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Sykes AgricultuNal Conservation Easement Draft #3 CLEAN 2 ~ <br />21. Amendment of ConseYVation Easement <br />This Conservation Easement maybe amended only with the written consent of Grantee, <br />Grantor, and the United States. Any such amendment shall be consistent with the Statement of <br />Purposes of this Conservation Easement and with Grantee's and the United States' Conservation <br />Easement amendment policies, and shall comply with Section 17o~h} of the Internal Revenue <br />Code or any regulations promulgated in accordance with that section. Any such amendment shall <br />be duly recorded. <br />22. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Protected Property change so much <br />that it becomes impossible to fulfill the conservation purposes of this Conservation Easement, a <br />court with jurisdiction may, at the~oint request of both the ~xrantor and Grantee and with rior <br />p <br />consent of the United States Department of Agriculture, terminate or modify the Conservation <br />Easement created by this Deed in accordance with applicable law. If the Conservation Easement <br />is terminated and the Protected Property is sold then as required by Section l .I 7oA-14~g}~6} of <br />the IRS regulations, Grantee shall be entitled to sixty percent X60 %} of the net sale proceeds <br />equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair <br />market value of the Protected Property, as these values are determined on the date of this <br />Conservation Easement}, subject to any applicable law which expressly provides for a different <br />disposition of the proceeds. The Grantee and the United States of America shall divide the <br />resulting proceeds in accordance with the percentage of the purchase price of the Conservation <br />Easement that each patty contributed. The percentages are 47 % for Grantee and 53 % for the <br />United States of America. <br />All termination related expenses incurred by the Grantor and Grantee shall be paid out of <br />any recovered proceeds prior to distribution of the net proceeds as described herein. <br />23. Procedure in the Event of Condemnation or Eminent Domain <br />Grantor and Grantee recognize that the sale of this Conservation Easement gives rise to a <br />property right, immediately vested in Grantee, with a fair market value equal to the proportionate <br />value that the Conservation Easement bears to the value of the Protected Property prior to the <br />restrictions imposed by the Conservation Easement. Accordingly, if any condemnation ar <br />eminent domain action shall be taken, on all or part of the Protected Property, by any authorized <br />public authority, said authority shall be liable to Grantee for the value of the property right vested <br />in Grantee at the time of the signing of this Conservation Easement. Due to the federal interest <br />in this Deed, the United States must consent to any condemnation action. <br />If condemnation ar a taking by eminent domain of a part of the Protected Property or the <br />entire Protected Property by a public authority renders it impossible to fulfill any of the <br />conservation purposes of this Conservation Easement on all or part of the Protected Property, the <br />Conservation Easement may be terminated or modified accordingly through condemnation <br />Page t4 of 20 <br />