SIXTH MODIFICATION AGREEMENT
BY THIS SIXTH MODIFICATION AGREEMENT, made and entered into as of the 15th day of June,
2007, STAR BUFFET, INC., a Delaware corporation, whose address is 1312 N. Scottsdale Road, Scottsdale,
AZ 85257 (hereinafter called “ Borrower” ), and M&I MARSHALL & ILSLEY BANK, a banking corporation
organized and existing under the laws of the State of Wisconsin, whose address is One East Camelback Road,
P.O. Box 11856, Phoenix, Arizona 85061-1856 (hereinafter called “ Lender” ), confirm and agree as follows:
SECTION 1. RECITALS
1.1 Borrower and Lender entered into a Loan Agreement dated October 28, 2003 (as modified
by the Prior Modifications, defined below, the “ Loan Agreement ”), which provided for a revolving line of credit
by Lender to Borrower in the amount of $3,000,000.00 (the “ Loan ”), all upon the terms and conditions
1.2 The Loan is evidenced by a Promissory Note (Revolving Note) dated October 28, 2003
executed by Borrower, payable to the order of Lender, in the principal amount of $3,000,000.00 (as modified
by the Prior Modifications, the “ Note” ).
1.3 Borrower and Lender have entered into a Modification Agreement, dated October 31, 2004,
a Second Modification Agreement, dated February 1, 2005, a Third Modification Agreement, dated July 1,
2005, a Fourth Modification Agreement, dated January 13, 2006, and a Fifth Modification Agreement, dated
May 24, 2006 (the “ Prior Modifications ”).
1.4 The Loan Agreement, the Note, the Prior Modifications, this Agreement and all other
documents and instruments evidencing or executed and delivered in connection with the Loan, together with all
modifications and amendments thereto and any documents required herein, are hereinafter collectively called the “
Loan Documents .”
1.5 Borrower and Lender desire to modify the Loan and the Loan Documents as set forth herein.
SECTION 2. LOAN AGREEMENT
2.1 The defini