Orange County NC Website
13. GRANTORS' TITLE WARRANTY. The Grantors warrant that they are the <br />sole owners of and are seized of the Easement Area in fee simple and have good right to grant <br />and convey this Conservation Easement; that the Easement Area is free and clear of any <br />mortgages or other encumbrances not subordinated to this Conservation Easement, and that the <br />Grantee shall have the use of and enjoy all the benefits derived from and arising out of this <br />Conservation Easement, except for the following: <br />(a) all enforceable easements and rights of way currently depicted in the Orange <br />County Registry; and <br />(b) Public Road rights of way affecting the Property; and <br />(c) Riparian rights affecting the Property; and <br />(d) Current Orange County property taxes and any deferred taxes as provided bylaw. <br />14. NOTICES. Any notices required by this Conservation Easement shall be in <br />writing and shall be personally delivered or sent by first class mail, to Grantors and Grantee, <br />respectively, at the following addresses, unless a party has been notified by the other of a change <br />of address. <br />To the Grantors: To the Grantee: <br />Mark and Lori Volpe Orange County Environment and <br />1717 Halls Mill Road Resource Conservation Department <br />Hillsborough, NC 27278 Orange County, North Carolina <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />15. ENVIRONMENTAL CONDITION. The Grantors warrant that they have no <br />actual knowledge of a release or threatened release of hazardous substances or wastes on the <br />Easement Area, as such substances and wastes are defined by applicable federal and state law, <br />and hereby promise to defend and indemnify Grantee against all litigation, claims, demands, <br />penalties and damages, including reasonable attorneys' fees, arising from or connected with any <br />release of hazardous waste caused by the intentional or negligent act of the Grantors or violation <br />of federal, state or local environmental laws. Without limiting the generality of the foregoing, <br />nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, nor <br />shall Grantee have any right or ability, to exercise physical or managerial control over the day-to- <br />day 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 Liability <br />Act of 1980, as amended. <br />Page 10 of 15 <br />