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Attachment 4 <br /> <br />Model Conservation Easement Revised <br /> <br />Page 13 of 21 <br />Durham, NC 27701 Orange County, North Carolina <br /> P.O. Box 8181 <br /> Hillsborough, NC 27278 <br /> <br /> <br />18. ENVIRONMENTAL CONDITION. Grantor warrants that it has no actual <br />knowledge of a release or threatened release of hazardous substances or wastes on the Property. <br /> <br />19. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby. <br /> <br />20. PARTIES. Every provision of this Conservation Easement that applies to Grantor or <br />Grantee shall also apply to their respective heirs, executors, administrators, assigns, and all other <br />successors as their interest may appear. This Conservation Easement shall not be construed to <br />benefit or to create any rights in any third parties, including but not limited to the general public. <br /> <br />21. 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 />22. MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Property. <br /> <br />23. SUBSEQUENT LIENS ON THE PROPERTY. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantor to use the Property 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 />24. DOCUMENTATION REPORT. The parties acknowledge that the Baseline <br />Documentation Report dated ______________, a copy of which is on file at the offices of the <br />Grantee, accurately establishes the uses, structures, Conservation Values and condition of the <br />protected Property as of the date hereof. See summary attached as Exhibit C. <br /> <br />25. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br />parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, <br />understandings or agreements relating to the Conservation Easement. If any provision is found to be <br />invalid, the remainder of the provisions of this Conservation Easement, and the application of such <br />provision to persons or circumstances other than those as to which it is found to be invalid, shall not <br />be affected thereby. <br /> <br />26. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br />Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby accepts <br />19