1NORTH CAROLINA COUNTY WORKING FOREST CONSERVATION EASEMENT This Grant of Conservation Easement (hereinafter "Conservation Easement") is made this the
day of , 20 by (landowners) , whose address is(Street, City, State) (hereinafter "Grantor") and CONSERVATION TRUST FOR
NORTH CAROLINA, a North Carolina nonprofit corporation, with an address of Post Office
Box , , NC (hereinafter collectively called "Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter
pronouns as required by context. RECITALS A.The Grantor is the sole owner in fee simple of the property ("Property"), legally described
in Exhibit A, attached hereto and incorporated by this reference, which consists of
approximately acres located in County, North Carolina.B.The Grantee is a nonprofit corporation, operated primarily for conservation purposes,
including protection of environmentally valuable and sensitive land for charitable, scientific,
educational, and aesthetic purposes. The Grantee is a tax exempt public charity under Section
501(c)(3) and 509 (a)(2) of the Internal Revenue Code, is authorized by the laws of the State of North Carolina to accept, hold and administer interests in land including conservation easements,
is willing to accept this Conservation Easement under the terms and conditions hereinafter
described, and is a "qualified organization" and "eligible donee" within the meaning of Section
170(h)(3) of the Internal Revenue Code and regulations promulgated thereunder.C.The principal objectives of this Grant are to establish and maintain productive forestry
resources on the Protected Property and, in consideration of the contribution timber products
make to the economy and communities of the region and the State, to encourage the long-term,
professional management of those resources, and to facilitate the economically and ecologically
sustainable production of forest resources in a manner that minimizes negative impact and the
duration of impact on water quality, unique plant communities, wildlife habitat, and other
conservation values.D. The Property is a significant natural area that qualifies in its present condition as a "...
relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used
in P.L. 96-541, 26 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated
thereunder. Specifically the Property is habitat for wild turkey, beaver, deer, and other wildlife. (1) The property has significant forested acreage in the River Basin; (2) the qualification of the Property for the special use ad valorem property tax
assessment for lands used for silvicultural, agricultural or horticultural purposes, set forth
in N.C. Gen. Stat. 105.277.3 et. seq.;
2(3) Article XIV Section 5 of the Constitution of the State of North Carolina which states
“It shall be the policy of the State to conserve and protect its lands and waters for the
benefit of all its citizenry, and to this end it shall be a property function of the State of
North Carolina and its political subdivisions to acquire and preserve park, recreational,
and scenic areas, to control and limit the pollution of our air and water, to control
excessive noise, and in every other appropriate way to preserve as a part of the common
heritage of this state its forests, wetlands, estuaries, beaches, historical sites, openlands,
and places of beauty;”(4) the Clean Water Management Trust Fund, N.C.G.S. 113-145.1 et seq., which
recognizes the importance of protecting riparian buffers in protecting and conserving
clean surface water;(5) the special North Carolina Conservation Tax Credit Program that encourages
contributions of land that provides habitat for fish and wildlife and other similar land
conservation purposes set forth in N.C.G.S. 105-130.34 and 105-151.12 et seq;(6) North Carolina General Statute 139-2 et seq. Which provides that “it is hereby
declared …that the farm, forest and grazing lands of the State of North Carolina are
among the basic assets of the State and the preservation of these lands is necessary to
protect and promote the health, safety and general welfare of its people… it is hereby
declared to be the policy of the legislature to provide for the conservation of the soil and
resources of this State;”(7) North Carolina General Statute 106-583 et seq. Which states that “It is declared to be
the policy of the State of North Carolina to promote the efficient production and
utilization of the products of the soil as essential to the health and welfare of our people
and to promote a sound and prosperous agriculture and rural life as indispensable to the
maintenance of maximum prosperity.”E. The characteristics of the Property, its current use and state of improvement, will be
described in a report entitled Baseline Report to be prepared by Grantee for the Grantor. The
Grantor will work with the Grantee to ensure that the report is a complete and accurate
description of the Property as of the date of this Conservation Easement. The Baseline Report
will be used by the Grantors and Grantee to identify any future changes in the use of the Property
and assure that those uses remain consistent with the terms of this Conservation Easement.
