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<br />I <br /> <br />Page Three <br /> <br />83..;;;;. 006784 <br /> <br />The right of the Conservancy to enforce by proceedings at laws or in <br />equity, the covenants hereinafter aet forth, including but not <br />limited to, the right to require the restoration of the Property to <br />the conditioIl prior to breach of this easemeIlt (subject to the <br />RESERVED ~IGllTS of the Trust hereinafter set forth) provided, <br />however, that the Conservancy shall notify the Trust of any breach <br />within 90 days after the Conservancy diacovers the bresch or should <br />have discovered the breach and the Conservancy inspected the property <br />at reasonable intervals. Nothing herein shall be construed to <br />entitle the Conservancy to institUl:e any enforcement proceeding <br />against the Tnu;t for any changes to the Property due to (1) causes <br />beyond the Trust's control, such as changes csused by fire, flood, <br />storm, or (2) civil or military authorities undertaking emergency <br />action. <br /> <br />The Conservancy shall bave reasonable rights of access to and entry <br /> <br />upon the Property at any reasonable time, provided that sucb access and entry <br /> <br />shall not unreasonably interfere with the habitat or habitat management or <br /> <br />agricultural operations then being carried on upon the Property. <br /> <br />AND IN FURTHERANCE of the foregoing affirmative rights, the Trust on <br /> <br />behalf of it.self, its successors and assigns, and with the intent that the <br /> <br />same shall tun with and bind the Property in perpetuity, does hereby make, <br /> <br />with respect to the Property, subject to the Trust's Reserved Righta <br /> <br />hereinafter set forth the following: <br /> <br />COVENANTS <br /> <br />1. There shall be no residential, commercial or industrial <br /> <br />development or use of the Property; provided, however, that the current <br /> <br />agricultural operation on the Property may be continued so long as it is <br /> <br />compatible with the preservation of the Property as crane habitat. <br /> <br />2. There shall be no buildings, roads, improvements, billboards, or <br /> <br />advertising material, camping accolllmodations or other structures constructed <br /> <br />or placed upon the Property, provided, however, that buildings, structures and <br /> <br />@Bds which are reasonably necessary to support the existing agricultural <br /> <br />operation on the Property and which are not .incompatible with the protection <br /> <br />and _intenance of whooping and sandhill crane habitat may be constructed and <br /> <br />maintained thereon. <br /> <br />.>. There shall be no extraction of sand, gravel or other minerals <br /> <br />froll or upon the Property, unless done solely for the purpose of improving <br /> <br />vbooplna and annan!ll crane habitat. <br /> <br />4. ~re shallne no use or operation of motorl~ed vehicles, eXcbpt <br /> <br />~ <br /> <br />~btn re.'o~b11nece8aary In conjunction with the management of the Property, <br /> <br />re.e.nm progta'lu, eonduet'i'd on the Froperty, or the agricultural o~r.lltion on <br /> <br />the 1>r"p.n,., provided u...t in no .,.ent "hall ..,,'Ct, u.se he ,,110"'''0 if 11: 16 <br /> <br />11ll\''''''i''''tH,1..~ "';H.h prl>tectl"El of the """"opinl\ "fa,,,, or sandh1l1 ~n"'e h"bital. <br />