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10.10(e)




FIRST AMENDMENT TO

SUBLEASE AGREEMENT




     THIS FIRST AMENDMENT TO SUBLEASE AGREEMENT (the “First Amendment”) is made and entered into
effective as of July 1, 2003 by and between GREENVILLE RIVERBOAT, LLC, a Mississippi limited
liability company (“Lessor”) and SARGASSO CORPORATION, a Kentucky corporation (“Lessee”). Lessor
and Lessee are sometimes hereafter collectively referred to as the “Parties,” and “Party” shall
mean either of them.



     WHEREAS, on or about June 2 6, 1996, the Parties entered into that Sublease Agreement (the
“Sublease”); and



     WHEREAS, the Parties desire to amend the Sublease in accordance with the terms of this First
Amendment.



     NOW, THEREFORE, for and in consideration of the mutual promises, agreements, covenants,
representations and warranties of toe Parties contained herein and in the Lease, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree that the Sublease is hereby
amended as follows:



     1. Defined Terms. Except as otherwise set forth herein, all defined terms used in
this First Amendment (which are capitalized for identification) shall have the meaning assigned to
them in the Sublease.



     2. Term. Section 2 of the Sublease is hereby amended as




(a); The following is added to the end of sub-section 2(a) : “Notwithstanding the above,
Lessee agrees that the Sublease shall be terminated simultaneously with the termination of
the Master Lease.”




(b) Sub-section (b) is deleted in its entirety.



     3. Rent. Section 3 of the Sublease is hereby amended by
deleting sub-section (b) in its entirety.



     4. Improvements. Section 4 of the Sublease is hereby amended and restated as
follows:




     4. Improvements . The Lessee may, at its own expense,
construct improvements on the Premises consistent with Section



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5 of the Sublease (the “Improvements”) . Lessor irrevocably grants to Lessee the
unrestricted right to adequate unobstructed means of ingress and egress over and across
the Remainder Parcel and the Access Routes for purposes of such construction, including
storage for construction materials. Upon the expiration or termination of this Sublease, all
Improvements (including but not limited to site improvements, buildings, permanently
installed equipment and “Fixtures”) shall become the property of Lessor. For purposes of
this Sublease, “Fixtures” shall include permanently installed equipment such as sinks,
light fixtures and chandeliers, bars, dishwashers, stoves, grills, ovens,, broilers, fryers,
vent hoods, fire extinguisher systems, coolers, refrigerators, freezers, warmers,
counters and cabinets, ice makers, built-in booths, and waste disposals; sewage
disposal systems; electrical systems (including but not limited to generators); heating,
air conditioning and ventilation systems; plumbing systems; telephone systems (excluding the
actual telephones). Lessor acknowledges that under the terms of the Master Lease, all of
such Improvements and Fixtures shall remain with the Entire Property and shall become the
property of the Master Lessor upon termination of the Master Lease. Lessor agrees that
Lessee shall have the right to remove its movable personal property (that is not
attached to any of the improvements and that is not included within the definition of
“Fixtures” as set forth above), and furniture and furnishings, to the extent Lessee desires
to remove such items and to the extent that such items can be removed without
causing structural damage or alterations to the remaining improvements on the Premises or to
the Premises. Upon removal of any such personal property, Lessee shall properly repair any
and all damage to the Premises (and the remaining improvements located thereon) caused by
the removal. Notwithstanding anything contained herein to the contrary, Lessee agrees that
it shall net remove any buildings, barges, bridges (or any components thereof) or
improvements or Fixtures located in the area cross-hatched on Exhibit “A” hereto,
the terms of which are incorporated herein by reference.



     5. Termination of Master Lease. Notwithstanding any provision of the Sublease to the
contrary, the Parties agree that m the event the Master Lease is terminated for any reason, then
the Sublease (and any renewal or extension thereof) shall be terminated simultaneously with the
termination of the Master Lease.



