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26 <br />WHEREAS, pursuant to said Grant Agreement, Triangle Land Conservancy has <br />acquired a Conservation Easement over the Easement Area, which is described in that certain <br />deed recorded in Deed Book 916, Page 64, dated June 10, 2001 and illustrated in the plat <br />recorded at Plat Book 57, Page 3 of the Orange County Registry, Hillsborough, North Carolina. <br />WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, Triangle <br />Land Conservancy has assigned its right, title, and interest in the Conservation Easement to <br />County, and County has agreed to this Assignment. <br />WHEREAS, in furtherance of the terms and conditions of the Grant Agreement, County <br />desires to assign its right, title, and interest in the Conservation Easement to State, and State has <br />agreed to this Assignment. <br />NOW, THEREFORE, in consideration of grant monies paid by Fund to Triangle Land <br />Conservancy; the mutual benefits accruing to State, Assignor, and the public from the <br />Conservation Easement herein referenced and assigned, and other good and valuable <br />consideration, the receipt and sufficiency of which are herein acknowledged, County hereby <br />conveys and assigns to the State of North Carolina, acting by and through the North Carolina <br />Clean Water Management Trust Fund, all the right, title, easement, privilege, interest, (and <br />subject to all conditions therein contained), in that certain Conservation Easement conveyed to <br />Triangle Land Conservancy by Jeffrey and Angela Fisher dated the _day of <br />2003 and recorded in Deed Book Page, , Orange County Registry, which said <br />Conservation Easement was subsequently assigned to County by instrument recorded in Deed <br />Book , Page , Orange County Registry. However, County hereby expressly <br />reserves from this conveyance the nonexclusive rights initially acquired by the <br />Conservation Easement to monitor, observe, access, and enforce the Conservation <br />Easement for such purposes as described in said Conservation Easement and Grant <br />TO HAVE AND TO HOLD the said right, privilege and easement herein granted and <br />assigned to the State of North Carolina, its successors and assigns in perpetuity. <br />AND THE ASSIGNOR covenants that it is properly vested with the Conservation <br />Easement; has the right to assign the same to State; that the Easement Area is free from <br />encumbrances, except as may be expressly excepted to by the terms and conditions of the <br />Conservation Easement; and that Assignor will warrant and defend title to the same against the <br />claims of all persons whomsoever. <br />[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK. THE SIGNATURE <br />PAGE FOLLOWS] <br />26 <br />