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12 <br /> 5.4. Mineral Interests. No Person has retained a qualified mineral interest in the Trail Area of <br /> a nature that would disqualify the Easement for purposes of§1.170A-14(g)(4) of the <br /> Regulations. <br /> 5.5. Notice Required Under Regulations. To the extent required for compliance with <br /> §1.170A-13(g)(4)(ii) of the Regulations, Grantor agrees to notify Grantee before exercising any <br /> reserved right that may have an adverse impact on the conservation interests or public <br /> recreational purposes associated with the Trail Area. <br /> 5.6. Trail Area Right. In accordance with §1.170A-14(g)(6) of the Regulations, the <br /> undersigned Grantor agrees that the Easement granted under this agreement gives rise to a <br /> property right, immediately vested in the Grantee, that entitles the Grantee to compensation upon <br /> extinguishment of the easement. The fair market value of the property right is to be determined <br /> in accordance with the Regulations; i.e., it is at least equal to the proportionate value that this <br /> easement as of the Easement Date bears to the value of the Property as a whole as of the <br /> Easement Date. Grantee must use any funds received by application of this provision in a manner <br /> consistent with the recreational and conservation purposes of this Easement. <br /> 5.7. Qualification Under §2031(C) of the Code. To the extent required to qualify for <br /> exemption from federal estate tax under §2031(c) of the Code, and only to the extent such <br /> activity is not otherwise prohibited or limited under this Easement, Grantor agrees that <br /> commercial recreational uses are not permitted within the Trail Area. <br /> ARTICLE VI. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br /> This Easement is not intended in any way to affect any existing obligation of the Grantor as <br /> owner of the Property. Among other things, this shall apply to: <br /> 6.1. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and <br /> assessments levied against the Property. If Grantee is ever required to pay any taxes or <br /> assessments on their interest in the Property, Grantor shall upon demand reimburse Grantee for <br /> the same. <br /> 6.2. Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep <br /> and maintenance of the Trail Area, to the extent it may be required by law, except as described <br /> herein. Grantee shall have no obligation for the upkeep or maintenance of the Trail Area, except <br /> as described herein. Grantee shall be solely responsible for construction, upkeep, and <br /> maintenance of the Trail, except as described herein. <br /> 6.3. Transfer of Trail Area. Grantor agrees to incorporate by reference the terms of this <br /> Easement in any deed or other legal instrument by which they transfer or divest themselves of <br /> any interest, including leasehold interests, in the Trail Area. Grantor shall notify Grantee in <br /> writing at least thirty (30) days before conveying the Trail Area, or any interest therein. Failure <br /> of Grantor to do so shall not impair the validity of the Easement or limit its enforceability in any <br /> way. <br /> -7- <br />