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"1 <br />interest immediately vested in Grant.eSe:r', which, for the <br />purposes of paragraph 9, the parties stipulate to have a fair <br />market value determined by multiplying the fair marl• et value <br />of the Property unencumbered by the Easement. (minun any <br />i nc:rease i n value after the date of this grant attributable <br />to improvements) by the ratio of the values of the Easement at <br />the time of this grant to the value of the Property, without <br />deduction for the value of they Easements at the time of this <br />grant. The values at the time of this grant shall be those <br />values used to calculate the deduction for federal income tax <br />purposes ,allowable by reason of this grant, pursuaant. to <br />Section 170(h) of the Internal. Revenue Code of 1954, as <br />amended. For the purposes of this paragraph, t.ho ratio of <br />the value of the Easement to the value of the Fr:aperty <br />unencumbered by the Easement shall remain c.onstait. <br />A,% 10n 10. Amendment. If circumstances arise undo- which an <br />!" amendment to or mod i f fcati on of this Easement would be <br />apprcapr'iate, Grantors and Grantee are free to _jointly amend <br />this Easement; provided that no amendment shall ae allowed <br />that will affect the qualification of t.h i l Eaasemant or the <br />status of Grantee under any applicable laws; including North <br />Carolina statute or Section 170(h) of the Internal Revenue <br />Codes of 1954, as amended, and any amendment shall be <br />consistent with the purpose oT this EFa5vment, and shall not <br />affect its perpetual duration. Any such amendment shall be <br />recorded in the official records of Orange County, North <br />Carolina. <br />27 <br />