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RB5734 437 12120 <br /> amount shall be reserved to Grantor), equal to the ratio of the appraised value of this <br /> Conservation Easement to the unrestricted fair market value of the Easement Area, as these <br /> values are determined on the date of this Conservation Easement, subject to any applicable law <br /> which expressly provides for a different disposition of the proceeds. <br /> If,however, after the condemnation or eminent domain proceedings, a court of <br /> jurisdiction does not include in the just compensation awarded as a result of the taking, the <br /> amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br /> any proceeds awarded. <br /> All condemnation related expenses, including reasonable attorney fees, incurred by the <br /> Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br /> net proceeds as described herein. <br /> 13. INTERPRETATION. This Conservation Easement shall be interpreted under <br /> the laws of North Carolina,resolving any ambiguities and questions of the validity of specific <br /> provisions as to give maximum effect to its conservation purposes. <br /> 14. TITLE. The Grantor covenants and represents that she is the sole owner and <br /> seized of Easement Area in fee simple and have good right to grant and convey this Conservation <br /> Easement; that the Easement Area is free and clear of any mortgages not subordinated to this <br /> Conservation 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 any easements or <br /> encumbrances of record. <br /> 15. 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 Grantor 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 Grantor: To the Grantee: <br /> Michael Hughes and Dale Morgan Orange County Dept. of Environment, <br /> 8112 Orange Grove Road Agriculture, Parks and Recreation <br /> Chapel Hill,NC 27516 P.O. Box 8181 <br /> Hillsborough,NC 27278 <br /> 16. ENVIRONMENTAL CONDITION. The Grantor warrants that she has no <br /> actual knowledge of a release or threatened release of hazardous substances or wastes on the <br /> Easement Area. <br /> 17. SEVERABILITY. If any provision of this Conservation Easement is found to be <br /> invalid, the remaining provisions shall not be altered thereby. <br /> Page 12 of 15 <br />