Okaloosa County BOCC — April 21, 2015 — Collateral Request — reading text

Assignor, Assignee shall be entitled to assume Assignor’s interest and obligations under the Lease, in Assignee’s sole discretion, immediately upon such cure and for the remainder of the term, together with any option, renewal or extension rights set forth in the Lease. 9. Legal Expenses. If Assignee exercises its rights under this Agreement, or if it becomes necessary in connection with legal proceedings or otherwise to defend or uphold the Agreement, all sums, including, without limitation, reasonable attorney’s fees and disbursements, paid or incurred by the Assignee for the expense of any litigation or otherwise, in connection with any rights created by this Agreement or any other Loan Document, shall be paid by the Assignor, or may at the discretion of the Assignee be added to the Loan and shall be secured hereby equally and ratably and shall bear interest until paid at the rate of interest provided in the Loan Documents for amounts due after maturity. 3 10. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida and the parties herein hereby expressly consent to and waive any right to contest the appropriateness of any proceeding brought by the Assignee within such jurisdiction based upon lack of personal jurisdiction, improper venue or forum non convenience. 11. Oral Changes Not Authorized. All modification to this Agreement shall be made in writing duly executed by the parties. 12. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted and construed in such manner as to be effective and valid to the fullest extent possible under applicable law. However, in the event any one portion of this Agreement shall be determined by a court of competent jurisdiction to be unenforceable, then the remaining provisions shall remain enforceable in accordance with their terms as if the unenforceable provisions were never contained in the Agreement. 13. Waiver of Jury Trial. THE PARTIES HEREIN HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED UPON THIS AGREEMENT, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE LOAN TRANSACTIONS WHICH THE LOAN DOCUMENTS EVIDENCE, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS BY ANY PARTY. THIS WAIVER IS GIVEN AS A MATERIAL INDUCEMENT FOR THE ASSIGNEE TO EXECUTE THIS AGREEMENT AND TO ADVANCE THE LOAN. 14. Descriptive Headings; Context. The captions in this Agreement are for convenience of reference only and shall not define or limit any provision. Whenever the context so requires, reference in this Agreement to the neuter gender shall include the masculine and/or feminine gender, and the singular number shall include the plural, and, in each case, vice versa. 15. Counterparts. This Agreement may be executed by one or more of the parties on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have duly set their hands and seals on the date first above written. [Signatures on following pages] Signed, sealed and delivered ASSIGNOR in the presence of: DBR ENTERTAINMENT PRODUCTIONS, LLC Print Name: By: Its: Manager Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of April, 2015, by , as Manager of DBR Entertainment Productions, LLC, on behalf of the company, who is personally known to me or produced as identification. Notary Public My Commission Expires: ASSIGNEE CENTENNIAL BANK Print Name: By: Jeremy S. Bennett Its: Vice President Print Name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of April, 2015, by Jeremy S. Bennett, as Vice President of CENTENNIAL BANK, on behalf of the bank, who is personally known to me or produced as identification. Notary Public My Commission Expires: LANDLORD BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Print Name: By: Its: Print Name: STATE OF FLORIDA COUNTY OF OKALOOSA The foregoing instrument was acknowledged before me this day of April, 2015, by , as of the Board of County Commissioners Okaloosa County, Florida, on behalf of the County. He/she is personally known to me. Notary Public, State of Florida Print Name My Commission Expires: