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17 <br /> causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth <br /> movement, or from any prudent action taken in good faith by Grantor under emergency <br /> conditions to prevent, abate, or mitigate significant injury to life, property, or the Easement Area, <br /> resulting from such causes. <br /> E. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of <br /> this Conservation Easement against Grantor, including, without limitation, any costs of <br /> restoration necessitated by Grantor's acts or omissions in violation of the terms of this <br /> Conservation Easement, shall be borne by Grantor. <br /> F. No Waiver. Any forbearance by Grantee to exercise its rights hereunder in the <br /> event of any breach of any term set forth herein shall not be deemed or construed to be a waiver <br /> by Grantee of such term or of any subsequent breach of the same or of any other term of this <br /> Conservation Easement or of Grantee's rights. No delay or omission by Grantee in exercise of <br /> any right or remedy shall impair such right or remedy or be construed as a waiver. <br /> ARTICLE V. TITLE <br /> Grantor covenants, represents, and warrants (i) that Grantor is the sole owner and is <br /> seized of the Property including the Easement Area in fee simple and has good right to grant and <br /> convey this Conservation Easement, (ii) that there is legal access to the Property and the <br /> Easement Area, (iii)that the Property and Easement Area are free and clear of any and all <br /> encumbrances, except those permitted exceptions outlined below,none of which would nullify, <br /> impair, or limit in any way the terms or effect of this Conservation Easement, (iv) that Grantor <br /> shall defend its and Grantee's title against the claims of all persons whomsoever, and(v)that <br /> Grantee, its successors and assigns, shall have the right to monitor and defend the terms of this <br /> Conservation Easement. The following are permitted exceptions to the above covenants, <br /> representations, and warranties: <br /> ARTICLE VI. MISCELLANEOUS <br /> A. Stewardship of the Conservation Easement. Pursuant to the terms of the Grant <br /> Contract and any contract for stewardship of the Easement Area entered into pursuant to the <br /> Grant Contract, Grantor acknowledges that The Association of the Preservation of the Eno River <br /> Valley, Inc. (a.k.a. Eno River Association)will monitor and observe the Easement Area in <br /> perpetuity to assure compliance with the purposes and provisions of this Conservation Easement <br /> and the provisions of the Grant Contract, and that it will report on the condition of the Easement <br /> Area, or provide for such reporting, to State and Fund no less frequently than once a year, and <br /> further will report immediately to State and Fund any observed and/or known violations of this <br /> Conservation Easement or the Grant Contract. The Parties acknowledge that the associated <br /> stewardship monies awarded under the Grant Contract are administered pursuant to N.C.G.S. <br /> §143B-135.236 which establishes the North Carolina Conservation Easement Endowment Fund, <br /> or any successor law, and Fund's internal policies and procedures, and that Eno River <br /> Association's obligation to monitor the Easement Area at any given time is contingent on the <br /> 10 of 17 <br />