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America. The Grantee shall use its proceeds consistently. with the general conservation <br />purposes of this Easement. <br />All termination related expenses incurred by the Grantors and the Grantee shall be paid <br />out of 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 />Grantors and Grantee recognize that the partial sale of this Easement gives rise to a property <br />right, immediately vested in the Grantee, with a fair market value equal to the proportionate <br />value that the Easement bears to the value of the Property prior to the restrictions imposed by <br />the Easement. Accordingly, if any condemnation or eminent domain action shall be taken, on <br />all or part of the Property, by any authorized public authority, said authority shall be liable to <br />the Grantee for the value of the property right vested in the Grantee at the time of the signing <br />of this Easement. Due to the federal interest in this Deed, the United States must consent to <br />any such condemnation action. <br />If condemnation or a taking by eminent domain of a part of the Property or the entire <br />Property by a public authority, renders it impossible to fulfill any of the conservation purposes <br />of this Easement on all or part of the Property, the Easement may be terminated or modified <br />through condemnation proceedings. If the Easement is terminated or modified and any or all <br />of the Property is sold or taken for public use, then, as required by Section 1.170A-14(g)(6) of <br />the IRS regulations, the Grantee shall be entitled to the proportionate value of the Easement, <br />which has been predetermined at sixty percent (60 %) of the Property's unrestricted value, <br />subject to any applicable law which expressly requires for a different disposition of the <br />proceeds. The Grantee shall use its proceeds consistently with the general conservation <br />purposes of this Easement. <br />If this Easement is extinguished or terminated, the United States and the Grantee shall - -~ <br />- -receive-its proportional share of the Easement=value at the time of terrrunation. Those _,- - - <br />proportional shares of the Easement are as follows: 52 % to Grantee and 48 % to the United <br />States. <br />If, however, after the condemnation or eminent domain proceedings, a court of <br />jurisdiction does not include in the just compensation awarded as a result of the taking, the <br />amount of the Easement value, then the Grantor shall not be responsible to share any proceeds <br />awarded. <br />All termination-related or condemnation-related expenses incurred by the Grantors and <br />the Grantee shall be paid out of any recovered proceeds prior to distribution of the net <br />proceeds as described herein. <br />Page 12 of 20 <br />