Agenda - 12-09-2003-5a - Laserfiche WebLink

Browse Search

Draft 10-1.5-03 (clean) 1 & 28. Subsegtterrt Liens on Property No provisions of this Conservation should be construed as impairing the ability of Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be subordinated to this Easement. 29. Subsequent Easemerets/Restrictions on the Property The grant of any easements or use restrictions that might diminish or impair the agricultural viability or productivity of the Property or otherwise diminish or impair the conservation values of the Property is prohibited.. Any such easements or restrictions shall be subordinated to this Easement. 30. Grantor's Environmental Warrmrty The Grantors warrant that they have no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable federal and state law, and hereby promise to defend and indemnify Grantee and United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with any release of hazardous waste caused by the intentional or negligent act of the Grantor or violation of federal, state or local environmental laws caused by the negligent or intentional act of the Grantor. Without limiting the generality of the foregoing, nothing in this Easement shall be construed as giving rise to any right or ability in Grantee ar the United States, nor shall Grantee or the ilnited States have any right or ability, to exercise physical or managerial control over the day-to-day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantors and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTORS: Everett Wesley Cheek Lewis Roberson Cheek Accepted: