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21 <br /> N. No Extinguishment through Merger. The Parties agree that the doctrine of <br /> extinguishment by merger shall not apply to this Conservation Easement because of the public <br /> interest in its enforcement. The Parties agree that this Conservation Easement and its terms shall <br /> survive any coming together of the ownership of the fee interest and the Conservation Easement <br /> interest in the Easement Area, and that this Conservation Easement shall not be merged into the <br /> fee interest. Further, the Parties agree that if Grantee, or any successor in interest to Grantee, <br /> acquires title to any fee interest in the Easement Area (i) said owner shall observe and be bound <br /> by the obligations and the restrictions imposed upon the Easement Area by this Conservation <br /> Easement and(ii) this Conservation Easement shall not be extinguished through the doctrine of <br /> merger in any way in view of the public interest in its enforcement. <br /> O. Subsequent Liens. No provision of this Conservation Easement shall be construed <br /> as impairing the ability of Grantor to use the Property for collateral for borrowing purposes, <br /> provided that any mortgage or lien arising therefrom shall be subordinate to this Conservation <br /> Easement. <br /> P. Gender. The designations Grantor, Grantee, State, and Fund, as used herein shall <br /> include the persons or entities indicated and their administrators, successors, and assigns, and <br /> shall include the singular, plural, masculine, feminine, or neuter as the context may require. <br /> Q. Headings. The headings of the various sections of this Conservation Easement <br /> have been inserted for convenience only and shall not modify, define, limit, or expand the <br /> express provisions of this Conservation Easement. <br /> TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever. The <br /> covenants agreed to and the terms, conditions,restrictions, and purposes imposed as aforesaid <br /> shall be binding upon Grantor and Grantor's representatives, successors and assigns, and shall <br /> continue as a servitude running in perpetuity with the Property. <br /> [See next page for signatures and notary acknowledgement] <br /> 14 of 17 <br />