201403613 - Laserfiche WebLink

Browse

2014036'13 subordinate to this Conservation Easement and does not violate the restrictions on subdivision of the Property. 24. ACCEPTANCE & EFFECTIVE DATE. As attested by the signature of its authorized representative, the Conservancy hereby accepts without reservation the rights and responsibilities reserved by this Conservation Easement. 25. COUNTERPARTS. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. 26. ENTIRE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with the terms of this Conservation Easement. 27. CAPTIONS, RECITALS AND EXHIBITS. The captions herein have been inserted solely for convenience of reference, are not a part of this Conservation Easement, and shall have no effect upon its construction or interpretation. The Recitals set forth above and all Exhibits referred to in this Conservation Easement are an integral part of this Conservation Easement and are incorporated herein by reference. 28. GOVERNING LAW. This Conservation Easement will be interpreted in accordance with the laws of the state of Nebraska. 29. DISCLAIMER. The Conservancy does not represent the interests of Grantee. The Conservancy has advised Grantee to have the document reviewed by Grantee's attorney, and Grantee has had ample opportunity to do so. The Conservancy makes no representation as to whether this Conservation Easement qualifies for a charitable deduction or if it is in the proper form for that purpose, in the event Grantee claims a charitable gift deduction on its federal or state income tax returns. 30. SUBSEQUENT ACTIVITIES: NO REPRESENTATIONS OR WARRANTIES. Permission to carry out any proposed use or activity will not constitute consent to any subsequent use or activity of the same or any different nature, unless explicitly included in said permission. Likewise, permission by the Conservancy to carry out, or failure by the Conservancy to object to, or any language in this Conservation Easement that allows any proposed use or activity or designates a specific area of the Property where the use or activity is to be conducted, will not be deemed to constitute any representation or warranty by the Conservancy regarding the use or activity, including, without limitation, the fitness of the Property for the use or activity or the legality of the use or activity. 31. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and conservation easement interests in the Property. Page 21 of 24 Pages