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BK 6866 PG 702 DOC# 30111878 <br /> Stat. § 121-34 etseq.,or any regulations promulgated pursuant to that law. The Grantor and Grantee <br /> have no right or power to agree to any amendment that would affect the enforceability of this <br /> Conservation Easement. <br /> 11. TERMINATION OF EASEMENT. If it is determined by a court with jurisdiction <br /> that conditions on or surrounding the Property have changed so much that it is impossible to fulfill <br /> the conservation purposes set forth above,a court with jurisdiction may, at the joint request of both. <br /> 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 renders <br /> it impossible to fulfill any of these conservation purposes, the Conservation Easement may be <br /> 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 the <br /> easement is terminated and the Easement Area is sold or taken for public use,then, as required by <br /> Sec. 1.1 70A-I 4(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 the <br /> ratio of the appraised value of this easement to the unrestricted fair market value of the Property, as <br /> these values are determined on the date of this Conservation Easement. The Grantee shall use the <br /> proceeds consistently with the conservation purposes of this Conservation 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 gives <br /> rise to a property right, immediately vested in the Grantee, with a fair market value equal to the <br /> proportionate value that the Conservation Easement bears to the value of the Grantor's Property <br /> prior to the restrictions imposed by the Conservation Easement. Accordingly,if any condemnation <br /> or eminent domain action shall be taken,on all or part of the Grantor's Property,by any authorized <br /> authority,said authority shall be liable to the Grantee for the value of the property right vested in the <br /> 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 purposes <br /> of this Conservation Easement on all or part of the Property, this Conservation Easement may be <br /> terminated or modified accordingly through condemnation proceedings. Grantor and Grantee agree <br /> that this Conservation Easement is a currently vested real property right with a value equal to the <br /> proportionate value of the Conservation Easement to the unencumbered value of the fee, as of the <br /> date of this Conservation Easement. If the Conservation Easement is terminated or modified and <br /> any or all of the Grantor's Property is sold or taken for public use, then, as required by Section <br /> 1.1 70A-I 4(g)(6)of the IRS regulations,the Grantee shall be entitled to the proportionate value of the <br /> Conservation Easement. <br /> Page 11 of 17 <br />