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1 � �IJ��I ��11 II111illmilil <br />RB6400 54 13/22 <br />22. Procedure in the Evenf offerinination of'C"onservation Easement <br />if determines that conditions oil or surrounding the Property chant so much that it <br />becomes impossible to fulfill the conservation purposes of this Conservation Easement, a, Court <br />with jurisdiction may, rat the joint request of both the Grantor and Grantee, terminate or modi(v <br />the Conservation E",asement created by this Deed in accordance with applicable law. If the <br />Conservation Easement is terminated and tile Property is sold, then as required by Section l,1 <br />70A- I 4(g)(6) of the IRS regulations, the Grantee shall be entitled as percentage of gross sale <br />proceeds or condemnation award (minus any amount attributed to new improvements made after <br />the date of the conveyance, which amount shall be reserved to Grantor), equal to the ratio of the <br />appraised value of this Conservation Easement to the unrestricted fair market value of the <br />Property, as these values are determined on tile elate of this Conservation Easement), subject to <br />any applicable law which expressly provides for a different disposition of the proceeds. <br />All termination related expenses, including reasonable attorney fees, incurred by the <br />Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the <br />net proceeds as described herein. <br />23. Pre)cedure in th Eveni 4,,?f (.7onotinnalion or Difinent Domain <br />Grantor and Grantee recognize that the partial sale of this Conservation Easeirient gives <br />rise, to a property right, immediately vested in the Grantee, with a fair market value equal to tile <br />proportionate value that the Conservation Easement bears to tile, value of the Property prior to the <br />restrictions imposed by the Conservation Easement,, Accordingly, ifany condemnation or <br />eminent domain action shall be taken, oil all or part of the Property, by any authorized public <br />authority, said authority shall be liable to the Grantee for the value of the property right vested in <br />the Grantee at the tinge of the signing of this Conservation Easement. <br />If condemnation or a taking by eminent domain of a part ofthe Property or the entire <br />Property by as public authority renders it impossible to fulfill any of the conservation purposes of <br />this Conservation Easement on all or part of the Property, this Conservation Easement may be <br />terminated or modified accordingly through condemnation proceedings. Grantor and Grantee <br />agree that the Conservation Easement is a currently vested real property right with a value equal <br />to the proportionate value the Conservation Easement to the unencumbered value of the fee, as of <br />the date of this grant. If the Conservation Easement is terminated or modified and any or all of <br />the Property is sold or taken for public use, then, as required by Section L 170A-14(g)(6) of the <br />IRS regulations, Grantee shall be entitled to [lie percentage of gross sale proceeds or <br />condemnation award (rninus any amount attributed to new improvements made after the date of <br />the conveyance, which amount shall be reserved to Grantor), equal to the ratio of the appraised <br />value of this Conservation Easement to the unrestricted fair market value of the Property, as <br />these values are determined on the date, of this Conservation Easement, subject to any applicable <br />law which expressly requires for a, different disposition of (lie, proceeds. <br />If, however, after the condemnation or erninent domain proceedings, a court of <br />jUrisdiction does not include in the just compensation awarded as a result of the taking the <br />