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Draft 10-1.5-0.3 (clean) 15 <br />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 Easement without the prior consent of the <br />Secretary of the United States Department of Agriculture and payment consideration to the <br />United States, then, at the option of such Secretary, all right, title, and interest in this <br />Easement shall become vested in the UNITED STATES OF AMERICA. <br />19. Transfer of Easement <br />Subject to the contingent rights of the United States of America as specified in <br />paragraph 16 and other pertinent paragraphs herein, and with timely written notice to and <br />approval of'the United States Department of Agriculture, the Grantee shall have the right to <br />transfer the Easement created by this Deed to any public agency or to any private nonprofit <br />organization approved by Grantee, such approval to not be unreasonably withheld, that, at the <br />time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue <br />Code, as amended and under NCGS 121-34 et seq., provided the agency or organization <br />expressly agrees to assume the responsibility imposed on the Grantee by this Deed. If the <br />Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal <br />Revenue Code, or applicable state law, a court with jurisdiction shall transfer this Easement to <br />another qualified organization having similar purposes that agrees to assume the responsibility <br />imposed by this Easement. <br />20. Trmtsfer of Property <br />The Grantors agree to incorporate by reference the terms of this Easement in any <br />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 the <br />Grantee in writing at least thirty (.30) days before conveying the Property, or any part thereof <br />or interest therein. Failure of Grantors to do so shall not impair the validity of this Easement <br />or limit its enforceability in any way. <br />21. Amendment of Easement <br />This Easement may be amended only with the written consent of the Grantee and the <br />Grantors. Any such amendment shall be consistent with the Statement of Purposes of this <br />Easement and with the Grantee's Easement amendment policies, and shall comply with Section <br />170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that <br />section. Any such amendment shall be duly recorded, Grantee shall give notice of any <br />amendment to and secure approval from the United States Department of Agriculture, Natural <br />Resources Conservation Service. <br />22. Procedure irz the Event of Terrnir:ation of 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 Easement, a court with <br />jurisdiction may, at the ,joint request of both the Grantors and the Grantee and with prior <br />