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200803328 human disturbance and activity that would affect use of both the Protected Property and the adjacent and nearby natural areas by sandhill and whooping cranes. Preservation of the Protected Property as open space/agriculturalland also ensures a lack of visual obstruction that would hamper the natural habitat of nearby natural property and use of that habitat by migratory birds. Further, the maintenance of the Protected Property in its current agricultural state also allows nearby conservation lands to be managed in ways that might not be possible with more intensive human use of the Protected Property, such as with prescribed fire; Primary threats to the current use ofthe Protected Property are conversion to incompatible uses such as rural residential housing, mining for sand and/or gravel, and construction of aerial obstructions, and it is these types of uses this Conservation Easement is designed to prohibit. In summary, the goal of preserving the Protected Property in its current state as agricultural land is to protect the Property as open space/agriculturalland for the values it provides to wildlife as highly used day use areas, as secondary roost areas, and as buffers to roost sites. C. EXISTING USES AND IMPROVEMENTS: The Protected Property has historically been used for production agriculture, grazing and haying, which shall continue to be permitted uses. Improvements on the Protected Property consist of two irrigation wells and a center pivot irrigation system. The Conservation Values of the Protected Property have not been and are not likely to be adversely affected to any substantial extent by uses of the Protected Property for production agriculture purposes to. include grazing and haying which presently exist on the Protected Property or which are authorized under this Easement. D. QUALIFIED ORGANIZATION. The Conservancy is a non-profit corporation created to preserve and conserve natural areas for aesthetic, scientific, charitable and educational purposes and is an organization qualified under Section 170(h) of the Internal Revenue Code, as that section may be amended from time to time, and in the regulations promulgated thereunder, to receive qualified conservation contributions. GRANT OF CONSERVATION EASEMENT: For and in consideration ofthe facts above recited and of the mutual covenants, terms, conditions, and restrictions herein contained and pursuant to the laws of the State of Nebraska and in particular Nebraska Code Sections 76-2,111 to 76-2,118, the Grantor hereby grants and conveys unto the Conservancy, its successors and assigns forever a Conservation Easement in perpetuity over the Protected Property consisting of the following terms and conditions ("Easement"): I. PURPOSE. It is the purpose of this Easement to assure that the Protected Property will be retained forever substantially undisturbed in its agricultural, open space and buffer condition and to prevent any use ofthe Protected Property that will significantly impair or. interfere with the Conservation Values of the Protected Property. Grantor intends that this Easement will confine the use ofthe Protected Property to activities that are consistent with the purpose of this Easement. -2-