Orange County NC Website
20 <br /> K. Entire Agreement. The Recitals set forth above and the exhibits, if any, attached <br /> hereto are incorporated herein by reference. This instrument, including the Grant Contract <br /> incorporated by reference herein, sets forth the entire agreement of the Parties with respect to the <br /> Project and supersedes all prior discussions,negotiations,understandings,and agreements <br /> relating to the Project. To the extent that this Conservation Easement is in conflict with the Grant <br /> Contract,the terms of this Conservation Easement shall control. <br /> L. Interpretation and Severance. This Conservation Easement shall be construed and <br /> interpreted under the laws of the State and the United States,and any ambiguities herein shall be <br /> resolved so as to give maximum effect to the conservation purposes sought to be protected <br /> herein. The normal rule of construction of ambiguities against the drafting party shall not apply <br /> in the interpretation of this Conservation Easement. Further,this Conservation Easement shall be <br /> construed to promote the purposes of the Act,which authorizes the creation of conservation <br /> agreements for purposes including those set forth herein, and such conservation purposes as are <br /> defined in Section 170(h)(4)(A) of the Code. If any provision of this Conservation Easement is <br /> found to be invalid,the remainder of the provisions of this Conservation Easement,and the <br /> application of such provisions to persons or circumstances other than those as to which it is <br /> found to be invalid, shall not be affected thereby and shall remain in full force and effect. <br /> M. Parties. Every provision of this Conservation Easement that applies to Grantor or <br /> to Grantee or to Fund shall likewise apply to their respective executors, administrators, <br /> successors, and assigns. <br /> N. No Extinguishment through Meng The Parties agree that the doctrine of <br /> extinguishment by merger shall not apply to this Conservation Easement because of the public <br /> interest in its enforcement. The Parties agree that this Conservation Easement and its terms shall <br /> survive any coming together of the ownership of the fee interest in the Property and the <br /> Conservation Easement interest, and that this Conservation Easement shall not be merged into <br /> the fee interest. Further,the Parties agree that if Grantee, or any successor in interest to Grantee, <br /> acquires title to any fee interest in the Property subject to this Conservation Easement, (i) said <br /> owner shall observe and be bound by the obligations and the restrictions imposed upon the <br /> Property by this Conservation Easement and(ii)this Conservation Easement shall not be <br /> extinguished through the doctrine of merger in any way in view of the public interest in its <br /> enforcement. <br /> Q. Subsequent Liens. No provision of this Conservation Easement shall be construed <br /> as impairing the ability of Grantor to use the Property for collateral for borrowing purposes, <br /> provided that any mortgage or lien arising therefrom shall be subordinate to this Conservation <br /> Easement. <br /> P. Gender. The designations Grantor,Grantee, State, and Fund, as used herein shall <br /> include the persons or entities indicated and their administrators,successors, and assigns, and <br /> shall include the singular,plural,masculine, feminine, or neuter as the context may require. <br /> NCI,W F Property CE Template—rev.Oct 2023 <br /> 15 of 18 <br />