S Warranty Deed of Conservation Easement - Michael M. Hughes and Dale A. Morgan

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RB5734 431 6120 (c) Pedestrian Trails—Pedestrian trails may be constructed as long as such trails be of a natural surface,not be more than six(6') feet wide, and located at a minimum distance of thirty (30) feet from the top of the bank of the Collins Creek. 2.3 Utility Services and Septic Systems. Construction, maintenance, repair or improvement of electric, gas, water facilities, sewer lines and/or other public or private utilities, including telephone or other communication services is prohibited within the Easement Area. 2.4 Agricultural, Grazing and Horticultural Use. Agricultural, grazing,and horticultural uses of the Easement Area are prohibited. 2.5 Timber Harvesting and Forest Management. Commercial timbering of trees on the Easement Area is prohibited. Trees may be removed, cut and otherwise managed to control insects and disease, to prevent personal injury and property damage, to remove non- native species, and/or to salvage wind-thrown timber for firewood and other non-commercial purposes, including for construction of permitted improvements and fences on the Easement Area. Such management activities must be pursuant to a written Forest Management Plan or Forest Stewardship Plan prepared by a North Carolina registered forester,the selection of whom is mutually agreed upon by Grantor and Grantee and which management activities must be agreed to in advance by Grantee and Grantor. 2.6 Recreational Use. Consistent with the purpose of and the limitations contained in this Conservation Easement, Grantor shall have the right to engage in and permit others, whether or not for consideration,to engage in recreational uses of the Easement Area, including, but not limited to, hiking, picnicking, and other recreational uses that require no buildings, facilities, surface alteration or other development of the land. Hunting is prohibited except as authorized in Section 2.13 of this Conservation Easement. Grantor reserves the right to promulgate and enforce reasonable rules and regulations for all activities incident to recreational use of the Easement Area, including but not limited to the right to prohibit any recreational use that would permit destruction of other significant conservation values of the Easement Area. 2.7 Excavation. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock,peat,minerals or other materials; and no change in the topography of the land in any manner except as necessary to allow a) the construction of the improvements permitted herein,b)the maintenance of hiking trails permitted herein, c)the combating of erosion or flooding, and d)to enhance the plant and animal ecosystems native to the locality. 2.8 Destruction of Plants. Grantor shall have the right to cut and remove diseased trees, shrubs, or other plants, to cut and remove invasive (usually non-native)trees, shrubs and other plants, and to cut firebreaks. Grantor shall also have the right to cut and remove trees, shrubs, or other plants to accommodate the activities expressly allowed under this Page 6 of 15