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14 <br /> BOCC Draft 6/10/16 <br /> Among other things, this shall apply to: <br /> 4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against <br /> the Protected Property. If the Grantee is ever required to pay any taxes or assessments on their interest in the <br /> Protected Property, the Grantor shall upon demand reimburse the Grantee for the same. <br /> 4.2. Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep and maintenance of <br /> the Protected Property, to the extent it may be required by law. Neither the Grantees nor the State of North Carolina <br /> shall have any obligation for the upkeep or maintenance of the Protected Property. <br /> 4.3. Transfer of Protected Property. The Grantor agrees to incorporate by reference the terms of this Easement in any <br /> deed or other legal instrument by which they transfer or divest themselves of any interest,including leasehold <br /> interests, in the Protected Property. The Grantor shall notify the Grantee in writing at least thirty(30) days before <br /> conveying the Protected Property, or interest therein. Failure of Grantor to do so shall not impair the validity of the <br /> Easement or limit its enforceability in any way. <br /> 4.4. Transfer of Easement. Subject to the contingent rights of the State of North Carolina with timely written notice and <br /> approval of the NCDA&CS, the Grantee shall have the right to transfer this Conservation Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer, is a qualified organization under 26 U.S.C. <br /> Section 170(h) of the Internal Revenue Code, as amended and under NGS 121-34 et seq.,provided the agency or <br /> organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement. <br /> As a condition of such transfer, Grantee shall require that the conservation purposes intended to be advanced <br /> hereunder shall be continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26 <br /> U.S.C. Section 170(h) of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer <br /> this Conservation Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Conservation Easement. <br /> 4.5. Conservation Practices. The Grantors, their heirs, successors, or assigns, shall conduct agricultural operations on <br /> the Protected Property in a manner consistent with a Conservation Plan prepared by Grantor in consultation with <br /> NRCS and approved by the Soil and Water Conservation district and the Grantees. This Conservation Plan shall be <br /> developed using the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that <br /> are in effect on the date of execution of this Easement Deed. However the Grantor may develop and implement a <br /> Conservation Plan that proposes a higher level of conservation and is consistent with the NRCS Field Office <br /> Technical Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property,with <br /> advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. <br /> 4.6. Inspection and Access. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, <br /> Grantee or NCDA&CS, its employees and agents and its successors and assigns, shall have the right to enter the <br /> Protected Property for the purpose of inspecting the Protected Property to determine whether the Grantor, its <br /> successors or assigns are complying with the terms, conditions and restrictions of this Easement. <br /> 4.7. Enforcement. The Grantee shall have the primary responsibility for management,monitoring and enforcement of <br /> the terms of this Conservation Easement, subject to the rights of the NCDA&CS. Grantee shall complete and <br /> file the annual monitoring reports due on or before December 31 of each calendar as stipulated in ADFP Grant <br /> 8 <br />