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16 <br /> ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br /> This Easement is not intended to impose any legal or other responsibility on the NCDA&CS, or in any way to affect any <br /> existing obligation of the Grantor as owners of the Protected Property. <br /> Among other things,this shall apply to: <br /> 4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against <br /> the Protected Property. If the Grantee is ever required to pay any taxes or assessments on their interest in the <br /> Protected Property,the Grantor shall upon demand reimburse the Grantee for the same. <br /> 4.2.Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep and maintenance of <br /> the Protected Property,to the extent it may be required by law. The Grantee and the State of North Carolina shall <br /> have no obligation for the upkeep or maintenance of the Protected Property. <br /> 4.3.Transfer of Protected Property. The Grantor agrees to incorporate by reference the terms of this Easement in any <br /> deed or other legal instrument by which they transfer or divest themselves of any interest, including leasehold <br /> interests,in the Protected Property. The Grantor shall notify the Grantee in writing at least thirty(30) days before <br /> conveying the Protected Property, or interest therein. Failure of Grantor to do so shall not impair the validity of the <br /> Easement or limit its enforceability in any way. <br /> 4.4.Transfer of Easement. Subject to the contingent rights of the State of North Carolina with timely written notice and <br /> approval of the NCDA&CS,the Grantee shall have the right to transfer this Conservation Easement to any public <br /> agency or private nonprofit organization that, at the time of transfer,is a qualified organization under 26 U.S.C. <br /> Section 170(h)of the Internal Revenue Code, as amended and under NGS 121-34 et seq.,provided the agency or <br /> organization expressly agrees to assume the responsibility imposed on the Grantee by this Conservation Easement. <br /> As a condition of such transfer,Grantee shall require that the conservation purposes intended to be advanced <br /> hereunder shall be continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26 <br /> U.S.C. Section 170(h)of the Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer <br /> this Conservation Easement to another qualified organization having similar purposes that agrees to assume the <br /> responsibility imposed by the Conservation Easement. <br /> 4.5.Conservation Practices. The Grantors,their heirs, successors,or assigns, shall conduct agricultural operations on <br /> the Protected Property in a manner consistent with the Agricultural Conservation Plan prepared by Grantor in <br /> consultation with NRCS and approved by the Soil and Water Conservation district. This Agricultural <br /> Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical <br /> Guide and 7 CFR Part 12 that are in effect on the date of execution of this Easement Deed. However,the Grantor <br /> may develop and implement an Agricultural Conservation Plan that proposes a higher level of conservation and is <br /> consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to <br /> enter upon the Protected Property,with advance notice to the Grantor, in order to monitor compliance with the <br /> Agricultural Conservation Plan. <br /> 4.6.Inspection and Access. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, <br /> Grantee or NCDA&CS, its employees and agents and its successors and assigns, shall have the right to enter the <br /> 10 <br />