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Latta Conservation Easement Draft #3 (March 12, 2007) <br />The Conservation Easement created by this Deed shall be a servitude running with the <br />land in perpetuity. Every provision of this Deed that applies to the Grantors or Grantee shall <br />also apply to their respective agents, heirs, executors, administrators, assigns, and all other <br />successors as their interests may appear. Invalidity of any of the covenants, terms or conditions <br />of this Conservation Easement, or any part thereof by court order or judgment shall in no way, <br />affect the validity of any of the other provisions hereof which shall remain in full force and <br />effect. <br />26. Merger <br />The Parties agree that the terms of this Conservation Easement shall survive any merger <br />of the fee and easement interest in the Property. <br />27. Notices <br />Any notices required by this Deed shall be in writing and shall be personally delivered or <br />sent by first class mail to the Grantors, Grantee, and the United States respectively at the <br />following addresses, unless a party has been notified in writing by the other of a change of <br />address: <br />To the Grantors: <br />Milton A. Latta & Sons <br />Dairy Farms, Inc. <br />3200 Edmund Latta Road <br />Hillsborough, NC 27278 <br />To the Grantee: <br />Orange County ERCD <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br />28. Grantor's Title Warranty <br />To the MRCS: <br />State Conservationist <br />4405 Bland Rd., Suite 205 <br />Raleigh, NC 27609 <br />The Grantors warrant that they hold fee simple title to the Property, free from all <br />encumbrances, except for those exceptions deemed by the Grantee as acceptable and set further <br />in Exhibit C to this Conservation Easement, and hereby promise to defend the same against all <br />claims that maybe made against it. <br />29. .Subsequent Liens on Property <br />No provisions of this Conservation Easement should be construed as impairing the ability <br />of Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be <br />and remain subordinate to this Conservation Easement. <br />30. Subsequent Easements/Restrictions on the Property <br />The grant of any easements or use restrictions that might diminish or impair the <br />agricultural viability or productivity of the Property or otherwise diminish or impair the <br />1°- <br />Page 14 of 18 <br />