However, the Baseline Report is not intended to preclude the use of other evidence to establish
the present condition of the Property if there is a controversy over its use.F. The Grantor and Grantee have the common purpose of conserving the above-described
conservation values of the Property in perpetuity, and the State of North Carolina has authorized
the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation
and Historic Preservation Agreements Act, N.C.G.S. 121-34 et seq., and G.S. 160A-266 to 279,
which provide for the enforceability of restrictions, easements, covenants or conditions
"appropriate to retaining land or water areas predominantly in their natural, scenic or open
condition or in agricultural, horticultural, farming, or forest uses," and which provides for tax
assessment of lands subject to such agreements "on the basis of the true value of the land and
improvements less any reduction in value caused by the agreement"; and the Grantor and
Grantee wish to avail themselves of the provisions of that law. NOW, THEREFORE , the Grantor, for and consideration of the facts recited above and
of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute
3and unconditional gift, hereby gives, grants and conveys unto the Grantee, its successors and
assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation
Easement over the Property of the nature and character as follows: 1.PURPOSES. The purposes of this Conservation Easement are to ensure that the
Property will be retained forever predominantly in its natural, scenic, forested, and/or open space
condition; to protect native plants, animals, plant communities, and water quality on the
Property, while allowing traditional uses of the property that are compatible with and not
destructive of the conservation values of the property such as limited residential construction,
timber harvesting, grazing and farming of existing pastures and fields, hunting, and other similar
recreational use; and to prevent any use of the Property that will significantly impair or interfere
with conservation values or interests of the Property. The purpose is also to allow long-term
responsible management of forest resources in a manner that does not compromise water quality,
wildlife habitat, or unique plant communities.Grantor will not perform, nor knowingly allow others to perform, any act on or affecting
the Property that is inconsistent with the purposes of this Conservation Easement. However,
unless otherwise specified below, nothing in this Conservation Easement shall require the
Grantor to take any action to restore the condition of the Property after any act of God or other
event over which Grantor had no control. Grantor understands that nothing in this Conservation
Easement relieves them of any obligation or restriction on the use of the Property imposed by
law.2. PROPERTY USES. Any activity on, or use of the Property inconsistent with the
purposes of this Conservation Easement is prohibited. The Property shall be maintained in its
natural, scenic and open condition and restricted from any development that would significantly
impair or interfere with the conservation values of the Property. Without limiting the generality
of the foregoing, the following is a listing of activities and uses which are expressly prohibited or
which are expressly allowed. Grantor and Grantee have determined that the allowed activities do
not impair the conservation values of the Property. Additional retained rights of Grantor are set
forth in Paragraph 3 below. 2.1Subdivision. The Property may not be divided, subdivided or partitioned, nor
conveyed except in its current configuration as an entity.
2.2 Construction. There exist on the property two (2) houses which are identified on
the map attached hereto and labeled as “Exhibit B”. Grantor shall have the right
to reconstruct, maintain, or replace the existing houses and agricultural outbuildings on the property. Grantor also retains the right to build one additional
house together with appurtenant structures. Grantor may construct driveways,
utilities and a well to serve the new building. The new construction shall be sited
as to cause the least disturbance to the conservation values of the Property. The
location of the new construction shall be sited on the map attached and as shown
in Exhibit B. The location and design of any new construction shall be subject to
the approval of the Grantee. Grantee agrees that if the location and design of the
new buildings do not interfere with or disturb the conservation values of the
property, its approval shall not be unreasonably withheld. No other structures
may be placed or constructed on the Property without the prior approval of
4Grantee. Furthermore, there shall be no constructing or placing of any recreational court, airplane landing strip, billboard or other advertising display,
cell tower, utility pole (other than those necessary to service the Property's improvements), utility tower, conduit or line on or above the Property. Outdoor
lighting shall be placed and shielded so as to minimize the impact on surrounding
areas.2.3Existing Improvements. Grantor shall have the right to maintain, remodel, and
repair existing structures, water tanks, water wells, fences, header dams, utilities,
and other improvements, and in the event of their destruction, to reconstruct any
such existing improvements with another of similar size, function, capacity,
location and material subject to the prior approval of Grantee as set out in Section
2.2 above.
