S Warranty Deed of Agricultural Conservation Easement Victor Carl Walters, Jr and Elizabeth T Walters

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approval of the United States Department of Agriculture, the Grantee shall have the right to transfer the Easement created by this Deed to any public agency or to any private nonprofit organization approved by Grantee, such approval to not be unreasonably withheld, that, at the time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the responsibility imposed on the Grantee by this Deed. If the Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by this Easement. 20. Transfer of Property The Grantors agree to incorporate by reference the terms of this Easement in any deed or other legal instrument by which they transfer or divest themselves of any interests, including leasehold interests, in all or a portion of the Property. The Grantors shall notify the Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest _ therein. Failure of Grantors to do so shall not impair the validity of this Easement or limit its enforceability in any way. 21. Amendment of Easement This Easement may be amended- only with the written consent of the Grantee and the Grantors. Any such amendment shall be consistent with the Statement of Purposes of this Easement and with the Grantee's Easement amendment policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded. Grantee shall give notice of any amendment to and secure prior approval from the United States Department of Agriculture, Natural Resources Conservati®n Service. - - - =- 22. Procedure in the Event of Termination of Easement If it determines that conditions on or surrounding the Property change so much that it becomes impossible to fulfill the conservation purposes of this Easement, a court with jurisdiction may, at the joint request of both the Grantors and the Grantee and with prior consent of the United States Department of Agriculture as provided herein, terminate or modify the Easement created by this Deed in accordance with applicable state law. If the Easement is terminated and the Property is sold then as required by Section 1.1 70A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to sixty percent (60%) of the gross sale proceeds equal tothe ratio of the appraised value of this Easement to the unrestricted fair market value of the Property, as these values are determined on the date of this Easement, subject to any applicable law which expressly provides for a different disposition of the proceeds. The Grantee and the United States of America shall divide the resulting proceeds in accordance with the percentage of the purchase price of the Conservation Easement that each party contributed. The percentages are 52 % for the Grantee and 48 % for the United States of Page 11 of 20