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<br /> proceeds pursuant to this Paragraph, Grantor ' s proportionate contribution to the purchase price
<br /> shall be deemed to be 6 % , and State of North Carolina' s proportionate contribution to the
<br /> urchase price shall be deemed to be 94 % . "Proceeds of Sale" shall mean the cash value of all
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<br /> oney and property paid , transferred , or contributed in consideration for, or as otherwise j
<br /> 09uired as a condition to , the taking of, sale of, exchange of, involuntary conversion of, or
<br /> saWrance damages to , the Property or part thereof, and any money , damages , or just
<br /> corqoensation otherwise awarded as a result of judicial proceedings , minus Grantor ' s reasonable
<br /> exp �es from such transaction or proceeding . If any Proceeds of Sale are due, payable , or
<br /> otherwis obligated to the United States government or any department or agency thereof related
<br /> to funds rovided to Grantor, then any such obligation shall be paid or satisfied solely from
<br /> Grantor ' rtion of the Proceeds of Sale .
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<br /> 1 . minent Domain . Whenever all or part of the Property is taken by eminent
<br /> domai eatened to be taken by an entity with the power of eminent domain, or
<br /> acquire ;� sought to be acquired, by negotiated sale in lieu of condemnation, whether
<br /> by public , Orporate , or other authority , Grantor shall immediately give notice to Grantee
<br /> and Fund, and shall take all appropriate actions related to such taking or negotiated sale
<br /> in coordination with and with the prior written approval of Grantee and Fund, to recover
<br /> the full fair mark value (without regard to any diminution in value attributable to the
<br /> Conservation Ea ent) of the taking or acquisition and all incidental , direct, and
<br /> severance damage sulting from the taking or acquisition . Grantee , its successors and
<br /> assigns , shall be enti to its proportionate share of the Proceeds of Sale which shall
<br /> include, but not be li to , the proceeds of such taking of, sale of, exchange of,
<br /> involuntary conversion li?f, and severance damages to the Property or any . part thereof,
<br /> and any damage or just cQi4ensation otherwise awarded with respect to any judicial
<br /> proceedings , according to @r ntee ' s proportional interest in the value of the Property as
<br /> determined under Treasury lVFg lations § 1 . 170A- 14 (g) (6) (ii) or any successor regulation .
<br /> As allowed by N . C . G . S . § 146 (a) , Grantee shall use its share of the Proceeds of Sale in
<br /> a manner consistent with the pu Saoceeds
<br /> ( s) of the Conservation Easement as set forth herein .
<br /> Notwithstanding the foregoing, of Sale shall be distributed among the Parties
<br /> according to each Party ' s respective`cpntribution to the purchase price of the Property
<br /> and this Conservation Easement as s*ified above . Nothing herein limits Grantee ' s right
<br /> to be included as a named party in any' inent domain action or its right to just
<br /> compensation for the taking of its grope interest .
<br /> 2 . Changed Conditions . If a subsequent, unexpected change in conditions
<br /> surrounding the Property makes impossible or impractical the continued use of the
<br /> Property for the purposes of this Conservation Easement as set forth herein, and the
<br /> Conservation Easement is extinguished in whole r ' n part by judicial proceeding ,
<br /> Grantee, its successors and assigns, shall be entitle o its proportionate share of the
<br /> Proceeds of Sale which shall include , but not be lim tDd to the proceeds of any sale ,
<br /> exchange, or involuntary conversion of the Property Oq y part thereof, and any damage
<br /> award with respect to any judicial proceedings accordi�0 Grantee ' s proportional
<br /> interest in the value of the Property as determined under asu Regulations 1 . 170A -
<br /> P �' �� rY g §
<br /> 14 (g) (6) (11) or any successor regulation. As allowed by N . . S . § 146 - 30 (a) , Grantee
<br /> shall use its share of the Proceeds of Sale in a manner consi§� t with the purpose(s ) of
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