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No alteration or variation of this instrument shall be valid or binding unless contained <br />in an amendment that complies with Section 12. <br />18.6 No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of <br />Grantor's title in any respect. <br />18.7 "Grantor" - "Grantee" — "Co -Grantee". The terms "Grantor," "Grantee," and "Co - <br />Grantee," wherever used in this instrument, and any pronouns used in the place thereof, <br />shall be held to mean and include, respectively the above-named Grantor and its <br />successors and assigns, the above-named Grantee and its successors and assigns, and <br />the above-named Co -Grantee and its successors and assigns. The term "Grantor" shall <br />also include any party taking ownership of the Protected Property, or any portion <br />thereof, subsequent to the foreclosure of any mortgage or deed of trust. <br />18.8 Successors. The covenants, terms, conditions, and restrictions of this Easement shall <br />be binding upon, and inure to the benefit of, the Parties and their respective successors <br />and assigns, and to any party taking ownership of the Protected Property, or any portion <br />thereof, subsequent to the foreclosure of any mortgage or deed of trust, and shall <br />continue as a servitude in perpetuity with the Protected Property. <br />18.9 Captions. The captions in this instrument have been inserted solely for convenience <br />and ease of reference and are not a part of this instrument and shall have no effect upon <br />construction or interpretation. <br />18.10 Counterparts. The Parties may execute this instrument in two or more counterparts, <br />which shall, in the aggregate, be signed by both Parties; each counterpart shall be <br />deemed an original instrument as against any party who has signed it. In the event of <br />any disparity between the counterparts produced, the recorded counterpart shall be <br />controlling. <br />18.11 Authority. The individuals signing below, if signing on behalf of any entity, <br />represent and warrant that they have the requisite authority to bind the entity on whose <br />behalf they are signing. <br />18.12 Recitals. The Parties agree that the terms and recitals set forth in Section 1 (among <br />other terms of this Easement) are material to this Easement, and that each Party has <br />relied on the material nature of such terms and recitals in entering into this Easement. <br />Each term and recital set forth in Section 1 is fully incorporated into this Easement. <br />19 This Grant Deed of Agricultural Conservation Easement is acquired with funds provided, <br />in part, under the Agricultural Conservation Easement Program (ACEP). The EXHIBIT F <br />is attached hereto and incorporated herein by reference and will run with the land in <br />perpetuity. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a <br />condition of receiving ACEP funds, all present and future use of the Protected Property <br />-34- <br />