Working Forest Conservation Easement

WORKING FOREST CONSERVATION EASEMENT

NORTH CAROLINA

COUNTY

This Grant of Conservation Easement (hereinafter "Conservation Easement") is made this the day of , 20 by (landowners) , whose address is (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.

C. The principal objectives of this Grant are to establish and maintain productive forestry resources on the Protected Property.

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.

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.

F. The Grantor and Grantee have the common purpose of conserving the above-described conservation values of the Property in perpetuity.

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 and 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.

2. PROPERTY USES.

Any activity on, or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited.

2.1 Subdivision. 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.

2.3 Existing Improvements. Grantor shall have the right to maintain, remodel, and repair existing structures, water tanks, water wells, fences, header dams, utilities, and other improvements.

2.4 Agricultural Use. Grantor shall have the right to breed, raise, and pasture livestock and to plant, raise and harvest crops in existing fields on the Property.

2.5 Forest Management. Limited harvesting of timber, cutting or destruction of trees or other plants, may be allowed with the prior written approval of the Grantee.

2.6 Grazing. 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.

2.7 Home Business. Any business that is conducted by and in the home of a person residing on the Property is allowed.

2.8 Recreational Use. Grantor shall have the right to engage in and permit others to engage in recreational uses of the Property, including hiking, camping, picnicking, horseback riding, non-motorized bicycling, lawful hunting and fishing.

2.9 Excavation. There shall be no filling, excavation, dredging, mining or drilling.

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.

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.

2.12 Signage. No signs or billboards or other advertising displays are allowed on the Property, except as permitted herein.

2.13 No Biocides. There shall be no use of pesticides or biocides, except as approved by Grantee to control invasive species detrimental to the conservation values of the Property.

2.14 No Dumping. There shall be no storage or dumping of trash, garbage, abandoned vehicles, appliances, or machinery.

2.15 Predator 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.

2.16 Forest Management Roads. The right to maintain, repair and replace existing forest management roads and associated bridges and culverts.

2.17 Commercial Development. Any commercial or industrial use of or activity on the Property, other than those relating to agriculture, silviculture, recreation, or home businesses, as permitted herein, is prohibited.

2.18 Development 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.

3. ADDITIONAL RIGHTS RETAINED BY GRANTOR.

3.1 Existing Uses. The right to undertake or continue any activity or use of the Property not prohibited by 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.

4.1 Right to Protect. The right to preserve and protect the conservation values of the Property and enforce the terms of this Conservation Easement.

4.2 Right 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.

4.3 Monitoring and Research. The right, but not the obligation, to monitor the native plant and wildlife populations, plant communities and natural habitats on the Property.

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.

5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED.

(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.

6. ACCESS.

No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement.

7. ENFORCEMENT.

The Grantee shall have the right to prevent and correct violations of the terms of this Conservation Easement.

8. TRANSFER OF EASEMENT.

The parties recognize and agree that the benefits of this easement are in gross and assignable.

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.

10. RIGHT OF FIRST REFUSAL.

In case of any contemplated sale of the subject property, first refusal as to any bona fide offer of purchase must be given to the Grantee.

11. AMENDMENT OF EASEMENT.

This easement may be amended only with the written consent of Grantor and Grantee.

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 terminate this Conservation Easement.

13. INTERPRETATION.

This Conservation Easement shall be interpreted under the laws of North Carolina.

14. INDEMNIFICATION.

Grantor agrees to indemnify and hold Grantee harmless from any and all costs, claims or liability.

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.

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.

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.

20. 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.

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.

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.

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.

Acknowledgments

STATE OF NORTH CAROLINA

COUNTY OF

I, , a Notary Public in and for said County and State do hereby certify that personally appeared before me this day and duly acknowledged the execution of the foregoing Conservation Easement.

Witness my hand and notarial seal, this day of , 20 .

My commission expires:

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.

Witness my hand and notarial seal this the day of , 20 .

My commission expires:

STATE OF NORTH CAROLINA

COUNTY

The 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 Deeds

This instrument prepared by and return to:

The Conservation Trust for North Carolina, PO Box 33333 Raleigh, NC 27636-3333

EXHIBIT A.

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