PROMISSORY NOTE ("Note")
THE UNDERSIGNED ("Maker") promises to pay to the order of James W. Stuckert ("Payee"), whose
mailing address is 500 West Jefferson Street, Louisville, Kentucky 40202, the principal sum of ONE MILLION
DOLLARS ($1,000,000.00), with interest on the unpaid principal calculated at the following rate and payable in
the following manner:
June 26, 2008
Warrant . As additional inducement to Payee to provide to Maker the loan referenced herein,
simultaneously with the execution and delivery of this Note Maker shall execute and deliver to Payee a warrant to
acquire up to Twenty Thousand (20,000) shares of its common stock upon the terms and conditions contained
in, and substantially in the form of, the form of Warrant attached hereto as Exhibit A .
Amendment of Maturity Date . If on or before the date ten (10) days before the scheduled Maturity
Date, Maker executes and delivers to Payee a warrant to purchase up to Ten Thousand (10,000) shares of its
common stock substantially in the form of Exhibit A hereto, the Maturity Date shall be amended to become
December 31, 2008. That amended date shall become the “Maturity Date” for all purposes under this Note.
Interest Basis . Interest shall be calculated on the basis of a three hundred sixty (360) day year for actual
Prepayment . The Maker shall have the privilege of prepaying this Note in part or in full at any time.
Mandatory Repayment . In the event Maker receives proceeds, through settlement or otherwise, derived
from its status as plaintiff in FGC v. Affiliated FM Insurance Company, Case No. 07-20897-CIV-UNGARO ,
filed in the United States District Court for the Southern District of Florida, within ten (10) days following receipt
of such proceeds Maker shall pay to Payee the outstanding principal balance of this Note plus all accrued but
unpaid interest thereon.
Application of Payments . All payments made on the indebtedness evid