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Penny Conservation Easement Draft Nov. 27, 2006 BOCC 18 <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 />Grantors 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 />construed to benefit or to create any rights in any third parties, including but not limited to the <br />general public. <br />19. RE-RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re-record this instrument or any other <br />appropriate notice or instrument. <br />20. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Property. <br />21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation <br />Easement should be construed as impairing the ability of Grantors to use the Property as <br />collateral for subsequent borrowing, provided that any mortgage or lien arising from such a <br />borrowing is made subordinate to this Conservation Easement. <br />22. EXEUBITS AND DOCUMENTATION. <br />(a) Documentation Repo . The parties acknowledge that the Baseline Report, a copy <br />of which is on file at the offices of the Grantee, accurately establishes the uses, structures, <br />conservation values and condition of the protected Property as of the date hereof. A summary is <br />attached as Exhibit B. <br />(b) Existing Condition. Exhibit C is a GIS map and sketch showing the configuration <br />of the property owned by the Grantors. <br />23. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />and the application of such provision to persons or circumstances other than those as to which it <br />is found to be invalid, shall not be affected thereby. <br />24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br />Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br />accepts without reservation the rights and responsibilities conveyed by this Conservation <br />Easement. This Conservation Easement is to be effective the date recorded in the Orange <br />County Registry of Deeds. <br />Page 18 of 15