Orange County NC Website
Browse       Search
Page 14 of 18 <br />material, resource protection, subdivision, inland wetlands and watercourses, health protection <br />and similar environmental health, safety, building and land use as may now or at any time <br />hereafter be in effect. <br /> <br />“Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, <br />explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, <br />hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, <br />toxic chemicals, radioactive materials, infectious materials and any other element, compound, <br />mixture, solution or substance which may pose a present or potential hazard to human health <br />or the environment. <br /> <br />17. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby. <br /> <br />18. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantor or Grantee shall also apply to their respective assigns, and all other successors as their <br />interest may appear. This Conservation Easement shall not be construed to benefit or to create <br />any rights in any third parties, including but not limited to the general public. <br /> <br />19. RE-RECORDING. In order to ensure the perpetual enforceability of the <br />Conservation Easement, the Grantee is authorized to re-record this instrument or any other <br />appropriate notice or instrument. <br /> <br />20. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br /> <br />21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation <br />Easement should be construed as impairing the ability of Grantor to use the Easement Area as <br />collateral for subsequent borrowing, provided that any mortgage or lien arising from such a <br />borrowing is made subordinate to this Conservation Easement. <br /> <br />23. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, <br />negotiations, understandings or agreements relating to the Conservation Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br />and the application of such provision to persons or circumstances other than those as to which <br />it is found to be invalid, shall not be affected thereby. <br /> <br />24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the Grantee and <br />the signature of its authorized representative affixed hereto, the Grantee hereby accepts <br />without reservation the rights and responsibilities conveyed by this Conservation Easement. <br />This Conservation Easement is to be effective as of the date recorded in the Orange County <br />Registry of Deeds. <br />26