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BK : 2182 PG : 149 <br /> 33 . Waiver. <br /> No waiver by Grantee of any default , or breach hereunder , whether intentional or <br /> not , shall be deemed to extend to any prior or subsequent default or breach hereunder or <br /> affect in any way any rights arising by virtue of any prior or subsequent such occurrence . <br /> No waiver shall be binding unless executed in writing by Grantee . <br /> 34 . Binding Effect. <br /> The provisions of this Conservation Easement shall run with the Property in <br /> perpetuity and shall bind and be enforceable against the Grantor and all future owners <br /> and any party entitled to possess or use the Property or any portion thereof while such <br /> party is the owner or entitled to possession or use thereof. Notwithstanding the <br /> foregoing , upon any transfer of title , the transferor shall , with respect to the Property <br /> transferred cease being a Grantor or owner with respect to such Property for purposes <br /> of this Conservation Easement and shall , with respect to the Property transferred , have <br /> no further responsibility , rights or liability hereunder for acts done or conditions arising <br /> thereafter on or with respect to such Property , but the transferor shall remain liable for <br /> earlier acts and conditions done or occurring during the period of his or her ownership <br /> or conduct . <br /> 35 . Captions . <br /> The captions in this instrument have been inserted solely for convenience of <br /> reference and are not a part of this instrument and shall have no effect upon <br /> construction or interpretation . <br /> 36 . Recording . <br /> This Conservation Easement shall be recorded in the same manner as any other <br /> instrument asserting title to real property . <br /> TO HAVE AND TO HOLD unto Grantee , its respective successors and assigns <br /> The covenants , terms , conditions , restrictions and purposes imposed with this <br /> Conservation Easement shall not only be binding upon Grantor but also its agents , <br /> personal representatives , heirs , assigns and all other successors to it in interest and <br /> shall continue as a servitude running in perpetuity with the Property . <br /> 17 <br />