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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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6.13. Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to <br />the Agricultural Land Easement and supersedes all prior discussions, negotiations, <br />understandings or agreements relating to the Agricultural Land Easement. If any provision is <br />found to be invalid, the remainder of the provisions of this Agricultural Land Easement, and <br />the application of such provision to persons of circumstances other than those as to which it is <br />found to be invalid shall not be affected thereby. <br />6.14. Availability or Amount of Tax Benefits. Grantee and NCDA&CS, acting by and through the <br />NCADFP Trust Fund make no warranty, representation or other assurance regarding the <br />availability, amount or effect of any deduction, credit or other benefit to Grantor or anr <br />person or entity under United States or any state, local or other tax law to be derivedsl'ro he <br />donation of this Agricultural Land Easement or other transaction associated with the dbnation <br />of this Agricultural Land Easement. This donation is not conditioned upon the availability or <br />amount of any such deduction, credit or other benefit. Grantee and NCDA&CS ;make no <br />warranty, representation or other assurance regarding the value of this i9hufal Land <br />Easement or of the Protected Property. As to all of the foregoing, Gra [o r relying upon <br />Grantor's own legal counsel, accountant, financial advisor, appraise r oder consultant and <br />not upon Grantee or NCDA&CS or any legal counsel, account nt, yBy�aa tat advisor, appraiser <br />or other consultant of Grantee or NCDA&CS. In the event a 5udit or other inquiry of a <br />governmental authority into the effect of this donation upon the t xation or financial affairs <br />involving Grantor or Grantor's heirs, successors or asst other similar matter, then <br />Grantee and NCDA&CS shall be reimbursed and indet for any cost or expense of any <br />kind or nature whatsoever incurred by Grantee irvipwing or replying thereto. <br />6.15. Warranties and Representations of Grantor.ng this Agricultural Land Easement, <br />Grantor acknowledges, warrants and reprers$p rantee that: <br />(a) Grantor has had the oppo'represented by counsel of Grantor's choice and <br />fully understands that Grantor' ereby permanently relinquishing property rights which <br />would otherwise pe t p.rantor to have a fuller use and enjoyment of the Protected <br />Property. 1 <br />(b) There are no recorwied 8r unrecorded leases or other agreements for the production of <br />minerals or r jgyaJff timber from the Protected Property which would, if any of the <br />activities e tied under such lease or other agreement was undertaken by Grantor, <br />vio , 11E covenants or restrictions in this Agricultural Land Easement or otherwise <br />neIm81conservation Purpose. <br />TOI TO HOLD this Deed of Agricultural Land Easement unto Grantee and the <br />Uni fates and their successors and assigns, forever. <br />IN WITNESS, the Grantor and Grantee, intending to legally bind themselves, have set their hands <br />on the date first written above. <br />GRANTOR: <br />Daze: <br />Date: <br />F-7 Page 161 <br />
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