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<br />NCLWF Property CE Template – rev. Oct 2023 <br />13 of 18 <br /> <br /> <br />Property is conveyed. The Property owner shall not convey the Property or any interest or license <br />therein, and shall not incur, assume, or suffer to exist any lien, upon or with respect to the Property, <br />without disclosing to the prospective transferee the Conservation Easement, the obligations of the <br />Property owner, and the limitations on use of the Property. No interest or license in the Property <br />shall be transferred except in writing in accordance with the above. Nothing in this Paragraph <br />abrogates or limits Paragraph J of Article III hereof. <br /> <br /> C. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize <br />and agree that the benefits of this Conservation Easement are in gross and assignable with any <br />such assignee having all the rights and remedies of Grantee hereunder. The Parties hereby <br />covenant and agree, that in the event this Conservation Easement is transferred or assigned, the <br />transferee or assignee of the Conservation Easement will be a qualified organization as that term <br />is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (the “Code”), as amended, <br />or any successor section, and the regulations promulgated thereunder that is organized or <br />operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the <br />Code, a qualified holder as that term is defined in the Act or any successor statute, and a <br />qualified grant recipient pursuant to N.C.G.S. Chapter 143B, Article 2, Part 41. The Parties <br />further covenant and agree that the terms of the transfer or the assignment will be such that the <br />transferee or assignee will be required to continue to carry out in perpetuity the purpose(s) of the <br />Conservation Easement that the contribution was originally intended to advance as set forth <br />herein, but acknowledge specifically that any transfer or assignment of the Conservation <br />Easement shall have no effect on Association for the Preservation of the Eno River Valley, Inc., <br />d.b.a. Eno River Association’s obligation to provide stewardship of the Conservation Easement <br />as set forth in this Article VI. <br /> <br /> D. Existing Responsibilities of Grantor and Grantee Not Affected. Other than as <br />specified herein, this Conservation Easement is not intended to impose any legal or other <br />responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of <br />the Property. Among other things, this shall apply to: <br /> <br />1. Taxes. Grantor shall continue to be solely responsible for payment of all <br />taxes and assessments levied against the Property. If Grantee is ever <br />required to pay any taxes or assessments on its interest in the Property, <br />Grantor shall reimburse Grantee for the same. <br /> <br />2. Upkeep and Maintenance. Grantor shall continue to be solely responsible <br />for the upkeep and maintenance of the Property to the extent it may be <br />required by law. Grantee shall have no obligation for the upkeep or <br />maintenance of the Property. <br /> <br />3. Liability and Indemnification. If Grantee is ever required by a court to pay <br />damages resulting from personal injury or property damage that occurs on <br />the Property, Grantor shall indemnify and reimburse Grantee for these <br />payments, as well as reasonable attorneys’ fees and other expenses of <br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E