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5 <br /> The Grantor shall in all other respects remain the fee owner of the Property and area subject to this Easement and Agreement <br /> and may make all lawful uses of the Property not inconsistent with this Easement and Agreement. <br /> The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms,conditions and purposes of <br /> this Easement and Agreement by a prior failure to act. <br /> The Grantor agrees that the terms,conditions and restrictions of this Easement and Agreement will be promptly recorded by <br /> Grantor in the Orange County Registry.The designation Grantor and Grantee shall include the parties,their heirs, successors and <br /> assigns. <br /> TO HAVE AND TO HOLD the aforesaid rights,privileges,and easement herein granted to the Grantee,its successors and <br /> assigns forever and the same Grantor does covenant that Grantor is seized of said premises in fee and has the right to convey the same, <br /> that except as set forth below the same is free from encumbrances and that Grantor will warrant and defend the said title to the same <br /> against claims of all persons whosoever. <br /> The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents,personal <br /> representatives,heirs and assigns,and all other successors in interest to Grantor and shall continue as a servitude running in perpetuity <br /> with the above described land. <br /> IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its name,the day and year first above <br /> written. <br /> Orange County,a North Carolina county <br /> By: <br /> Renee Price <br /> Chair,Orange County Board of Commissioners <br /> STATE OF NORTH CAROLINA <br /> COUNTY OF <br /> I, a Notary Public of the County and State aforesaid, certify that Penny Rich,Chair of <br /> the Orange County Board of Commissioners,Grantor,personally appeared before me this day and acknowledged the execution of the <br /> foregoing instrument. <br /> WITNESS my hand and notarial seal,this the day of 120 <br /> Notary Public <br /> My commission expires: ,20 <br /> Page 3 of 3 <br />