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amendment shall be consistent with Section 1. L, "Statement of Purpose" and with the Grantee's easement amendment policies, and shall comply with Section 170(h) of the Internal Revenue Code or any regulations promulgated in accordance with that section. Any such amendment shall be duly recorded in the County Registry. Grantee most provide to NRCS and the North Carolina Commissioner of Agriculture timely notice in writing of the proposed amendment prior to signing and recordation. No substantive amendment shall be made and recorded without the express written approval of NRCS. Due to the State's interest in the Agricultural Land Easement, the Grantee most provide NCDA&CS timely notice in writing of the proposed amendment prior to signing and recordation and, must receive written consent prior to awarding the Agricultural La Easement. 6.4. Boundary Line Adjustments. Boundary line adjustments are permitted onl in hecaseof technical errors made in the survey or legal description. In such cases undo me adjustments cannot exceed two (2) acres for the entire Protected Prop y correction deed containing the revised legal description shall be properly executed a'rtix d i recorded after approval of the amendment in accordance with Section 6.3. _ 6.5. Procedure in the Event of Extinguishment, Termination and Condemnation. The interests and rights under this Agricultural Land Easement may only, bxjinguished or terminated with written approval of the Grantee and the United States ti9dly o the Federal interest in this Agricultural Land Easement, the United States t ibw and approve any proposed extinguishment, termination, or conden nation al may affect its Federal interest in the Protected Property.^/�' If it determines that conditions on or a& dtng the Protected Property change so much that it becomes impossible to fulfill tly�coion purposes of this Agricultural Land Easement, a court with jurisdiction may, at thelynt request of both the Grantor and the Grantee and with prior written consent of the ted States, as provided herein, terminate or modify the Agricultural Land EasemeN,#ordance with applicable state law. Due to the State's ' tereAt'ip4is Agricultural Land Easement, prior written consent must be Provided to NCDAprior to termination or modification of this Agricultural Land Easement, in cotd ce with applicable state law. If the Agricultural Land Easement is terminated and the Protected Property is sold then as required by Section 1.1 7OA-14(g) (6) of the IRS regulations, the Grantee, NC ADFP Trust Fund shall be entitled to recover the proceeds of the Agricultural Land Easement based on the appraised fair market value of the Agricultural Land Easement at the time the easement is extinguished or terminated, subject to any applicable law which expressly provides for a different disposition of the proceeds. With respect to a proposed extinguishment, termination, or condemnation action, the Grantee and the United States stipulate that the fair market value of the ALE is _50%_ percent, hereinafter the `Proportionate Share," of the fav market value of the land unencumbered by this ALE. The Proportionate Share will remain constant over time. If this ALE 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 land unencumbered by this ALE. The fair market value will be F-7 Page 158