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BK 6866 PG 704 DOC# 30111878 <br /> I& SEVERABILITY. If any provision of this Conservation Easement is found to be <br /> invalid, the remaining provisions shall not be altered thereby. <br /> 19. PARTIES. Every provision of this Conservation Easement that applies to the <br /> Grantor or Grantee shall also apply to their respective heirs,executors, administrators,assigns, and <br /> all other successors as their interest may appear. This Conservation Easement shall not be construed <br /> to benefit or to create any rights in any third parties,including but not limited to the general public, <br /> 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 Grantor to use the Property as <br /> collateral for subsequent borrowing, provided that any mortgage or lien arising from such a <br /> borrowing is made subordinate to this Conservation Easement. <br /> 23. EXHIBITS AND DOCUMENTATION. <br /> (a) Documentation Report. The parties acknowledge that the Baseline Documentation <br /> Report dated December 27,2024,a copy of which is on file at the offices of the Grantee,accurately <br /> establishes the uses,structures,conservation values and condition of the protected Property as of the <br /> 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,negotiations, <br /> understandings or agreements relating to the Conservation Easement. If any provision is found to be <br /> invalid,the remainder of the provisions of this Conservation Easement, and the application of such <br /> provision to persons or circumstances other than those as to which it is found to be invalid, shall not <br /> 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 accepts <br /> without reservation the rights and responsibilities conveyed by this Conservation Easement. This <br /> Conservation Easement is to be effective the date recorded in the Orange County Registry of Deeds. <br /> 26. ATTORNEY'S FEES. In connection with any litigation arising out of this Contract, <br /> the prevailing party shall be entitled to recover from the other party all costs incurred by it,including <br /> reasonable attorneys' fees, which shall include fees on appeal. <br /> Page 13 of 17 <br />