2.4 Agricultural Use. Grantor shall have the right to i) breed, raise, and pasture
livestock in existing fields on the Property; ii) to breed and raise bees, fish,
poultry and other fowl in existing facilities on the Property; iii) to plant, raise and harvest crops in existing fields on the Property; and iv) to perform primary
processing, storage and sales, including direct sales to the public, of crops
produced principally on the Property. Grantor may not establish or maintain any
commercial feedlot on the Property, which is defined for the purpose of this
easement as a confined area or facility within which the land is not grazed or
cropped at least annually and which is used to receive livestock that has been
raised off the Property for feeding and fattening for market. Any agricultural
activities conducted on the Property must be conducted according to the currently
acceptable Best Management Practices as defined by Natural Resource Conservation Service or its successors, and in accordance with an Agricultural
Conservation Plan approved by the Grantee.
2.5Forest Management. Limited harvesting of timber, cutting or destruction of trees
or other plants, may be allowed with the prior written approval of the Grantee and in accordance with a Forest Management Plan as set out below. Selective timber
or plant cutting may be permitted without approval of the Grantee: to maintain
existing trail and road access. All Timber Management activities, when approved
by the Grantee, shall be conducted only in accordance with N.C. Division of
Forest Resources Best Management Practices guidelines for timber management
as the same may be promulgated by law or regulation in the state of North
Carolina and as adopted by the North Carolina organization of professional
foresters, and amended from time-to-time. Forest management is permitted to
generate occasional income from harvest and sale of forest products and to
maintain the general health of the forest ecosystem.
All forest management activities must be in accordance with a written Forest
Management Plan, prepared by a professional forester and approved by the
Grantee. The Forest Management Plan must be updated and re-approved by
Grantee at least every ten (10) years so long as Grantor wishes to continue to
manage or harvest the forest. If no forest management or harvest of trees is
intended, a forest management plan is not required, but there will be no active
5forest management or harvest without an approved Forest Management Plan and
Harvest Plan.A Harvest Plan prepared by a professional forester must be submitted to the Grantee for its approval at least thirty (30) days prior to any commercial harvest
of timber. No commercial silvicultural activity may occur until the Forest
Management Plan and a more specific Harvest Plan have been approved by the
Grantee. The Harvest Plan, also produced by a professional forester and approved
by the Grantee, must include the following: A statement signed by the forester acknowledging that management activities
follow the terms of the easement and will be supervised by the forester; Landowner goals and the forester's silvicultural objectives & goals from the
harvest; A timber inventory in targeted management areas with volume, stocking, and
species data, and projected yields. Inventory may be estimated or omitted with
prior approval of the Grantee in cases where it is not deemed necessary (such as
pre-commercial thinnings). An inventory for the presence of rare, threatened or endangered species and
other unique natural, geological or historic resources in targeted management
areas which may require special treatment; Prescribed activities and precautions including protection methods for any
unique natural, geological, or historical areas and erosion and sedimentation
control actions for water quality protection and a smoke management plan if fire
is to be prescribed; Description of property (timber sale area) access and constraints to access; Descriptive map(s) of all management areas, including logging deck(s), skid
trails, roads, streams, streamside management zones (buffers), stream crossings,
and areas of special concern; Clear marking of stream buffers and any stream crossings. Inadequate buffer
widths and/or potential for excessive disturbance of stream buffers are grounds for rejection of a Harvest Plan by the Grantee. The number of stream crossings
should be minimized and carefully selected to minimize disturbance to the
streams or drainage channels and surrounding soils and vegetation; Aesthetic and recreational considerations including impacts on views from
public roads. Aesthetic impacts should be minimized to the greatest extent
possible by use of un-harvested buffers and careful selection of harvest areas,
harvest techniques, and by avoiding the use of clear-cutting unless absolutely
necessary and approved as part of the Harvest Plan by the Grantee.Grantee’s approval of the Harvest Plan shall not be unreasonably withheld, but
may be withheld or conditioned if prescribed actions may compromise the
conservation values of the property, or if it does not adequately address all
required items listed above or other issues pertinent to the intent of this Easement.
