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Draft 10-1.5-03 (clean) 16 <br />consent of the United States Department of Agriculture as provided herein, terminate or <br />modify the Easement created by this Deed in accordance with applicable state law. If the <br />Easement is terminated and the Property is sold then as required by Section 1.1 70A-14(g)(6) <br />of the IRS regulations, the Grantee shall be entitled to ercent % of the gross <br />sale proceeds or condemnation award equal to the ratio of the appraised value of this Easement <br />to the unrestricted fair market value of the Property, as these values are determined on the date <br />of this Easement, subject to any applicable law which expressly provides for a different <br />disposition of the proceeds. The Grantee and the United States of America shall divide the <br />resulting proceeds in accordance with the percentage of the purchase price of the Conservation <br />Easement that each party contributed. The percentages are _%a, for the Grantee and _'%' for <br />the United States of America.. The Grantee shall use its proceeds consistently with the general <br />conservation purposes of this Easement.. <br />All termination related expenses incurred by the Grantors and the Grantee shall be paid <br />out of any recovered proceeds prior to distribution of the net proceeds as described herein. <br />23. Procedure in the Event of Condemnation or Eminent Domain <br />Grantors and Grantee recognize that the partial sale of'this Easement gives rise to a <br />property right, immediately vested in the Grantee, with a fair market value equal to the <br />proportionate value that the Easement bears to the value of the Property prior to the restrictions <br />imposed by the Easement. Accordingly, if any condemnation or eminent domain action shall <br />be taken, on all or part of the Property, by any authorized public authority, said authority shall <br />be liable to the Grantee for the value of the property right vested in the Grantee at the time of <br />the signing of this 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 <br />of this Easement on all or part of the Property, the Easement may be terminated or modified <br />accordingly through condemnation proceedings.. If the Easement is terminated or modified and <br />any or all of the Property is sold or taken for public use, then, as required by Section 1,170A- <br />14(g)(6) of the IRS regulations, the Grantee shall be entitled to the proportionate value of the <br />Easement, which has been predetermined at percent (_%) of the Property's <br />unrestricted value, subject to any applicable law that expressly requires for a different <br />disposition of the proceeds. The Grantee shall use its proceeds consistently with the general <br />conservation purposes of this Easement. <br />If this Easement is extinguished or terminated, the United States Department of <br />Agriculture, Natural Resources Conservation Service and the Grantee shall receive its <br />proportional share of the Easement value at the time of termination.. Those proportional shares <br />of the Easement are as follows: _%; to Grantee and _%' to the United States Department of <br />Agriculture, Natural Resources Conservation Service.. <br />If, however, after the condemnation or eminent domain proceedings, a court of <br />,jurisdiction does not include in the ,just compensation awarded as a result of the taking, the <br />