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APN No. (s): Contract # When Recorded Mail Tax Statements to: RE TIM OB SO L ES TA UT HA INE ION RE D -AN BY SW ER S Eldorado Resorts Corp. Suntrust Building 2626East Oakland Park Blvd Fort Lauderdale, Florida 33306 Recording Requested By and When Recorded Mail To: Equity Land Title, LLC 3993 Howard Hughes Pkwy, Suite 400 Las Vegas, NV 89169 lnventory Control Number: One Bedroom Week No.: Type of Interest: Annual Unit Type: two Bedroom Biennial Triennial GRANT, BARGAIN, SALE DEED day of,20 THIS GRANT, BARGAIN, SALE DEED is executed this ("Grantor"); and Eldorado Resorts Corp., a Florida by and among corporation dtbtal Eldorado Development Corp. ("Grantee") whose address is 2626 East Oakland Park Boulevard, Fort Lauderdale, Florida 33306 WITNESSETH: Grantor, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains and sells to Graritee the interest in real property as that term is defined in the Declaration of Condominium and Time Share instrument The Grandview at Las Vegas, as more fully described as follows: See Exhibit'lA" attached hereto and made a part hereof THIS CONVEYANCE IS MADE SUBJECT TO: l. Taxes for the current fiscal year, and all subsequent years. 2. All of the terms, 3. Seller promises that: (i) seller now owns the property; (ii) seller has the right and authority to sell the property; and (iii) except as stated in this document or in Exhibit "A" no one else has any right or interests in the Properly which would reduce its value' provisions, conditions, rights, privileges, obligations, easements. Liens and limitations on the title set forth in the Declaration of Covenants, Conditions and Restrictions for The Grandview at Las Vegas recorded July 31,2003, in Book 20030737 as Instrument No', of Offrcial Records of Clark County, Nevada.
RE TIM OB SO L ES TA UT HA INE ION RE D -AN BY SW ER S 4. Such other covenants, conditions, restrictions, easements, right of way and other matters of record, if any, which may now affect the above-described property (or property described on Exhibit "A"). Together with all singular the tenements, hereditaments and appuftenances thereunto belonging or in anywise appertaining. STATEOF colnty this OF ) }SS _) of On day before me, the undersigned, a Notary Public in and for,20 said County and State, personally appeared known to me to be the persons described in and who executed the foregoing instrument, who acknowledged to me that they executed the same freely and voluntarily and for the uses and purposes therein mentioned. WITNESS my hand and official seal. Notarial Officer Expiration Date
RE TIM OB SO L ES TA UT HA INE ION RE D -AN BY SW ER S
SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE (the Agreement ) is made and entered into this day of, 20 by LES (collectively referred to hereinafter as Purchaser ), and ELDORADO RESORTS CORP., a Florida corporation d/b/a ELDORADO DEVELOPMENT CORP. (hereinafter Seller ). RECITALS: A. On or about Purchaser executed all documents necessary to purchase from Seller (the Transaction ) a timeshare interest described as One timeshare interest, Assigned Unit Week Assigned Unit at Grandview at Las Vegas (the Unit ) under Contract number B. Various disagreements have arisen between the parties (the Complaint ) and Purchaser wishes to cancel the Transaction. C. The Parties desire to resolve the Complaint, as well as all those matters which could form the basis of any cause of action by Purchaser against the Seller Entities, as defined below, which is intended to be a full and complete settlement of all claims, whether asserted or unasserted. NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Settlement. To fully resolve all pending claims and disagreements, whether asserted or unasserted, Purchaser had, has or may have against the Seller Entities (as defined below), Seller agrees to, upon receipt of a duly executed copy of this Agreement, cancel the Transaction. Purchaser waives any right to a refund of any monies paid in connection with the Transaction. Purchaser also agrees to execute any document necessary to ensure that title to the Unit vests with Seller. 3. Purchaser Release. Purchaser represents that it has proper and valid authority to execute this Agreement, and does hereby release, acquit and forever discharge Seller and its affiliates (collectively, the Seller Entities ) and the Seller Entities respective attorneys, employees, agents, representatives, successors and assigns, (the Released Entities ), from the beginning of time to the date of this Agreement, for certain good and valuable consideration, for all of those certain claims, counter-claims, set-offs, causes of action, lawsuits, demands, costs, damages, expenses, loss of services, interest or the like of whatsoever kind or nature, whether Page 1 of 4
