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00 <br /> 111010 <br /> 8 . TRANSFER OF EASEMENT . Grantees have the right to transfer, assign , <br /> convey, or otherwise to co -hold the Conservation Easement created by this Deed to any public <br /> ency or private nonprofit organization that, at the time of transfer, is a qualified organization <br /> sq <br /> Oder Section 170 (h) of the U. S . Internal Revenue Code, as amended and under NCGS 121 - 34 et <br /> s , provided the agency or organization expressly agrees to assume the responsibility imposed <br /> onjrantees by this Deed . If Grantees ever ceases to exist or no longer qualify under Section <br /> 170 (eof the U . S . Internal Revenue Code , or applicable State law, a court with jurisdiction shall <br /> transfer t is Conservation Easement to another qualified organization having similar purposes <br /> that ag to assume the responsibility imposed by this Conservation Easement , <br /> 9 . TRANSFER OF THE PROPERTY. Grantor shall notify Grantees , in writing , at <br /> least thirty ( days prior to any conveyance by Grantor of the Property or any interest in the <br /> .Property, and document of conveyance shall expressly refer to this Conservation Easement <br /> and, by its term he conveyance shall be made subject to and subordinate to this Conservation <br /> Easement. <br /> 10 . AMENDMENT OF EASEMENT . This easement may be amended only with <br /> the written consent of Gr for and Grantees . Any such amendment shall be consistent with the <br /> purposes of this Conse on Easement and shall comply with Sec . 170 (h) of the Internal <br /> Revenue Code, or any re tions promulgated in accordance with that section . Any such <br /> amendment shall also be co4 ' tent with the Uniform Conservation and Historic Preservation <br /> Agreements Act, N . C . Gen . . § 121 - 34 et seq . , or any regulations promulgated pursuant to <br /> that law . The Grantor and Graes have no right or power to agree to any amendment that <br /> would affect the enforceability o( Ihis Conservation Easement , <br /> 11 . TERMINATION C�` �ASEMENT . If it is determined by a court with <br /> jurisdiction that conditions on or suff undin the Property have changed m h '� g op rty ha ged so much that it is <br /> impossible to fulfill the conservation pup ses set forth above , a court with jurisdiction may , at <br /> the joint request of both the Grantor and ntees, terminate this Conservation Easement. <br /> If condemnation of a part of the Prop or of the entire Property by public authority <br /> renders it impossible to fulfill any of these co rvation purposes , the Conservation Easement <br /> may be terminated by a court with jurisdiction . �0 <br /> At the time of the conveyance of the Conseiation Easement to the Grantees , this <br /> Conservation Easement gives rise to a real Property right, immediately vested in the Grantees . If <br /> the easement is terminated and the Property is sold or taken for public use , then, as required by <br /> Sec . 1 . 170A - 14(g)(6) of the IRS regulations , the Grantec6hall be entitled to a percentage of the <br /> gross sale proceeds or condemnation award (minus any am unt attributed to new improvements <br /> made after the date of the conveyance, which amount shall ID reserved to the Grantor), equal to <br /> the ratio of the appraised value of this easement to the unrestd fair market value of the <br /> Property , as these values are determined on the date of this Co s rvation Easement . The <br /> Grantees shall use the proceeds consistently with the conservati r�urposes of this Conservation <br /> Easement . y . <br /> Page 15 of 25 <br /> 0 <br />