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Draft #4 clear: (9/14/04) ~ ~ <br />conveyance shall not impair the validity of this Conservation Easement or' limit its enforceability <br />in any way. <br />22, Amendment of Conser~~atiw: Easement <br />This Conservation Easement maybe amended only with the written consent of Grantee <br />and the Grantors. Any such amendment shall be consistent with the Statement of Purposes of <br />this Conservation Easement and with Grantee's Conservation Easement amendment policies, and <br />shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated <br />in accordance with that section. Any such amendment shall be duly recorded.. <br />Z.3. Prrocedur'e 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,jurisdictionrnay, at the joint request of both the Grantors and the parties Grantee, terminate <br />or modify the Conservation Easement created by this Deed in accordance with applicable State <br />law, If the Conservation Easement is terminated and the Property is sold, then as required by <br />Section 1,1 70A-14(g)(6) of the IRS regulations, Grantee shall be entitled to fifty-seven percent <br />(57 %) of the net sale proceeds (equal to the ratio of the appraised value of this Conservation <br />Easement to the unrestricted fair market value of the Property, as these values are determined on <br />the date of this Conservation Easement), subject to any applicable law which expressly provides <br />for a different disposition of the proceeds. <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 />l4. Procedure in the Everrt 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 be taken, 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 the signing of this Conservation Easement, <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 Conservation Easement on all or part of the Property, the Conservation Easement maybe <br />terminated or modified accordingly through condemnation proceedings. Grantors 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 has to the unencumbered value of the fee, <br />as of the date of this grant.. If the Conservation Easement is terminated or modified and arry or all <br />of the Property is sold or taken for public use, then, as required by Section 1,170A-14(g)(6) of <br />