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018 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />NCDA &CS, or in any way to affect any existing obligation of the Grantor as owners of <br />the Protected Property. <br />Among other things, this shall apply to: <br />4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes <br />and assessments levied against the protected Property. If the Grantee is ever required to <br />pay any taxes or assessments on their interest in the Protected Property, the Grantor shall <br />upon demand reimburse the Grantee for the same. <br />4.2. Upkeep and Maintenance. The Grantor shall continue to be solely responsible for <br />the upkeep and maintenance of the Protected Property, to the extent it may be required by <br />law. The Grantee and the United States shall have no obligation for the upkeep or <br />maintenance of the Protected Property. <br />Due to the State's interest in this conservation easement, NCDA &CS shall have no <br />obligation for the upkeep or maintenance of the Protected Property. <br />4.3. Transfer of Protected Property. The Grantor agrees to incorporate by reference the <br />terms of this Easement in any deed or other legal instrument by which they transfer or <br />divest themselves of any interest, including leasehold interests, in the Protected Property. <br />The Grantor shall notify the Grantee in writing at least thirty (30) days before conveying <br />the Protected Property, or interest therein. Failure of Grantor to do so shall not impair the <br />validity of this Easement or limit its enforceability in any way, nor shall any Grantor's <br />failure to comply with this section constitute a default under this Conservation Easement. <br />4.4. Transfer of Conservation Easement. Subject to the right of enforcement of the <br />United States as specified in Section 4.8 and other pertinent paragraphs herein, and with <br />timely written notice to and prior written approval of the United States, and subject to the <br />contingent rights of the State of North Carolina with timely written notice and approval <br />of the North Carolina Department of Agriculture and Consumer Services, the Grantee <br />shall have the right to transfer this Conservation Easement to any public agency or to any <br />private nonprofit organization approved by Grantor, such approval to not be unreasonably <br />withheld, that, at the time of transfer, is a qualified organization under 26 U.S.C. §170(h) <br />of the U.S. Internal Revenue Code, as amended, and under N.C.G.S. § §121 -34 et seq., <br />provided the agency or organization expressly agrees to assume the responsibility <br />imposed on the Grantee by this Conservation Easement. As a condition of such transfer, <br />Grantee shall require that the conservation purposes intended to be advanced hereunder <br />shall be continued to be carried out. If the Grantee ever ceases to exist or no longer <br />qualifies under 26 U.S.C. §170(h) of the U.S. Internal Revenue Code, or applicable state <br />law, and the United States declines to exercise its contingent rights, a court with <br />jurisdiction may transfer this Conservation Easement to another qualified organization <br />having similar purposes that agrees to assume the responsibility imposed by this <br />Conservation Easement. <br />13 <br />