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<br /> <br /> <br />Page 14 of 21 <br />writing at least thirty (30) days before conveying the Property, or any part thereof or interest <br />therein. Failure of Grantor 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 /> <br />22. Amendment of Conservation Easement <br /> <br />This Conservation Easement may be amended only with the written consent of Grantee <br />and the Grantor. Any such amendment shall be consistent with the Statement of Purposes of this <br />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 /> <br />23. Procedure in the Event of Termination of Conservation Easement <br /> <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 Grantor 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 />the date of this Conservation Easement), subject to any applicable law which expressly provides <br />for a different disposition of the proceeds. <br /> <br />All termination related expenses incurred by the Grantor and Grantee shall be paid out of <br />any recovered proceeds prior to distribution of the net proceeds as described herein. <br /> <br />24. Procedure in the Event of Condemnation or Eminent Domain <br /> <br /> Grantor and Grantee recognize that the partial sale of this Conservation Easement gives <br />rise to a property right, immediately vested in Grantee, with a fair market value equal to the <br />proportionate value that the Conservation Easement bears to the value of the Property prior to the <br />restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or <br />eminent domain action shall be taken, on all or part of the Property, by any authorized authority, <br />said authority shall be liable to Grantee for the value of the property right vested in Grantee at <br />the time of the signing of this Conservation Easement. <br /> <br />If condemnation or a taking by eminent domain of a part of the Property or the entire <br />Property by a public authority renders it impossible to fulfill any of the conservation purposes of <br />this Conservation Easement on all or part of the Property, the Conservation Easement may be <br />terminated or modified accordingly through condemnation proceedings. Grantor and Grantee <br />agree that the Conservation Easement is a currently vested real property right with a value equal <br />to the proportionate value the Conservation Easement has to the unencumbered value of the fee, <br />as of the date of this grant. If the Conservation Easement is terminated or modified and any or <br />Docusign Envelope ID: F68C289B-897D-4E9C-8B77-C5477012992E