Orange County NC Website
Browse       Search
17 <br /> 6.11. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and <br /> supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any <br /> provision is found to be invalid, the remainder of the provisions of this Easement, and the application of such <br /> provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br /> thereby. <br /> 6.12. Availability or Amount of Tax Benefits. Grantees make no warranty,representation or other assurance regarding the <br /> availability, amount or effect of any deduction, credit or other benefit to Grantors or any other person or entity under <br /> United States or any state, local or other tax law to be derived from the donation of any part of the value of this <br /> Easement or other transaction associated with the donation of this Easement. Grantors' donation is not conditioned <br /> upon the availability or amount of any such deduction, credit or other benefit. Grantees make no warranty, <br /> representation or other assurance regarding the value of this Easement or of the Protected Property. As to all of the <br /> foregoing, Grantors are relying upon Grantors' own legal counsel, accountant,financial advisor or other consultant <br /> and not upon Grantees' legal counsel, accountant, financial advisor or other consultant of Grantees. Grantee, <br /> Orange County,North Carolina, employed Kirkland Appraisals, LLC, to appraise the Protected Property and to <br /> prepare a report of that appraisal for the purpose of providing Grantees the fee simple value of the property and the <br /> impact on the Protected Property's value of the Conservation Easement. Grantors and the IRS may rely on the <br /> Kirkland Appraisals, LLC, appraisal and appraisal report, as described in the INTENDED USE section of the <br /> appraisal report. In the event of any audit or other inquiry of a governmental authority into the effect of this <br /> donation upon the taxation or financial affairs involving Grantors or Grantors' heirs, successors or assigns or other <br /> similar matter then Grantees shall be reimbursed and indemnified for any cost or expense of any kind or nature <br /> whatsoever incurred by Grantees in responding or replying thereto. <br /> 6.13. Warranties and Representations of Owner. By signing this Easement, Grantors acknowledge,warrant and represent <br /> to Grantees that: <br /> (a) Grantors have had the opportunity to be represented by counsel of Grantors' choosing and fully understand that <br /> Grantors are hereby permanently relinquishing property rights which would otherwise permit Grantors to have a <br /> fuller use and enjoyment of the Protected Property. <br /> (b) There are no recorded or unrecorded leases or other agreements for the production of minerals or removal of <br /> timber from the Protected Property which would, if any of the activities permitted under such lease or other <br /> agreement were undertaken by Grantors,violate the covenants or restrictions in this Easement or otherwise <br /> defeat the conservation Purpose. <br /> TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantees, their successors and assigns, forever. <br /> THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK <br /> 11 <br />