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2. All of the covenants,terns and conditions set forth herein shall be binding upon <br /> and shall inure to the benefit of the parties hereto and to their respective heirs, successors and — <br /> assigns. <br /> 3. The County of San Joaquin may rely upon this Agreement in consenting to the <br /> assignment of the Assigned Parcel(s)hereunder;provided, that unless and until the County has <br /> expressly consented hereto,the assignment herein shall not be deemed a Permitted Assignment <br /> under the Development Agreement and the Assignee Developer shall not have the status of a <br /> Recognized Assignee under the Development Agreement. <br /> IN WITNESS HEREOF,the parties hereto have executed this Agreement as of the day <br /> and year first above written. _ <br /> DEVELOPER: <br /> JOE L AND LILLIAN E.MACHADO FAMILY <br /> TRUST dated March 17, 1993,and restated May - <br /> 17, 1993 - <br /> By: <br /> Joe J. Machado,Trustee <br /> Date: <br /> By: J <br /> Lillian E. Machado, Trustee <br /> Date: <br /> By: <br /> "ASSIGNEE DEVELOPER" <br /> Consented to by the County of San Joaquin on <br /> By: <br /> W02-SF:FPD\61481145.2 Exhibit D <br />