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i <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 /> i <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 Now <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 /> 4. <br /> F . The Parties acknowledge and agree that (1) 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 /> f <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 />