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9 <br /> (the "BDR"), which was required under the Grant Contract and is on file and available for public <br /> inspection in the offices of ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER <br /> VALLY, INC.,ORANGE COUNTY,] and Fund. The Parties acknowledge that the SDR is the <br /> appropriate basis for monitoring compliance with the objectives of preserving the Conservation <br /> Values and that it is not intended to preclude the use of other evidence(e.g. surveys, appraisals) <br /> to establish the condition of the Property at the time of the execution of this Conservation <br /> Easement if there is a controversy over such condition. <br /> NOW,THEREFORE, in consideration of the premises and the mutual benefits recited <br /> herein,together with other good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged by the Parties, Grantor hereby unconditionally and irrevocably gives, <br /> grants, and conveys forever and in perpetuity to Grantee, its successors and assigns,and Grantee <br /> hereby accepts,this Conservation Easement of the nature and character and to the extent <br /> hereinafter set forth in, on,over,under, through, above,and across the Property,together with <br /> the right and easement to preserve and protect the Conservation Values. <br /> The purpose of this Conservation Easement is to protect and preserve the Conservation <br /> Values as outlined above in Section E of the Recitals including the conservation purposes and it <br /> shall be so held, maintained, and used therefor. Grantor hereby conveys to Grantee all <br /> development rights that are now or hereafter allocated to,or are implied or inherent in,the <br /> Property, and the Parties agree that such rights are terminated and extinguished, and may not be <br /> used on or transmitted to any other property. It is the further purpose of this Conservation <br /> Easement to prevent any use of the Property that will impair or interfere with the preservation of <br /> the Conservation Values. Grantor intends that this Conservation Easement will restrict the use of <br /> the Property to such activities as are consistent with the Conservation Values. <br /> ARTICLE 1. DURATION OF EASEMENT <br /> This Conservation Easement shall be perpetual.It is an easement in gross,runs with the <br /> land,and is enforceable by Grantee, its successors and assigns, against Grantor,its representatives, <br /> successors, assigns,lessees,agents, and licensees. <br /> ARTICLE II. RIGHTS RESERVED TO GRANTOR <br /> Grantor reserves the right accruing from the fee simple ownership of the Property to <br /> engage in or permit others to engage in the uses of the Property that are not inconsistent with this <br /> Conservation Easement or the Conservation Values. All rights reserved by Grantor are reserved <br /> for Grantor and its successors and assigns. The specific reserved rights listed below in this <br /> Article II are considered to be consistent with this Conservation Easement and the Conservation <br /> Values. Grantor shall continue to own and may use the Property in any lawful manner that is <br /> consistent with this Conservation Easement and the Conservation Values. The Parties <br /> acknowledge and agree that they have no right to agree to any activity that would result in the <br /> NC LW F Property CE Template—rev.Oct 2023 <br /> 4of18 <br />