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11. In anticipation of condemnation. WSACC commissioned an appraisal report that <br />opined just compensation for the Property was Twenty Eight Thousand Dollars and 00/100 <br />($28,000.00). <br />12. The parties to this Agreement, desiring to avoid the cost and expense of further <br />litigation, and without admitting any liability or wrongdoing of any kind, have now reached a <br />compromise and settlement of their disputes and desire to memorialize the terms of their <br />compromise and settlement in this writing as set forth below. <br />STATEMENT OF AGREEMENT <br />NOW, THEREFORE, in consideration of the promises and covenants contained herein, <br />the parties agree as follows: <br />1. Recitals: The recitals set forth above are incorporated herein as if fully set out. <br />2. Purchase and Sale of the Property: In lieu of condemnation. WSACC agrees to <br />purchase from the Heirs, and the Heirs agree to sell to WSACC fee simple title to the property <br />within the Existing Leased Area, and a non-exclusive, permanent easement over and across the <br />Proposed Buffer Area. The LandTrst consents to the Heirs selling to WSACC fee simple title <br />to the property within the Existing Leased Area, and a non-exclusive, permanent easement over <br />and across the Proposed Buffer Area. As of the Closing Date (as defined below), the <br />Conservation Easement shall be extinguished with respect to the Existing Leased Area, but shall <br />remain in place with respect to the Proposed Buffer Area. <br />3. Payment of Compensation and Partial Termination of Conservation Easement: <br />WSACC agrees to pay to the Heirs and the Heirs agree to accept, the total sum of TWENTY <br />EIGHT THOUSAND DOLLARS AND 00/100 ($28,000.00) as full and final payment for the <br />Existing Leased Area and the Proposed Buffer Area (the "Compensation"). Said Compensation <br />shall be paid in good funds upon execution, receipt and recording of (i) a General Warranty Deed <br />9 738 v.1 3 <br />F-3 Page 293 <br />