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6 <br /> the plat of survey recorded in Plat Book , Page , Orange County Registry, and <br /> described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter <br /> referred to as the "Trail Area")within which a trail,parking area, and trail amenities (hereafter <br /> referred to as the "Trail and Amenities")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. Grantor and Grantee understand that the Trail Area overlaps with an existing <br /> conservation easement described in the "Conservation Easement"recorded in Book 2757, Page <br /> 110, Orange County Registry, and is further identified as Lot 1-R(consisting of Lots 1-A and 1- <br /> B) and Lot 2 on the plat of property titled"Property of Carl M. Shy and Eve Carol Shy," <br /> prepared by ENT Land Surveys, Inc., which plat is recorded at Plat Book 90 Page 2, Orange <br /> County Registry. The Trail Area is restricted and limited in use in accordance with the terms and <br /> conditions of this easement as well as the Conservation Easement as amended by"Amendment <br /> to Conservation Easement"recorded in Book 5894, Page 30, Orange County Registry and as <br /> amended by"Amendment to Conservation Easement"recorded in Book , Page , <br /> Orange County Registry. <br /> E. 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 /> F. 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 /> G. Grantee intends to include the Trail and Amenities as part of the North Carolina <br /> Mountains-to-Sea Trail and Grantors and Grantee agree that such inclusion grants the Grantee, <br /> and its agents or representatives, the right to establish a trail, parking area, and trail amenities for <br /> use by the general public within the Trail Area. <br /> H. The undersigned Grantee acknowledges that Grantors have donated the easement <br /> contained herein over the Trail Area in accordance with the provisions of Article V of this <br /> Easement. <br /> I. 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 /> -2- <br />