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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 15 of 18 <br /> <br />28. Grantor’s Title Warranty <br /> <br /> The Grantor warrants that they hold fee simple title to the Property, free from all <br />encumbrances and exceptions to title, except for those exceptions deemed by the Grantee as <br />acceptable and set further in Exhibit B to this Conservation Easement, and hereby promises to <br />defend the same against all claims that may be made against it. <br /> <br /> 29. Subsequent Liens on the Property <br /> <br />No provisions of this Conservation Easement should be construed as impairing the ability <br />of Grantor to use the Property as collateral for subsequent borrowing. Any such liens shall be <br />and remain subordinate to this Conservation Easement. <br /> <br /> 30. Subsequent Easements/Restrictions on the Property <br /> <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 />Conservation Values of the Property is prohibited. Any such easements or restrictions shall be <br />subordinated to this Conservation Easement. <br /> <br /> 31. Grantor’s Environmental Warranty <br /> <br />Grantor warrants that Grantor is in compliance with, and shall remain in compliance with, <br />all applicable Environmental Laws. Grantor warrants that there are no notices by any <br />governmental authority of any violation or alleged violation of, non-compliance or alleged non- <br />compliance with or any liability under any Environmental Law relating to the operations or <br />conditions of the Property. Grantor further warrants that Grantor has no actual knowledge of a <br />release or threatened release of any Hazardous Materials, as such substances and wastes are <br />defined by applicable federal and state law. <br /> <br />Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee against <br />all litigation, claims, demands, penalties and damages, including reasonable attorney fees, arising <br />from or connected with the release or threatened release of any Hazardous Materials on, at, <br />beneath or from the Property, or arising from or connected with a violation of any Environmental <br />Laws by Grantor or any other prior owner of the Property. Grantor’s indemnification obligation <br />shall not be affected by any authorizations provided by the Grantee to Grantor with respect to the <br />Property or any restoration activities carried out by the Grantee at the Property; provided, <br />however, that the Grantee shall be responsible for any Hazardous Materials contributed by the <br />Grantee to the Property after the date of this Deed of Conservation Easement. <br /> <br /> “Environmental Law” or “Environmental Laws” means any and all Federal, state, local or <br />municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or <br />requirements of any governmental authority regulating or imposing standards of liability or <br />standards of conduct (including common law) concerning air, water, solid waste, hazardous <br />materials, worker and community right-to-know, hazard communication, noise, radioactive <br />21