arising in law or in equity, which the undersigned may have had, may now have, or may hereafter have against the Released Entities from the beginning of time to the date of this Agreement. Affiliate means any person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, Seller. For purposes of this definition, the term control (and the correlative terms, controlled by and under common control with ) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies, whether through ownership of securities or other interests, by contract or otherwise. 4. Seller Release. Seller hereby releases, acquits and forever discharges Purchaser, for certain good and valuable consideration, from all of those certain claims, counter-claims, set-offs, causes of action, lawsuits, demands, costs, damages, expenses, loss of services, interest or the like of whatsoever kind or nature, whether arising in law or in equity, which the undersigned may have had, may now have, or may hereafter have against Purchaser arising out of the Transaction, including, but not limited to, with regard to the purchase and sale of the Unit. 5. Consideration. The Parties admit the sufficiency and validity of the consideration for this Agreement. 6. No Admission. The Released Entities do not admit any liability or responsibility of any sort by reason hereof. This Agreement is made in compromise and to terminate further controversy respecting all past and present claims Purchaser has against the Released Entities, including, but not limited to, claims arising out of, asserted in, or which could be asserted in, the Complaint or arising out of the Transaction. 7. Confidentiality. Purchaser agrees to keep this Agreement, including but not limited to its existence and all terms and conditions hereof, confidential, and shall not divulge, make known, publish, or distribute by any means, or any manner whatsoever, either individually, or on behalf of any other person, firm, partnership, joint venture, association, group, corporation, or other entity, whether formal or informal, its existence or any of the terms and conditions hereof to any other person, persons or entity for any reason whatsoever. If Purchaser becomes legally compelled (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose this Agreement in a manner not otherwise permitted by this Agreement, they will provide Seller with prompt notice of the request prior to disclosing or producing the Agreement so that it may seek an appropriate protective order or other appropriate remedy. 8. Remedies. If any dispute arises concerning the disclosure or distribution of the terms of this Agreement or should any term, condition, or provision of this Agreement be breached or should there be a threat of such breach by Purchaser, as the case may be, the Seller Entities, or any one of them, may seek injunctive relief against Purchaser restraining such disclosure, distribution, unauthorized use or violation of the terms, conditions and provisions of this Agreement. That remedy will be in addition to any other legal or equitable remedy otherwise available and it is expressly agreed that a denial by a court of competent jurisdiction of an application for injunctive relief as a result of a finding by the court that the Seller Entities, or Page 2 of 4
any one of them, has not been irreparably harmed shall not impair or restrict such entity s right to pursue a claim for damages resulting from such breach. No bond or other security will be required in connection with the pursuit of that injunction. 9. Withdrawal of Claims. Purchaser agrees and promises to immediately withdraw any complaint filed by Purchaser with any local, state or federal agency, or any local, state or national television channel or network, or similar consumer complaint forum, in connection with or arising from or out of the Transaction and agrees to withhold any further comment or communication with any such entity regarding the Transaction. 10. Miscellaneous. a. Purchaser hereby declares that the terms of this Agreement have been completely read, and fully explained, and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, and it is specifically agreed that this Agreement shall be a complete bar to all claims or suits for damages of whatever nature that Purchaser had, has, could have had, or will have, against the Released Entities from the beginning of time to the date of this Agreement. The terms of this Agreement are contractual and are not a mere recital. b. Purchaser states that it has carefully read this Agreement, knows the contents thereof, and signs the same freely and voluntarily. c. This Agreement has been negotiated at arms length between persons knowledgeable in the matters dealt with herein. d. This Agreement is to be interpreted in accordance with the laws of the State of Florida. Should any court of competent jurisdiction deem any provision or clause of this Agreement to be illegal, invalid, or unconscionable and unenforceable, such provision or clause shall be fully severable from this Agreement and, in its place, there shall be added to this Agreement a similar provision as near in intent as possible which is not illegal or unconscionable, and this Agreement shall be construed and interpreted as if such illegal, invalid, or unconscionable and unenforceable provision or clause had never comprised a part of this Agreement. e. Each party shall bear payment of its own attorney s fees and costs associated with resolving this dispute, the Complaint, and drafting the appropriate documents to settle each. f. Each party hereto agrees to execute such other documents as may be reasonably requested by the other party to effect the terms of this Agreement, and to vest title to the Unit with Seller. g. In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to the recovery of all court costs and attorneys fees inclusive of court costs and attorneys fees incurred in any appellate proceedings. Page 3 of 4
