AG 2012 10 15 - Laserfiche WebLink

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7. Grantor shall in all other respects remain the fee owner of the Properties and areas subject to the Easements, and may make all lawful uses of Properties not inconsistent with this Agreement and the Easements. 8. Grantee neither waives nor forfeits the right to act to ensure compliance with the terms, conditions and purposes of these Easements and Agreement by a prior failure to act. 9. Grantor agrees: a. That a reference to the deed book and page number of this document in a form substantially similar to the following statement in at least a 12 point bold face font on the first page of the document: "Notice: These properties are subject to a Stormwater Best Management Practice (BMP) Structure, Access Easement and Maintenance Agreement enforced by the City of Concord and State of North Carolina recorded in the Cabarrus County Registry at DB PG " shall be inserted by Grantor in any subsequent deed or other legal instrument by which the Grantor may be divested of either the fee simple title to or possessory interests in the subject Properties. The designation Grantor and Grantee shall include the parties, their heirs, successors and assigns; and b. That the following statement shall be inserted in any deed or other document of conveyance: "Title to the properties hereinabove described are subject to the following exceptions: That certain Stormwater Best Management Practice (BMP) Structure, Access Easement and Maintenance Agreement dated , 2012 with and for the benefit of the City of Concord, recorded in Book Page in the Cabarrus County Registry, North Carolina, creating obligations of payment and performance on the part of the Grantor(s) which the grantee hereby assumes and agrees to perform and pay as part of the consideration of this conveyance (and except further that this conveyance is made subject to any and all enforceable restrictions and easements of record (if applicable))." In the event that such conveyance is other than by deed, the above terms of "grantor /grantee" may be substituted by equivalent terms such as "landlord /tenant." TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted to the Grantee, its successors and assigns forever and Grantor does covenant that Grantor is seized of said premises in fee and has the right to convey the same, that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the same against claims of all persons whosoever. Title to the Properties hereinabove described is subject to all enforceable deeds of trust, liens, easements, covenants and restrictions of record. The covenants agreed hereto and the conditions imposed herein shall be binding upon Grantor and its agents, personal representatives, heirs and assigns and all other successors in interest to Grantor and shall continue as a servitude running in perpetuity with the above - described land. 4 Attachment number 1 F -4 Page 66