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     6. Extension of Sublease. Lessor acknowledges that by execution of this First
Amendment, Lessee has exercised its right no renew the Lease for another five (5) year period
beginning on July 1, 2004.



     7. Notice. Section 17 of the Sublease is hereby amended and restated in its entirety
as follows:




     Section 17. Notice. Any notice or request to be given or furnished under the
Sublease by either Party to the other Party shall be in writing and shall be delivered
personally or sent via facsimile transmission or registered or certified mail, postage
prepaid, or by prepaid overnight delivery service, at the addresses or facsimile numbers
listed below. A notice or request shall be deemed to be given (i) when delivered
personally, (ii) when sent by facsimile transmission, or (iii) when sent by certified mail
or overnight. delivery service at the time of delivery as indicated on the duly completed
U. S. Postal Service return receipt or at the time of package pickup as indicated on the
records of or certificates provided by the overnight delivery service.


If to Lessor, to:



Wimar Tahoe Corporation, Manager

Greenville Riverboat, LLC

2 07 Grandview Drive

Ft. Mitchell, KY 41017

Attn: William J. Yung, President

Facsimile: 859-578-1190



If to Lessee, to:



Sargasso Corporation

207 Grandview Drive

Ft. Mitchell, KY 41017

Attn: William J. Yung, President

Facsimile: 859-578-1190




— Remainder of Page Intentionally Left Blank —




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	 	SARGASSO CORPORATION,

A Kentucky corporation,

LESSEE

 	 
	 	By:  	/s/
William J. Yung
 	 
	 	 	Name:  	William J. Yung 	 
	 	 	Title:  	President 	 
	 


GREENVILLE MARINE CORPORATION, a Mississippi corporation and the Master Lessor, executes this First Amendment for purposes of acknowledging, consenting and agreeing to the amendments of the Sublease as set forth above.




	 	 	 	 	 
	 	GREENVILLE MARINE CORPORATION, a

Mississippi corporation

 	 
	 	By:  	/s/ D. John Nichols
 	 
	 	 	D. John Nichols, President  	 
	 	 	 	 
	 



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STATE OF Kentucky




COUNTY OF Kenton





     PERSONALLY APPEARED BEFORE ME,
 the undersigned authority in and for the said county and state, on this 11th day of August, 2003, within my jurisdiction, the within named William J. Yung, who acknowledged that he is President of Wimar Tahoe Corporation, a Nevada corporation, the sole Manager of Greenville Riverboat, LLC, a Mississippi limited liability company, and that for and on behalf of said limited
 liability company and as its act and deed, he executed the foregoing instrument after having first been duly authorized so to do.



	 	 	 	 	 
	 	/s/ Illegible
	 	
Notary Public

 	 



My commission expires:

_______________________




STATE OF Kentucky




COUNTY OF Kenton





     PERSONALLY APPEARED BEFORE ME, the undersigned authority
 in and for the said county and state, on this 11th day August, 2003, within my jurisdiction, the within named William J. Yung, III,
 who acknowledged that he is the President of Sargasso Corporation, a Kentucky corporation, and that for and on behalf of said corporation
and as its act and deed, he executed the foregoing instrument after having first been duly authorized so to do.



	 	 	 	 	 
	 	/s/ Illegible
	 	
Notary Public

 	 



My commission expires:




 






August 8, 2003 (7:19 am)




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STATE OF MISSISSIPPI




COUNTY OF WASHINGTON





     PERSONALLY APPEARED
BEFORE ME, the undersigned authority in and for the said county and state, on this 8 day of August, 2003,
within my jurisdiction, the within named D. John Nichols, who acknowledged that he is President of Greenville Marine Corporation,
a Mississippi corporation, and that for and on behalf of said corporation and as its act and deed, he executed the foregoing instrument
after having first been duly authorized so to do.



	 	 	 	 	 
	 	/s/ Illegible
	 	
Notary Public

 	 



My commission expires:

11/21/03




August 8, 2003 (7:19 am)




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