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61 <br /> 8.1. Recording. Grantee shall record this instrument in a timely fashion in the official record <br /> of Orange County,North Carolina, and may re-record it at any time as may be required to <br /> preserve the rights of the Grantee. <br /> 8.2. Survival of Terms/Merger of Fee and Easement. Grantor and Grantee agree that the <br /> terms of this Easement shall survive any merger of this fee and easement interest in the Trail <br /> Area. In the event Grantee becomes owner of the Trail Area, or any portion thereof, Grantee <br /> shall transfer its rights title and interest in this Easement to a third parry in accordance with <br /> sections 6.4. <br /> 8.3. Amendment of Easement. This Easement may be amended only with the written consent <br /> of the Grantor and Grantee. Any such amendment shall be consistent with the purposes of this <br /> Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations <br /> promulgated in accordance with that section. Any such amendment shall also be consistent with <br /> the Uniform Conservation and Historic Preservation Agreements Act,N.C.G.S. Section 121-34 <br /> et seq., or any regulations promulgated pursuant to that law. The Grantor and Grantee have no <br /> right or power to agree to any amendment that would affect the enforceability of this Easement. <br /> 8.4. Procedure in the Event of Termination of Easement. If it is determined that conditions on <br /> or surrounding the Trail Area have changed so much that it is impossible to fulfill the <br /> conservation purposes set forth above, a court with jurisdiction may, at the joint request of both <br /> the Grantor and Grantee, terminate this Easement. <br /> If condemnation of a part of the Trail Area or of the entire Property by public authority <br /> renders it impossible to fulfill any of these conservation purposes, the Easement may be <br /> terminated through condemnation proceedings. <br /> 8.5. Interpretation. This Easement shall be interpreted under the laws of the State of North <br /> Carolina, resolving any ambiguities and questions of the validity of specific provisions so as to <br /> give maximum effect to its conservation purposes. <br /> 8.6. Perpetual Duration; Severability. The Easement created by this Deed shall be a servitude <br /> running with the land in perpetuity. Every provision of this Deed of Trail Easement that applies <br /> to the Grantor or the Grantee shall also apply to their respective agents, heirs, executors, <br /> administrators, assigns, and all other successors as their interests may appear. Invalidity of any <br /> of the covenants, terms or conditions of this Easement, or any part thereof by court order or <br /> judgment shall in no way affect the validity of any of the other provisions hereof, which shall <br /> remain in full force and effect. <br /> 8.7. Subsequent Liens on the Trail Area. No provision of this Easement should be construed <br /> as impairing the ability of Grantor to use the Trail Area as collateral for subsequent borrowing. <br /> Any such liens shall be and remain subordinate to this Easement. <br /> 8.8. Subsequent Easements/Restrictions on the Trail Area. The grant of any easement or use <br /> restriction that might diminish or impair the Conservation Values of the Trail Area is prohibited. <br /> Any such easement or restriction shall be subordinated to this Easement. <br /> - 11 - <br />