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<br />200802660 <br /> <br />h. Not consent to a subordination of the interest of any tenant to any party other than <br />Assignee and then only if specifically consented to by the Assignee; and <br /> <br />1. Not amend or modify any Lease or alter the obligations of the parties thereunder, <br />excepting in the ordinary and prudent course of business with due regard for the <br />security afforded the Assignee by the Lease and which does not in any way <br />reduce the rent or diminish the term thereof or the obligations of the tenant <br />thereunder or increase the term of the tenancy or impose additional obligations or <br />burdens on the landlord. <br /> <br />ARTICLE 2 <br />PROTECTION OF SECURITY <br /> <br />2.1 PROTECTION OF SECURITY. The Assignee shall have the right at Assignor's <br />sole cost and expense to appear in and defend any action or proceeding arising under, growing <br />out of or in any manner connected with any Lease or the obligations, duties or liabilities of the <br />landlord thereunder, and Assignor agrees to pay all costs and expenses of Assignee, including <br />attorney's fees in a reasonable sum, in any such action or proceeding in which the Assignee in its <br />sole discretion may appear. <br /> <br />ARTICLE 3 <br />REPRESENT A TIONS AND WARRANTIES <br /> <br />3.1 REPRESENTATIONS AND WARRANTIES. Assignor represents and warrants: <br /> <br />a. that it is now the absolute owner of said Rents and Leases with full right and title <br />to assign the same; <br /> <br />b. that there are no outstanding assignments or pledges of any Lease or Rents; <br /> <br />c. that all obligations on the part of the landlord under any Lease have been fully <br />complied with; <br /> <br />d. that no Rents have been collected for more than thirty (30) days in advance of <br />their due date or waived, anticipated, discounted, compromised or released, <br />except as disclosed to Assignee; <br /> <br />e. that to Assignor's knowledge no tenant has any defenses, setoffs, or <br />counterclaims against Assignor; <br /> <br />f Assignor has not executed any instrument that would prevent Assignee from <br />enjoying the benefits of this Assignment; and <br /> <br />g. that no part of the Premises is used as a homestead or agricultural property. <br /> <br />ARTICLE 4 <br />PRESENT ASSIGNMENT <br /> <br />AM 157:0AM57:666690:3:LOUlSVILLE <br />311 9108 <br /> <br />4 <br />