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27 <br /> NOW, THEREFORE, for and in consideration of monies paid or to be paid by the Fund to <br /> Assignor pursuant to the Grant Contract,and for other good and valuable consideration,the receipt <br /> and sufficiency of which is hereby acknowledged,Assignor does hereby assign,transfer, set over, <br /> and convey the Conservation Easement to the State, and the State,acting by and through the Fund, <br /> hereby accepts this Assignment of Conservation Easement by the recording hereof. <br /> PROVIDED HOWEVER, Assignor hereby reserves unto itself a nonexclusive right and <br /> obligation to monitor and observe the Easement Area, including a right of ingress, egress, and <br /> regress to and from the Easement Area over, upon, and across all access rights of way and <br /> easements appurtenant to the Conservation Easement, to exercise said monitoring rights and <br /> obligations, and further accepts unto itself the obligation to report annually to the Fund any <br /> potential violations of the Conservation Easement. <br /> PROVIDED FURTHER, that the associated stewardship monies awarded under the Grant <br /> Contract shall be administered pursuant to N.C.G.S. §14313-135.236 which establishes the North <br /> Carolina Conservation Easement Endowment Fund, or any successor law, and the internal policies <br /> and procedures of the Fund, which provide, inter alia that The Association of the Preservation of <br /> the Eno River Valley, Inc. (a.k.a. Eno River Association)'s obligation to monitor the Easement <br /> Area at any given time is contingent on availability of such stewardship funds. <br /> PROVIDED FURTHER, the parties hereto specifically acknowledge that the reservation <br /> by Eno River Association of this nonexclusive right and obligation to monitor and report on the <br /> Easement Area is assignable separate and apart from the Conservation Easement and the rights <br /> and responsibilities of the Grantee created thereunder,but such assignment may be made only with <br /> the written consent of the Fund and notice to the Easement Grantor, and if so assigned, such <br /> assignment shall have no effect on the rights and obligations of the State as the ultimate grantee of <br /> the Conservation Easement, or the rights and obligations of any subsequent grantee. <br /> PROVIDED FURTHER, that any such assignment of Eno River Association's annual <br /> obligation to monitor and report on the Easement Area shall be evidenced by a written instrument <br /> signed by the parties thereto, a notice of which shall be recorded in the Office of the Register of <br /> Deeds of Orange County, and which shall include a right of entry onto the Easement Area for the <br /> assignee of said monitoring obligation, and shall require the monitoring to be carried out in <br /> accordance with and subject to N.C.G.S. §14313-135.236 and any successor law, and the Fund's <br /> internal stewardship policies and procedures. <br /> [See next page for signatures and notary acknowledgement] <br /> 3 <br />