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BK : 2182 PG : 148
<br /> 29 , Subsequent Encumbrances .
<br /> With the exception of access , drainage , and linear utility easements as permitted in
<br /> this Conservation Easement , the grant of any other easements or use restrictions is
<br /> prohibited , except with the prior written permission of Grantee .
<br /> 30 . Grantor's Environmental Warranty .
<br /> (a ) . Nothing in this Conservation Easement shall be construed as giving rise to
<br /> any right or ability in Grantee to exercise physical or management control over the day -
<br /> to -day operations of any portion of the Property , or any of Grantor' s activities on thc:
<br /> Property , or otherwise to become an operator with respect to the Property within the
<br /> meaning of The Comprehensive Environmental Response , Compensation , and Liability
<br /> Act of 1980 , as amended (" CERCLA") or any corresponding state and local statute or
<br /> ordinance .
<br /> ( b) . Grantor, at the execution of this document with the exception of the dipping vat
<br /> located within the farmstead , warrants that it has no actual knowledge of a release or
<br /> threatened release of hazardous substances or wastes on the Property , as such
<br /> hazardous substances and wastes are defined by applicable law, and hereby promises to
<br /> indemnify Grantee harmless from , any and all loss , cost, claim (without regard to its rrr : rit ) ,
<br /> liability or expense ( including reasonable attorneys ' fees) arising from or with respect to
<br /> any release of hazardous waste or violation of environmental laws .
<br /> (c) . If at any time after the effective date of this Conservation Easement there
<br /> occurs a release in , on , or about the property of any substance now or hereafter defined ,
<br /> listed , or otherwise classified pursuant to any federal , state , or local law, regulation , or
<br /> requirement as hazardous , toxic , polluting , or otherwise contaminating to the air , water , or
<br /> soil , or in any way harmful or threatening to human health or the environment , Grantor ,
<br /> who owns the tax parcel affected , agrees to take all steps that may be required under
<br /> federal , state , or local law necessary to assure its containment and remediation , including
<br /> any cleanup .
<br /> 31 . Duration of Conservation Easement .
<br /> Except as expressly otherwise provided herein , this Conservation Easement
<br /> shall be of perpetual duration , and no merger of title , estate or interest shall be deumed
<br /> effected by any previous , contemporaneous , or subsequent deed , grant , or assignment of
<br /> an interest or estate in the Property , or any portion thereof, to Grantee , it being
<br /> thu
<br /> express intent of the parties that this Conservation Easement not be extinguished by , or
<br /> merged into , any other interest or estate in the Property now or hereafter held by Grantcts \
<br /> 32 . Entire Agreement.
<br /> This instrument sets forth the entire agreement of the parties with respect to the
<br /> Conservation Easement and supersedes all prior discussions , negotiations ,
<br /> understandings , and agreements relating to the Conservation Easement , all of which
<br /> are merged herein . No alteration or variation of this instrument shall be valid or binding
<br /> unless contained in an amendment that complies with Paragraph 21 .
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