Agricultural easement and Warranty Deed - Fickle Creek Farm

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Y�II I I,�f',��I�F�'I d IVIlRkI RB64001 S3 12122 the Property, Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings, Grantee may obtain an InJunction to stop as violation or a threatened violation, temporarily or permanently. The parties agree that a court may issue an injjunction or order requiring Grantor to restore the Property to its condition prior to the violation, as restoration of the property may be (fie only appropriate remedy. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping, and correcting the violation, including but not limited to reasonable attorneys' fees. The failure: of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at as later time for that violation or any subsequent. Violations. In any case where the court finds that there was as complete absence of ajusticiable issue of either law or fact raised by the losing party, the court may award a reasonable attorney's fee to the prevailing party as provided by applicable law. 19. Tr an#Zr ol'("oriser.anion Easetnent The Grantee shall have the right to transfer, assign, convey, or otherwise to co-hold the Conservation Easement created by this Deed to any public agency or private nonprofit organization that, at the time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue Code, as aniended and Under NCGS 121-34 el seq., provided the agency or organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed. If Grantee ever ceases, to exist or no longer clualif� Linder Section 170(h) of" the 'U.S. Internal ReVenUe Code, or applicable state law, as court with jurisdiction shall trtuisfer this Conservation Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by this Conservation Easement. M Trans/ r (#'Propeqy The Grantor agrees to Incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which they transfer or divest themselves of any interests, including leasehold interests, in all or a portion of the Property, Grantor shall notify the Grantee in writing at least thirly (30') days bel5ore conveying the Property, or any part thereof or interest therein. Failure of Grantor to incorporate by reference, the ternis or this Conservation Easenient in -.in instrument of transfer or conveyance or to notify the Orantee of a transfer or conveyance shall not impair the validity of this C,onservation Easement or.. limit its enforceability in any way. 2L A mel7dinew qf('on.vervation Easement This Conservation Casement iiiay be amended only with the written consent of the Grantee and Grantor, Any, such ainendment shall be consistent with the Statement of Purposes of this Consciiation Easement and with the Grantee Conservation Easement as Policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded, Page 12 of 18