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<br />NCLWF Property CE Template – rev. Oct 2023 <br />11 of 18 <br /> <br /> <br /> <br /> Grantor covenants, represents, and warrants (i) that Grantor is the sole owner and is seized <br />of the Property in fee simple and has good right to grant and convey this Conservation Easement, <br />(ii) that there is legal access to the Property, (iii) that the Property is free and clear of any and all <br />encumbrances, except those permitted exceptions outlined below, none of which would nullify, <br />impair, or limit in any way the terms or effect of this Conservation Easement, (iv) that Grantor <br />shall defend its title and Grantee’s title against the claims of all persons whomsoever, and (v) that <br />Grantee, its successors and assigns, shall have the right to monitor and defend the terms of this <br />Conservation Easement. The following are permitted exceptions to the above covenants, <br />representations, and warranties: <br /> <br />1. Taxes for the year 2026, and subsequent years, not yet due and payable. <br /> <br />2. Matters shown on that certain Final Exempt Plat Boundary and Easement Survey Property of <br />Albert T. Kittrell and Estate of Wilbert McAdoo, Jr. recorded Plat Book ___ at Page ___ including <br />the following located on the Land: <br />a) 80' stream buffer; <br />b) Floodway AE; <br />c) Flood Zone AE; <br />d) Rocky Run Creek; <br />e) permanent and temporary drainage easements (DB 6801, Pg 192); <br />f) a 5' wire fence that may be an encroachment; <br />g) a well; and <br />h) a right of way for Dimmocks Mill Road <br /> <br />3. Matters shown on recorded Plat Book 98 at Page 192 and Book 78 at Page 32. <br /> <br />4. Matters shown on recorded Department of Transportation Plat Book 2 at Page 79. <br /> <br />5. Right of Way Reservation for a roadway as described in Book 81, Page 259. <br /> <br />6. Right of Way Easement to Piedmont Electric Membership Corporation recorded in Book 111, <br />Page 110. <br /> <br />7. Right of Way to the State Highway and Public Works Commission recorded in Book 166, Page <br />6. <br /> <br />8. Right of Way to Morris Telephone Company recorded in Book 180, Page 447. <br /> <br />9. Right of Way to the State Highway Commission recorded in Book 216, Page 437. <br /> <br />10. Easement to the University of North Carolina recorded in Book 144, Page 607. <br /> <br /> <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E