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8/ 10/2007
<br /> ARTICLE V. GRANTOR'S RESERVED RIGHTS
<br /> Grantor reserves to Grantor, and to Grantor' s personal representatives , heirs ,
<br /> successors , and assigns , the following specified rights , which are deemed to be
<br /> consistent with the purpose of the Easement . The exercise of the Reserved Rights
<br /> shall be in full accordance with all applicable local , state and federal law , as amended
<br /> from time to time , as well as in accordance with the purposes of this Easement.
<br /> A . The right to observe , maintain , photograph , introduce and stock native fish or
<br /> wildlife on the Property, to use the Property for non-commercial hiking , camping , and
<br /> horseback riding and similar activities consistent with the Conservation Purposes of this
<br /> Conservation Easement, so long as the same do not constitute a danger to Grantee's
<br /> employees , agents , officers , and invitees , and so long as such activities do not violate
<br /> any of the prohibitions applicable to the Property or Grantee 's rights , as stated above .
<br /> Grantor reserves , and shall continue to own , the hunting and fishing rights on , or related
<br /> to , the Property and Grantor may lease and sell privileges of such rights .
<br /> B . The right to conduct controlled or prescribed burning on the Property ;
<br /> provided , however, that Grantor shall obtain and comply with a prescribed fire
<br /> authorization from the local and state regulatory agencies having jurisdiction over
<br /> controlled or prescribed burning .
<br /> C . The right to mortgage the Property; provided , however, that the mortgagee's
<br /> lien shall be inferior to and lower in priority than this Easement ; and further provided that
<br /> Grantor shall obtain a written , recordable instrument from any such lender or
<br /> mortgagee , that acknowledges that the Property is encumbered by this Conservation
<br /> Easement and that any mortgage is subordinate to the Conservation Easement and any
<br /> mortgagee in possession shall be bound by this Conservation Easement as a successor
<br /> in interest to Grantor.
<br /> D . The right to contest tax appraisals , assessments , taxes and other charges on
<br /> the Property.
<br /> E . The right to continue to use , maintain , repair, reconstruct, or relocate existing
<br /> buildings , barns , dog pens , outbuildings , fences , roads , ponds , drainage ditches and
<br /> such other facilities on the Property as depicted in the Baseline Documentation subject
<br /> to all then applicable development, building , and zoning requirements and restrictions of
<br /> Indian River County; provided that the right to relocate is limited to areas identified as
<br /> improved pasture in the Baseline Documentation . In the event of the relocation of
<br /> buildings , barns , dog pens , outbuildings , fences , roads , ponds , drainage ditches and
<br /> such other facilities , the original site of these facilities shall be returned to pasture or
<br /> native vegetation by Grantor at Grantor's sole cost and expense . Grantor may
<br /> construct new fences and facilities related to the grazing of livestock in the improved
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