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bill , statement, or estimate , and the obligation created by such payment shall bear <br /> interest until paid by Grantor at the maximum rate allowed by law . <br /> C . Extinguishment. If circumstances arise in the future such as render the <br /> purpose of this Easement impossible to accomplish , this Easement can only be <br /> terminated or extinguished , whether in whole or in part, by judicial proceedings in a <br /> court of competent jurisdiction , and the amount of the proceeds to which Grantee shall <br /> be entitled , after the satisfaction of prior claims, from any sale , exchange, or involuntary <br /> conversion of all or any portion of the Property subsequent to such termination or <br /> extinguishment, shall be determined , unless otherwise provided by Florida law at the <br /> time , in accordance with paragraph VIII . D. Grantee shall use all such proceeds in a <br /> manner consistent with the Conservation Purposes of this grant or the purposes of the <br /> tax exempt general obligation bond proceeds issued by Indian River County as <br /> contemplated by Resolution No. 2005-059 adopted May 17 , 2005; Resolution 2004-062 <br /> adopted June 22 , 2004 ; and the "2004 Referendum" (as that term is used in the <br /> foregoing resolutions 2004 Indian River County referendum ), and any other bond or <br /> statutory program under which Grantee obtained the purchase money for this <br /> Easement. Grantor believes that any changes in the use of neighboring properties will <br /> increase the benefit to the public of the continuation of this Easement, and Grantor and <br /> Grantee intend that any such changes shall not be deemed to be circumstances <br /> justifying the termination or extinguishment of this Easement. In addition , the inability of <br /> Grantor to conduct or implement any or all of the uses allowed under the terms of this <br /> Easement, or the unprofitability of doing so, shall not impair the validity of this Easement <br /> or be considered grounds for its termination or extinguishment. <br /> D . Proceeds . This Easement constitutes a real property interest immediately <br /> vested in Grantee, which , for the purposes of paragraph VIII . C . , the parties stipulate to <br /> have a fair market value determined by multiplying the fair market value of the Property <br /> unencumbered by the Easement (minus any increase in value after the date of this <br /> grant attributable to improvements) by the ratio of the value of the Easement at the time <br /> of this grant to the value of the Property, without deduction for the value of the <br /> Easement, at the time of this grant. For the purposes of this paragraph , the ratio of the <br /> value of the Easement to the value of the Property unencumbered by the Easement <br /> shall remain constant. <br /> E . Condemnation . If the Easement is taken , in whole or in part, by exercise of <br /> the power of eminent domain , Grantee shall be entitled to compensation in accordance <br /> with applicable law. <br /> F . Assignment. This Easement is transferable to the State of Florida , St. Johns <br /> River Water Management District, or Indian River Land Trust without consent of <br /> Grantor. Grantee may assign its rights and obligations under this Easement only to a <br /> governmental entity or nonprofit organization whose purposes include the conservation <br /> of land or water areas or the preservation of sites or properties. As a condition of such <br /> transfer, Grantee shall require that the Conservation Purposes that this grant is <br /> intended to advance continue to be carried out . <br /> 13 <br />