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Draft 11 -10 -04 16 <br />In the event that Grantee fails to enforce any of the terms of this Conservation Easement <br />as determined in the sole discretion of the Secretary of the United States Department of <br />Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the <br />right to enforce the terms of the Conservation Easement through any and all authorities available <br />under federal or State law. In the event that Grantee attempts to terminate, transfer, or otherwise <br />divest itself of any rights, title, or interests of this Conservation Easement without the prior <br />consent of the Secretary of the United States Department of Agriculture and payment of <br />consideration to the United States, then, at the option of such Secretary, all right, title, and <br />interest in this Conservation Easement shall become vested in the UNITED STATES OF <br />AMERICA. <br />20. Transfer of Conservation Easement <br />Subject to the contingent rights of the United States of America as specified in paragraph <br />16 and other pertinent paragraphs herein, and with timely written notice to and approval of the <br />United States Department of Agriculture, Grantee shall have the right to transfer the Easement <br />created by this Deed to any public agency, provided the agency or organization expressly agrees <br />to assume the responsibility imposed on the Grantee by this Deed. <br />21, Transfer of Property <br />The Grantors agree to incorporate by reference the terms of this Conservation Easement <br />in any deed or other legal instrument by which they transfer or divest themselves of any interests, <br />including leasehold interests, in all or, a portion of the Property. The Grantors shall notify <br />Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or <br />interest therein. Failure of Grantors to incorporate by reference the terms of this Conservation <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 />in any way. <br />22. Amenclment of Conservation Easement <br />This Conservation Easement may be 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. Grantee shall give <br />notice of any amendment to and secure prior written approval from the United States, <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 thejoint request of both the Grantors and Grantee and with prior <br />