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McKee Agricultural Corrser~~ation Easement <br />Draft #4 (BOCC) J <br />Easement in an instrument of transfer or conveyance or to notify Grantee of a transfer or <br />conveyance shall not impair the validity of this Conservation Easement or limit its enforceability <br />m any way. <br />2.2. An:errrlment oJConservation Easement <br />This Conservation Easement maybe amended only with the written consent of Grantee, <br />Grantors, and the United States.. Any such amendment shall be consistent with the Statement of <br />Purposes of this Conservation Easement and with Grantee's Conservation Easement amendment <br />policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations <br />promulgated in accordance with that section. Any such amendment shall be duly recorded, <br />23. Procedure in the Event of Termination of Conservation Easement <br />If it determines that conditions on or surrounding the Property change so much that it <br />becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court <br />with jurisdiction may, at the,joint request of both the Grantors and Grantee and with prior <br />consent of the United States Department of Agriculture as provided herein, terminate or modify <br />the Conservation Easement created by this Deed in accordance with applicable law. If the <br />Conservation Easement is terminated and the Property is sold then as required by Section 1.1 <br />70A-14(g)(6) ofthe IIZS regulations, Grantee shall be entitled to seventy-three percent (73%) of <br />the net sale proceeds (equal to the ratio of the appraised value of this Conservation Easement to <br />the rrmestricted fair market value of the Property, as these values are deternrined on the date of <br />this Conservation Easement), subject to any applicable law which expressly provides for a <br />different disposition of the proceeds. The Grantee and the United States of America shall divide <br />the resulting proceeds in accordance with the percentage of the purchase price of the <br />Conservation Easement that each party contributed. The percentages are _% for the Grantee <br />and % for the United States of America., <br />All termination related expenses incurred by the Grantors and Grantee shall be paid out of <br />any recovered proceeds prior to distribution of the net proceeds as described herein. <br />24. Procedure in the Event of Condemnation or Eminent Domain <br />Grantors and Grantee recognize that the partial sale of this Conservation Easement gives <br />rise to a property right, immediately vested in Grantee, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Property prior to the <br />restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or <br />eminent domain action shall betaken, on all or part of the Property, by any authorized public <br />authority, said authority shall be liable to Grantee for the value of the property right vested in <br />Grantee at the time of'tlre signing of this Conservation Easement. Due to the federal interest in <br />this Deed, the United States must consent to any 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 full 11 any of the conservation purposes of <br />Page 1.3 of 18 <br />