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7 <br /> C. Pursuant to the Act, Grantor desires to grant a trail easement over a certain portion of the <br /> Property, consisting of.25 acres, more or less, is the subject of this Easement and is marked on <br /> the plat of survey recorded in Plat Book 121, Page 3, Orange County Registry, and described in <br /> Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as <br /> the "Trail Area") within which a Trail may be constructed, thereby restricting and limiting the <br /> use of the Trail Area to the terms, conditions and purposes hereinafter set forth, and Grantee is <br /> willing to accept such easement. <br /> D. By restricting and limiting the use of the Trail Area in accordance with the terms and <br /> conditions of this Easement, the Parties intend to preserve the natural features and resources of <br /> the Trail Area; protect the habitat of native plants and animals; sustain scenic values; maintain <br /> water quality and utilize the Trail Area for public educational, scientific and low-impact <br /> recreational pursuits (said purposes being hereinafter referred to as the "Conservation Values"). <br /> E. The Parties acknowledge and agree that (i) the recording of this Easement shall be <br /> conclusive evidence of its acceptance of same by Grantee; (ii) Grantee will be the "holder" (as <br /> that term is defined in the Act) of this Easement and (iii) Grantee is a "qualified organization" <br /> and "eligible donee" within the meaning of Section 170(h)(3) of the Internal Revenue Code (the <br /> "Code") and regulations promulgated thereunder. <br /> F. Grantee intends to include the Trail within the Trail Area ("Trail") as part of the North <br /> Carolina Mountains-to-Sea Trail and Grantor and Grantee agree that such inclusion grants the <br /> Grantee, and its agents or representatives, the right to establish a trail for use by the general <br /> public within the Trail Area. <br /> G. The undersigned Grantee acknowledges that Grantor has donated the easement contained <br /> herein over the Trail Area in accordance with the provisions of Article V of this Easement. <br /> H. The Parties acknowledge and agree that as a component of the North Carolina <br /> Mountains-to-Sea Trail, the Trail Area, in accordance with Chapter 143B, of the North Carolina <br /> General Statutes, shall be subject to a general management plan devised by the North Carolina <br /> Department of Natural and Cultural Resources ("NCDNCR"). <br /> NOW, THEREFORE, for the reasons given and other good and valuable consideration <br /> and in consideration of their mutual covenants, terms, conditions and restrictions contained <br /> herein, Grantor hereby voluntarily grants and conveys to Grantee, its successors or assigns, and <br /> Grantee, its successors or assigns, hereby voluntarily accepts, forever and in perpetuity an <br /> Easement on the Property, which Easement is an immediately vested interest in real property of <br /> the nature and character described herein, and a right-of-way over, under, and across the Trail <br /> Area. Grantor promises that they will not perform, nor knowingly allow others to perform, any <br /> act on or affecting the Trail Area that is inconsistent with the covenants contained herein. <br /> Grantor authorizes Grantee to enforce these covenants in the manner described below. <br /> -2- <br />