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B . The right to conduct controlled or prescribed burning on the Property; provided, however, that Grantor
<br /> shall obtain and comply with a prescribed fire authorization from the local and state regulatory agencies having
<br /> jurisdiction over controlled or prescribed burning.
<br /> C . The right to mortgage the Property; provided, however, that the Mortgagee ' s lien shall be inferior to
<br /> and lower in priority than this Easement.
<br /> D . The right to contest tax appraisals, assessments, taxes and other charges on the Property.
<br /> E . The right to construct, maintain and remove trails, recreational structures, walkovers, and other
<br /> improvements consistent with the operation of a county park on the Property.
<br /> ARTICLE VI. GRANTEE ' S REMEDIES
<br /> A. Remedies . If Grantee determines that Grantor is in violation of the terms of this Easement or that a
<br /> violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action
<br /> sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or
<br /> activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantor
<br /> fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee , or under circumstances
<br /> where the violation cannot reasonably be cured within a 30-day period, fails to begin curing such violation within the
<br /> 30-day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at
<br /> law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex
<br /> parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for
<br /> violation of the terms of this Easement or injury to any conservation values protected by this Easement, including
<br /> damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to
<br /> the condition that existed prior to any such injury. Without limiting Grantor' s liability therefor, Grantee, in its sole
<br /> discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If
<br /> Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate
<br /> significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph
<br /> without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under
<br /> this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and
<br /> Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that
<br /> Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in
<br /> addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this
<br /> Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal
<br /> remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies
<br /> now or hereafter existing at law or in equity.
<br /> B . Grantee' s Discretion . Enforcement of the terms of this Easement shall be at the discretion of Grantee,
<br /> and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of
<br /> this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any
<br /> subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement.
<br /> No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair
<br /> such right or remedy or be construed as a waiver.
<br /> C. Waiver of Certain Defenses . Grantor hereby waives any defense of estoppel, adverse possession or
<br /> prescription.
<br /> D . Acts Beyond Grantor ' s Control . Nothing contained in this Easement shall be construed to entitle
<br /> Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond
<br /> Grantor' s control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action
<br /> taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property
<br /> resulting from such causes .
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<br /> BLA- 104 , Revised 01 /26/06
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