Orange County NC Website
Browse       Search
46 <br /> Model Conservation Easement Revised <br /> 20. RE-RECORDING. In order to ensure the perpetual enforceability of the <br /> Conservation Easement, the Grantees are authorized to re-record this instrument or any other <br /> appropriate notice or instrument. <br /> 21. MERGER. The parties agree that the terms of this Conservation Easement shall <br /> survive any merger of the fee and easement interest in the Property. <br /> 22. SUBSEQUENT LIENS ON THE PROPERTY. No provisions of this <br /> Conservation Easement should be construed as impairing the ability of Grantor to use the <br /> Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from <br /> such a borrowing is made subordinate to this Conservation Easement. <br /> 24. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br /> parties with respect to the Conservation Easement and supersedes all prior discussions, <br /> negotiations,understandings or agreements relating to the Conservation Easement. If any <br /> provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br /> and the application of such provision to persons or circumstances other than those as to which it <br /> is found to be invalid, shall not be affected thereby. <br /> 25. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br /> Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br /> accepts without reservation the rights and responsibilities conveyed by this Conservation <br /> Easement. This Conservation Easement is to be effective the date recorded in the Orange <br /> County Registry of Deeds. <br /> 26. ATTORNEY'S FEES. In connection with any litigation arising out of this <br /> Contract, the prevailing party shall be entitled to recover from the other party all costs incurred <br /> by it, including reasonable attorneys' fees, which shall include fees on appeal. <br /> TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the said Grantees <br /> forever. <br /> The remainder of this page is intentionally left blank. Signature page follows.] <br /> Page 18 of 22 <br />