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5. Extinguishment and Condemnation. This Agricultural Land Easement vests a right of enforcement in the United States and additional real property interests in the Grantee. These rights may only be extinguished with the necessary approval of the Grantee and the United States, as specified in this Agricultural Land Easement. Due to the Federal interest in this Agricultural Land Easement, the United States must consent to any condemnation action affecting the [Insert Defined Term for Parcel]. If any entity with condemnation authority (condemning agency) proposes to condemn the [Insert Defined Term for Parcel], NRCS must be notified immediately by the condemning agency and grantee ,gnd the consent of the United States must be received by the condemning agency before any condemnation action may proceed with respect to the federal interest in this Agricultural Land Easement. The Grantee and the United States stipulate to have a fair market value of percent ( %), hereinafter the "Proportionate Share," of the fair market value of the Property unencumbered by this Agricultural Land Easement. The Proportionate Share has been determined at the time of conveyance of this Agricultural Land Easement by dividing the fair market value of this Agricultural Land Easement ($ by the fair market value of the Property without this Agricultural Land Easement ($ The Proportionate Share will remain constant over time. If this Agricultural Land Easement is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse Grantee and the United States an amount equal to the Proportionate Share of the fair market value of the Property unencumbered by this Agricultural Land Easement. The fair market value of the Agricultural Land Easement will be determined at the time this Agricultural Land Easement is terminated, extinguished, or condemned by an appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards or Federal Land Acquisition (UASFLA) that is completed by a certified general appraiser and approved by the Grantee and the United States. 1 , . ter The Proportionate Share paid to the Grantee and the United States must be allocated as follows: (a) to the Grantee or its designee, percent ( %) of the Proportionate Share; and (b) to the United States percent (_%) of the Proportionate Share, representing the proportion each party contributed to the purchase price of this Agricultural Land Easement. The Proportionate Share of the Grantee also includes p ercent ( %) of the appraised value of this Agricultural Land Easement, donated by the Grantor to the Grantee, if any. Until such time as the Grantee and the United States receive the Proportionate Share from the Grantor or the Grantor's successor or assign, the Grantee and the United States each have a lien against the Property for the amount of the Proportionate Share due each of them. The Grantee or its designee must use its allocation of the Proportionate Share in a manner consistent with the conservation purposes of the Agricultural Land Easement. If proceeds from termination, extinguishment, or condemnation are paid directly to Grantee, the Grantee must reimburse the United States for the amount of the Proportionate Share due to the United States. Amendment. This Agricultural Land Easement may be amended only if, in the sole and exclusive judgment of the Grantee and United States, by and through the Chief of NRCS, such amendment is consistent with the purposes of this Agricultural Land Easement and complies with all applicable laws and regulations. The Grantee must provide timely written notice to the Chief of NRCS of any proposed amendment(s). Prior to the signing and recordation of the amended Agricultural Land Easement, such amendment(s) must be mutually agreed upon by the Grantee, Grantor, and United States, by and through the Chief of NRCS. The Grantee must provide to the Chief of NRCS timely written notice of the proposed amendment. Any purported amendment that is recorded without the prior approval of the United States will considered null and void. Page 13 of 16 Attachment number 1 F -7 Page 210