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i <br /> the Easement Area and report on its condition to the Fund at least annually together with a right <br /> of access to and from the Easement Area, and Easement Grantor consented to this Assignment by <br /> executing the Conservation Easement . <br /> NOW , THEREFORE , for and in consideration of monies paid or to be paid by the Fund to <br /> MAs MA ignor pursuant to the Grant Contract, and for other good and valuable consideration, the receipt <br /> and*fficiency of which is hereby acknowledged, Assignor does hereby assign, transfer, set over, <br /> and bnvey the Conservation Easement to the State, and the State, acting by and through the Fund , <br /> hereby adepts this Assignment of Conservation Easement by the recording hereof. <br /> P VIDED HOWEVER, Assignor hereby reserves to itself and assigns and unto The <br /> Associatio r the Preservation of the Eno River Valley , Inc . (aka Eno River Association) a <br /> nonexclusiv ht and obligation to monitor and observe the Easement Area, including a right of <br /> ingress , egres ,Mid regress to and from the Easement Area over, upon, and across all access rights <br /> of way and ease ents appurtenant to the Conservation Easement, to exercise said monitoring <br /> rights and obllgatiAs , and further accepts unto itself the obligation to report annually to the Fund <br /> any potential violations of the Conservation Easement , <br /> PROVIDED FU HER, that the associated stewardship monies awarded under the Grant <br /> Contract shall be admin ' red pursuant to N . C . G . S . § 143B - 135 . 236 which establishes the North <br /> Carolina Conservation Ea pent Endowment Fund, or any successor law, and the internal policies <br /> and procedures of the Fun"Ich provide, inter alia that the Eno River Association ' s obligation <br /> to monitor the Easement Areko any given time is contingent on availability of such stewardship <br /> funds . <br /> PROVIDED FURTHER, t*e parties hereto specifically acknowledge that the reservation <br /> and assignment by Assignor to the 1 iver Association of this nonexclusive right and obligation <br /> to monitor and report on the EasementArea is assignable separate and apart from the Conservation <br /> p g p P <br /> Easement and the rights and respon ' ' lities of the Grantee created thereunder, but such <br /> assignment may be made only with the ' tten consent of the Fund and notice to the Easement <br /> Grantor, and if so assigned, such assignmeoshall have no effect on the rights and obligations of <br /> the State as the ultimate grantee of the Conseiation Easement, or the rights and obligations of any <br /> subsequent grantee . ' <br /> PROVIDED FURTHER, that any such f er assignment of Eno River Association ' s <br /> r report on he E�ment Area shall be evidenced b a written <br /> annual obligation to monitor and rep t e y <br /> instrument signed by the parties thereto , a notice of which shall be recorded in the Office of the <br /> Register of Deeds of Orange County, and which shall include a right of entry onto the Easement <br /> Area for the assignee of said monitoring obligation, and & 1 require the monitoring to be carried <br /> out in accordance with and subject to N. C . G . S . § 1431343 . 236 and any successor law, and the <br /> Fund ' s internal stewardship policies and procedures . Q <br /> `, <br /> [See next page for signatures and notary acknoQl dgement] <br /> 3 <br /> 0 <br /> Y� <br />