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18 <br /> BOCC Draft 6/10/16 <br /> the proceeds. The Grantee shall use its proceeds consistently with the general conservation purposes of this <br /> Easement. <br /> If this Easement is extinguished or terminated or modified by condemnation action or eminent domain, the Grantee <br /> and NC ADFP Trust Fund shall receive their proportional share of the Easement value at the time of termination. <br /> The respective shares of the Grantee and NC ADFP Trust fund shall be proportionate to the percentage of their <br /> original investment. The Orange County Grantee's percent is 47%and NC ADFP Trust fund's percent is 28%. <br /> All termination-related or condemnation-related expenses incurred by the Grantor, the Grantee, and NC ADFP Trust <br /> Fund shall be paid out of each parties respective proceeds prior to distribution of the net proceeds as described <br /> herein. <br /> 6.6. Interpretation. This Easement shall be interpreted under the laws of the State of North Carolina,resolving any <br /> ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation <br /> purposes. <br /> 6.7. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude running with the land in <br /> perpetuity. Every provision of this Deed that applies to the Grantor or the Grantee shall also apply to their <br /> respective agents,heirs, executors, administrators, assigns, and all other successors as their interests may appear. <br /> Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof by court order or <br /> judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force <br /> and effect. <br /> 6.8. Subsequent Liens on Protected Property. No provision of this Easement should be construed as impairing the ability <br /> of Grantor to use the Protected Property as collateral for subsequent borrowing. Any such liens shall be and remain <br /> subordinate to this Easement. <br /> 6.9. Subsequent Easements/Restrictions on the Protected Property. The grant of any easements or use restrictions that <br /> might diminish or impair the agricultural viability or productivity of the Protected Property or otherwise diminish or <br /> impair the Conservation Values of the Protected Property is prohibited. Any such easements or restrictions shall be <br /> subordinated to this Easement. <br /> 6.10. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by first <br /> class mail to the Grantor, Grantees,NCDA&CS,respectively, at the following address,unless a party has been <br /> notified in writing by the other of a change of address <br /> To the Grantor: To the Grantees: To the State of North Carolina: <br /> Robert H. Pope Jr. Orange County DEAPR N.C. Dept. of Agriculture& Consumer <br /> 608 Polk Street PO Box 8181 Services <br /> Raleigh,NC 27604 Hillsborough,NC 27278 NCADFP Trust Fund <br /> 2 West Edenton Street <br /> AND Raleigh,NC 27601 <br /> Eno River Association <br /> 12 <br />