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BOOK2605 PAGE 428 <br /> 22. Procedure in the Event of Termination of Easement <br /> If it determines conditions on or surrounding the Property change so much that it <br /> becomes impossible to fulfill the conservation purposes of this Easement, a court with jurisdiction <br /> may, at the joint request of both the Grantor and the Grantee,terminate or modify the Easement <br /> created by this Deed in accordance with applicable state law. If the Easement is terminated and <br /> the Property is sold then as required by Section 1.1 70A -14(g)( 6) of the IRS regulations, the <br /> Grantee shall be entitled to a percentage of the gross sale proceeds equal to the ratio of the <br /> appraised value of this Easement to the unrestricted fair market value of the Property, as these <br /> values are determined on the date of this Easement, subject to any applicable law which expressly <br /> provides for a different disposition of the proceeds. The Grantee shall use its proceeds <br /> consistently with the general conservation purposes of this Easement. <br /> All termination related expenses incurred by the Grantor 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 /> 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 of <br /> this Easement, the Easement may be terminated or modified through condemnation proceedings. <br /> If the Easement is terminated and the Property is sold or taken for public use, then, as required by <br /> Section 1.170A-14(g)( 6) of the IRS regulations, the Grantee shall be entitled to a percentage of <br /> the gross sale proceeds or condemnation award equal to the ratio of the appraised value of this <br /> Easement to the unrestricted fair market value of the Property, as these values are determined on <br /> the date of this Easement, subject to any applicable law which expressly requires for a different <br /> disposition of the proceeds. The Grantee shall use its proceeds consistently with the general <br /> conservation purposes of this Easement. All termination-related or condemnation-related <br /> expenses incurred by the Grantor and the Grantee shall be paid out of any recovered proceeds <br /> prior to distribution of the net proceeds as described herein. <br /> 24. Interpretation <br /> This Easement shall be interpreted under the laws of the State of North Carolina, <br /> resolving any ambiguities and questions of the validity of specific provisions so as to give <br /> maximum effect to its conservation purposes. <br /> 25. Perpetual Duration; Severability <br /> The Easement created by this Deed shall be a servitude running with the land in <br /> perpetuity .Every provision of this Deed that applies to the Grantor or the Grantee shall also apply <br /> to their respective agents, heirs, Executors, administrators,assigns, and all other successors as <br /> their interests may appear .Invalidity of any of the covenants,terms or conditions of this <br /> Easement, or any part thereof by court order or judgment shall in no way, affect the validity of <br /> any of the other provisions hereof which shall remain in full force and effect. <br /> 26.Notices <br /> Any notices required by this Deed shall be in writing and shall be personally delivered or <br /> sent by first class mail to the Grantor and the Grantee respectively at the following addresses, <br /> unless a party has been notified in writing by the other of a change of address: <br />