S Easement - William H Breeze Sr. for Deed of Agricultural Conservation Easement

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3 "f,l ~~ ~'~~~~. remedy. In ~ny case where s court finds that a veol~tion ~tus occurred, the Grantor sh~ll rcimburse Grantee for all i~s expenses incumd in stopping and cornct~ng the violation, iticluciing but not limited to r~sonab~e ~ttarneys' fees. The failure of Gr~ntec to discover a veolatian or to take immediate tega~ action s~l ~t b~r it from doing so at a later time for that violat~an or any subsequent violations. In any ease where ~ court finds no such violation has occurred, each p~rty shaIl bear its own costs. In any c~se where tl~e court fi~s that there w~s a corc~plete absence of a justiciable issue of either l~w ar fact raised by the losing ~rty, the caurt may award a reasonable attorney's fee to the prevailing ~arty as provided by applic~bk law. To the extent required by law, the preceding sentetice dces not agply to the U~iEed States should thc United St~tes become the Grantee under this easement. In the event that Gr~tttee fails to enfarce any of the tenns of tltis Conservatian Easement, as determined in the sole discretion of the Commissioner of Agricult~re of the State, the Cammissioncr of Agriculture, and his ar her auccessors ~nct assigns, shall have the r~ght to enforce the terms of the Conservation F.~sement through ~ny ~nd all ~uthoritiES available w~der fcder~l or st~te law. In the eveMt that Grantee ~ttempt~ to terminate, transfer, or othemiae divest itself of any rights, title, or interests of this Conserv~tian Easement withcfut the priar rnitten consent of the Commissioner of Agriculture and payrtxnt of cansideration to t~e NCDACS, then, at the option of the Commi~,sioner of Agriculture, all right, title and interest ~n t~is Conscrvation Easement sha}1 t~ecome vested in the NCDACS. Under this Con$ervation Easert~cnt, the United State~ is granted the ~ig~t of Enforeement in order to protect tHe public investment. The Secretary~ of the United Statea DEparEment of Agriculteuc (the Secretary) or his or her assigns, an beh~tf of the United States, may ~xercise t~is right of enforcement undcr any authority ~vailable under State ar Federal law if the Grautee or NCDACS f~ils to enforce ~ny of the terms of this Canserv~tian Easement, as deterrni~ed in the sole discretion of the Seeret~ry. In the cvent that Gr~nntee attempts to terminate, tr~nsfer, or otherwise divest itaelf of any rights, title, or interests of this Easernent vwithout the prior vvritten consent of the Secretazy of the USDA and payment of cansideratian to the United St~tes, then, at thc ogtion of such Secrctarry, all right, title, and interest in this Easement shall become vested in the UNITED STATES OF AMERICA. 19. Transfer of Conserva!!an Easement Subject to the contingent rights of the NCDACS and the United States as spccified in Paragraph t 8(Enforcement) and other pertinent paragraphs herein, and with timely written notiee to and appmval of the NCDACS and the United States, Gr~nntee shall ~ave the right to transfer the Conservativn E~scmcnt crcated by this Deed to an~ pubtic agency, provided the ~gtncy ar organization ~xpressly agrees to assume the responsibility imposed on the Grantee by this Deed and has the necessary authoriry to hold and administer conservation eascments. Psge 14 of 22