Orange County NC Website
BK 6875 PG 2100 DOC# 30116168 <br /> Easement may be terminated or modified accordingly through condemnation proceedings. <br /> Grantors and Grantee agree that this Conservation Easement is a currently vested real property <br /> right with a value equal to the proportionate value of the Conservation Easement to the <br /> unencumbered value of the fee, as of the date of this Conservation Easement. If the <br /> Conservation Easement is terminated or modified and any or all of the Grantor' s Property is sold <br /> or taken for public use, then, as required by Section 1 . 1 70A- I 4(g)(6) of the IRS regulations, the <br /> Grantee shall be entitled to the proportionate value of the Conservation Easement . <br /> If, however, after the condemnation or eminent domain proceedings, a court of <br /> jurisdiction does not include in the just compensation awarded as a result of the taking, the <br /> amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br /> any proceeds awarded . <br /> All condemnation related expenses , including reasonable attorney fees , incurred by the <br /> Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br /> net proceeds as described herein. <br /> 13 . INTERPRETATION. This Conservation Easement shall be interpreted under <br /> the laws of North Carolina, resolving any ambiguities and questions of the validity of specific <br /> provisions as to give maximum effect to its conservation purposes . <br /> 14. INDEMNIFICATION AND INSURANCE . Grantors agree to indemnify and <br /> hold Grantees harmless from any and all costs, claims or liability, including but not limited to <br /> reasonable attorneys' fees arising from any personal injury, accidents , negligence or damage <br /> relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its <br /> agents, in which case liability shall be as provided by law. In addition, Grantors agree to <br /> maintain liability insurance covering the Property with the limits as follows : (i) $ 300,000 per <br /> person for personal injury or death, up to $ 300,000 per occurrence ; and (ii) $ 300, 000 per <br /> occurrence for property damages and warrant that Grantee is and will remain a named insured on <br /> Grantors ' Property insurance policies covering the Property . Grantors shall provide Grantee <br /> with a certificate of insurance coverage on the effective date of this Conservation Easement and <br /> within 10 days of each insurance renewal date. <br /> 15 . TITLE . The Grantors warrant that they hold fee simple title to the Property, free <br /> from all encumbrances , except for those exceptions deemed by the Grantee as acceptable and set <br /> further in Exhibit C to this Conservation Easement, and hereby promise to defend the same <br /> against all claims that may be made against it. <br /> 16 . NOTICES . Any notices required by this Conservation Easement shall be in <br /> writing and shall be personally delivered or sent by first class mail , to Grantors and Grantee, <br /> respectively, at the following addresses, unless a party has been notified by the other of a change <br /> of address . <br /> To Grantors : To the Grantee . <br /> Page 13 of 26 <br /> Book 6875 <br />