introduction of state listed noxious plants and animals, except as otherwise provided
<br />hereinabove at Subsection 3.b and as maybe set forth in the Management Plan.
<br />e. The dumping or storing of ashes, trash, garbage, wastes, refuse, debris, or other unsightly
<br />or offensive material, and the changing of the topography through the placing of soil or
<br />other substance or material such as land fill or dredging spoils, nor shall any activities be
<br />conducted directly on the Premises, or on adjacent property which could cause erosion or
<br />siltation on the Premises.
<br />f. The manipulation or alteration of ponds, water courses, rivers, streams, wetlands, lake
<br />shores, marshes or other surface or subsurface water bodies, or activities which would be
<br />detrimental to water purity or to the protection of the watershed, which includes the
<br />subject property, or which could alter natural water level and/or flow.
<br />g. The hunting or trapping of animals except as allowable by state and federal regulations.
<br />h. No portion of the Premises may be used toward building or development requirements on
<br />this parcel.
<br />i. Long term storage of vehicles including motorcycles, all- terrain vehicles, trail bikes, or
<br />any other motorized vehicles on the Premises, except as set forth in the Management
<br />Plan.
<br />j. Activities detrimental to drainage, flood control, water conservation, water quality,
<br />erosion control, soil conservation, or archaeological conservation.
<br />k. Any other use of the Premises or activity thereon which is inconsistent with the purpose
<br />of this Conservation Easement or which would materially impair its conservation
<br />interests.
<br />6. Holder's Remedies: If any Holder determines that Grantor is in violation of the terms of this
<br />Conservation Easement or that a violation is threatened, the Holder shall give written notice to
<br />Grantor of such violation and demand corrective action sufficient to cure the violation. If
<br />Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from
<br />Holder, Holder may bring an action at law or in equity in a court of competent jurisdiction to
<br />enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary,
<br />by temporary or permanent injunction, to recover any damages to which Holder may be entitled
<br />for violation of the terms of this Conservation Easement or injury to any conservation values
<br />protected by this Conservation Easement, including damages for the loss of scenic, aesthetic,
<br />water resource protection or environmental values, and to require the restoration of the Premises
<br />to the condition that existed prior to any such injury, costs incurred and reasonable attorney fees
<br />to prosecute any such actions to enforce. Without limiting Grantor's liability therefore, Holder,
<br />in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective
<br />action on the Premises. If Holder, in its sole discretion, determines that circumstances require
<br />immediate action to prevent or mitigate significant damage to the conservation values of the
<br />Premises, Holder may pursue its remedies under this paragraph without prior notice to Grantor or
<br />without waiting for the period provided for cure to expire. Holder's rights under this paragraph
<br />apply equally in the event of either actual or threatened violations of the terms of this
<br />Conservation Easement, and Grantor agrees that if Holder's remedies at law for any violation of
<br />the terms of this Conservation Easement are inadequate, that Holder shall be entitled to the
<br />injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such
<br />other relief to which Holder may be entitled, including specific performance of the terms of this
<br />Conservation Easement, without the necessity of proving either actual damages or the
<br />Form 1412027v6; 09/12117; 1790474.5 - 4 -
<br />201802661
<br />
|