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19 <br /> Grantor is responsible for obtaining liability insurance covering the Property with limits deemed necessary by <br /> Grantor,in its sole discretion. <br /> Grantor agrees to indemnify and hold Grantee and the State of North Carolina harmless from any and all costs, <br /> claims or liability, including but not limited to reasonable attorney fees arising from any personal injury,accidents, <br /> negligence or damage relating to the Protected Property, or any claim thereof,unless due to the negligence of <br /> Grantee or its agents,in which case liability shall be apportioned accordingly. <br /> ARTICLE VI. MISCELLANEOUS <br /> 6.1. Recording. Grantee shall record this instrument in a timely fashion in the official record of Orange County,North <br /> Carolina, and may re-record it at any time as may be required to preserve the rights of the Grantee,the State,and <br /> the United States under this Easement. <br /> 6.2. Survival of Terms/Merger of Fee and Easement. The Grantor and Grantee agree that the terms of this Easement <br /> shall survive any merger of this fee and easement interest in the Protected Property. In the event the Grantee <br /> becomes owner of the Protected Property,or any portion thereof, Grantee shall transfer any right title and interest <br /> in this Easement to a third party in accordance with sections 4.4. <br /> 6.3. Amendment of Easement. This easement may be amended by a written instrument executed by the Grantee and <br /> the Grantor and approved by the Commissioner of Agriculture. Any such amendment shall be consistent with the <br /> Statement of Purpose of this Conservation Easement and with the Grantee's Conservation Easement amendment <br /> policies, and shall comply with 26 U.S.C.§ of the Internal Revenue Code or any regulations promulgated in <br /> accordance with that section. Any such amendment shall be recorded. Grantee shall give notice of any <br /> amendment to and secure approval from,the North Carolina Department of Agriculture and Consumer Services <br /> prior to signing and recordation and,must receive written consent prior to awarding the easement. <br /> 6.4. Procedure in the Event of Termination of Easement. If it is determined that conditions on or surrounding the <br /> Protected Property change so much that it becomes impossible to fulfill the conservation purposes of this <br /> Easement, a court with jurisdiction may, at the joint request of both the Grantor and the Grantee and with prior <br /> written consent of the State of North Carolina, as provided herein,terminate or modify the Easement created by <br /> this Easement in accordance with applicable State law. <br /> If the Easement is terminated and the Protected Property is sold then as required by Section 1 of 170A-14(g) (6)of <br /> the IRS regulations,the Grantor,the Grantee,NC ADFP Trust Fund shall be entitled to recover the proceeds of the <br /> conservation easement based on the appraised fair market value of the conservation easement at the time the <br /> easement is extinguished or terminated, subject to any applicable law which expressly provides for a different <br /> disposition of the proceeds. The respective shares of the Grantor,the grantee, and NC ADFP Trust Fund shall be <br /> proportionate to the percentage of their original investment. The grantor's percent is 25%,the Grantee's percent is <br /> 49% and NC ADFP Trust fund's percent is 26%. <br /> 6.5. Procedure in the Event of Condemnation or Eminent Domain. Grantor and Grantee recognize that the sale of this <br /> Easement, or any part thereof,gives rise to a property right, immediately vested in the Grantee with a fair market <br /> 13 <br />