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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />13 <br /> <br /> <br />4.2. Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep <br />and maintenance of the Protected Property, to the extent it may be required by law. The <br />Grantee and the United States shall have no obligation for the upkeep or maintenance of the <br />Protected Property. Due to the State’s interest in this Agricultural Land Easement, <br />NCDA&CS shall have no obligation for the upkeep or maintenance of the Protected Property. <br /> <br />4.3. Transfer of Protected Property. The Grantor agrees to incorporate by reference the terms of <br />this Agricultural Land Easement in any deed or other legal instrument by which they transfer <br />or divest themselves of any interest, including leasehold interests, in the Protected Property. <br />The Grantor shall notify the Grantee in writing at least thirty (30) days before conveying the <br />Protected Property, or any interest therein. Failure of Grantor to do so shall not impair the <br />validity of this Easement or limit its enforceability in any way. <br /> <br />4.4. Transfer of Agricultural Land Easement. Subject to the right of enforcement of the United <br />States as specified in Section 4.8 and other pertinent paragraphs herein, and with timely <br />written notice to and prior written approval of the United States, the Grantee shall have the <br />right to transfer the rights created by this Agricultural Land Easement to any public agency or <br />to any private nonprofit organization approved by Grantor, such approval to not be <br />unreasonably withheld, that, at the time of transfer, is a qualified organization under Section <br />170(h) of the Internal Revenue Code, as amended and under N. C. Gen. Stat. § 121-34 et seq., <br />provided the agency or organization expressly agrees to assume the responsibility imposed on <br />the Grantee by this Agricultural Land Easement. If the Grantee ever ceases to exist or no <br />longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state <br />law, and the United States declines to exercise its contingent rights, a court with jurisdiction <br />may transfer this Easement to another qualified organization having similar purposes that <br />agrees to assume the responsibility imposed by this Agricultural Land Easement. <br /> <br />Subject to the contingent rights of the State of North Carolina with timely written notice and <br />approval of the NCDA&CS, the Grantee shall have the right to transfer this Agricultural Land <br />Easement to any public agency or private nonprofit organization that, at the time of transfer, is <br />a qualified organization under 26 U.S.C. § 170(h) of the Internal Revenue Code, as amended <br />and under N. C. Gen. Stat. § 121-34 et seq., provided the agency or organization expressly <br />agrees to assume the responsibility imposed on the Grantee by this Agricultural Land <br />Easement. As a condition of such transfer, Grantee shall require that the conservation <br />purposes intended to be advanced hereunder shall be continued to be carried out. If the <br />Grantee ever ceases to exist or no longer qualifies under 26 U.S.C. § 170(h) of the Internal <br />Revenue Code, or applicable state law, a court with jurisdiction shall transfer this Agricultural <br />Land Conservation Easement to another qualified organization having similar purposes that <br />agrees to assume the responsibility imposed by the Agricultural Land Conservation Easement. <br /> <br />4.5. Conservation PracticesALE Plan. As required by 16 U.S.C. § 3865a, agricultural production <br />and related uses of the Protected Property are subject to an ALE Plan, as approved by NRCS, <br />to promote the long-term viability of the land to meet the Agricultural Land Easeement(“ALE) <br />purposes. The ALE Plan must also be approved by the Grantor and the Grantee. Grantor <br />agrees the use of the Property will be subject to the ALE Plan on the Protected Property. <br />Section 1238I of the Food Security Act of 1985, as amended, the Grantor, their heirs, <br />successors, or assigns, shall conduct agricultural operations on the Protected Property in a <br />manner consistent with the ALE Plan prepared by Grantor in consultation with NRCS and <br />approved by the Grantee. This ALE Plan shall be developed using the standards and <br />specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect