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D. Nothing contained in this Conservation Easement shall be construed to entitle <br />Grantee to bring any action against Grantor for any injury or change in the Property resulting <br />from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, <br />acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action <br />taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate <br />significant injury to life, damage to property or harm to the Property resulting from such causes. <br /> <br /> E. It is agreed by the parties hereto that the covenants, conditions, terms and <br />restrictions contained herein shall be binding upon the parties, their successors and assigns and <br />shall continue as a servitude running in perpetuity with the Property. <br /> <br />ARTICLE VII. <br />PUBLIC ACCESS <br /> <br /> The making and imposition of this Conservation Easement does not convey to the public <br />the fight to enter the Property for any purpose whatsoever. <br /> <br /> ARTICLE VIII. <br />EXHIBIT, DOCUMENTATION AND TITLE <br /> <br /> A. Legal Description. Exhibit A identifying the Property is attached hereto and <br />made a part hereof by reference. <br /> <br /> B. Compensatory Stream and Wetland Mitigation Plan. Grantor acknowledges that <br />the Compensatory Stream and Wetland Mitigation Plan, Concord Mills Mall, Cabarrus County, <br />North Carolina ("Plan") dated June 1998, a copy of which is on file at the offices of the Corps, <br />accurately establishes the uses, and conservation values and condition of the Property as the date <br />hereof. <br /> <br /> C. Title.. Grantor covenants and represents that Grantor is the sole owner and is <br />seized of the Property in fee simple and has good right to make, declare and impose the aforesaid <br />Conservation Easement; that the Property is free and clear of any and all encumbrances, except <br />easements, leases, restrictions, rights of way, if any, and govemment regulations of record or in <br />effect by prescriptive right as of the date hereof. <br /> <br />ARTICLE IX. <br />MISCELLANEOUS <br /> <br /> A. Subsequent Transfers. Grantor, for itself and its successors and assigns regarding <br />the Property, further declares that the matters set forth in this Conservation Easement shall mn <br />with the land comprising the Property and be binding thereon, without the necessity to make <br />specific reference to this Conservation Easement in a separate paragraph of any subsequent lease, <br />deed, or other legal instrument by which any interest in the Property is conveyed. <br /> <br />6 <br /> <br />1659265.01 <br /> LIB: CH <br /> <br /> <br />