |   |
|    |                                                   | Mayor |
|    |                                                   |
| ATTEST: | /s/ [ILLEGIBLE]                                        |   |   |
|    | MUNICIPAL CLERK                                        |   |
|    |                                                   |
| (SEAL)  | BILOXI - PORT COMMISSION                               |
|    |                                                   |
|    |                                                   |
|    | By:                                                    |  /s/ [ILLEGIBLE] |   |
|    |                                                   | President |
|    |                                                   |
| ATTEST: | /s/ [ILLEGIBLE]                                        |   |   |
|    | SECRETARY                                              |   |
|    |                                                   |
| (SEAL)  |                                                   |
|    |                                                   |
| [SEAL]  | LESSEES:                                               |
|    |                                                   |
|    |                                                   |
|    | /s/ Joe Lancon                                         |   |
|    | JOE LANCON                                             |
|    |                                                   |
|    |                                                   |
|    | /s/ Charmagne Lancon                                   |   |
|    | CHARMAGNE LANCON                                       |
|         |                                                        |  |  |  |  |  |

 

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STATEOF MISSISSIPPI

 

COUNTYOF HARRISON

 

Personallyappeared before me, the undersigned authority in and for the aforesaidjurisdiction, Pete Halat and F. Cliff Kirkland, the Mayor and Municipal Clerk,respectively, of the City of Biloxi, a municipal corporation, who acknowledgedthat they signed and delivered the above and foregoing instrument on the dayand year herein mentioned, after being duly authorized to so do.

 

Givenunder my hand and seal of office on this the 22nd day of January,**1993.

 
|                    | /s/ [ILLEGIBLE] |
|-------------------------|-----------------|
|                    | NOTARY PUBLIC   |
| My  Commission Expires: |            |
| 5/9/95                  |            |   |
|                    |            | [SEAL] |

 

 

STATEOF MISSISSIPPI

 

COUNTYOF HARRISON

 

Personallyappeared before me, the undersigned authority in and for the said county andstate, on this 2lst day of January, 1993, within my jurisdiction, thewithin named Joe Creel and Horace J. Guillotte who acknowledged that theyare the President and Secretary, respectively of the Biloxi Port Commission,and that for an on behalf of the said corporation, and as its act and deedexecuted the above and foregoing instrucment after first having been dulyauthorized so to do.

 

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Givenunder my hand and seal of office on this the 21st day of JANUARY,1993.

 
|                                 | /s/ [ILLEGIBLE] |
|--------------------------------------|-----------------|
|                                 | NOTARY PUBLIC   |
| My  Commission Expires:              |            |
| My Commission Expires March 27, 1994 |            |   |
|                                      |                 |  |

 

STATEOF MISSISSIPPI

 

COUNTYOF HARRISON

 

Personallyappeared before me, the undersigned authority in and for the aforesaidjurisdiction, Joe Lancon and Charmagne Lancon, who acknowledged that theysigned and delivered the above and foregoing instrument on the day and yeartherein mentioned.

 

Givenunder my hand and seal of office on this the 14 day of JANUARY, 1993.

 
|                                 | /s/ [ILLEGIBLE] |
|--------------------------------------|-----------------|
|                                 | NOTARY PUBLIC   |
| My  Commission Expires:              |            |
| My Commission Expires March 27, 1994 |            |   |
|                                      |                 |  |

 

[SEAL]

 

 
| STATEMENT OF FEES                                                                                                                                                                                                                    |   |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                                                                                                                 |   |
| First Page                                       | $2.00  |   |
|                                                                                                                                                                                                                                 |   |
| Add. Page at $1.00                                                                                                                                                                                                                   | 14.00  |   |
|                                                                                                                                                                                                                                 |   |
| Abstracting/Section  at $1.00                                                                                                                                                                                                        | 3.00   |   |
|                                                                                                                                                                                                                                 |   |
| Marginal Entry at .50                                                                                                                                                                                                                |   |
|                                                                                                                                                                                                                                 |   |
| Total Fees                                                                                                                                                                                                                           | 17.00  |   |
|                                                                                                                                                                                                                                      |        |  |  |

 

[SEAL]

 

STATEOF MISSISSIPPI, COUNTY OF HARRISON, SECOND JUDICIAL DISTRICT:

 

I hereby certify that this instrument was receivedand filed for record at 4 o’clock and 40 minutes P.M. on 26 day of January,A.D. 1993 and recorded January 26, 1993 in Records of Deeds                                    Book 251 Pages 289-303

 
|   | G.N.  [ILLEGIBLE], Chancery Clerk |
|--------|-----------------------------------|
|   |                              |
|   | By                                | /s/ [ILLEGIBLE] | , D.C. |

 

93 - 229

 

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EXHIBIT “A”

 

LEGALDESCRIPTION:

 

Thatcertain real property being situated in the City of Biloxi, Second JudicialDistrict of Harrison County, Mississippi, and being described more particularas follows, to-wit:

 

Commencing at the intersection ofthe South line of a concrete sidewalk on the South margin of U.S.  Highway No. 90 with the East margin ofLameuse Street if said East margin were extended South, thence run S 0°35'11"E along said extension a distance of 234.96 feet to a point, thence S 89"53' 06" E a distance of 4.19 feet to a point having co-ordinated values ofN263731.954 and E483083.834 based on City Base Mapping Monuments 29**and 44, said point also being thePoint-of-Beginning of the herein described parcel.

 

Fromsaid Point-of-Beginning continue S 89° 53' 06" E along the centerlineof the existing seawall a distance of 65.00 feet to a point, thence S 0° 38'16" E a distance of 50.00 feet to a point, thence N 89° 53'06" W a distance of 18.92 feet to a point, thence S 0° 38'16" E a distance of 30.69 feet to a point at the Southeast corner of theexisting Seafood Market, thence N 89° 53' 06" W along the South lineof said Seafood Market, a distance of 46.08 feet to a point on the West face ofa concrete sidewalk, thence N 0° 38'16" W along said West face a distanceof 80.96 feet to the Point-of-Beginning.

 

Said parcel contains 4,663.79 sq. ft. or 0.11 acres more or less.

 
| STATEMENT OF FEES                                                                                                                                                                                                                    |   |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                                                                                                                                                                                                                                 |   |
| First Page                                       | $2.00  |   |
|                                                                                                                                                                                                                                 |   |
| Add. Page at $1.00                                                                                                                                                                                                                   | 15.00  |   |
|                                                                                                                                                                                                                                 |   |
| Abstracting/Section  at $1.00                                                                                                                                                                                                        | 1.00   |   |
|                                                                                                                                                                                                                                 |   |
| Marginal Entry at .50                                                                                                                                                                                                                |   |
|                                                                                                                                                                                                                                 |   |
| Total Fees                                                                                                                                                                                                                           | 18.00  |   |
|                                                                                                                                                                                                                                      |        |  |  |

 

[SEAL]

 

STATEOF MISSISSIPPI, COUNTY OF HARRISON, SECOND JUDICIAL DISTRICT:

 

I hereby certify that this instrument was receivedand filed for record at 4 o’clock and 42 minutes P.M. on 4 day of March, A.D.1993 and record March 4, 1993 in Records of Deeds                                    Book 252 Pages 635-650

 
|   | G.N.  [ILLEGIBLE], Chancery Clerk |
|--------|-----------------------------------|
|   |                              |
|   | By                                | /s/ [ILLEGIBLE] | , D.C. |

 

93 - 569

 

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