Agenda - 02-20-2007-6a - Laserfiche WebLink

Browse Search

Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 19 This Conservation Easement shall be interpreted under the laws of the State of North Carolina and the laws of the United States, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 26 Perpetual Duration; Severability The Conservation Easement created by this Deed shall be a servitude running with the land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. Invalidity of any of the covenants, terms, or conditions of this Conservation Easement, or any part thereof by court order or judgment shall in no way, affect the validity of any of the other provisions hereof which shall remain in full force and effect. 27. Merger The Parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property. 28. Notices Any notices required by this Deed shall be in writing and shall be personally delivered or sent by first class mail to the Grantors, Grantee, and the United States respectively at the following addresses, unless a party has been notified in writing by the other of a change of address: To the Grantors: To the Grantee: Fickle Creek Farm Orange County ERCD 4122 Buckhorn Road P.O. Box 8181 Efland, NC 27243 Hillsborough, NC 27278 29. Grantor's Title Warranty To the United States MRCS: State Conservationist 4405 Bland Rd., Suite 205 Raleigh, NC 27609 The Grantors warrant that they hold fee simple title to the Property, free from all encumbrances, except for those exceptions deemed by the Grantee as acceptable and set further in Exhibit C to this Conservation Easement, and hereby promise to defend the same against all claims that may be made against it. 30. Subsequent Liens on Property No provisions of this Conservation Easement should be construed as impairing the ability of Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be and remain subordinate to this Conservation Easement.