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021 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />United States, may exercise this right of enforcement under any authority available under <br />State or Federal law if the Black Family Land Trust fails to enforce any of the terms of <br />this Easement, as determined in the sole discretion of the Secretary. <br />The United States and the State of North Carolina shall have the right to recover <br />any and all administrative and legal costs from the Grantee, including attorney's fees or <br />expenses associated with any enforcement or remedial action as it relates to the <br />enforcement of this Conservation Easement. <br />In the event that Grantee attempts to terminate, transfer, or otherwise divest itself <br />of any rights, title, or interests of this Easement without the prior written consent of the <br />Secretary of the USDA and payment of consideration to the United States, then, at the <br />option of such Secretary, all right, title, and interest in this Easement shall become vested <br />in the UNITED STATES OF AMERICA. <br />Additionally, in the event that Grantee fails to enforce any of the terms of this <br />Conservation Easement, as determined in the sole discretion of the Commissioner of <br />Agriculture for North Carolina, the said Commissioner of Agriculture and his or her <br />successors and assigns shall have the right to enforce the terms of the Conservation <br />Easement through any and all authorities available under Federal or State law. In the <br />event that Grantee attempts to terminate, transfer, or otherwise divest itself of any rights, <br />title, or interests of this Conservation Easement without the prior consent of the <br />Commissioner of Agriculture and payment of consideration to the State of North <br />Carolina, then, at the option of the Commissioner of Agriculture, all right, title, and <br />interest in this Conservation Easement shall become vested in the State of North <br />Carolina. <br />ARTICLE V. REPRESENTATIONS OF THE PARTIES <br />5.1. Grantor's Title Warranty. The Grantor covenants and represents that the Grantor <br />is the sole owner and is seized of the Protected Property in fee simple and has good right <br />to grant and convey this Easement; that the Protected Property is free and clear of any <br />and all encumbrances, including but not limited to, any mortgages not subordinated to <br />this Easement, and that the Grantee shall have the use of and enjoy all the benefits <br />derived from and arising out of this Conservation Easement subject to existing easements <br />for roads and public and private utilities. Grantor further warrants that they have <br />disclosed any encumbrances on the Protected Property to the Commissioner of <br />Agriculture for North Carolina and hereby promises to defend the same against all claims <br />that may be made against it. <br />5.2. Grantor's Environmental Warranty. Grantor warrants that Grantor is in <br />compliance with and shall remain in compliance with, all applicable Environmental <br />Laws. Grantor warrants that there are no notices by any governmental authority of any <br />violation or alleged violation of any and all encumbrances, including but not limited to, <br />any mortgages not subordinated to this Easement, and that the Grantee shall have the use <br />16 <br />