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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 /> reserve the rights of the Grantee . <br /> <8Z2 . Survival of Terms/Merger of Fee and Easement . Grantor and Grantee agree that the <br /> to Ms of this Easement shall survive any merger of this fee and easement interest in the Trail <br /> Ario. In the event Grantee becomes owner of the Trail Area, or any portion thereof, Grantee <br /> shalkeransfer its rights title and interest in this Easement to a third party in accordance with <br /> sections . 4 . <br /> 8 . 3 . A ndment of Easement . This Easement may be amended only with the written consent <br /> of the li - <br /> Gr t r and Grantee . Any such amendment shall be consistent with the purposes of this <br /> Easement hall comply with Sec . 170 (h) of the Internal Revenue Code , or any regulations <br /> promulgated i ccoodance with that section. Any such amendment shall also be consistent with <br /> the Uniform Col rvation and Historic Preservation Agreements Act, N . C . G . S . Section 121 - 34 <br /> et seq. , or any regations 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 Fivent of Termination of Easement . If it is determined that conditions on <br /> or surrounding the Trai fAea have changed so much that it is impossible to fulfill the <br /> conservation purposes se h above, a court with jurisdiction may, at the joint request of both <br /> the Grantor and Grantee , to"ate this Easement , <br /> If condemnation of a `ar of the Trail Area or of the entire Property b public authority <br /> p p Y Y p Y <br /> renders it impossible to fulfill a Yn bf these conservation purposes , the Easement may be <br /> terminated through condemnation roceedings . <br /> 8 . 5 . Interpretation. This EasemenY shall be interpreted under the laws of the State of North <br /> Carolina, resolving any ambiguities an estions of the validity of specific provisions so as to <br /> give maximum effect to its conservation oses . <br /> 8 . 6 . Perpetual Duration1 Severa_ bility . T asement created by this Deed shall be a servitude <br /> running with the land in perpetuity . Every prsion of this Deed of Trail Easement that applies <br /> to the Grantor or the Grantee shall also apply t eir respective agents , heirs , executors , <br /> administrators , assigns , and all other successors eir interests may appear . Invalidity of any <br /> of the covenants , terms or conditions of this Ease nt , 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$f this Easement should be construed <br /> as impairing the ability of Grantor to use the Trail Area as coo lateral for subsequent borrowing . <br /> Any such liens shall be and remain subordinate to this EasenV lit . <br /> 8 . 8 . Subsequent Easements/Restrictions on the Trail Area . 1` rant of any easement or use <br /> restriction that might diminish or impair the Conservation ,Values the Trail Area is prohibited . <br /> Any such easement or restriction shall be subordinated to this Ease t. <br /> 0 <br />