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<br />NCLWF Property CE Template – rev. Oct 2023
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<br />inadequate. The rights and remedies of Grantee provided hereunder shall be in addition to, and
<br />not in lieu of, all other rights and remedies available to Grantee in connection with this
<br />Conservation Easement, including, without limitation, those set forth in the Grant Contract under
<br />which this Conservation Easement was obtained.
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<br /> B. Access for Inspection and Right of Entry. Grantee shall have the right, by and
<br />through its agents and employees, to enter the Property to inspect the Property for compliance
<br />with this Conservation Easement at all reasonable times and with prior notice and, if necessary,
<br />cross other lands owned by Grantor for the purposes of (1) inspecting the Property to determine
<br />if Grantor is complying with this Conservation Easement and its purposes, (2) enforcing the
<br />terms of this Conservation Easement, (3) taking any and all actions with respect to the Property
<br />as may be necessary or appropriate with or without order of the Court, to remedy or abate
<br />violations hereof, and (4) making scientific and educational observations and studies and taking
<br />samples in such a manner as will not disturb the quiet enjoyment of the Property by Grantor.
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<br />C. Termination and Proceeds of Property Rights Created. This Conservation
<br />Easement gives rise to a property right that is immediately vested in Grantee at the time of
<br />recordation, with a fair market value that is at least equal to the proportionate value that the
<br />Conservation Easement bears to the full value of the whole Property, as if unencumbered by the
<br />Conservation Easement, on the date of the recording of this Conservation Easement. This
<br />proportionate value shall remain constant. For the purposes of determining any distribution of
<br />proceeds pursuant to this Paragraph, Grantor’s proportionate contribution to the purchase price
<br />shall be deemed to be 49%, and Grantee’s proportionate contribution to the purchase price shall
<br />be deemed to be 51%. “Proceeds of Sale” shall include, but not be limited to, the cash value of
<br />all money and property paid, transferred, or contributed in consideration for, or as otherwise
<br />required as a condition to, the taking of, sale of, exchange of, involuntary conversion of, or
<br />severance damages to the Property or part thereof, and any money, damages, or just
<br />compensation otherwise awarded as a result of judicial proceedings. If any Proceeds of Sale are
<br />due, payable, or otherwise obligated to the United States government or any department or
<br />agency thereof related to funding provided to Grantor, then any such obligation shall be paid or
<br />satisfied solely from Grantor’s portion of the Proceeds of Sale.
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<br />1. Eminent Domain. The Conservation Easement may only be extinguished due to
<br />Eminent Domain, in whole or in part, by judicial proceeding. Whenever all or part of the
<br />Property is taken by eminent domain, threatened to be taken by an entity with the power of
<br />eminent domain, or acquired, or sought to be acquired, by negotiated sale in lieu of
<br />condemnation, whether by public, corporate, or other authority, Grantor shall immediately
<br />give notice to Grantee and Fund, and shall take all appropriate actions related to such taking
<br />or negotiated sale in coordination with and with the prior written approval of Grantee and
<br />Fund, to recover the full fair market value (without regard to any diminution in value
<br />attributable to the Conservation Easement) of the taking or acquisition and all incidental,
<br />direct, and severance damages resulting from the taking or acquisition. Grantee, its
<br />successors and assigns, shall be entitled to its proportionate share of the Proceeds of Sale
<br />according to Grantee’s proportional interest in the value of the Property as determined
<br />Docusign Envelope ID: F21173B5-89BA-402D-A035-40030539EB5E
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