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would connect Hillsborough Riverwalk to the Haw River for the planned North <br /> Carolina Mountains-to - Sea Trail ; and <br /> (e) N. C . G . S . § 113 -34 . 1 authorizing the Department of Environment and Natural <br /> Resources to develop and maintain the North Carolina Mountains-to - Sea Trail , of <br /> which this easement will be a part . <br /> 5 q <br /> Mineral Interests . No Person has retained a qualified mineral interest in the Trail Area of <br /> a na'W e that would disqualify the Easement for purposes of § 1 . 1 70A- 14 ( g) (4) of the <br /> Regulati* s . <br /> 5 . 5 . ' ce Required Under Regulations . To the extent required for compliance with <br /> § 1 . 170A- ) (4)(ii) of the Regulations , Grantor agrees to notify Grantee before exercising any <br /> reserved rig at may have an adverse impact on the conservation interests or public <br /> recreational p oses associated with the Trail Area. <br /> ' c with l l 0A- 14 6 of he Regulations , the <br /> 5 . � . Tra.il Arc � �ht . In accordance t � 7 { �) { ) t g h <br /> undersigned Grantor agrees that the Easement granted under this agreement gives rise to a <br /> property right, immediately vested in the Grantee , that entitles the Grantee to compensation upon <br /> extinguishment of the e ment . The fair market value of the property right is to be determined <br /> in accordance with the ulations ; i . e . , it is at least equal to the proportionate value that this <br /> easement as of the Ease Date bears to the value of the Property as a whole as of the <br /> Easement Date . Grantee mA;, se any funds received by application of this provision in a manner <br /> consistent with the recreatiotnd conservation purposes of this Easement . <br /> �e %# <br /> 5 . 7 . Qualification Under 20 C of the Code . To the extent required to qualify for <br /> exemption from federal estate tax nder § 2031 (c) of the Code , and only to the extent such <br /> activity is not otherwise prohibited ? 1 ' ited under this Easement, Grantor agrees that <br /> commercial recreational uses are no <br /> ARTICLE within the Trail Area. <br /> ARTICLE VI, ONGOING RES ;NSIBILITY OF GRANTOR AND GRANTEE <br /> This Easement is not intended in any way to fect any existing obligation of the Grantor as <br /> owner of the Property . Among other things , i s shall apply to . <br /> 0 <br /> 6 . 1 . Taxes . Grantor shall continue to be solely ponsible for payment of all taxes and <br /> If Granteiss ever required to pay any taxes or assessments levied against the Property , <br /> assessments on their interest in the Property , Grantor shall upon demand reimburse Grantee for <br /> the same . <br /> 6 . 2 . Upkeep and Maintenance . Grantor shall continue be solely responsible for the upkeep <br /> and maintenance of the Trail Area, to the extent it may be Quired by law, except as described <br /> herein . Grantee shall have no obligation for the upkeep or rr10i1itenance of the Trail Area, except <br /> as described herein . Grantee shall be solely responsible for co r�zction, upkeep , and <br /> maintenance of the Trail , except as described herein . <br /> - s - 'd <br /> O <br /> C� <br />