INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE

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Exhibit 4.4

        INSTRUMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE, dated as of June 26, 2008 (this " Instrument "), among MTR Gaming Group, Inc., a corporation duly organized and existing under the laws of Delaware, having its principal office at State Route 2, South, P.O. Box 358, Chester, West Virginia 26034 (the " Company "), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States, having a corporate trust office at 213 Court Street, Suite 703, Middletown, Connecticut 06457, solely in its capacity as resigning Trustee (the " Resigning Trustee "), and WILMINGTON TRUST COMPANY, a banking corporation duly organized and existing under the laws of the State of Delaware, having its corporate trust office at 1100 North Market Street, Wilmington, DE 19890, solely in its capacity as successor Trustee (the " Successor Trustee ").

RECITALS

        WHEREAS, there are currently outstanding under the Indenture dated as of March 25, 2003 as supplemented by the supplemental indentures dated as of July 31, 2003, April 23, 2004, January 11, 2006, May 12, 2006, May 17, 2006, June 1, 2007, June 15, 2007, and March 7, 2008 among the Company, the Guarantors as defined therein and the Resigning Trustee (as supplemented, the " 2003 Indenture ") $130,000,000 in aggregate principal amount of the Company's 9 ³ / 4 % Senior Notes due 2010 (the " 9 ³ / 4 % Notes due 2010 ") issued pursuant to the 2003 Indenture.

        WHEREAS, there are currently outstanding under the Indenture dated as of May 25, 2006 as supplemented by the supplemental indentures dated as of June 1, 2007, June 15, 2007, and March 7, 2008 among the Company, the Guarantors as defined therein and the Resigning Trustee (as supplemented, the " 2006 Indenture " and together with the 2003 Indenture, the " Indentures ") $125,000,000 in aggregate principal amount of the Company's 9% Senior Subordinated Notes due June 1, 2012 (the " 9% Notes Due 2012 " and together with the 9 ³ / 4 % Notes due 2010 , the " Notes ") issued pursuant to the 2006 Indenture.

        WHEREAS, the Resigning Trustee wishes to resign as Trustee, the office or agency where the Notes may be presented for registration of transfer or exchange (the " Registrar "), and the office or agency where the Notes may be presented for payment (the " Paying Agent "). The Company wishes to appoint the Successor Trustee to succeed the Resigning Trustee as Trustee, Registrar and Paying Agent under each of the Indentures. The Successor Trustee wishes to accept appointment as Trustee, Registrar and Paying Agent under each of the Indentures.

        NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the receipt and sufficiency of which are hereby acknowledged, the Company, the Resigning Trustee and the Successor Trustee agree as follows:

ARTICLE ONE
THE RESIGNING TRUSTEE

         Section 101.     Pursuant to Section 7.8 of each of the Indentures, the Resigning Trustee hereby notifies the Company that it is hereby resigning as Trustee, Registrar and Paying Agent effective immediately upon full execution of this Instrument by all the parties hereto, subject to Section 402.

         Section 102.     The Resigning Trustee hereby represents and warrants to the Successor Trustee that:

        (a)   No covenant or condition contained in any of the Indentures has been waived by the Resigning Trustee.

        (b)   There is no action, suit or proceeding pending or, to the best of the knowledge of the responsible officers of the Resigning Trustee, threatened against the Resigning Trustee before any court or governmental authority arising out of any action or omission by the Resigning Trustee as Trustee, Registrar, or Paying Agent under any of the Indentures.

        (c)   This Instrument has been duly authorized, executed and delivered on behalf of the Resigning Trustee.

        (d)   $130,000,000 aggregate principal amount of the 9 ³ / 4 % Notes due 2010 is outstanding.

        (e)   $125,000,000 aggregate principal amount of the 9% Notes Due 2012 is outstanding.

        (f)    Interest on the 9 ³ / 4 % Notes due 2010 has been paid to, but not including April 1, 2008.

        (g)   Interest on the 9% Notes Due 2012 has been paid to, but not including June 1, 2008.

        Section 103.     The Resigning Trustee hereby assigns, transfers, delivers and confirms to the Successor Trustee all right, title and interest of the Resigning Trustee in and to the Trusts under the Indentures, all the rights, powers, trusts and duties of the Resigning Trustee under each of the Indentures and all property and money, if any, held by such Resigning Trustee under the Indentures, with like effect as if the Successor Trustee was originally named as Trustee under the Indentures. The Resigning Trustee shall execute and deliver such further instruments and shall do such other things as the Successor Trustee may reasonably require so as to more fully and certainly vest and confirm in the Successor Trustee all the rights, powers, trusts and duties hereby assigned, transferred, delivered and confirmed to the Successor Trustee.

         Section 104     As of or promptly after the effective date hereof, the Resigning Trustee shall deliver to the Successor Trustee, to the attention of Adam Berman, Vice President, Wilmington Trust FSB, 591 Broadway, Suite 2-A, New York, NY, 10012, the items listed on Exhibit A annexed hereto, to the extent these items are in the possession, custody or control of the Resigning Trustee, to the extent these items are in the possession, custody or control of the Resigning Trustee.

         Section 105.     The Resigning Trustee agrees to pay or indemnify the Successor Trustee and save the Successor Trustee harmless from and against any and all costs, claims, liabilities, losses or damages whatsoever (including the reasonable fees, expenses and disbursements of the Successor Trustee's counsel and other advisors), that the Successor Trustee suffers or incurs without negligence or willful misconduct on its part arising out of actions or omissions of the Resigning Trustee. The Successor Trustee will furnish to the Resigning Trustee, promptly after receipt, all papers with respect to any action the outcome of which would make operative the indemnity provided for in this Section. The Successor Trustee shall notify the Resigning Trustee promptly in writing (and, in any event, within no later than 10 business days) of any claim for which it may seek indemnity. The Resigning Trustee shall have the option to defend the claim and the Successor Trustee shall cooperate fully in the defense. If the Resigning Trustee shall assume the defense, then the Resigning Trustee shall not pay for separate counsel of the Successor Trustee. The Resigning Trustee shall not be obligated to pay for any settlement made without its consent.

ARTICLE TWO
THE COMPANY

         Section 201.     The Company hereby certifies that the Company is, and the officer of the Company who has executed this Instrument is, duly authorized to: (a) accept the Resigning Trustee's resignation as Trustee, Registrar and Paying Agent under each of the Indentures as provided in Section 101 above; (b) appoint the Successor Trustee as Trustee, Registrar and Paying Agent under each of the Indentures; and (c) execute and deliver such agreements and other instruments reasonably acceptable to the Company as may be necessary or desirable to effectuate the succession of the Successor Trustee as Trustee, Registrar and Paying Agent under each of the Indentures.

         Section 202.     Pursuant to Section 7.8