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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters
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8/16/2011 9:57:08 AM
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8/16/2011 9:57:00 AM
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BOCC
Date
11/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
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Minutes 08-22-2011
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\Board of County Commissioners\Minutes - Approved\2010's\2011
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28. Subsequent Liens on Property <br />No provisions of this Conservation should be construed as impairing the ability of <br />Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be <br />and remain subordinate to this Easement. <br />29. Subsequent Easements/Restrictions on the Property <br />The grant of any easements or use restrictions that might diminish or impair the <br />agricultural viability or productivity of the Property or otherwise diminish or impair the <br />conservation values of the Property is prohibited. Any such easements or restrictions shall be <br />subordinated to this Easement. <br />30. Grantor's Environmental Warranty <br />The Grantors warrant that they have no actual knowledge of a release or threatened <br />release of hazardous substances or wastes on the Property, as such substances and wastes are _ <br />defined by applicable federal and state law, and hereby promise to defend and indemnify <br />Grantee and United States against all litigation, claims, demands, penalties and damages, <br />including reasonable attorneys' fees, arising from or connected with any release of hazardous <br />waste caused by the intentional or negligent act of the Grantor or violation of federal, state or <br />local environmental laws caused by the negligent or intentional act of the Grantor. Without --- <br />limiting. the generality of the foregoing, nothing in this Easement shall be construed as giving <br />rise to any right or ability in Grantee or the United States, nor shall Grantee or the United <br />States have any right or ability, to exercise physical or managerial control over the day-to-day <br />operations of the Property, or otherwise to become an operator with respect to the Property <br />within the meaning of The Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, as amended. <br />TO HAKE AND TO HOL-D this Deed of Conservation Easement unto Grantee, its _ _ __ - _-- <br />successors and assigns, forever. <br />[The remainder of this page is intentionally left blank. Signature page follows.] <br />Page 14 of 20 <br />
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