2002 S ERCD - Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, LTD

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eooK2605 PAGE 424 the condition of the Property after any Act of God or other event over which they had no control. Grantor understands that nothing in this Deed relieves it of any obligation or restriction on the use of the Property imposed by law. 4. Right to Farm Grantor retains the right to farm, or to permit others to farm the Property, consistent with the conservation values of the Property and in accordance with applicable local, state and federal laws and regulations . 5. Right to Privacy Grantor retains the night to privacy and the right to exclude any member of the public from trespassing on the Property. 6. Right to Use the Property for Customary Rural Enterprises Grantor retains the right to use the Property for otherwise lawful and customary bona fide farm purposes. 7.Procedure to Construct Buildings and Other Improvements The Grantor may not construct any buildings or other improvements on the Property without the express permission of the Grantee. 8. Subdivision The legal subdivision of the Property, recording of a subdivision plan, partition,or any other division of the Property into two or more parcels, is prohibited without the advance written permission of the Grantee. This prohibition applies regardless of how many separately described parcels are contained in the legal description attached as Exhibit A. The Grantee shall not give such permission, unless the Grantee determines that the proposed subdivision will not substantially diminish or impair the agricultural viability or conservation values of the Property. Grantee may give or withhold its permission in its discretion and solely in its capacity as owner of the conservation easement in the Property. It is understood that notice of this Easement will be recorded on any approved subdivided, partitioned or otherwise divided parcels. 9. Conservation Practices All farming operations shall be conducted in a manner consistent with a farm conservation plan prepared by the U. S. Department of Agriculture,Natural Resources Conservation Service,or its successor,or by another qualified conservation professional approved by the Grantee. This plan shall be updated periodically, and in any event at the time the basic type of agricultural operation on the Property changes or at the time ownership of the Property changes. All farming operations shall be in accordance with all applicable federal, state and local laws. Under no circumstances shall there be any increase in size or scope to industrial or factory type livestock operations characterized by the continuous confinement of livestock in confined environments for the purpose of raising, feeding and fattening for market, nor shall any slaughtering facilities or hog operation be allowed.