202100372
<br />a. To sell, give or otherwise convey the Premises or any interest in the Premises; provided,
<br />such conveyance is subject to the terms of this Conservation Easement and the
<br />Management Plan.
<br />b. To continue to use the Premises, as identified on Exhibit B, for agricultural purposes that
<br />are consistent with this Conservation Easement and Management Plan. Grantor may
<br />continue to use the Premises for such commercial agricultural purposes, including the
<br />planting/harvesting of row crops, application of fertilizer, insecticides and herbicides in
<br />accordance with the best course of husbandry customarily practiced in the same
<br />geographical vicinity of the Premises.
<br />c. The erection, maintenance and replacement of signs with respect to hunting, trespass,
<br />trail access, identity and address of the occupants, sale of the Premises, the Holder's
<br />interest in the Premises, and the protected conservation values.
<br />d. Such other non -prohibited activities requested by the Grantor and expressly approved in
<br />writing by the Holder, in its sole and exclusive discretion.
<br />4. Restrictive Covenants/Conservation Values Protected: The Premises serve as critical pre -
<br />roost staging habitat for Sandhill Cranes and Whooping Cranes. Protecting the Premises is
<br />biologically important and integral to preserving high quality Crane roost habitat as well as
<br />habitat for other migratory birds.
<br />5. Prohibited Activities and Uses: Any activity on or use of the Premises not enumerated in
<br />Section 3 as to Grantor is prohibited, including, without limitation, any activity or use
<br />inconsistent with the purpose of this Conservation Easement and/or the Management Plan.
<br />Without limiting the generality of the foregoing, the following activities and uses are expressly
<br />prohibited on, above, and below the premises:
<br />a. The rezoning or subdividing the Premises or the disturbance or change in the natural
<br />habitat that would be inconsistent with the conservation values, except for agricultural
<br />use as set forth in in Subsection 3(b) and Exhibit B.
<br />b. The temporary or permanent placement or construction in, on or under the Premises of
<br />any buildings, structures, or other improvements of any kind, including, without
<br />limitation, camping accommodations or mobile homes, fences, signs, billboards or other
<br />advertising material, roads, utility poles, towers, conduits, or lines or other structures,
<br />other than those structures currently on the Premises and as may be permitted pursuant to
<br />the Management Plan. No residential, commercial or industrial activity of any kind shall
<br />be permitted on the Premises, except the agricultural uses as set forth in this Conservation
<br />Easement and the Management Plan.
<br />c. Any ditching, draining, digging, filling, excavating, dredging, mining or drilling, removal
<br />of topsoil, sand, gravel, rock, minerals or other materials, or any building of roads or
<br />change in the topography of the Premises in any manner, except as set forth in the
<br />Management Plan.
<br />d. Any removal, destruction or cutting of trees or plants or planting of trees or plants (except
<br />as is necessary to maintain the Premises), use of fertilizers, spraying with biocides,
<br />introduction of state listed noxious plants and animals, except as otherwise provided
<br />hereinabove at Subsection 3.b and as may be 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 />2619447v5 - 3 -
<br />
|