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J. Document Under Seal. The Parties hereto intend this document to be an instrument executed under seal. If any party is an individual, partnership, or limited liability company such party hereby adopts the word "SEAL" following his /her signature and the name of the partnership or limited liability company as his /her /its legal seal. K. Interpretation. This Stormwater Easement shall be construed and interpreted under the laws of the State, and any ambiguities herein shall be resolved so as to give maximum effect to the purposes of this Stormwater Easement as stated herein. Further, this Stormwater Easement shall be construed to promote the purposes of the Conservation Agreements Act, which authorizes the creation of conservation agreements for purposes including those set forth herein, such conservation purposes as are defined in Section 170(h) (4) (A) of the Code and set forth in NCGS Chapter 113A, Article 18. If any provision of this Stormwater Easement is found to be invalid, the remainder of the provisions of this Stormwater Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. L. Parties. Every provision of this Stormwater Easement that applies to the Grantors or to the Grantee shall likewise apply to their respective heirs, executors, administrators, successors and assigns. M. No Extinguishment through Merger. The Parties agree that the terms of this Stormwater Easement shall survive any merger of the fee and easement interest in the Property and Easement Area. Further, the Parties agree that should Grantee, or any successor in interest to Grantee, acquire title to all or a portion of the fee interest in the Property subject to this Stormwater Easement, (i) said owner shall observe and be bound by the obligations and the restrictions imposed upon the Property by this Stormwater Easement, and (ii) this Stormwater Easement shall not be extinguished through the doctrine of merger in whole or in part in view of the public interest in its enforcement. N. Subsequent Liens. No provisions of this Stormwater Easement shall be construed as impairing the ability of Grantors to use the Easement Area for collateral for borrowing purposes, provided that any mortgage or lien arising there from shall be subordinated to this Stormwater Easement. O. Gender. The designations Grantor, Grantee, State and Fund, as used herein shall include the Parties, their heirs, administrators, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as the context may require. P. Restrictions Considered Cumulative. The prohibitions and restrictions in this Stormwater Easement shall be considered cumulative and any prohibition and restriction which is interpreted to be more specific or more restrictive than another prohibition or restriction shall not serve as a limitation on the meaning, interpretation or enforceability of the less specific or restrictive provision. CWMTF Stormwater Easement Template, rev 0 8 3/9/2010 Attachment number 1 F -8 Page 79