h. This Agreement may be executed in any number of counterparts, each of which when so executed shall be an original, but such counterparts shall together constitute one and the same Agreement. Any signature of this Agreement delivered by a party via facsimile or email transaction shall be deemed to be an original signature thereto. 11. Waiver of Jury Trial. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS, COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHER SUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OF TORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date and year first above written. PURCHASER: SELLER: ELDORADO RESORTS CORP., a Florida corporation d/b/a ELDORADO DEVELOPMENT CORP., As President Page 4 of 4
RE TIM OB SO L ES TA UT HA INE ION RE D -AN BY SW ER S
SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE (the Agreement ) is made and entered into this day of,, by (collectively referred to hereinafter as Purchaser ), and ELDORADO RESORTS CORP., a Florida corporation d/b/a ELDORADO DEVELOPMENT CORP. (hereinafter Seller ). RECITALS: A. On or about Purchaser executed all documents necessary to purchase from Seller (the Transaction ) a timeshare interest described as One annual timeshare interest, Assigned, Assigned Unit at Grandview at Las Vegas (the Unit ) under Contract number B. Various disagreements have arisen between the parties (the Complaint ) and Purchaser wishes to cancel the Transaction. C. The Parties desire to resolve the Complaint, as well as all those matters which could form the basis of any cause of action by Purchaser against the Seller Entities, as defined below, which is intended to be a full and complete settlement of all claims, whether asserted or unasserted. NOW, THEREFORE, for and in consideration of the mutual covenants set forth herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Settlement. To fully resolve all pending claims and disagreements, whether asserted or unasserted, Purchaser had, has or may have against the Seller Entities (as defined below), Seller agrees to, upon receipt of a duly executed copy of this Agreement, cancel the Transaction. Purchaser waives any right to a refund of any monies paid in connection with the Transaction. Purchaser also agrees to execute any document necessary to ensure that title to the Unit vests with Seller. 3. Purchaser Release. Purchaser represents that it has proper and valid authority to execute this Agreement, and does hereby release, acquit and forever discharge Seller and its affiliates (collectively, the Seller Entities ) and the Seller Entities respective attorneys, employees, agents, representatives, successors and assigns, (the Released Entities ), from the beginning of time to the date of this Agreement, for certain good and valuable consideration, for all of those certain claims, counter-claims, set-offs, causes of action, lawsuits, demands, costs, damages, expenses, loss of services, interest or the like of whatsoever kind or nature, whether Page 1 of 4
arising in law or in equity, which the undersigned may have had, may now have, or may hereafter have against the Released Entities from the beginning of time to the date of this Agreement. Affiliate means any person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, Seller. For purposes of this definition, the term control (and the correlative terms, controlled by and under common control with ) shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies, whether through ownership of securities or other interests, by contract or otherwise. 4. Seller Release. Seller hereby releases, acquits and forever discharges Purchaser, for certain good and valuable consideration, from all of those certain claims, counter-claims, set-offs, causes of action, lawsuits, demands, costs, damages, expenses, loss of services, interest or the like of whatsoever kind or nature, whether arising in law or in equity, which the undersigned may have had, may now have, or may hereafter have against Purchaser arising out of the Transaction, including, but not limited to, with regard to the purchase and sale of the Unit. Purchaser specifically acknowledges that The Grandview at Las Vegas Owners Association, Inc. and Daily Management, Inc. are not Affiliates hereunder and any claim that these entities may have against the Purchaser is not released hereby. 5. Consideration. The Parties admit the sufficiency and validity of the consideration for this Agreement. 6. No Admission. The Released Entities do not admit any liability or responsibility of any sort by reason hereof. This Agreement is made in compromise and to terminate further controversy respecting all past and present claims Purchaser has against the Released Entities, including, but not limited to, claims arising out of, asserted in, or which could be asserted in, the Complaint or arising out of the Transaction. 