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BK 6875 PG 2099 DOC# 30116168 <br /> and, by its terms, the 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 Grantors 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 Grantors 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 Grantors), 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, i <br /> s <br /> I <br /> 12 . PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT <br /> DOMAIN . Grantors 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 Grantors ' <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 Grantors ' 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 Grantors ' 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 /> Page 12 of 26 <br /> i <br /> i <br /> Ep� <br /> S <br /> Book 6875 <br /> ki <br /> I <br />