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To the Trustee: Pt Source Bank <br /> South Bend, IN 46601 <br /> Attention: Corporate Trust Department <br /> Section 9.5. Successors and Assigns. Whenever in this Financing Agreement any of <br /> the parties hereto is named or referred to, the successors and assigns of such party shall be <br /> deemed to be included and all the covenants, promises and agreements in this Financing <br /> Agreement contained by or on behalf of the Developer, or by or on behalf of the Issuer, shall <br /> bind and inure to the benefit of the respective successors and assigns, whether so expressed or <br /> not. <br /> Section 9.6. Counterparts. This Financing Agreement is being executed in any number <br /> of counterparts, each of which is an original and all of which are identical. Each counterpart of <br /> this Financing Agreement is to be deemed an original hereof and all counterparts collectively are <br /> to be deemed but one instrument. <br /> Section 9.7. Governing Law. It is the intention of the parties hereto that this Financing <br /> Agreement and the rights and obligations of the parties hereunder and the rights and obligations <br /> of the parties thereunder, shall be governed by and construed and enforced in accordance with, <br /> the laws of the State. <br /> (End of Article IX) <br /> i <br /> - 20 - <br /> 1\11853148.2 <br />