ACCOUNT CONTROL AGREEMENT
Pokagon Band of Potawatomi Indians ("Band") Lakes Gaming, Inc. ("Lakes")
Firstar Bank of Minnesota, N.A. ("Bank")
Lakes has granted Band a security interest pursuant to a Pledge and Security Agreement of near or even date
(the "Security Agreement") in a securities account maintained by Bank for Lakes, and in all related property. The
parties are entering into this agreement to perfect Band's security interest in that account and those assets.
1. The Account.
Bank represents and warrants to Band that:
a. Bank maintains account number (xxxxxxx) (the "Account") for Lakes under the name "Pokagon Collateral
b. Lakes has deposited $20,900,000 in the Account, subject to this Control Agreement.
c. Lakes shall make such further deposits into the Account as may be required under the Agreements, including
without limitation such amounts as are needed to maintain a $2,000,000 balance in the Account in accordance
with ss. 8.2 of the Development Agreement.
d. Bank does not know of any claim to or interest in the Account, except for claims and interests of the parties
referred to in this Agreement.
a. The following terms shall have the indicated meanings:
"AWARD" means the award of an arbitrator relating to the Account in an arbitration conducted in accordance
with Article 14 of the Development Agreement.
"BAND ACCOUNT" means a bank account in the name of the Band on which Lakes does not have signatory
authority, which account is designated by the Band pursuant to ss. 13(a) of this Agreement to receive transfers
from the Account on account of the Transition Loan and the Non-Gaming Acquisition Line of Credit and
$900,000 of the Signing Fee.
"BAND NOTIFICATION OF EXCLUSIVE CONTROL" means a Band Notification of Lakes Default or a
Band Notification of Termination.
"BAND NOTIFICATION OF LAKES DEFAULT" means notification by the Band to Bank that (a) a Manager
Event of Default or a Lak