BK: 2229 PG: 686
<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
<br />native fish or native wildlife on the Property, to use the Property for non-commercial
<br />hiking, camping, and horseback riding and similar activities consistent with the
<br />Conservation Purposes of this Conservation Easement, so long as the same do not
<br />constitute a danger to Grantee's employees, agents, officers, and invitees, and so long
<br />as such activities do not violate any of the prohibitions applicable to the Property or
<br />Grantee's rights, as stated above. Vitiout limiting the generality of the foregoing,
<br />Grantor has the specific reserved nigh, to use the Property for native wildlife mitigation,
<br />provided, however, that any and all native wildlife mitigation is accomplished solely in
<br />accordance with all then -current best management practices of the Florida Fish and
<br />Wildlife Conservation Commission, or other successor agency. Grantor reserves, and
<br />shall continue to own, the hunting and fishing rights on, or related to, the Property and
<br />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
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