6 2.6Grazing . Grantor shall have the right to graze and pasture animals pursuant to a
grazing plan, to be updated at least every ten (10) years, and approved by the Grantee, and that is designed to ensure the maintenance of a good quality mix of
native grasses and forbs, while protecting soil stability, water quality and other
conservation values of the Property.
2.7Home Business. Any business that is conducted by and in the home of a person residing on the Property is allowed.2.8Recreational Use. Grantor shall have the right to engage in and permit others,
whether or not for consideration, to engage in recreational uses of the Property,
including, but not limited to, hiking, camping, picnicking, horseback riding, non-
motorized bicycling, lawful hunting and fishing, and other recreational uses that
require no buildings, facilities, surface alteration or other development of the land
other than what is allowed below. Pursuit of wildlife by any form of motorized
transportation is not allowed. Grantor may also construct and maintain fences,
campsites, horse trails or foot trails incidental to such purposes and may lease or
license any portion of the Property for such recreational purposes. Grantor
reserves the right to promulgate and enforce reasonable rules and regulations for
all activities incident to recreational use of the Property, including but not limited
to the right to prohibit any recreational use that would permit destruction of other
significant conservation value of the Property.
2.9Excavation. There shall be no filling, excavation, dredging, mining or drilling; no
removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no
change in the topography of the land in any manner except as necessary to allow
the construction of the improvements allowed above, the maintenance of existing
roads, hiking and horseback trails and for the purpose of combating erosion or
flooding.
2.10 Destruction of Plants . Grantors shall have the right to cut and remove diseased
trees, shrubs, or other plants, and to cut firebreaks, without prior approval by the
Grantee. Grantors shall also have the right to cut and remove trees, shrubs, or
other plants to accommodate the activities expressly allowed under this easement.
There shall be no removal, harvesting, or cutting of native trees, shrubs or other
plants except where allowed above. Except for use around improvements or in
gardens, there shall be no planting of invasive, non-native trees, shrubs, or other
plants on the Property. Non-invasive cover crops used for soil stabilization on
logging decks and roads are permitted. Furthermore, except to accommodate the
activities expressly permitted in this easement, there shall be no introduction of
non-native animals, or disturbance or change in the natural habitat in any manner.
2.11 Water Quality and Drainage Patterns. There shall be no pollution of surface
water, natural water courses, lakes, ponds, marshes, subsurface water or any other
water bodies, nor shall activities be conducted on the Property that would be
detrimental to water purity or that could alter the natural water level or flow in or
over the Property. Other than the construction of wells to serve allowed
improvements, there shall be no alteration, depletion or extraction of surface
7water, natural water courses, lakes, ponds, marshes, subsurface water or any other
water bodies on the Property. Diking, draining, filling or removal of wetlands is
prohibited. 2.12Signage. No signs or billboards or other advertising displays are allowed on the Property, except that signs whose placement, number and design do not
significantly diminish the scenic character of the Property may be displayed to
identify trails and the conservation values of the Property, to identify the name
and address of the Property and the names of persons living on the Property, to
give directions, to advertise or regulate permitted uses on the Property and
proscribe rules and regulations for recreational use of the protected Property, to
advertise the Property for sale or rent, and to post the Property against trespassers.2.13No Biocides. There shall be no use of pesticides or biocides, including but not
limited to insecticides, fungicides, rodenticides, and herbicides, except as
approved by Grantee to control invasive species detrimental to the conservation
values of the Property, and except as needed around improvements on the Property and in existing agricultural fields. There shall be no aerial broadcast of
any type of biocide on any part of the Property without prior written approval of
the Grantee. Special care must be taken to prevent contamination of surface and
ground waters on and around the Property by biocides applied on the Property.
2.14 No Dumping. There shall be no storage or dumping of trash, garbage abandoned
vehicles, appliances, or machinery, or other unsightly or offensive material,
hazardous substance, or toxic waste on the Property (except the short term storage
of household garbage and waste). There shall be no changing of the topography
through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Property or on adjacent property owned by Grantor, that could cause erosion or siltation on the Property.
