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5 <br />purposes of constructing, inspecting, maintaining and repairing said signs. <br />IT IS UNDERSTOOD AND AGREED by the parties that: <br />a. the execution and delivery of this deed of easement by the Grantor and its acceptance by the Town of Hillsborough <br />shall not obligate the Town to construct or re- construct the signs; <br />b. the Grantor shall in all other respects remain the fee owners of the Property and areas subject to this easement, and <br />may make all lawful uses of the Property not inconsistent with this easement; <br />c. the Grantor shall not be held responsible for any construction, reconstruction or maintenance of the signs unless <br />such authority is released to it by the Town of Hillsborough; <br />d. the Grantee shall not perform any sub -grade maintenance or modification to the signs without prior written <br />authorization by the Grantor; <br />e. in the event the Town fails to perform the condition of the easement (constructing the signs as noted or maintaining <br />the signs in their conditions and locations except as noted in section (d) above), and Grantor or its successors, heirs <br />or assigns notifies the Town in writing of such failure and the Town does not cure such failure to perform necessary <br />maintenance within one hundred- twenty (120) business days of receipt of written notice, such failure will result in <br />termination of the easement granted herein after the aforesaid one hundred- twenty (120) day cure period, and <br />Grantor or its successors, heirs, or assigns may take possession of and remove the signs from the Property; and <br />IT IS FURTHER UNDERSTOOD AND AGREED by the parties that the easement granted herein is for the benefit of the <br />Grantee and shall not be transferred, assigned, or otherwise conveyed by the Grantee; and that Grantor or its successors, heirs, or <br />assigns may re -enter and take possession of the easement granted herein in the event the Grantee ceases to be an incorporated <br />municipal body. <br />Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, privileges, and <br />easements which are granted herein, that title is free and clear of all liens and encumbrances which may affect the said rights, <br />privileges and easements conveyed herein, and Grantor will warrant and defend the title to said Property against the claims of all <br />persons and parties whomsoever. <br />IN TESTIMONY WHEREOF, the parties have hereunto set their hand and seal the day and year first above written. <br />GRANTOR BY: <br />Barry Jacobs, Chair <br />Orange County Board of Commissioners <br />NORTH CAROLINA <br />ORANGE COUNTY <br />I, , a Notary Public for said County and State, do hereby certify that Barry Jacobs, chair of the <br />Orange County Board of Commissioners, personally appeared before me this day and acknowledged the due execution of the <br />foregoing instrument. <br />Witness my hand and official seal or stamp, this the day of 12014. <br />(Official Seal) Notary Public <br />My commission expires: 120 <br />Page 2 of 3 <br />