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Filed for Record 0712812025 09:06:15 AM - Kittitas County, WA Auditor -202507280009 PageT of 23 1. Recordation. Grantee witl record this Easement in a timely fashion in the ofliclal records of Kiftitas County, Washington, and ln any other appropriate iurisdictions, and may re' record it at any time as may be required to preserve its rights in this Easement. 2. Controlling Law and lnterpretation. The interpretation and performance of this Easement is govemed by the laws of the State of Washington. Any general rule of construction to the contrary notwithstanding, this Easement will be liberally construed in favor of the grant lo affect the Purpose of this Easement, the policies and purpose of the TDR Program and the policy and punoses of RCW 54.04'130 and chapters 84.33 and 84'34 RCW. lf any provision in this instrument is found to be ambiguous; 811 interpretation consistent with the Purpose that would render thg provision valid will be favored over any interpretation that would render it invalid. 3. Severability-Entire Agreement-No Forfeiture. lf any provision of this Easement, or its application to any person or circumstance, is found lo be invalid, the remainder of the provisions of this Easement and the application of such provision to any other persons gr in any olher circumstances shall remain valid. This instrument sets forth the entire agreement of the Parties with respect to the Property and supersedes all prlor discusgions, negotiations, understandings, or agreements relating to the Property, all of which are merged into this Easement. 4. Assignmlnt. This Easement is transferabte, but Grantee may assign itq rights and obligations under this Easemeni, with Grantors written approval, only to Grantee's judicially appointed successor or a publicly supporled, tax-exempt nonprolit organizalion' qualified under Seclions 501(cX3) and 170(h) ofthe lnternal Revenue Gode of 1986' as amended, and also quatified as a nonprofrt nature conservancy corporation under RCW A4.04.130 and 84.34.250. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the Purpose of this Easement. S. Merger. ln the event that Grantee acquires the fee title to all or a portion of the Property subject to this Easernent, it is the intent of the Parties, both Grantor and Grantee, that no merger of tile shall take place that would merge lhe restrictions of this Easement with fee tige to the property, notwithstanding any otheruise applicable tegaldoctrine under which such property interesls would or might be merged. As lhe Parties intend that no such merger lake place, and in view of the public interest in the enforcement of this Easement, the restrictions on the use of the Property, as embodied in this Easement shall, ln the event fee title becomes vested in Giantee, become and remain permanent and perpetual restrictions on the use of the Property as provided for herein. Grantee, as successor in title to Granlor under the circumstances described in the foregoing sentence, shall observe and be bound by the obligations of Grantor and the restrictions imposed on the Property by this Easement. 6. Counterparts. The Parties may execute this instrument in two or more counterparts, which will be signed by both Parties. Each counterpart shall be deemed an original