2.15Predator Control. Grantor shall have the right to control, destroy, or trap
predatory and problem animals that pose a material threat to livestock and/or
humans by means and methods approved by the Grantee. The method employed shall be selective and specific to individuals, rather than broadcast, nonselective
techniques.
2.16Forest Management Roads. The right to maintain, repair and replace existing
forest management roads and associated bridges and culverts, together with the
right to construct new forest management roads and associated improvements,
provided that said roads and associated improvements fulfill the following
requirements: (a) Such construction is consistent with the Purposes of the Grant;
and (b) Additional road improvements are necessary to provide reasonable forest
management access to the Protected Property and the system of existing roads is
not adequate and (c) all roads are constructed in accordance with NC Division of
Forest Resources Best Management Practice Guidelines as adopted by the North
Carolina organization of professional foresters, as amended from time-to-time.
2.17 Commercial Development. Any commercial or industrial use of or activity on the
8 Property, other than those relating to agriculture, silviculture, recreation, or home Businesses, as permitted herein, is prohibited. 2.18Development Rights. With the exception of buildings permitted above, Grantor conveys to Grantee all development rights that are now or hereafter allocated to,implied, reserved or inherent in the Property, and the parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any
portion of the Property, as it now or hereafter may be bounded or described, or to
any other property.3.ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the following
additional rights:3.1Existing Uses. The right to undertake or continue any activity or use of the
Property not prohibited by this Conservation Easement. Prior to making any
change in use of the Property, Grantor shall notify Grantee in writing to allow
Grantee a reasonable opportunity to determine whether such change would violate
the terms of this Conservation Easement.
3.2.Transfer. The right to sell, give, mortgage, lease, or otherwise convey the
Property subject to the terms of this Conservation Easement.
4.GRANTEE’S RIGHTS. To accomplish the purpose of this Conservation Easement, the
following rights are granted to Grantee by this Conservation Easement:4.1Right to Protect. The right to preserve and protect the conservation values of the Property and enforce the terms of this Conservation Easement. 4.2Right of Entry. Grantee, its employees, representatives, and agents and its
successors and assigns, have the right, after prior written notice to Grantor, to
enter the protected Property at reasonable times for the purposes of: (a)
inspecting the protected Property to determine whether the Grantor, its
representatives, assigns, heirs and successors are complying with the covenants
and purposes of this Conservation Easement; and (b) monitoring and research as
described below.
4.3Monitoring and Research. The right, but not the obligation, to monitor the native
plant and wildlife populations, plant communities and natural habitats on the
Property. Grantor agrees that all monitoring activity, inventory and assessment
work or other natural resource research conducted by the Grantor or others shall
be reported to the Grantee.
4.4 Management of Exotics and Invasive Species. The right, but not the obligation, to
control, manage or destroy exotic non-native species or invasive species of plants
and animals that threaten the conservation values of the Property. Grantee will
consult with Grantor prior to implementing control activities.
95.RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other
than as specified herein, this Conservation Easement is not intended to impose any legal or other
responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor as
owner of the Property. Among other things, this shall apply to:(a)Taxes - The Grantor shall be solely responsible for payment of all taxes
and assessments levied against the Property.(b) Upkeep and Maintenance - The Grantor shall be solely responsible for the
upkeep and maintenance of the Property, to the extent it may be required by law.
