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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />19 <br /> <br />and through the Chief of NRCS. Any purported amendment that is recorded without the prior <br />approval of the United States and Commissioner of Agriculture and Consumer Services is null <br />and void. <br /> <br />Due to the State’s interest, this Agriculture Land Easement may be amended only with the <br />prior written consent of the Grantee and the Grantor and approved by the Commissioner of the <br />North Carolina Department of Agriculture and the Secretary of the United States Department <br />of Agriculture by and through the Chief of NRCS. Any such amendment shall be consistent <br />with Section 1.1., “Statement of Purpose” and with the Grantee’s easement amendment <br />policies, and shall comply with Section 170(h) of the Internal Revenue Code or any <br />regulations promulgated in accordance with that section. Any such amendment shall be duly <br />recorded in the Cabarrus County Registry. Grantee must provide to NRCS and the North <br />Carolina Commissioner of Agriculture timely notice in writing of the proposed amendment <br />prior to signing and recordation. No substantive amendment shall be made and recorded <br />without the express written approval of NRCS. <br /> <br />Due to the State’s interest in the Agriculture Land Easement, the Grantee must provide <br />NCDA&CS timely notice in writing of the proposed amendment prior to signing and <br />recordation and, must receive written consent prior to awarding the easement. <br />6.4. Boundary Line Adjustments. Boundary line adjustments are permitted only in the case of <br />technical errors made in the survey or legal description. In such cases, boundary line <br />adjustments cannot exceed two (2) acres for the entire Protected Property. A correction deed <br />containing the revised legal description shall be properly executed and duly recorded. <br />6.5. Procedure in the Event of Extinguishment, or Termination, and Condemnation. The interests <br />and rights under this Agricultural Land Easement may only be extinguished or terminated with <br />written approval of the Grantee and the United States. Due to the federal interest in this <br />Agricultural Land EasementLand Easement, the United States must review and approve any <br />proposed extinguishment, termination, or condemnation action that may affect its Federal <br />interest in the Protected Property. <br /> <br />If it determines that conditions on or surrounding the Protected Property change so much that <br />it becomes impossible to fulfill the conservation purposes of this Agricultural Land Easement, <br />a court with jurisdiction may, at the joint request of both the Grantor and the Grantee and with <br />prior written consent of the United States, as provided herein, terminate or modify this <br />Agricultural Land Easement in accordance with applicable state law. <br /> <br />Due to the State’s interest in this Agricultural Land Easement, prior written consent must be <br />provided to NCDA&CS prior to termination or modification of this Agricultural Land <br />EasementLand Easement, in accordance with applicable state law. <br /> <br />If the Easement is terminated and the Protected Property is sold then as required by Section <br />1.1 70A-14(g) (6) of the IRS regulations, the Grantee, NC ADFP Trust Fund shall be entitled <br />to recover the proceeds of the Agricultural Land Easement based on the appraised fair market <br />value of the Agricultural Land Easement at the time the eeasement is extinguished or <br />terminated, subject to any applicable law which expressly provides for a different disposition <br />of the proceeds. <br /> <br />With respect to a proposed extiguishmentextinguishment, terminate, or condemnation action, <br />the Grantee and the United States stipulate that the fair market value of the ALE is 50 percent,