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29 <br /> will be such that the transferee or assignee will be required to continue to carry out in perpetuity <br /> the conservation purposes that the contribution was originally intended to advance as set forth in <br /> the recitals above,which recitals are incorporated herein by this reference. Grantee, its successors <br /> or assigns, hereby covenants and agrees to monitor and observe the Property in perpetuity for the <br /> purposes set forth in this Conservation Easement. <br /> 11. TRANSFER OF PROPERTY <br /> Any time the Property itself, or any interest in it, is transferred by the Grantor to any third parry, <br /> the Grantor shall notify the Grantee in writing at least thirty (30) days prior to the transfer of the <br /> Property (except where otherwise expressly stated). IN THE EVENT OF ANY <br /> CONVEYANCE OF ANY INTEREST IN THE PROPERTY, GRANTOR, ITS <br /> SUCCESSORS AND ASSIGNS SHALL IDENTIFY THIS CONSERVATION EASEMENT <br /> AS AN EXCEPTION IN ANY DEED OR OTHER INSTRUMENT OF CONVEYANCE. <br /> 12. AMENDMENT OF EASEMENT <br /> This Conservation Easement may be amended only with the written consent of Grantor and <br /> Grantee.Any such amendment shall be consistent with the purposes of this Conservation Easement <br /> and shall comply with Section 170(h) of the Internal Revenue Code, and any regulations <br /> promulgated in accordance with that section. Any such amendment shall also be consistent with <br /> the Uniform Conservation and Historic Preservation Agreement Act, N.C.G.S. § 121-34 et seq. <br /> and any regulations promulgated pursuant to that law. Grantor and Grantee have no right or power <br /> to agree to any amendment that would affect the enforceability of this Conservation Easement, <br /> significantly impair Conservation Values,or be inconsistent with the purposes of this Conservation <br /> Easement. Any such amendment or modification must be executed by both Grantor and Grantee <br /> and shall be recorded in the public registry of Orange County. <br /> 13. TERMINATION OF EASEMENT <br /> If it is determined that conditions on or surrounding the Property have changed so much that it is <br /> impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at the <br /> joint request of both Grantor and Grantee,terminate this Conservation Easement. Notwithstanding <br /> the foregoing, in entering into this Conservation Easement, Grantor has considered the possibility <br /> that uses prohibited by the terms of this Conservation Easement may become more economically <br /> valuable than permitted uses, and that neighboring properties may in the future be put entirely to <br /> such prohibited uses. In addition, the unprofitability of conducting or implementing any or all of <br /> the uses permitted under this Conservation Easement shall not impair the validity of this <br /> Conservation Easement or be considered grounds for its termination or extinguishment. It is the <br /> intent of both Grantor and Grantee that any such economic changes shall not be deemed to be <br /> changed conditions or a change of circumstances justifying the judicial termination, <br /> extinguishment or amendment of this Conservation Easement. <br /> In the event that all or part of the Property is taken,or threatened to be taken,by exercise of eminent <br /> domain by public, corporate, or other authority, or by negotiated sale in lieu of condemnation,the <br /> Grantor shall immediately give notice to Grantee and shall take all appropriate actions related to <br /> 23 <br />