The Grantee shall have no obligation for the upkeep or maintenance of the
Property.6.ACCESS. No right of access by the general public to any portion of the Property is
conveyed by this Conservation Easement. However, the public has the right to view the Property
from adjacent publicly accessible areas such as public roads and waterways.7. ENFORCEMENT. The Grantee shall have the right to prevent and correct violations of
the terms of this Conservation Easement.A.With advance written notice the Grantee may enter the Property for the purpose of
inspecting for violations. If the Grantee finds what is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could substantially
diminish or impair the conservation values of the Property, the Grantee shall give the Grantor
written notice of the violation and sixty (60) days to correct it (or begin good faith efforts to
correct in the event the violation is something which cannot be reasonably corrected in sixty (60)
days, before filing any legal actions. If a court with jurisdiction determines that a violation may
exist or has occurred, the Grantee may obtain an injunction to stop it, temporarily or
permanently. A court may also issue an injunction requiring the Grantor to restore the Property
to its condition prior to the violation. The failure of the Grantee to discover a violation or to take
immediate legal action shall not bar it from doing so at a later time.B. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property caused by third parties,
resulting from causes beyond the Grantor's control, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken in good faith by the Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property
or harm to the Property resulting from such action.8.TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this
easement are in gross and assignable. The Grantee shall have the right to transfer or assign this
Conservation Easement to any qualified organization that is at the time of transfer, is a "qualified
organization" under Section 170(h) of the U.S. Internal Revenue Code, and the organization
expressly agrees to assume the responsibility imposed on the Grantee by this Conservation
Easement. If the Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or
10applicable state law, a court with jurisdiction shall transfer this easement to another conservation
organization or to another qualified organization having similar purposes that agrees to assume
the responsibility.9.TRANSFER OF PROPERTY. Any time the Property, or any interest therein, is
transferred by the Grantor to any third party, the Grantor shall notify the Grantee in writing at
least thirty (30) days prior to the transfer of the Property, and the document of conveyance shall
expressly refer to this Conservation Easement.10.RIGHT OF FIRST REFUSAL. In case of any contemplated sale of the subject property
or any portion thereof by the Grantor or any successor in title thereto, first refusal as to any bona
fide offer of purchase must be given to the Grantee, its successor or assigns. If Grantee so
decides to purchase, it shall notify the then owner of its willingness to buy upon the same terms
within thirty (30) days of receipt of written notice of such bona fide offer. Failure of Grantee to
notify the then owner of its intention to exercise this right of first refusal within such thirty (30)
day period shall free the owner to sell pursuant to the bona fide offer. Provided, however, that if
there are any outstanding deeds of trust or other encumbrances against the property, any right to
repurchase shall be subject to said deeds of trust or encumbrances, and they shall either be
satisfied or assumed as part of the purchase price.11.AMENDMENT OF EASEMENT. This easement may be amended only with the
written consent of Grantor and Grantee. Any such amendment shall be consistent with the
purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal
Revenue Code, or any regulations promulgated in accordance with that section. Any such
amendment shall also be consistent with the Uniform Conservation and Historic Preservation
Agreements Act, N.C.G.S. Section 121-34 et. seq., or any regulations promulgated pursuant to
that law. The Grantor and Grantee have no right or power to agree to any amendment that would
affect the enforceability of this Conservation Easement.12.TERMINATION OF EASEMENT. If it is determined that conditions on or
surrounding the Property have changed so much that it is impossible to fulfill the conservation
purposes set forth above, a court with jurisdiction may, at the joint request of both the Grantor
and Grantee, terminate this Conservation Easement. If condemnation of a part of the Property or of the entire Property by public authority
renders it impossible to fulfill any of these conservation purposes, the Conservation Easement
may be terminated through condemnation proceedings.At the time of the conveyance of the Conservation Easement to the Grantee, this
Conservation Easement gives rise to a real property right, immediately vested in the Grantee. If
the easement is terminated and the Property is sold or taken for public use, then, as required by
Sec. 1.170A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to a percentage of the
gross sale proceeds or condemnation award (minus any amount attributed to new improvements
made after the date of the conveyance, which amount shall be reserved to grantor), equal to the
ratio of the appraised value of this easement to the unrestricted fair market value of the Property,
as these values are determined on the date of this Conservation Easement. The Grantee shall use
the proceeds consistently with the conservation purposes of this Conservation Easement.
