Schedule of Collateral, Notes,
Security Interests, and Ownership Interests
July 7, 2009
This Schedule
of Collateral, Notes, Security Interests, and Ownership Interests
is created and executed pursuant to the terms of the July 2009
Amended and Restated Security Agreement (the “ARSA”)
entered into by and between Nevada Gold & Casinos, Inc., as
Maker (“NGC”), and Louise H. Rogers as the Holder and
Secured Party (“Rogers”) effective as of July 7,
2009. This Schedule is dated below and is deemed to
amend and replace any existing schedules of collateral between the
Parties. This Schedule sets forth property of NGC and
its related and affiliate entities, namely, Gold Mountain
Development, L.L.C. (“GMD”), CGC Holdings, L.L.C.
(“CGC”), Colorado Grande Enterprises, Inc.
(“CGE”), and Nevada Gold BVR, L.L.C.
(“NGBVR”), all of which have granted, and by this
Schedule do grant, to Rogers a security interest according to the
terms of the ARSA and pursuant to applicable Commercial Pledge
Agreements as additional collateral to secure the payment of the
Amended and Restated Promissory Note between Rogers and NGC dated
July 7, 2009, in the original principal sum of $6,000,000.00 (the
“Note”), together with all Notes, Guarantees, and other
security instruments relted to the Note. For property
that is held or owned by a person or entity other than NGC, that
party is identified by the term “DEBTOR” and its
company abbreviation. All of the terms and conditions of
the ARSA are incorporated in this Schedule by reference for all
purposes as though fully set forth at length. NGC, GMD,
CGC, CGE, and NGBVR all authorize Rogers to file, in paper or by
electronic means, all UCC-1s and other appropriate forms to give
notice of and to perfect the security interests represented in this
Schedule in any and every jurisdiction in which Rogers deems it
appropriate to file.
Column headings
in the Schedule below have the following meanings:
Party – entries in this
column: “NGC” – denotes that Nevada
Gold & Casinos, Inc., as Maker, is granting a security interest
in the collateral described pursuant to the ARSA:
“DEBTOR” – denotes that a third party entity or
person is granting a security interest in the described collateral
pursuant to the terms of a Guaranty and a Commercial Pledge
Agreement both executed pursuant to the terms of the
ARSA. That third party is further identified by its
company abbreviation set forth above.
Description
of Collateral –
entries in this column describe the property that is being pledged
as security by that Party.
Type of
Interest Pledged –
entries in this column denote the nature of the property being
pledged.
Required
Consents – entries
in this column denote the waiver or consents required of a third
party whose ownership interest have been pledged and described
under Description of Collateral that must be obtained by NGC for
the benefit of Rogers in order to comply with the requirements of
the ARSA for the creation of effective and enforceable security
interests in the collateral. If this requirement does
not appear in this Schedule, then Rogers shall be deemed to have
accepted the collateral as represented in this Schedule as
sufficient without further waivers until and unless Rogers
subsequently demands additional waivers or consents pursuant to the
provisions of the ARSA.
|
Party
|
Description of
Collateral
|
Type of
Interest Pledged
|
Required
Consents
|
|
NGC
|
100% interest
in CGC Holdings, L.L.C.
|
LLC
Membership
|
See F.N.
1
|
|
DEBTO
|