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E . Conservation Purpose . Grantor and Grantee , each for itself, and its respective
<br /> successors and assigns , agree that this Conservation Easement shall be held exclusively for
<br /> conservation purposes set forth by the Grant Contract , this Conservation Easement and as
<br /> specified in Section 170 ( h) (4) (A) of the Code . Further, this Conservation Easement shall be
<br /> construed to promote the purposes of the Act and such purposes of this Conservation Easement
<br /> as are defined in Section 170 (h) (4) (A) of the Code .
<br /> F . Recording . Grantee shall record this instrument and any amendment hereto in the
<br /> official records of Orange County , North Carolina , and may re -record it at any time as may be
<br /> required to preserve Grantee' s rights .
<br /> G . Notices . Any notices shall be sent by registered or certified mail , return receipt
<br /> requested , to the Parties at their addresses shown below, and each Party may update its
<br /> information by a notice sent in accordance with this Paragraph :
<br /> If to Grantee : If to Grantor :
<br /> State of North Carolina Orange County
<br /> NC Land and Water Fund PO Box 8181
<br /> 1651 Mail Service Center Hillsborough , NC 27278Raleigh, NC
<br /> 27699 - 1651
<br /> H . Amendments . Grantor and Grantee , or their successors in interest in the Property ,
<br /> are free to jointly amend this Conservation Easement, provided that no amendment will be
<br /> allowed that is inconsistent with the purposes of this Conservation Easement or affects the
<br /> perpetual duration of this Conservation Easement . Such amendments require the prior written
<br /> approval of both Grantor and Grantee and shall be effective upon recording in the public records
<br /> of Orange] County , North Carolina .
<br /> I . Environmental Condition of the Property , Grantor warrants , represents , and
<br /> covenants to Grantee that to the best of its knowledge after appropriate inquiry and investigation :
<br /> (a) the Property described herein is and at all times hereafter will continue to be in full
<br /> compliance with all federal , state, and local environmental laws and regulations, (b) as of the
<br /> date hereof, there are no hazardous materials, substances, wastes , or environmentally regulated
<br /> substances (including, without limitation , any materials containing asbestos) located on, in, or
<br /> under the Property or used in connection therewith, (c) that there are no environmental
<br /> conditions existing on the Property that may prohibit or impede use of the Property for the
<br /> purposes set forth herein, and (d) Grantor will not allow such conditions .
<br /> J . Indemnity . Grantor agrees to the fullest extent permitted by law, to protect ,
<br /> indemnify , and hold harmless Grantee from and against all claims , actions, liabilities , damages ,
<br /> fines, penalties , costs, expenses , and attorneys ' fees suffered or incurred as a direct or indirect
<br /> result of any violation of any federal, state, or local environmental or land use law or regulation
<br /> or of the use or presence of any hazardous substance, hazardous waste , or other regulated
<br /> material in , on, or under the Property .
<br /> NCLWF Property CE Template — rev. Oct 2023
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