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18 <br /> such violation has occurred, each parry shall bear its own costs. In any case where the court <br /> finds that there was a complete absence of a justiciable issue of either law or fact raised by the <br /> losing party, the court may award a reasonable attorney's fee to the prevailing party as provided <br /> by law. <br /> 20. Transfer of Conservation Easement <br /> Grantee shall have the right to transfer the Conservation Easement created by this Deed <br /> to any public agency or private nonprofit organization that, at the time of transfer, is a qualified <br /> organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under <br /> NCGS 121-34 et seq.,provided the agency or organization expressly agrees to assume the <br /> responsibility imposed on Grantee by this Deed. If Grantee ever ceases to exist or no longer <br /> qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court <br /> with jurisdiction shall transfer this Conservation Easement to another qualified organization <br /> having similar purposes that agrees to assume the responsibility imposed by this Conservation <br /> Easement. <br /> 21. Transfer of Property <br /> The Grantors agree to incorporate by reference the terms of this Conservation Easement <br /> in any deed or other legal instrument by which they transfer or divest themselves of any interests, <br /> including leasehold interests, in all or a portion of the Property. Grantors shall notify Grantee in <br /> writing at least thirty (30) days before conveying the Property, or any part thereof or interest <br /> therein. Failure of Grantors to incorporate by reference the terms of this Conservation Easement <br /> in an instrument or transfer or conveyance or to notify Grantee of a transfer or conveyance shall <br /> not impair the validity of this Conservation Easement or limit its enforceability in any way. <br /> 22. Amendment of Conservation Easement <br /> This Conservation Easement may be amended only with the written consent of Grantee <br /> and the Grantors. Any such amendment shall be consistent with the Statement of Purposes of <br /> this Conservation Easement and with Grantee's Conservation Easement amendment policies, and <br /> shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated <br /> in accordance with that section. Any such amendment shall be duly recorded. <br /> 23. Procedure in the Event of Termination of Conservation Easement <br /> If it determines that conditions on or surrounding the Property change so much that it <br /> becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court <br /> with jurisdiction may, at the joint request of both the Grantors and the Grantee, terminate or <br /> modify the Conservation Easement created by this Deed in accordance with applicable State law. <br /> If the Conservation Easement is terminated and the Property is sold then as required by Section <br /> 1.1 70A-14(g)(6) of the IRS regulations, Grantee shall be entitled to One Hundred percent(100 <br /> %) of the net sale proceeds (equal to the ratio of the appraised value of this Conservation <br /> Easement to the unrestricted fair market value of the Property, as these values are determined on <br /> Page 13 of 21 <br />