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hereunder shall be binding upon Developer and its successors and assigns and shall inure to the benefit of Lender and its successors,nominees,assignees and any purchaser of any interest in the Loan Documents. Section 8. Further Assurances. Developer agrees to make,execute and deliver all such further or additional agreements,documents and other undertakings as may be necessary to satisfy the intents and purposes hereof and to perfect the assignment made hereby,and Developer hereby covenants and agrees to facilitate in all reasonable ways Lender's exercise of its rights under this Assignment. Section 9. Miscellaneous. (a) All notices, certificates, requests for information and other communications hereunder shall be deemed given when mailed by registered or certified mail,postage prepaid,return receipt requested, addressed to the addresses of the parties as set forth in this Assignment. Developer and Lender may,by written notice given hereunder,designate a different address where communications should be sent and Lender may direct,by notice to Developer,for communications to be sent electronically or in some other non-tangible medium.(b)No indulgence, waiver, election or non-election by the Lender under the Loan Documents shall affect this Agreement. (c) This Assignment shall not be modified,changed,altered or amended in any way except through written amendments signed by all of the parties hereto. (d)It is agreed that the laws of the State of North Carolina shall govern the construction and interpretation of this Assignment and the rights and obligations set forth herein. (e) The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions hereof. (f) This Assignment may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered,are an original, and all taken together, are one agreement. (g) Delivery of an executed counterpart of this Assignment by facsimile,portable document format(.pdf)or other electronic means of transmission shall be equally effective as delivery of an original executed counterpart.(g)The terms and provisions of this Assignment shall terminate upon the irrevocable repayment of the Loan in full and the cancellation of record of the Deed of Trust, unless the same is earlier terminated by a termination agreement executed by Lender and delivered to Developer. [SIGNATURES ON THE FOLLOWING PAGE] 3 WBD(US)50085467