Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, Ltd.

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U BOOK2605 PACE 426 14. Water Rights Grantor shall retain and reserve the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property .Grantor shall not transfer, encumber, lease, sell or otherwise separate such water rights from title to the Property itself. 15. Sewage Disposal Rights For agricultural purposes and uses and no other, Grantor reserves the right to use the Property for an on-site sewage disposal system for the purpose of erecting, constructing, installing, preparing and thereafter using, operating, maintaining, inspecting, repairing, replacing and improving a ground absorption sewage disposal system. In the event that the Grantor or his heirs, successors and assigns in title use the Property for such purpose,then and in said event, any ground absorption sewage disposal system will be properly constructed, operated, maintained, repaired and, if necessary, replaced all in accordance with the laws of the State of North Carolina and the Orange County Health Board and no unreasonable damage shall result from use of the system. No such system may be used for the use now made of and any future non bona fide farm use to be made of the existing industrially zoned property adjacent to the Property. 16. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantor as owner of the Property. Among other things,this shall apply to: (a) Taxes --The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property If the Grantee is ever required to pay any taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for the same. (b) Upkeep and Maintenance --The Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. (c)Liability and Indemnification --Grantor agrees to indemnify and hold Grantee harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. In addition, Grantor agrees to maintain liability insurance covering the Property with the limits as follows: $300,000.00, $300,000.00 and $300,000, and warrant that Grantee is and will remain a named insured on Grantor's Property insurance policies covering the Property. Grantor shall provide Grantee with a certificate of insurance coverage on the effective date of this Easement and within 10 days of each insurance renewal date. 17. Development Rights Extinguished Except as otherwise reserved to the Grantor in this Easement, the parties agree that all development rights appurtenant to the Property are hereby released,terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any other property.