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2. The Developer's consummation of the transactions and the carrying out of the <br />teiuis thereof, will not result in violation of any provision of the Articles of Organization and <br />Bylaws (or Member Control Agreement) and, to the best of the undersigned's actual knowledge, <br />will not result in a default under any indenture, mortgage, deed of trust, indebtedness, agreement, <br />judgment, decree or order to which the Developer, is a party or by which it or its property is <br />bound or subject. <br />142MM86vdoe <br />Red (V8 to V7) <br />Very truly yours, <br />C -2 <br />