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transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Stormwater Easement herein created. C. Transfer of Easement. The Grantee shall have the right to transfer this Stormwater Easement to a "qualified conservation organization" under Section 170(h) of the US Internal Revenue Code, only (1) if the agency or organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed and (2) said transfer is approved by the State of North Carolina (acting through the Clean Water Management Trust Fund). If the Grantee ever ceases to exist or no longer qualifies under Section 170 (h) or applicable state law, a court with jurisdiction shall transfer this easement to the State of North Carolina (acting through Clean Water Management Trust Fund) or another qualified organization having similar purposes that agrees to assume the responsibility. D. Notices. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. E. Existing Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Stormwater Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Grantor as owner of the Property which includes the Easement Area. F. Public Access. Unless otherwise specifically set forth in this Stormwater Easement, nothing herein shall convey to or establish for the public a right of access over the Easement Area. G. Recording. Grantee shall record this instrument and any amendment hereto in timely fashion in the official records of Cabarrus County, North Carolina, and may re- record it at any time as may be required to preserve Grantee's and Grantor's rights. H. Amendments. Grantor and Grantee, or their successors in interest in the Easement Area, are free to jointly amend this Stormwater Easement to meet changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes of this Stormwater Easement or affects the perpetual duration of this Stormwater Easement. Such amendment(s) require the written consent of both Grantor and Grantee and shall be effective upon recording in the public records of Cabarrus County, North Carolina. The Parties acknowledge that they shall have no right to agree to any activity that would result in the termination of this Stormwater Easement. L Entire Agreement. The Recitals set forth above and the exhibits attached hereto are incorporated herein by reference. This instrument, including the stormwater work set forth in the Grant Agreement that is incorporated herein by reference, sets forth the entire agreement of the Parties with respect to this Stormwater Easement and the Stormwater Project, and supersedes all prior discussions, negotiations, understandings or agreements relating to the Stormwater Project. CWMTF Stormwater Easement Template, rev 0 7 3/9/2010 Attachment number 1 F -8 Page 78