Orange County NC Website
Browse       Search
l� <br /> the Conservation Easement as set forth herein . Notwithstanding the foregoing , all <br /> Proceeds of Sale shall be distributed among the Parties according to each Party ' s <br /> respective contribution to the purchase price of the Property and this Conservation <br /> - Easement as specified above . Nothing herein limits Grantee ' s right to be included as a <br /> named party in any judicial proceedings related to changed conditions . <br /> D . Acts Beyond Grantor ' s Control . Nothing contained in this Conservation Easement <br /> shale construed to entitle Grantee to bring any action against Grantor for any injury or change <br /> in the Ea ement Area resulting from the acts of third parties not authorized by Grantor, or from <br /> causes and Grantor ' s control , including , without limitation, fire, flood , storm, and earth <br /> moveme r from any prudent action taken in good faith by Grantor under emergency <br /> conditions revent, abate , or mitigate significant injury to life , property , or the Easement Area, <br /> resulting fro uch causes . <br /> E . &ts of Enforcement . Any costs incurred by Grantee in enforcing the terms of <br /> this Conservation 6sement against Grantor, including , without limitation, any costs of <br /> restoration necessitated by Grantor ' s acts or omissions in violation of the terms of this <br /> Conservation Easement, shall be borne by Grantor . <br /> F . No WalkVICIA Any forbearance by Grantee to exercise its rights hereunder in the <br /> event of any breach of an rm set forth herein shall not be deemed or construed to be a waiver <br /> by Grantee of such term or y subsequent breach of the same or of any other term of this <br /> Conservation Ea e s ment or o antee s nghts . No delay or omission by Grantee In exercise of <br /> any right or remedy shall impaifols'uch right or remedy or be construed as a waiver . <br /> RTICLE V . TITLE <br /> Grantor covenants, represents , a warrants (1) that Grantor is the sole owner and is <br /> seized of the Property including the Ease nt Area in fee simple and has good right to grant and <br /> convey this Conservation Easement, (ii) thhere is legal access to the Property and the <br /> Easement Area, (iii} that the Property and Ea ment Area are free and clear of any and all <br /> encumbrances, except those permitted except ii s outlined below, none of which would nullify , <br /> impair, or limit in any way the terms or effect A is Conservation Easement, (iv) that Grantor <br /> shall defend its and Grantee ' s title against the cla k of all persons whomsoever, and (v) that <br /> Grantee, its successors and assigns , shall have the fight to monitor and defend the terms of this <br /> Conservation Easement . The following are permitted exceptions to the above covenants , <br /> representations , and warranties : <br /> 1 . Rights of Friends of Moorefields , a Nortbc Arolina non-profit corporation as <br /> underlying fee simple owner to use the Lain any way not inconsistent with the <br /> terms of this Conservation Easement , Q <br /> 10of19 <br /> 0 <br />