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(4) The establishment of the NCADFP Trust Fund established in 2005 (N.C.G.S. 106-744 (c )) to preserve <br />important farmland in North Carolina; and <br />(5) The special use assessment of farm and forest land as set forth in North Carolina General Statute 105-277.2 et <br />seq. <br />WHEREAS, Grantor and Grantee have the common purpose of protecting the above described Conservation <br />Values and current condition of the Protected Property and preventing conversion of the Protected Property to non- <br />agricultural uses and Grantor agrees to create and implement a conservation plan (hereinafter the "Conservation Plan") <br />that is developed utilizing the standards and specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12, <br />and is approved by the Grantee <br />WHEREAS, the Grantee is a body politic existing under Chapter 153A ofthe North Carolina General Statutes, <br />and is qualified to hold Easements under the applicable laws of the State of North Carolina and is a qualified organization <br />under I.R.C. section 170(h). Further, the Grantee is eligible to receive NCADFP Trust fund monies pursuant to Article 61 <br />of Chapter 106 of the North Carolina General Statutes. <br />NOW, THEREFORE, for Dollars ($ ) and for the reasons given and other <br />good and valuable consideration and in consideration of their mutual covenants, terms, conditions and restrictions <br />contained herein, the Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily <br />accepts, a perpetual Conservation Easement in the Protected Property, which Easement is an immediately vested interest <br />in real property of the nature and character described herein. Grantor promises that he will not perform, nor knowingly <br />allow others to perform, any act on or affecting the Protected Property that is inconsistent with the covenants contained <br />herein. Grantor authorizes the Grantee to enforce these Covenants in the manner described below. <br />ARTICLE L GENERAL <br />1.1. Statement of Purpose. It is the primary purpose of this Agricultural Conservation Easement to enable the Protected <br />Property to remain in agricultural use by preserving and protecting its green space, wildlife, silvicultural and <br />agricultural soils and agricultural and silvicultural viability and productivity by limiting nonagricultural uses of the <br />Protected Property. No activity that would significantly impair the actual or potential agricultural use of the <br />Protected Property, or that is otherwise inconsistent with the purposes of this Conservation Easement shall be <br />permitted. To the extent that the preservation and protection of the natural, historic, recreational, habitat or scenic <br />values referenced in this Easement are consistent with the primary purposes stated above, it is within the purpose <br />of this Easement to also protect those values, and no activity that would significantly impair those values shall be <br />permitted. <br />1.2. Perpetual Duration. This Conservation Easement over the Protected Property as further described in Exhibit A. <br />shall be perpetual. It is an easement in gross, runs with the land and is enforceable by Grantee against Grantor as <br />provided herein, and against Grantor's representatives, successors, assigns, leases, agents and licensees. <br />1.3. Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement, the parties <br />agree that all development rights appurtenant to the Protected Property are hereby released, terminated and <br />extinguished, and may not be used on or transferred to any portion of the Protected Property as it now or hereafter <br />may be bounded or described, or used or transferred to any other property adjacent or otherwise, nor used for the <br />Attachment number 2\n <br />F-10 Page 237 <br />