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DocuSign Envelope ID:9A4D309B-6AAB-44AA-9D5E-839E5DD918EF <br /> A84730 19 8114 <br /> approval not to be unreasonably withheld, and (b) at the time of transfer, is a "qualified organization" <br /> under Sec. 170(h) of the U.S. Internal Revenue Code, and under N.C.G.S. 121-34 et seq., and (c) the <br /> agency or organization expressly agrees to assume the responsibility imposed on Grantee by this <br /> Conservation Easement. If Grantee ever ceases to exist or no longer qualifies under Sec. 170(h) or <br /> applicable state law, or to be authorized to acquire and hold conservation easements, or should Grantee <br /> acquire the entire fee interest in the Property, then Grantee's rights and obligations under this Easement <br /> shall become immediately vested in the County of Orange. <br /> 10. Transfer of Property. Any time the Property or any portion thereof or any interest in it is <br /> transferred by Grantor to any third party, Grantor shall notify Grantee in writing prior to the transfer of <br /> the Property,and the document of conveyance shall expressly refer to this Conservation Easement. <br /> 11. Amendment of Easement. This easement may be amended only with the written consent <br /> of Grantor and Grantee. Any such amendment shall be consistent with the purposes of this Conservation <br /> Easement and Grantee's easement amendment policies,and shall comply with Sec. 170(h)of the Internal <br /> Revenue Code, or any regulations promulgated in accordance with that section. Any such amendment <br /> shall also be consistent with N.C.G.S. 121-34 et seq. or any regulations promulgated pursuant to that law. <br /> 12. Termination of Easement, If it is determined that conditions on or surrounding the <br /> Property change so much that it becomes impossible to fulfill its conservation purposes, a court with <br /> jurisdiction may,at the joint request of both Grantor and Grantee,terminate this Conservation Easement, <br /> If condemnation of a part of the Property or of the entire Property by public authority renders it <br /> impossible to fulfill any of these conservation purposes, the Conservation Easement may be terminated <br /> through condemnation proceedings.Grantee shall use any condemnation proceeds it receives consistently <br /> with the conservation purposes of this Conservation Easement. <br /> If the condemnation is by a governmental authority other than Grantor, all condemnation related <br /> expenses incurred by Grantor and Grantee shall be paid out of any recovered proceeds prior to <br /> distribution of the net proceeds as described herein. If the condemnation is by Grantor,Grantor shall pay <br /> all related condemnation expenses except Grantee's attorney fees. <br /> 13. Interpretation. This Conservation Easement shall be interpreted under the laws of North <br /> Carolina, resolving any ambiguities and questions of the validity of specific provisions so as to give <br /> maximum effect to its conservation purposes. <br /> 14. Perpetual Duration. This Conservation Easement shall be a servitude running with the <br /> land in perpetuity. Every provision of this Conservation Easement that applies to Grantor or Grantee <br /> shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other <br /> successors as their interests may appear. <br /> 15. Inconsistent Use. There may be no use or activity on the Property that,while consistent <br /> with one of the stated Conservation Purposes of this Conservation Easement,would permit destruction of <br /> other significant conservation interests. A use that is destructive of conservation interests will be <br /> permitted only if such use is necessary for the protection of the conservation interests that are the subject <br /> of this Conservation Easement. <br /> 8 <br />