Orange County NC Website
21 <br /> 6.9. Subsequent Easements/Restrictions on the Protected Property. The grant of any easements or use restrictions that <br /> might diminish or impair the agricultural viability or productivity of the Protected Property or otherwise diminish <br /> or impair the Conservation Values of the Protected Property is prohibited. Any such easements or restrictions shall <br /> be subordinated to this Easement. <br /> 6.10. Notices. Any notices required by this Easement shall be in writing and shall be personally delivered or sent by <br /> first class mail to the Grantor, Grantee,NCDA&CS,respectively, at the following address,unless a party has been <br /> notified in writing by the other of a change of address. <br /> To the Grantor: To the Grantee: To the State of North Carolina <br /> Kimberly D Woods Trustee Orange County N.C. Dept. of Agriculture&Consumer Services <br /> Kimberly Woods DEAPR NCADFP Trust Fund <br /> 2915 Pearson Rd. Post Office Box 8181 2 West Edenton Street <br /> Hurdle Mills,NC 27541 Hillsborough,NC 27278 Raleigh,NC 27601 <br /> 6.11.Approval by Grantee. In any case where the terms of this Easement require the approval of the Grantee,unless <br /> otherwise stated herein, such approval shall be requested in writing to the Grantee, and the NCDA&CS if required, <br /> in accordance with section 6.11. In any provision of this Easement in which the Grantor is required to provide <br /> advance notice to the Grantee of any activity on the Protected Property, such notice shall be given not less than <br /> thirty(30)calendar days prior to the planned commencement of the activity. If the Grantee's approval is required, <br /> such approval shall be deemed withheld/disapproved unless Grantee provides to the Grantor written notice of <br /> approval within 30 calendar days of receipt of said request. If Grantor has received no response after said 30 <br /> calendar days,Grantor may send a second written notice to Grantee requesting a statement of the reasons for the <br /> disapproval and the Grantee shall respond within 30 calendar days with an explanation for the specific reasons and <br /> basis for its decision to disapprove. <br /> 6.12.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and <br /> supersedes all prior discussions,negotiations,understandings or agreements relating to the Easement. If any <br /> provision is found to be invalid,the remainder of the provisions of this Easement,and the application of such <br /> provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br /> thereby. <br /> 6.13.Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through NCADFP Trust Fund <br /> make no warranty,representation or other assurance regarding the availability, amount or effect of any deduction, <br /> credit or other benefit to Grantor or any other person or entity under United States or any state, local or other tax <br /> law to be derived from the donation of this Easement or other transaction associated with the donation of this <br /> Easement. This donation is not conditioned upon the availability or amount of any such deduction, credit or other <br /> benefit. Grantee and NCDA&CS make no warranty,representation or other assurance regarding the value of this <br /> Easement or of the Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal <br /> counsel, accountant,financial advisor, appraiser or other consultant and not upon Grantee or NCDA&CS or any <br /> legal counsel, accountant, financial advisor,appraiser or other consultant of Grantee or NCDA&CS. In the event <br /> of any audit or other inquiry of a governmental authority into the effect of this donation upon the taxation or <br /> financial affairs involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantee <br /> 15 <br />