S Easement - Sykes Family Limited Partnership

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~~~~~~a~~~~~1~~~~~~~u~~~~~ ~ ~~~~~~~~~ ~~ ~~~ 46 14/34 transfer or conveyance shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 21. Amendment of Conservation Easement This Conservation Easement may be amended only with the written consent of Grantee, Grantor, and the United States. Any such amendment shall be consistent with the Statement of Purposes of this Conservation Easement and with Grantee's and the United States' Conservation Easement amendment policies, and shall comply with Section 170(h) of the Intern evenue Code or any regulations promulgated in accordance with that section. Any such e ment ~ sha(1 be duly recorded. 22. Procedure in the Event of Termination of Conservation Eas ~a~ If it determines that conditions on or surrounding the Protec Prope ange ~ much that it becomes impossible to fulfill the conservation purposes of t' servat Easement, a court with jurisdiction may, at the joint request of both the Gra and tee a with prior consent of the United States Department of Agriculture, te ate or modi t onservation Easement created by this Deed in accordance with applicab law. If the o rvation Easement is terminated and the Protected Property is sold then as eq 'r d by Secti 1.1 70A-14(g)(6) of the IRS regulations, Grantee shall be entitled to sixty ent °o of net sale proceeds (equal to the ratio of the appraised value of this Co e i Ea to the unrestricted fair market value of the Protected Property, as these u s are t i ed on the date of this Conservation Easement), subject to any appli e la hich e ssly provides for a different disposition of the proceeds. The Grantee a t tates f America shall divide the resulting proceeds in accordance with th e enta the urchase price of the Conservation Easement that each party contributed. e pe~~ntage r 47 % for Grantee and 53 % for the United States of America. rJ All termination related en i urr~D~~'b~the Grantor and Grantee shall be paid out of any recovered proceeds prior distributi f t t~net proceeds as described herein. 23. Procedur~4,~z th~~nt of C~fidemnation or Eminent Domain Grantor an ntee re ize that the sale of this Conservation Easement gives rise to a property right, i e i Grantee, with a fair market value equal to the proportionate value that the nse ~ n Easement bears to the value of the Protected Property prior to the restrictions impo by th o servation Easement. Accordingly, if any condemnation or eminent ain acti hall taken, on all or part of the Protected Property, by any authorized public 'ty, said a ority shall be liable to Grantee for the value of the property right vested in G at th me of the signing of this Conservation Easement. Due to the federal interest in this e, e United States must consent to any condemnation action. If condemnation or a taking by eminent domain of a part of the Protected Property or the entire Protected Property by a public authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement on all or part of the Protected Properiy, the Page 14 of 20