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meets RCO and the United States requirements for appraisals and is approved <br />by the United States of America, by (b) the ratio of the value of the Easement at <br />the time of this grant to the value of the Protected Property, unencumbered by <br />the Easement, at the time of this grant. <br />11.3.2 For purposes of this Section, the Parties agree that the ratio of the value of the <br />Easement to the value of Grantor's property unencumbered by the Easement is <br />evidenced by that certain real property appraisal prepared by Gregory Richards <br />with Richards & Associates, dated July 30, 2019, on file with Grantee. This ratio <br />is 0.59 and shall remain constant. <br />11.4 Distribution of Proceeds. In the event of extinguishment of this Easement pursuant <br />to Section 11. 1, condemnation of this Easement pursuant to Section 11.2, or damages <br />received by Grantee in an amount equal to the fair market value of this Easement <br />pursuant to Section 9.6 any proceeds attributable to the value of the Easement shall be <br />distributed as follows: NRCS is entitled to 40% and RCO is entitled to 50% and Co - <br />Grantee (or other source of acquisition funding for the Easement as applicable) is <br />entitled to the remaining 10% of any such proceeds. <br />11.5 Subsequent Transfers. Grantor agrees to: (1) incorporate by express reference the <br />terms of this Easement in any deed or other legal instrument by which it divests itself <br />of any interest in all or a portion of the Protected Property; and (2) describe this <br />Easement in and append it to, any executory contract for the transfer of any interest in <br />the Protected Property. Grantor further agrees to give written notice to the Grantee and <br />Co -Grantee of the transfer of any interest at least thirty (30) days prior to the date of <br />such transfer. Such notice to Grantee and Co -Grantee shall include the name, address, <br />and telephone number of the prospective transferee or such transferee's representative. <br />The failure of the Grantor to perform any act required by this Section 11 shall not <br />impair the validity of this Easement or limit its enforceability in any way. <br />12 AMENDMENT <br />12.1 If circumstances arise under which an amendment to or modification of this Easement <br />would be appropriate, the Parties may jointly amend this Easement provided that the <br />Parties first obtain the written consent of each Beneficiary to this Easement. Any such <br />amendment shall be consistent with the Purpose of this Easement, shall not affect the <br />qualification of this Easement or the status of Grantee or Co -Grantee under any <br />applicable laws, shall not shorten the duration of this Easement, shall not amend the <br />area of the Protected Property covered by the Easement (unless it is expanded to cover <br />additional land without removing any land included in the Protected Property) and shall <br />be recorded in the official records of Kittitas County, Washington, and any other <br />jurisdiction in which such recording is required. <br />-29- <br />