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~-a <br />Eno Confluence Conservation Easement Nov. 13, 2007 draft (BOCC) <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 Noi th 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 it is the sole owner and seized <br />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: <br />Eno .River Association <br />4419 Guess Road <br />Durham, NC 27712 <br />To the Grantee: <br />Orange County Environment and <br />Resource Conservation Department <br />Orange County, North Carolina <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />16. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual <br />knowledge of a release or threatened release of hazardous substances or wastes on the Easement <br />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 />18. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />Page 13 of 17 <br />