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i5 <br />Volpe Conset~~atton Easement <br />11-24-0.3 draft (clemt) <br />To the Grantors: To the Grantee: <br />Marls and Lori Volpe Orange County Environment and <br />1717 Halls Mill Road Resource Conservation Department <br />Hillsborough, NC 27278 Oraz~ge County, North Carolina <br />P,O. Box 8181 <br />Hillsborough, NC 27278 <br />15. ENVIRONMENTAL CONDITION. The Grantors warrant that they have no <br />actual larowledge of a release or threatened release of hazardous substances or wastes on the <br />Easement Area. <br />16. SEVERABILITY. If any provision of this Conservation Easement is found to be <br />invalid, the remaining provisions shall not be altered thereby, <br />17. PARTIES. Every provision of this Conservation Easement that applies to the <br />Grantors or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br />and all other successors as their interest may appear. This Conservation Easement shall not be <br />construed to benef t or to create any rights in any third parties, including but not limited to the <br />general public. <br />18, RE-RECORDING, Tn order to ensure the perpetual enforoeability of the <br />Conservation Easement, the Grantee is authorized to re-record this instnrment or any other <br />appropriate notice or instrument.. <br />19, MERGER. The parties agree that the terms of this Conservation Easement shall <br />survive any merger of the fee and easement interest in the Easement Area. <br />20. SUBSEQUENT LIENS ON EASEMENT AREA. No provisions of this <br />Conservation Easement should be construed as impairing the ability of Grantors to use the <br />Easement Area as collateral for subsequent bon-owing, provided that any mortgage or lien arising <br />from such a borrowing is made subordinate to this Conservation Easement. <br />21. EXHIBITS AND DOCUMENTATION. <br />(a) Documentation Report. The parties acknowledge that the Baseline Report, a copy <br />of which is on file at the offices of the Grantee, accurately establishes the uses, structures, <br />conservation values and condition of the protected Easement Area as of the date hereof. See <br />summary attached as Exhibit A. <br />Page 10 of 14 <br />