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AG 2017 12 18
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AG 2017 12 18
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Last modified
3/20/2019 6:11:04 PM
Creation date
3/20/2019 5:20:10 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
12/18/2017
Board
Board of Commissioners
Meeting Type
Regular
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6.12. Entire Agreement. This instrument sets forth the entire agreement ofthe parties with respect to the Easement and <br />supersedes all prior discussions, negotiations, understandings or agreements relating to the Easement. If any <br />provision is found to be invalid, the remainder of the provisions of this Easement, and the application of such <br />provision to persons of circumstances other than those as to which it is found to be invalid, shall not be affected <br />thereby. <br />6.13. Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through NCADFP Trust Fund make <br />no warranty, representation or other assurance regarding the availability, amount or effect of any deduction, credit or <br />other benefit to Grantor or any other person or entity under United States or any state, local or other tax law to be <br />derived from the donation of this Easement or other transaction associated with the donation of this Easement. This <br />donation is not conditioned upon the availability or amount of any such deduction, credit or other benefit. Grantee <br />and NCDA&CS make no warranty, representation or other assurance regarding the value of this Easement or of the <br />Protected Property. As to all of the foregoing, Grantor is relying upon Grantor's own legal counsel, accountant, <br />financial advisor, appraiser or other consultant and not upon Grantee or NCDA&CS or any legal counsel, <br />accountant, financial advisor, appraiser or other consultant of Grantee or NCDA&CS. In the event of any auditor <br />other inquiry of a governmental authority into the effect of this donation upon the taxation or financial affairs <br />involving Grantor or Grantor's heirs, successors or assigns or other similar matter then Grantee and NCDA&CS <br />shall be reimbursed and indemnified for any cost or expense of any kind or nature whatsoever incurred by Grantee <br />in responding or replying thereto. <br />6.14. Warranties and Representations of Owner. By signing this Easement, Grantor acknowledges, warrants and <br />represents to Grantee that: <br />(a) Grantor has had the opportunity to be represented by counsel of Grantor's and fully understands that Grantor is <br />hereby permanently relinquishing property rights which would otherwise permit Grantor to have a fuller use and <br />enjoyment of the Protected Property. <br />(b) There are no recorded or unrecorded leases or other agreements for the production of minerals or removal of <br />timber from the Protected Property which would, if any of the activities permitted under such lease or other <br />agreement was undertaken by Grantor, violate the covenants or restrictions in this Easement or otherwise defeat <br />the conservation Purpose. <br />TO HAVE AND TO HOLD this Deed of Conservation Easement unto Grantee, their successors and assigns, forever. <br />IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands on the date <br />first written above. <br />GRANTOR: <br />By: By: <br />Printed Name Printed Name <br />Date: <br />13 <br />Attachment number 2 \n <br />F-10 Page 247 <br />
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