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•i. <br />+;,x.2510 ~~ 60 <br />D. Nothing contained In this I,.ornervat[on F.asoment shall ba construed to entitle <br />Grantee to bring any action Against Grantor for any injury or ehsnge in the Property resulting <br />• from causes beyond the Grantor's control, including, without limitation, lire, Hood, storm, wu, ~ _ <br />acts of God or third parties, except Grantor's ]ossees or invitees; of from any prudent action <br />. taken to good faith by Grantor under emergency conditions to prevent, abate. or mitigate <br />significant injury to life, damage to property or harm to lho Property resulting from such causes. <br />E, it is agreed by the panics hcreta that the covenants, conditions, terms and <br />restrictions contained herein shall bo binding upon the parties, their successors and assigns and <br />shall continue as a servitude running in perpetuity with Qte Properly. <br />ARTICLE VII. <br />P.tiB1dS ACCE33 <br />The making and imposition of this Conservation )'xasement does cot convey to the public <br />rho right to eater the Property for any purpose whetsoaver. , ' <br />ARTICLE VIII. <br />~j( IBIT, DO~U,iNF,NTATION AND TITLE <br />A. j~,gal Descritaion, •x); hibit A identifying the Properly Es attached hereto and <br />made a part hereof by reference. <br />S. Com nix sates Stream end Wetland Mitigation Plap, lhentot acknowledgos that <br />the Compensatory Stream and Worland Mitigation Pian, Concord Mills Mall, Celsemea County, <br />Nottlt Carolina ("Piss") dated 3une 1498, a copy of which is on fi!e at the offices of tho Corps, <br />acettrately establishes the uses, and conscrvotiott values and condition of the Property to the date <br />hereof. <br />C. ~. Grantor Covenants and represents that Grantor is rho solo owner and is <br />seized of the Property in fee simple end has good right to make, declare and impose the aforesaid <br />Conservation F.ascmcnq that rho Property is free and clear of any and all enetunbrances, except <br />easements, leases, restrictions, rights of way, tf any, and government ngulat[ons of record or in <br />efi'ect by prescriptive right as of the date hereof. • <br />~~ <br />ARTICLE !X. <br />A. ;iubsealt~}t Transfers, Grantor, for Itself and its succeuors and assigns regarding <br />the Property,litrtlter declares that the matters set forth in this Conservation Easement shall run <br />with the land comprising the Property and be binding thereon, without the necessity to mako <br />specific reference to this Conservation P.asentent in a separate paragraph of any subsequent lease, <br />deed, or other legal instrument by whteh any inicrast in the Property is convoyed. <br />6 tuau.n <br />La:eN <br />•~ <br />Attachment number 1 <br />F-t 108 <br />