Orange County NC Website
Browse       Search
19 <br /> 19. PARTIES. Every provision of this Conservation Easement that applies to the <br /> Grantors or Grantee shall also apply to their respective heirs, executors, administrators, assigns, <br /> and all other successors as their interest may appear. This Conservation Easement shall not be <br /> construed to benefit or to create any rights in any third parties, including but not limited to the <br /> general public, except as expressly provided herein. <br /> 20. RE-RECORDING. In order to ensure the perpetual enforceability of the <br /> Conservation Easement, the Grantee is authorized to re-record this instrument or any other <br /> appropriate notice or instrument. <br /> 21. MERGER. The parties agree that the terms of this Conservation Easement shall <br /> survive any merger of the fee and easement interest in the Property. <br /> 22. SUBSEQUENT LIENS ON THE PROPERTY. No provisions of this <br /> Conservation Easement should be construed as impairing the ability of Grantors to use the <br /> Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from <br /> such a borrowing is made subordinate to this Conservation Easement. <br /> 23. EXHIBITS AND DOCUMENTATION. <br /> (a) Documentation Report. The parties acknowledge that the Baseline <br /> Documentation Report dated , a copy of which is on file at the offices of the <br /> Grantee, accurately establishes the uses, structures, conservation values and condition of the <br /> protected Property as of the date hereof. See summary attached as Exhibit B. <br /> 24. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the <br /> parties with respect to the Conservation Easement and supersedes all prior discussions, <br /> negotiations, understandings or agreements relating to the Conservation Easement. If any <br /> provision is found to be invalid, the remainder of the provisions of this Conservation Easement, <br /> and the application of such provision to persons or circumstances other than those as to which it <br /> is found to be invalid, shall not be affected thereby. <br /> 25. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the <br /> Grantee and the signature of its authorized representative affixed hereto, the Grantee hereby <br /> accepts without reservation the rights and responsibilities conveyed by this Conservation <br /> Easement. This Conservation Easement is to be effective the date recorded in the Orange <br /> County Registry of Deeds. <br /> 26. ATTORNEY'S FEES. In connection with any litigation arising out of this <br /> Contract, the prevailing party shall be entitled to recover from the other party all costs incurred <br /> by it, including reasonable attorneys' fees, which shall include fees on appeal. <br /> Page 13 of 17 <br />