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this Assignment shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable <br />provision or by its severance. <br />10. Counter parts. This Assignment may be separately executed in any number of counterparts, each <br />of which shall be an original, but all of which, taken together, shall be deemed to constitute one and the same <br />instrument. <br />11. Survival. All representations and warranties made in this Assignment or in any document, <br />statement, or certificate furnished in connection with this Assignment shall survive the execution and delivery this <br />Assignment, and no investigation by Lender or any closing shall affect the representations and warranties or the <br />right of Lender to rely upon them. <br />NOTICE OF FINAL AGREEMENT. <br />THIS ASSIGNMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL <br />AGREEMENT BETWEEN THE PARTIES, AND THE SAME MAY NOT BE CONTRADICTED BY <br />EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS BETWEEN <br />THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. <br />REMAINDER OF PAGE LEFT INTENTIONALL Y BLANK <br />COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT — PAGE 4 <br />THE NORTBERN TRUST COMPANY — PORT CROSSING LAND, LP <br />