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Page 12 of 18 <br />Easement Area. The Grantor shall notify the Grantee in writing at least thirty (30) days before <br />conveying the Easement Area, or any part thereof or interest therein. Failure of Grantor to do <br />so shall not impair the validity of this Conservation Easement or limit its enforceability in any <br />way. <br /> <br />10. AMENDMENT OF EASEMENT. This Conservation Easement may be amended <br />only with the written consent of Grantor and Grantee. Any such amendment shall be <br />consistent with the purposes of this Conservation Easement and shall comply with Sec. 170(h) <br />of the Internal Revenue Code, or any regulations promulgated in accordance with that section. <br />Any such amendment shall also be consistent with the Uniform Conservation and Historic <br />Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., or any regulations promulgated <br />pursuant to that law. The Grantor and Grantee have no right or power to agree to any <br />amendment that would affect the enforceability of this Conservation Easement. <br /> <br />11. PROCEDURE IN THE EVENT OF TERMINATION OF CONSERVATION EASEMENT. If <br />it is determined that conditions on or surrounding the Property have changed so much that it is <br />impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at <br />the joint request of both the Grantors and Grantees, terminate this Conservation Easement. <br /> <br />If condemnation of a part of the Property or of the entire Property by public authority <br />renders it impossible to fulfill any of these conservation purposes, the Conservation Easement <br />may be terminated through the condemnation proceedings. <br /> <br />At the time of the conveyance of the Conservation Easement to the Grantee, this <br />Conservation Easement gives rise to a real property right, immediately vested in the Grantee. If <br />the Conservation Easement is terminated and the Property is sold or taken for public use, then, <br />as required by Sec. 1.170A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to <br />sixteen percent (16%) of the net proceeds attributable to the sale of the Property (equal to the <br />ratio of the appraised value of this Conservation Easement to the unrestricted fair market value <br />of the Property, as these values are determined on the date of this Conservation Easement), <br />subject to any applicable law which expressly provides for a different disposition of the <br />proceeds. <br /> <br /> If, however, after the condemnation or eminent domain proceedings, a court of <br />jurisdiction does not include in the just compensation awarded as a result of the taking, the <br />amount of the Conservation Easement value, then the Grantor shall not be responsible to share <br />any proceeds awarded. <br /> <br />All condemnation 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 /> <br />24