7. Confidentiality. Purchaser agrees to keep this Agreement, including but not limited to its existence and all terms and conditions hereof, confidential, and shall not divulge, make known, publish, or distribute by any means, or any manner whatsoever, either individually, or on behalf of any other person, firm, partnership, joint venture, association, group, corporation, or other entity, whether formal or informal, its existence or any of the terms and conditions hereof to any other person, persons or entity for any reason whatsoever. If Purchaser becomes legally compelled (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose this Agreement in a manner not otherwise permitted by this Agreement, they will provide Seller with prompt notice of the request prior to disclosing or producing the Agreement so that it may seek an appropriate protective order or other appropriate remedy. 8. Remedies. If any dispute arises concerning the disclosure or distribution of the terms of this Agreement or should any term, condition, or provision of this Agreement be breached or should there be a threat of such breach by Purchaser, as the case may be, the Seller Entities, or any one of them, may seek injunctive relief against Purchaser restraining such disclosure, distribution, unauthorized use or violation of the terms, conditions and provisions of this Agreement. That remedy will be in addition to any other legal or equitable remedy otherwise Page 2 of 4
available and it is expressly agreed that a denial by a court of competent jurisdiction of an application for injunctive relief as a result of a finding by the court that the Seller Entities, or any one of them, has not been irreparably harmed shall not impair or restrict such entity s right to pursue a claim for damages resulting from such breach. No bond or other security will be required in connection with the pursuit of that injunction. 9. Withdrawal of Claims. Purchaser agrees and promises to immediately withdraw any complaint filed by Purchaser with any local, state or federal agency, or any local, state or national television channel or network, or similar consumer complaint forum, in connection with or arising from or out of the Transaction and agrees to withhold any further comment or communication with any such entity regarding the Transaction. 10. Miscellaneous. a. Purchaser hereby declares that the terms of this Agreement have been completely read, and fully explained, and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, and it is specifically agreed that this Agreement shall be a complete bar to all claims or suits for damages of whatever nature that Purchaser had, has, could have had, or will have, against the Released Entities from the beginning of time to the date of this Agreement. The terms of this Agreement are contractual and are not a mere recital. b. Purchaser states that it has carefully read this Agreement, knows the contents thereof, and signs the same freely and voluntarily. c. This Agreement has been negotiated at arms length between persons knowledgeable in the matters dealt with herein. d. This Agreement is to be interpreted in accordance with the laws of the State of Florida. Should any court of competent jurisdiction deem any provision or clause of this Agreement to be illegal, invalid, or unconscionable and unenforceable, such provision or clause shall be fully severable from this Agreement and, in its place, there shall be added to this Agreement a similar provision as near in intent as possible which is not illegal or unconscionable, and this Agreement shall be construed and interpreted as if such illegal, invalid, or unconscionable and unenforceable provision or clause had never comprised a part of this Agreement. e. Each party shall bear payment of its own attorney s fees and costs associated with resolving this dispute, the Complaint, and drafting the appropriate documents to settle each. f. Each party hereto agrees to execute such other documents as may be reasonably requested by the other party to effect the terms of this Agreement, and to vest title to the Unit with Seller. g. In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to the recovery of all court costs and attorneys fees inclusive of court costs and attorneys fees incurred in any appellate proceedings. Page 3 of 4
h. This Agreement may be executed in any number of counterparts, each of which when so executed shall be an original, but such counterparts shall together constitute one and the same Agreement. Any signature of this Agreement delivered by a party via facsimile or email transaction shall be deemed to be an original signature thereto. 11. Waiver of Jury Trial. EACH PARTY HERETO KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, CROSS-CLAIMS, COUNTER-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT OR BETWEEN THE PARTIES TO THIS AGREEMENT, THEIR AFFILIATES, SUBSIDIARIES, SUCCESSORS, OR ASSIGNS AND IRRESPECTIVE OF WHETHER SUCH LITIGATION ARISES OUT OF THIS AGREEMENT, BY STATUTE, OR AS A MATTER OF TORT LAW AND THE PARTIES HERETO EXPRESSLY CONSENT TO A NON-JURY TRIAL IN THE EVENT OF ANY OF THE FOREGOING. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date and year first above written. PURCHASER: SELLER: ELDORADO RESORTS CORP., a Florida corporation d/b/a ELDORADO DEVELOPMENT CORP., Page 4 of 4