1113.INTERPRETATION. This Conservation Easement shall be interpreted under the laws
of North Carolina, resolving any ambiguities and questions of the validity of specific provisions
as to give maximum effect to its conservation purposes.14.INDEMNIFICATION. Grantor agrees to indemnify and hold Grantee harmless from any
and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising
from any personal injury, accidents, negligence or damage relating to the Property, or any claim
thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be
apportioned accordingly. In addition, Grantor warrants that Grantee is a named insured on
Grantor’s Property insurance policies covering the Property.15.TITLE. The Grantor covenants and represents that the Grantor is the sole owner and is
seized of the Property in fee simple and has good right to grant and convey this Conservation
Easement; that the Property is free and clear of any and all encumbrances, including but not
limited to, any mortgages not subordinated to this Conservation Easement, and that the Grantee
shall have the use of and enjoy all the benefits derived from and arising out of this Conservation
Easement. NOTE: If any mortgages exist, they must be subordinated.16.NOTICES. Any notices required by this Conservation Easement shall be in writing and
shall be personally delivered or sent by first class mail, to Grantor and Grantee, respectively, at
the following addresses, unless a party has been notified by the other of a change of address.To Grantor: (Name and address of Grantor)To the Grantee: Conservation Trust for North CarolinaP.O. Box , NC 17. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual
knowledge of a release or threatened release of hazardous substances or wastes on the Property.18.SEVERABILITY. If any provision of this Conservation Easement is found to be
invalid, the remaining provisions shall not be altered thereby.19. PARTIES. Every provision of this Conservation Easement that applies to the Grantor or
Grantee shall also apply to their respective heirs, executors, administrators, assigns, and all other
successors as their interest may appear.
1220.RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation
Easement, the Grantee is authorized to re-record this instrument or any other appropriate notice
or instrument.21.MERGER. The parties agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interest in the Property.22.SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation
Easement should be construed as impairing the ability of Grantor to use this Property as
collateral for subsequent borrowing, provided that any mortgage or lien arising from such a
borrowing would be subordinate to this Conservation Easement.23.EXHIBIT AND DOCUMENTATION. A.Legal Description. Exhibit A, Legal Description of the protected Property is
attached hereto and made a part hereof by reference.
B.Location Map: Exhibit B. Identifies the location of the farmstead area and other
areas of concern to both parties.
24.ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found
to be invalid, the remainder of the provisions of this Conservation Easement, and the application
of such provision to persons or circumstances other than those as to which it is found to be
invalid, shall not be affected thereby.25.ACCEPTANCE AND EFFECTIVE DATE. As attested by the Seal of the Grantee and
the signatures of its authorized representatives affixed hereto, the Grantee hereby accepts without
reservation the rights and responsibilities conveyed by this Conservation Easement. This
Conservation Easement is to be effective the date recorded in the Caldwell County Registry of
Deeds.TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the Conservation Trust for North Carolina, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind
themselves, have set their hands and seals on the date first written above. GRANTOR:________________________________(Seal) Signature of Grantor________________________________(Seal)Signature of Grantor #2 Accepted:
13GRANTEE: CONSERVATION TRUST FOR NORTH CAROLINABy: Its: Attest: Its: (Corporate Seal)
14 Acknowledgments STATE OF NORTH CAROLINACOUNTY OF I, , a Notary Public in and for said County and State do hereby certify that (Name of Grantors) personally appeared before me this day and
duly acknowledged the execution of the foregone Conservation Easement.
Witness my hand and notarial seal, this day of , 20 . My commission expires: _________________________(Seal)
Notary Public
(Notary Seal) NORTH CAROLINA COUNTY I, , a Notary Public of County, North Carolina
do hereby certify that Rusty Painter personally appeared before me this day and acknowledged
that he is the Secretary of The Conservation Trust for North Carolina, a non-profit corporation,
and that by authority duly given and as act of the corporation the foregoing instrument was
signed in its name by its President, sealed with its corporate seal and
attested by himself as its secretary.
Witness my hand and notarial seal this the day of , 20 . My commission expires: __________________________(Seal) Notary Public (Notary Seal) STATE OF NORTH CAROLINA COUNTYThe Foregoing (or annexed) Certificate(s) of Notary(ies) Public (is)(are) Certified to be correct.This instrument was filed for Registration on the Day and Hour in the Book and Page shown in
the First page hereof.Register of DeedsThis instrument prepared by and return to:The Conservation Trust for North Carolina, PO Box 33333 Raleigh, NC 27636-3333 EXHIBIT A.
15 LEGAL DESCRIPTION OF PROPERTY Exhibit A includes a detailed description of the property and conservation values the
conservation easement is intended to protect. EXHIBIT B LOCATION MAP(S) OF PROPERTY
