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17 <br /> 10. AMENDMENT OF EASEMENT. This easement may be amended only with <br /> the written consent of Grantor and Grantee. Any such amendment shall be consistent with the <br /> purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal <br /> Revenue Code, or any regulations promulgated in accordance with that section. Any such <br /> amendment shall also be consistent with the Uniform Conservation and Historic Preservation <br /> Agreements Act,N.C. Gen. Stat. § 121-34 et seq., or any regulations promulgated pursuant to <br /> that law. The Grantor and Grantee have no right or power to agree to any amendment that would <br /> affect the enforceability of this Conservation Easement. <br /> 11. TERMINATION OF EASEMENT. If it is determined by a court with <br /> jurisdiction 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 <br /> the joint request of both the Grantor and Grantee, terminate this Conservation Easement. <br /> If condemnation of a part of the Property or of the entire Property by public authority <br /> renders it impossible to fulfill any of these conservation purposes, the Conservation Easement <br /> may be terminated by a court with jurisdiction. <br /> At the time of the conveyance of the Conservation Easement to the Grantee, this <br /> Conservation Easement gives rise to a real Property right, immediately vested in the Grantee. 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 Grantee shall be entitled to a percentage of the <br /> gross sale proceeds or condemnation award(minus any amount attributed to new improvements <br /> made after the date of the conveyance, which amount shall be reserved to the Grantor), equal to <br /> the ratio of the appraised value of this easement to the unrestricted fair market value of the <br /> Property, as these values are determined on the date of this Conservation Easement. The Grantee <br /> shall use the proceeds consistently with the conservation purposes of this Conservation <br /> Easement. <br /> 12. PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT <br /> DOMAIN. Grantor and Grantee recognize that the partial sale of this Conservation Easement <br /> gives rise to a property right, immediately vested in the Grantee, with a fair market value equal <br /> to the proportionate value that the Conservation Easement bears to the value of the Grantor's <br /> Property prior to the restrictions imposed by the Conservation Easement. Accordingly, if any <br /> condemnation or eminent domain action shall be taken, on all or part of the Grantor's Property, <br /> by any authorized authority, said authority shall be liable to the Grantee for the value of the <br /> property right vested in the Grantee at the time of the signing of this Conservation Easement. <br /> If condemnation or a taking by eminent domain of a part of the Grantor's Property or the <br /> entire Property by a public authority renders it impossible to fulfill any of the conservation <br /> purposes of this Conservation Easement on all or part of the Property, this Conservation <br /> Easement may be terminated or modified accordingly through condemnation proceedings. <br /> Grantor and Grantee agree that this Conservation Easement is a currently vested real property <br /> right with a value equal to the proportionate value of the Conservation Easement to the <br /> Page 11 of 17 <br />