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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />• <br />corrective action as required to remedy the violation; (vi) recover any damages <br />arising from noncompliance with this Easement; and/or (vii) invoke its fee reverter <br />rights as provided for in the deed of conveyance from Grantee to Grantor, <br />recorded immediately preceding this Easement in the Official Records of Indian <br />River County, Florida, whereby Grantee has the option of requiring Grantor to <br />return to Grantee all right, title and interest in the Property if the terms of the <br />Easement are violated by Grantor. Damages arising from noncompliance with this <br />Easement, when recovered, may be applied by Grantee, in its sole discretion, to <br />corrective action on the Property <br />a. If Grantee, in its sole discretion, determines that circumstances require <br />immediate action to prevent or mitigate significant damage to the conservation <br />values of the Property, Grantee may pursue its remedies under this paragraph <br />without prior notice to Grantor or without waiting for the period for cure to <br />expire; provided, however, that Grantee shall provide notice to Grantor of the <br />violation and Grantee's actions to prevent or mitigate said damage at the earliest <br />feasible time. <br />b. Grantee does not waive or forfeit the right to take such action as may <br />be necessary to ensure compliance with this Easement by any pnor failure to act <br />and Grantor hereby waives any defenses of laches with respect to any delay by <br />Grantee in acting to enforce any restriction or exercise any rights under this <br />Easement. <br />c. Nothing herein shall be construed to entitle Grantee to institute any <br />enforcement proceedings against Grantor for any changes to the Property or plant <br />or animal life thereon due to causes beyond Grantor s control such as, without <br />limitation, changes caused by fire, flood, storm, earthquake, major plant or animal <br />disease, acts of God, or the unauthorized wrongful acts of third persons. In the <br />event of violations of this Easement caused by wrongful acts of unauthorized <br />persons, if Grantee requests, Grantor agrees to assign such right of action to <br />Grantee, to join in any suit and/or to appoint Grantee as attorney-in-fact of <br />Grantor for the purposes of pursuing an action against such third person. <br />2. Recordation. Grantee shall record this Easement in the Official Records <br />of Indian River County, Florida, and provide the Grantor with a copy of the <br />Easement with recording information affixed thereto within thirty (30) days of the <br />date hereof. Grantee may re-record this Easement at any time Grantee may so <br />require to preserve its rights. Grantee shall pay all recording costs necessary to <br />record this Easement in the public records. <br />3. Taxes and. Assessments. Grantor agrees to pay when due any real estate <br />taxes or other assessments levied on the Property. Upon request of Grantee <br />Grantor shall furnish to Grantee timely proof of such payment. In the event that <br />Grantor fails to pay any tax or assessment on the Property when due, Grantee <br />subject to the notice and cure provision of this Easement and in Grantee's <br />absolute discretion, may pay such tax or assessment. <br />