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of any material provision of, or in material default under, the articles of organization and bylaws <br />of the Developer, or any indenture, mortgage, deed of trust, indebtedness, agreement, judgment, <br />decree or order to which the Developer, is a party or by which it or its property is bound or <br />subject. <br />1316916v1 <br />Very truly yours, <br />Page 72 <br />