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rui~uu~s ,s <br />recording in the public records of Qrange County, North Carolina. <br />I. Environmental Condition of the Easement Area. The Grantor warrants, <br />represents and covenants to the State that to the best of its knowledge after appropriate inquiry <br />and investigation that: (a) the Easement Area described herein is and at all times hereafter will <br />continue to be in full compliance with all federal, state and local environmental laws and <br />regulations; (b) as of the date hereof there are no hazardous materials, substances, wastes, or <br />environmentally regulated substances (including, without limitation, any materials containing <br />asbestos) located on, in or under the Easement Area or used in connection therewith; (c) that <br />there is no environmental condition existing on the Easement Area that may prohibit or impede <br />use of the Easement Area for the purposes set forth herein; and (4) the Grantor will not allow <br />such uses or conditions. <br />J. Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, <br />protect, indemnify and hold harmless the State from and against all claims, actions, liabilities, <br />damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any <br />violation of any federal, state, or local environmental or land use law or regulation or of the use <br />or presence of hazardous substance, waste or other regulated material in, on or under the <br />property. <br />K. Entire Agreement. This instrument sets forth the entire agreement of the Parties <br />with respect to the Conservation Easement and supersedes all prior discussions, negotiations, <br />understandings or agreements relating to the Conservation Easement. If any provision is found <br />to be invalid, the remainder of the provisions of this Conservation Easement, and the application <br />of such provision to persons or circumstances other than those as to which it is found to be <br />invalid, shall not be affected thereby. The Parties hereto intend this document to be an <br />instrument executed under seal. If any party is an individual, partnership or limited liability <br />company, such party hereby adopts the word "SEAL" following his/her signature and the name <br />of the partnership or limited liability company ashis/her/its legal seal. The Recitals set forth <br />above and the exhibits, if any, attached hereto are incorporated herein by reference. <br />L. Interpretation. This Conservation Easement shall be construed and interpreted <br />under the laws of the State of North Carolina, and any ambiguities herein shall be resolved so as <br />to give maximum effect to the conservation purposes sought to be protected herein. Further, this <br />Conservation Easement shall be construed to promote the purposes of the Act, which authorizes <br />the creation of conservation agreements for purposes including those set forth herein, and such <br />conservation purposes as are defined in Section 170(h) (4) (A) of the Code. <br />M. Parties. Every provision of this Conservation Easement that applies to the <br />Grantors or to the State shall likewise apply to their respective heirs, executors, administrators, <br />successors and assigns. <br />N. Merger. The Parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />O. Subsequent Liens. No provisions of this Conservation Easement shall be <br />